    [Congressional Bills 116th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 133 Engrossed Amendment House (EAH)]

    <DOC>
                    In the House of Representatives, U. S.,

                                                         December 21, 2020.
        Resolved, That the House agree to the amendment of the Senate to
    the bill (H.R. 133) entitled ``An Act to promote economic partnership
    and cooperation between the United States and Mexico.'', with the
    following

                      HOUSE AMENDMENT TO SENATE AMENDMENT:

                In lieu of the matter proposed to be inserted by the
          amendment of the Senate, insert the following:

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Consolidated Appropriations Act,
    2021''.

    SEC. 2. TABLE OF CONTENTS.

    Sec. 1. Short title.
    Sec. 2. Table of contents.
    Sec. 3. References.
    Sec. 4. Explanatory statement.
    Sec. 5. Statement of appropriations.
    Sec. 6. Availability of funds.
    Sec. 7. Adjustments to compensation.
    Sec. 8. Definition.
    Sec. 9. Office of Management and Budget Reporting Requirement.

           DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
         ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021

    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 Agency and Food and Drug Administration
    Title VII--General Provisions

         DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2021

    Title I--Department of Commerce
    Title II--Department of Justice
    Title III--Science
    Title IV--Related Agencies
    Title V--General Provisions

           DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021

    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
    Title IX--Overseas Contingency Operations

         DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2021

    Title I--Corps of Engineers--Civil
    Title II--Department of the Interior
    Title III--Department of Energy
    Title IV--Independent Agencies
    Title V--General Provisions

     DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
                                   ACT, 2021

    Title I--Department of the Treasury
    Title II--Executive Office of the President and Funds Appropriated to
                                the President
    Title III--The Judiciary
    Title IV--District of Columbia
    Title V--Independent Agencies
    Title VI--General Provisions--This Act
    Title VII--General Provisions--Government-wide
    Title VIII--General Provisions--District of Columbia
    Title IX--General Provision--Emergency Funding

      DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021

    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, 2021

    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, 2021

    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, 2021

    Title I--Legislative Branch
    Title II--General Provisions

       DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2021

    Title I--Department of Defense
    Title II--Department of Veterans Affairs
    Title III--Related Agencies
    Title IV--Overseas Contingency Operations
    Title V--General Provisions

       DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
                       PROGRAMS APPROPRIATIONS ACT, 2021

    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
    Title VIII--Nita M. Lowey Middle East Partnership for Peace Act of 2020
    Title IX--Emergency Funding and Other Matters

    DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2021

    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--CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS
                                   ACT, 2021

             DIVISION N--ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF

                DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS

    Title I--Immigration Extensions
    Title II--Commission on Black Men and Boys Corrections
    Title III--U.S. Customs and Border Protection Authority to Accept
                                Donations Extension
    Title IV--Livestock Mandatory Reporting Extension
    Title V--Soil Health and Income Protection Pilot Program Extension
    Title VI--United States-Mexico-Canada Agreement Implementation Act
                                Technical Corrections
    Title VII--Deputy Architect of the Capitol Amendments
    Title VIII--Pandemic Response Accountability Committee Amendments
    Title IX--Adjustment of Status for Liberian Nationals Extension
    Title X--Clean Up the Code Act of 2019
    Title XI--Amendments to Provisions Relating to Child Care Centers
    Title XII--Alaska Natives Extension
    Title XIII-- Open Technology Fund Opportunity to Contest Proposed
                                Debarment
    Title XIV--Budgetary Effects

         DIVISION P--NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020

      DIVISION Q--FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY

     DIVISION R--PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING
                               SAFETY ACT OF 2020

                   DIVISION S--INNOVATION FOR THE ENVIRONMENT

        DIVISION T--SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT AND
                     NATIONAL MUSEUM OF THE AMERICAN LATINO

       DIVISION U--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS

         DIVISION V--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

        DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

     DIVISION X--SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE PANDEMIC

                DIVISION Y--AMERICAN MINER BENEFITS IMPROVEMENT

                         DIVISION Z--ENERGY ACT OF 2020

              DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020

       DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

                         DIVISION CC--HEALTH EXTENDERS

                DIVISION DD--MONTANA WATER RIGHTS PROTECTION ACT

      DIVISION EE--TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2020

                           DIVISION FF--OTHER MATTER

    Title I--Continuing Education at Affected Foreign Institutions and
                                Modification of Certain Protections for
                                Taxpayer Return Information
    Title II--Public Lands
    Title III--Foreign Relations and Department of State Provisions
    Title IV--Senate Sergeant at Arms Cloud Services
    Title V-- Repeal of Requirement to Sell Certain Federal Property in
                                Plum Island, New York
    Title VI-- Preventing Online Sales of E-Cigarettes to Children
    Title VII--FAFSA Simplification
    Title VIII--Access to Death Information Furnished to or Maintained by
                                the Social Security Administration
    Title IX--Telecommunications and Consumer Protection
    Title X--Bankruptcy Relief
    Title XI--Western Water and Indian Affairs
    Title XII--Horseracing Integrity and Safety
    Title XIII--Community Development Block Grants
    Title XIV--COVID-19 Consumer Protection Act
    Title XV--American COMPETE Act
    Title XVI--Recording of Obligations
    Title XVII--Sudan Claims Resolution
    Title XVIII--Theodore Roosevelt Presidential Library Conveyance Act of
                                2020
    Title XIX--United States-Mexico Economic Partnership Act
    Title XX--Consumer Product Safety Commission Port Surveillance
    Title XXI--COVID-19 Regulatory Relief and Work From Home Safety Act

    SEC. 3. REFERENCES.

        Except as expressly provided otherwise, any reference to ``this
    Act'' contained in any division of this Act shall be treated as
    referring only to the provisions of that division.

    SEC. 4. EXPLANATORY STATEMENT.

        The explanatory statement regarding this Act, printed in the House
    section of the Congressional Record on or about December 21, 2020, and
    submitted by the Chairwoman 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.

    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, 2021.

    SEC. 6. AVAILABILITY OF FUNDS.

        (a) Each amount designated in this Act 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 shall be
    available (or rescinded, if applicable) only if the President
    subsequently so designates all such amounts and transmits such
    designations to the Congress.
        (b) Each amount designated in this Act by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985 shall be available (or rescinded, if applicable) only if
    the President subsequently so designates all such amounts and transmits
    such designations to the Congress.

    SEC. 7. 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 2021.

    SEC. 8. DEFINITION.

        In divisions A through M of this Act, the term ``coronavirus''
    means SARS-CoV-2 or another coronavirus with pandemic potential.

    SEC. 9. OFFICE OF MANAGEMENT AND BUDGET REPORTING REQUIREMENT.

        Notwithstanding the ``7 calendar days'' requirement in section
    251(a)(7)(B) of the Balanced Budget and Emergency Deficit Control Act
    of 1985 (2 U.S.C. 901(a)(7)(B)), for any appropriations Act for fiscal
    year 2021 enacted before January 1, 2021, the Office of Management and
    Budget shall transmit to the Congress its report under that section
    estimating the discretionary budgetary effects of such Acts not later
    than January 15, 2021.

           DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
         ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021

                                    TITLE I

                             AGRICULTURAL PROGRAMS

                      Processing, Research, and Marketing

                            Office of the Secretary

                         (including transfers of funds)

        For necessary expenses of the Office of the Secretary, $46,998,000,
    of which not to exceed $5,101,000 shall be available for the immediate
    Office of the Secretary; not to exceed $1,324,000 shall be available
    for the Office of Homeland Security; not to exceed $7,002,000 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
    $22,321,000 shall be available for the Office of the Assistant
    Secretary for Administration, of which $21,440,000 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 $3,908,000 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 $7,342,000 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 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 may 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.

                              Executive Operations

                         office of the chief economist

        For necessary expenses of the Office of the Chief Economist,
    $24,192,000, of which $8,000,000 shall be for grants or cooperative
    agreements for policy research under 7 U.S.C. 3155.

                         office of hearings and appeals

        For necessary expenses of the Office of Hearings and Appeals,
    $15,394,000.

                     office of budget and program analysis

        For necessary expenses of the Office of Budget and Program
    Analysis, $9,629,000.

                    Office of the Chief Information Officer

        For necessary expenses of the Office of the Chief Information
    Officer, $66,814,000, of which not less than $56,000,000 is for
    cybersecurity requirements of the department.

                     Office of the Chief Financial Officer

        For necessary expenses of the Office of the Chief Financial
    Officer, $6,109,000.

               Office of the Assistant Secretary for Civil Rights

        For necessary expenses of the Office of the Assistant Secretary for
    Civil Rights, $908,000:  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.

                             Office of Civil Rights

        For necessary expenses of the Office of Civil Rights, $22,789,000.

                      Agriculture Buildings and 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, $108,124,000, 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.), $6,514,000, 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, $23,218,000.

                          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.), $99,912,000, 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).

                         Office of the General Counsel

        For necessary expenses of the Office of the General Counsel,
    $45,390,000.

                                Office of Ethics

        For necessary expenses of the Office of Ethics, $4,184,000.

      Office of the Under Secretary for Research, Education, and Economics

        For necessary expenses of the Office of the Under Secretary for
    Research, Education, and Economics, $809,000:  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.

                           Economic Research Service

        For necessary expenses of the Economic Research Service,
    $85,476,000.

                    National Agricultural Statistics Service

        For necessary expenses of the National Agricultural Statistics
    Service, $183,921,000, of which up to $46,300,000 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).

                         Agricultural Research Service

                             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,
    $1,491,784,000:  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 two buildings to be constructed at a
    cost not to exceed $3,000,000 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
    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, $35,700,000 to
    remain available until expended, of which $11,200,000 shall be
    allocated for ARS facilities co-located with university partners.

                   National Institute of Food and Agriculture

                       research and education activities

        For payments to agricultural experiment stations, for cooperative
    forestry and other research, for facilities, and for other expenses,
    $992,642,000, 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, and grants
    management systems shall remain available until expended:  Provided
    further, That each institution 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 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.

                  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, $538,447,000, 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 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.

                             integrated activities

        For the integrated research, education, and extension grants
    programs, including necessary administrative expenses, $39,000,000,
    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, 2022:  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).

      Office of the Under Secretary for Marketing and Regulatory Programs

        For necessary expenses of the Office of the Under Secretary for
    Marketing and Regulatory Programs, $809,000:  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

                         (including transfers of funds)

        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),
    $1,064,179,000, of which $478,000, 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 $13,597,000, 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
    $38,093,000, to remain available until expended, shall be for Animal
    Health Technical Services; of which $2,009,000 shall be for activities
    under the authority of the Horse Protection Act of 1970, as amended (15
    U.S.C. 1831); of which $63,213,000, 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 $196,553,000, to remain available until
    expended, shall be for specialty crop pests; of which, $10,942,000, to
    remain available until expended, shall be for field crop and rangeland
    ecosystem pests; of which $19,620,000, to remain available until
    expended, shall be for zoonotic disease management; of which
    $41,268,000, to remain available until expended, shall be for emergency
    preparedness and response; of which $60,456,000, to remain available
    until expended, shall be for tree and wood pests; of which $5,736,000,
    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
    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 $20,252,000, 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 2021, 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.

                            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.

                         Agricultural Marketing Service

                               marketing services

        For necessary expenses of the Agricultural Marketing Service,
    $188,358,000, of which $6,000,000 shall be available for the purposes
    of section 12306 of Public Law 113-79:  Provided, 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

        Not to exceed $61,227,000 (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 $20,705,000 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).

                       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.

            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 Food Safety

        For necessary expenses of the Office of the Under Secretary for
    Food Safety, $809,000:  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), $1,075,703,000; 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 2021 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.

                                    TITLE II

                   FARM PRODUCTION AND CONSERVATION PROGRAMS

       Office of the Under Secretary for Farm Production and Conservation

        For necessary expenses of the Office of the Under Secretary for
    Farm Production and Conservation, $916,000:  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.

                Farm Production and Conservation Business Center

                             salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Farm Production and Conservation
    Business Center, $231,302,000:  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)

        For necessary expenses of the Farm Service Agency, $1,142,924,000,
    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, 2022:  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 2021 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 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.

                             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), $6,914,000.

                   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).

               agricultural credit insurance fund program account

                         (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: $3,300,000,000 for guaranteed farm
    ownership loans and $2,500,000,000 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 land acquisition loans, $20,000,000;
    guaranteed conservation loans, $150,000,000; relending program,
    $33,693,000; 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: $38,710,000 for direct
    farm operating loans, $23,727,000 for unsubsidized guaranteed farm
    operating loans, $207,000 for emergency loans, $5,000,000 for the
    relending program, and $742,000 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, $307,344,000:  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, $60,131,000:
    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

                            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,
    $832,727,000, to remain available until September 30, 2022:  Provided,
    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 amounts made available under this
    heading, $3,000,000 shall remain available until expended for planning
    and implementation assistance associated with land treatment measures
    that address flood damage reduction, bank stabilization and erosion
    control in the watersheds identified under section 13 of the Flood
    Control Act of December 22, 1944 (Public Law 78-534).

                   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, $175,000,000, to remain available
    until expended:  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, $65,000,000 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 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, $10,000,000 is provided.

                                  CORPORATIONS

        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

                            (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).

                                   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, $812,000:  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; $264,024,000:  Provided,
    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

                         (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: $1,000,000,000 shall be for direct loans and $24,000,000,000
    shall be for unsubsidized guaranteed loans; $28,000,000 for section 504
    housing repair loans; $40,000,000 for section 515 rental housing;
    $230,000,000 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 self-help 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, $55,400,000 shall be for
    direct loans; section 504 housing repair loans, $2,215,000; section 523
    self-help housing land development loans, $269,000; section 524 site
    development loans, $355,000; and repair, rehabilitation, and new
    construction of section 515 rental housing, $6,688,000:  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, 2021:  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, grants, and contracts,
    as authorized by sections 514 and 516 of the Housing Act of 1949 (42
    U.S.C. 1484, 1486), $15,093,000, 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''.

                           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, $1,410,000,000, of which $40,000,000 shall be
    available until September 30, 2022; 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 one-year
    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 2021 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
    2021 for a project that the Secretary determines no longer needs rental
    assistance and use such recaptured funds for current needs.

              multi-family housing revitalization program account

        For the rural housing voucher program as authorized under section
    542 of the Housing Act of 1949, but notwithstanding subsection (b) of
    such section, and for additional costs to conduct a demonstration
    program for the preservation and revitalization of multi-family rental
    housing properties described in this paragraph, $68,000,000, to remain
    available until expended:  Provided, That of the funds made available
    under this heading, $40,000,000, shall be available for rural housing
    vouchers to any low-income household (including those not receiving
    rental assistance) residing in a property financed with a section 515
    loan which has been prepaid 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 if the Secretary determines
    that the amount made available for vouchers in this or any other Act is
    not needed for vouchers, the Secretary may use such funds for the
    demonstration program for the preservation and revitalization of multi-
    family rental housing properties described in this paragraph:  Provided
    further, That of the funds made available under this heading,
    $28,000,000 shall be available 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 reamortizing 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 further, 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 if the Secretary determines that additional funds for
    vouchers described in this paragraph are needed, funds for the
    preservation and revitalization demonstration program may be used for
    such vouchers:  Provided further, That if Congress enacts legislation
    to permanently authorize a multi-family rental housing loan
    restructuring program similar to the demonstration program described
    herein, the Secretary may use funds made available for the
    demonstration program under this heading to carry out such legislation
    with the prior approval of the Committees on Appropriations of both
    Houses of Congress:  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.

                      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), $31,000,000, 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, $45,000,000, to remain available until
    expended.

                   rural community facilities program account

                         (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 $500,000,000 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 Act,
    $74,000,000, to remain available until expended:  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 $6,000,000 of the amount
    appropriated under this heading shall be to provide grants for
    facilities in rural communities with extreme unemployment and severe
    economic depression (Public Law 106-387), with up to 5 percent for
    administration and capacity building in the State rural development
    offices:  Provided further, That of the amount appropriated under this
    heading, $25,000,000 shall be available to cover the subsidy costs for
    loans or loan guarantees under this heading:  Provided further, That if
    any such funds remain unobligated for the subsidy costs after June 30,
    2021, the unobligated balance may be transferred to the grant programs
    funded under this heading:  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
    $5,000,000 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.

                      Rural Business--Cooperative Service

                         rural business program account

                         (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, $56,400,000, 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 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, not to exceed $2,000,000 shall be for Rural Business
    Development Grants in rural coastal communities, with priority given to
    National Scenic Areas that were devastated by wildfires that are in
    need of economic development assistance, to support innovation and job
    growth:  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, $2,939,000, as authorized by the
    Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
    $557,000 shall be available through June 30, 2021, for Federally
    Recognized Native American Tribes; and of which $1,072,000 shall be
    available through June 30, 2021, 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.

                      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), $26,600,000, 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 $15,000,000, to 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 the cost of loans and grants, $6,000,000 under the same terms
    and conditions as authorized by section 379E of the Consolidated Farm
    and Rural Development Act (7 U.S.C. 2008s):  Provided, That such costs
    of loans, including the cost of modifying such loans, shall be defined
    in section 502 of the Congressional Budget Act of 1974.

                        rural energy for america program

         For the cost of a program of loan guarantees, 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), $392,000:  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.

                            Rural Utilities Service

                 rural water and waste disposal program account

                         (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,
    $621,567,000, 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) 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 $68,000,000 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 $35,000,000 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 $8,000,000 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 $20,157,000 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 high-energy 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.

       rural electrification and telecommunications loans program account

                         (including transfer of funds)

        The principal amount of direct and guaranteed loans as authorized
    by sections 305, 306, and 317 of the Rural Electrification Act of 1936
    (7 U.S.C. 935, 936, and 940g) shall be made as follows: loans made
    pursuant to sections 305, 306, and 317, notwithstanding 317(c), of that
    Act, rural electric, $5,500,000,000; 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 of the
    Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
    modifying loans, as defined in section 502 of the Congressional Budget
    Act of 1974, cost of money rural telecommunications loans, $2,277,000.
        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''.

             distance learning, telemedicine, and broadband program

        For the principal amount of broadband telecommunication loans,
    $11,869,000.
        For grants for telemedicine and distance learning services in rural
    areas, as authorized by 7 U.S.C. 950aaa et seq., $60,000,000, to remain
    available until expended:  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 section 601 of
    the Rural Electrification Act, $2,000,000, 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.
        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

        Office of the Under Secretary for Food, Nutrition, and Consumer
                                    Services

        For necessary expenses of the Office of the Under Secretary for
    Food, Nutrition, and Consumer Services, $809,000:  Provided, That funds
    made available by this Act to an agency in the Food, Nutrition and
    Consumer Services mission area for salaries and expenses are available
    to fund up to one administrative support staff for the Office.

                           Food and Nutrition Service

                            child nutrition programs

                         (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; $25,118,440,000 to remain available through September 30,
    2022, 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, $15,299,000 shall be available to carry out studies and
    evaluations and shall remain available until expended:  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, $42,000,000 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
    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 2021'' and inserting ``2010 through 2022'':  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 2020'' and inserting ``For fiscal year 2021'':
    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 2020'' and inserting ``For
    fiscal year 2021''.

    special supplemental nutrition program for women, infants, and children
                                     (wic)

        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, 2022:  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

        For necessary expenses to carry out the Food and Nutrition Act of
    2008 (7 U.S.C. 2011 et seq.), $114,035,578,000, of which
    $3,000,000,000, to remain available through September 30, 2023, 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 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, 2022:  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, 2022:  Provided further, That with
    respect to funds made available under this heading for section
    28(d)(1), the Secretary shall use 2 percent for administration,
    training and technical assistance, and pilot projects under section 28:
     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.

                          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, $426,700,000, to
    remain available through September 30, 2022:  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 2021 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, 2022:  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,
    $156,805,000:  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 and Foreign Agricultural
                                    Affairs

        For necessary expenses of the Office of the Under Secretary for
    Trade and Foreign Agricultural Affairs, $887,000:  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

        For necessary expenses of the Office of Codex Alimentarius,
    $4,805,000, including not to exceed $40,000 for official reception and
    representation expenses.

                          Foreign Agricultural Service

                             salaries and expenses

                         (including transfers of funds)

        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), $221,835,000, of which no more than 6 percent shall
    remain available until September 30, 2022, 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 i direct credit and food for progress program
                                    account

                         (including transfer of funds)

        For administrative expenses to carry out the credit program of
    title I, Food for Peace Act (Public Law 83-480) and the Food for
    Progress Act of 1985, $112,000, shall be transferred to and merged with
    the appropriation for ``Farm Production and Conservation Business
    Center, Salaries and Expenses''.

                         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

        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), $230,000,000, 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 $23,000,000, 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)).

     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,
    $6,381,000, 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, of which $6,063,000 shall
    be transferred to and merged with the appropriation for ``Foreign
    Agricultural Service, Salaries and Expenses'', and of which $318,000
    shall be transferred to and merged with the appropriation for ``Farm
    Production and Conservation Business Center, Salaries and Expenses''.

                                    TITLE VI

                RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                    Department of Health and Human Services

                          food and drug administration

                             salaries and expenses

                         (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;
    $5,876,025,000:  Provided, That of the amount provided under this
    heading, $1,107,199,000 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; $236,059,000 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;
    $520,208,000 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; $42,494,000 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; $33,340,000 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; $22,797,000 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 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 2021 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 2021, including
    any such fees collected prior to fiscal year 2021 but credited for
    fiscal year 2021, shall be subject to the fiscal year 2021 limitations:
     Provided further, That the Secretary may accept payment during fiscal
    year 2021 of user fees specified under this heading and authorized for
    fiscal year 2022, prior to the due date for such fees, and that amounts
    of such fees assessed for fiscal year 2022 for which the Secretary
    accepts payment in fiscal year 2021 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) $1,099,160,000 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) $1,996,126,000 shall be for the
    Center for Drug Evaluation and Research and related field activities in
    the Office of Regulatory Affairs; (3) $437,071,000 shall be for the
    Center for Biologics Evaluation and Research and for related field
    activities in the Office of Regulatory Affairs; (4) $244,350,000 shall
    be for the Center for Veterinary Medicine and for related field
    activities in the Office of Regulatory Affairs; (5) $609,121,000 shall
    be for the Center for Devices and Radiological Health and for related
    field activities in the Office of Regulatory Affairs; (6) $66,712,000
    shall be for the National Center for Toxicological Research; (7)
    $681,513,000 shall be for the Center for Tobacco Products and for
    related field activities in the Office of Regulatory Affairs; (8)
    $188,707,000 shall be for Rent and Related activities, of which
    $52,944,000 is for White Oak Consolidation, other than the amounts paid
    to the General Services Administration for rent; (9) $235,112,000 shall
    be for payments to the General Services Administration for rent; and
    (10) $318,153,000 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 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:  Provided further, That of the
    amounts that are made available under this heading for ``other
    activities'', and 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.

                            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

                         (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'', $70,000,000, 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.

                               INDEPENDENT AGENCY

                           Farm Credit Administration

                     limitation on administrative expenses

        Not to exceed $80,400,000 (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.

                                   TITLE VII

                               GENERAL PROVISIONS

                 (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 2021 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 plant and capital equipment necessary for the delivery
    of financial, administrative, and information technology services 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 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 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, 2022, 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, 2022, 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 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 $1,359,864,000 (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-- $36,746,000:
    Provided, That of the total funds made available in the matter
    preceding this proviso that remain unobligated on October 1, 2021, such
    unobligated balances shall carryover into fiscal year 2022 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 2022 appropriations Act.
        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 or the Secretary of
            Health and Human Services (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 or the Secretary of
            Health and Human Services (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 or the Secretary of Health and
    Human Services 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 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 or the Secretary of
    Health and Human Services 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, 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, 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, and the Chairman of the Farm Credit
    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), $1,250,000,000 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 plant and
    capital equipment 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 de fined 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 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 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. 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.  There is hereby appropriated $11,000,000, 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 Secretary may allow eligible entities, or comparable entities
    that provide energy efficiency services using their own billing
    mechanism to offer loans to customers in any part of their service
    territory and to offer loans to replace a manufactured housing unit
    with another manufactured housing unit, if replacement would be more
    cost effective in saving energy.
        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 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 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 in section 730 and in 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 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 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.  In addition to any other funds made available in this
    Act or any other Act, there is appropriated $12,000,000 to carry out
    section 18(g)(8) of the Richard B. Russell National School Lunch Act
    (42 U.S.C. 1769(g)), to remain available until expended:  Provided,
    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 2021
    shall not exceed $500,000.
        Sec. 738.  There is hereby appropriated $5,000,000, to remain
    available until September 30, 2022, for the cost of loans and grants
    that is consistent with 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.
        Sec. 739.  For an additional amount for ``Animal and Plant Health
    Inspection Service--Salaries and Expenses'', $8,500,000, to remain
    available until September 30, 2022, for one-time control and management
    and associated activities directly related to the multiple-agency
    response to citrus greening.
        Sec. 740.  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. 741.  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. 742.  There is hereby appropriated $5,000,000, to remain
    available until September 30, 2022, 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. 743.  For school years 2020-2021 and 2021-2022, 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. 744.  None of the funds made available by this Act or any
    other Act may be used--
                (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 subsection 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. 745.  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, 2021, 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.
        Sec. 746.  There is hereby appropriated $2,500,000, to remain
    available until expended, for grants under section 12502 of Public Law
    115-334.
        Sec. 747.  There is hereby appropriated $2,000,000 to carry out
    section 1621 of Public Law 110-246.
        Sec. 748.  There is hereby appropriated $3,000,000, to remain
    available until September 30, 2022, to carry out section 4003(b) of
    Public Law 115-334 relating to demonstration projects for Tribal
    Organizations.
        Sec. 749.  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. 750.  The Secretary shall set aside for Rural Economic Area
    Partnership (REAP) Zones, until August 15, 2021, 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. 751.  There is hereby appropriated $1,000,000 to carry out
    section 3307 of Public Law 115-334.
        Sec. 752.  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. 753.  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. 754.  There is hereby appropriated $7,000,000 to carry out
    section 222 of Subtitle A of the Department of Agriculture
    Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section 12302
    of Public Law 115-334.
        Sec. 755.  There is hereby appropriated $1,000,000, to remain
    available until September 30, 2022, to carry out section 4208 of Public
    Law 115-334.
        Sec. 756.  There is hereby appropriated $5,000,000 to carry out
    section 12301 of Public Law 115-334.
        Sec. 757.  There is hereby appropriated $5,000,000 to carry out
    section 1450 of the National Agricultural Research, Extension, and
    Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120
    of Public Law 115-334.
        Sec. 758.  There is hereby appropriated $1,000,000 to carry out
    section 1671 of the Food, Agriculture, Conservation, and Trade Act of
    1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115-334.
        Sec. 759.  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. 760.  There is hereby appropriated $5,000,000 to remain
    available until September 30, 2022, to carry out section 4206 of Public
    Law 115-334.
        Sec. 761.  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. 762.  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) 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. 763.  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. 764.  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. 765.  There is hereby appropriated $1,000,000, for an
    additional amount for ``Department of Health and Human Services--Food
    and Drug Administration--Salaries and Expenses'' to remain available
    until expended and in addition to amounts otherwise made available for
    such purposes, for the development of research, education, and outreach
    partnerships with academic institutions to study and promote seafood
    safety.
        Sec. 766.  There is hereby appropriated $2,000,000, to remain
    available until September 30, 2022, for the National Institute of Food
    and Agriculture to issue a competitive grant to support the
    establishment of an Agriculture Business Innovation Center at a
    historically black college or university to serve as a technical
    assistance hub to enhance agriculture-based business development
    opportunities.
        Sec. 767.  For school year 2021-2022, only a school food authority
    that had a negative balance in the nonprofit school food service
    account as of December 31, 2020, 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. 768.  There is hereby appropriated $5,000,000 to remain
    available until September 30, 2022, to carry out section 6424 of Public
    Law 115-334.
        Sec. 769.  In addition to any funds made available in this Act or
    any other Act, there is hereby appropriated $10,000,000, to remain
    available until September 30, 2022, for grants from the National
    Institute of Food and Agriculture to the 1890 Institutions to support
    the Centers of Excellence.
        Sec. 770.  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 long-term
    operations and financial health by providing technical assistance
    through analysis of current hospital management practices.
        Sec. 771.  In addition to amounts otherwise made available by this
    or any other Act, there is hereby appropriated $5,000,000, to remain
    available until expended, to the Secretary for a pilot program to
    provide grants to a regional consortium to fund technical assistance
    and construction of regional wastewater systems for historically
    impoverished communities that have had difficulty in installing
    traditional wastewater treatment systems due to soil conditions.
        Sec. 772.  The Secretary of Agriculture shall--
                (1) within 180 days of enactment of this Act publish a
            notice of proposed rulemaking in the Federal Register seeking
            public comments on the effects of lifting the stay issued on
            July 31, 2013 (78 Fed. Reg. 46255) with consideration given to
            changes in industry and the implementation of certain
            rulemakings since the publication of the stay;
                (2) take public comments on the notice for not more than 60
            days; and
                (3) not later than 180 days after the end of the comment
            period, publish in the Federal Register the date upon which the
            stay is lifted if such action is justified based on the
            comments received.
        Sec. 773.  There is hereby appropriated $6,000,000, to remain
    available until September 30, 2022, 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.
        Sec. 774.  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. 775. (a) There is hereby appropriated $531,000,000, to remain
    available until expended, for an additional amount for section 779 of
    Public Law 115-141.
        (b) Section 313(b) of the Rural Electrification Act of 1936, as
    amended (7 U.S.C. 940c(b)), shall be applied for fiscal year 2021 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, and 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.'':  Provided, That
    any use of such funds shall be treated as a reprogramming of funds
    under section 716 of this Act.
        (c) Section 787(b) of division B of Public Law 116-94 shall no
    longer apply.
        Sec. 776.  There is hereby appropriated $500,000 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.
        Sec. 777.  There is hereby appropriated $400,000 to carry out
    section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade
    Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section 7209 of
    Public Law 115-334.
        Sec. 778.  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. 779.  For an additional amount for ``National Institute of
    Food and Agriculture--Research and Education Activities'', $500,000, 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. 780.  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. 781.  There is hereby appropriated $10,000,000, to remain
    available until expended, for the Secretary of Agriculture to carry out
    a pilot program to provide financial assistance for rural communities
    to further develop renewable energy.
        Sec. 782.  Section 7605(b) of the Agriculture Improvement Act of
    2018 (7 U.S.C. 5940 note; Public Law 115-334) is amended by striking
    ``September 30, 2021'' and inserting ``January 1, 2022''.
        Sec. 783.  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, 2020'' and
    inserting ``December 31, 2021''.
        Sec. 784.  Section 779 of Public Law 115-141 is amended by striking
    ``expansion efforts made'' and inserting ``service in a service area''
    in the fourth proviso, and by inserting ``, unless such service area is
    not provided sufficient access to broadband at the minimum service
    threshold'' after ``Rural Utilities Service'' in the fourth proviso.
        Sec. 785.  In addition to amounts otherwise provided, there is
    hereby appropriated $1,000,000, to 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)).
        Sec. 786.  The Secretary, acting through the Chief of the Natural
    Resources Conservation Service, may use funds appropriated under this
    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. 787. (a) The Secretary of Health and Human Services, acting
    through the Commissioner of Food and Drugs (Commissioner), shall
    develop and, if it determines feasible, implement a number of options
    for regulating the export of shrimp to the United States from other
    countries, including the three largest exporting countries by volume to
    the United States over the last three calendar years, such as sampling
    of products prior to export to the United States, increasing foreign
    inspections of export facilities, increased seafood importer
    inspections, foreign surveillance inspections at overseas manufacturing
    sites, enhanced import screening, higher rates of examination and
    sampling, use of third-party audits, and formal seafood arrangements
    with foreign competent authorities.
        (b) The Commissioner shall especially give priority consideration
    to the following with the funds appropriated--
                (1) that appropriate controls are applied to shrimp feed
            and production ponds, processing plants, and facilities
            throughout the chain of distribution to determine compliance
            with seafood safety requirements;
                (2) dedicate its inspectional effort to determine
            compliance with seafood arrangements, once established, from
            any dedicated funds;
                (3) provide an annual report to the Committee before the
            end of fiscal years 2021, 2022, and 2023 with the reporting
            requirement goal being to provide the Committee information
            related to FDA's oversight of the safety of shrimp products
            imported into the United States.
        Sec. 788.  There is hereby appropriated $1,000,000 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. 789.  None of the funds made available by this or any other
    act may be used to restrict the offering of low-fat (1% fat) flavored
    milk in the National School Lunch Program or School Breakfast Program,
    as long as such milk is not inconsistent with the most recent Dietary
    Guidelines for Americans published under section 301 of the National
    Nutrition Monitoring and Related Research Act of 1990.
        Sec. 790.  The Commissioner of the Food and Drug Administration
    shall develop a plan within 180 days of enactment that would allow the
    Agency to identify, detain and refuse all FDA regulated products
    originating from foreign establishments that did not allow FDA
    investigators immediate physical access to the registered establishment
    and its records to determine a registered establishment's ongoing
    compliance with FDA laws and regulations. Any foreign establishment
    that meets these criteria may be placed on import alert. This import
    alert would be specific for this foreign establishment, focusing on
    detaining all products from this establishment.
        Sec. 791.  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 by section 775 may be
    used for this purpose.
        Sec. 792.  There is hereby appropriated $45,861,000 for the
    Goodfellow Federal facility, to remain available until expended, of
    which $20,000,000 shall be transferred to and merged with the
    appropriation for ``Office of the Chief Information Officer'',
    $16,046,000 shall be transferred to and merged with the appropriation
    for ``Food Safety and Inspection Service'', and of which $9,815,000
    shall be transferred to and merged with the appropriation for ``Rural
    Development, Salaries and Expenses''.
        Sec. 793.  Of the unobligated balances from prior year
    appropriations made available under the heading ``Distance Learning,
    Telemedicine, and Broadband Program'' for the cost of broadband loans,
    as authorized by section 601 of the Rural Electrification Act,
    $12,000,000 are hereby rescinded.
        Sec. 794.  Funds made available in the Consolidated Appropriations
    Act, 2016 (Public Law 114-113) for the ``Rural Community Facilities
    Program Account'' under section 306 of the Consolidated Farm and Rural
    Development Act, 7 U.S.C. 1926, for the principal amount of direct
    loans to eligible approved re-lenders are to remain available through
    fiscal year 2026 for the liquidation of valid obligations incurred in
    fiscal year 2016.
        Sec. 795.  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. 796.  Not later than 1 year after the date of enactment of
    this Act, the National Academy of Sciences, Engineering, and Medicine
    shall complete a review and provide a report to the Secretary of
    Agriculture, the Secretary of Health and Human Services, and the
    Congress, on the most recent edition of the dietary guidelines for
    Americans that includes the following:
                (1) A comparative analysis of the scientific methodologies,
            review protocols, and evaluation processes used to develop the
            most recently issued guidelines as compared to recommendations
            included in the National Academy of Sciences, Engineering, and
            Medicine September 2017 report entitled ``Redesigning the
            Process for Establishing the Dietary Guidelines for
            Americans''.
                (2) A comparative analysis of the scientific studies used
            to develop such guidelines to determine the dietary needs of
            Americans with diet-related metabolic diseases as compared to
            the most current and rigorous scientific studies on diet and
            diet-related metabolic diseases available.
                (3) An analysis of how full implementation of the
            recommendations described in paragraph (1) would have affected
            the most recently issued guidelines.
        Sec. 797. (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) Any remaining unobligated balances of funds made available for
    field crop and rangeland ecosystem pests under the heading ``Animal and
    Plant Health Inspection Service--Salaries and Expenses'', in the
    Consolidated Appropriations Act, 2019 (Public Law 116-6) and the
    Further Consolidated Appropriations Act, 2020 (Public Law 116-94), and
    specifically provided as funds for APHIS to partner with states in the
    control and eradication of the cogongrass weed in the conference report
    accompanying Public Law 116-6 and in the explanatory statement
    described in section 4 in the matter preceding division A of Public Law
    116-94, are hereby permanently rescinded, and an amount of additional
    new budget authority equivalent to the amount rescinded is hereby
    appropriated, to remain available until expended in addition to other
    funds as may be available for such purposes, for the same purposes and
    under the same conditions as the funds made available under subsection
    (a) of this section.
        (c) Not to exceed 2 percent of the funds provided under this
    section shall be available for necessary costs of grant administration.
        Sec. 798.  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 define a new architecture
    that can better integrate, coordinate, and assess economic impact of
    the collective work of these institutions.
        Sec. 799.  For an additional amount for ``National Institute of
    Food and Agriculture--Research and Education Activities'', $4,000,000,
    to remain available until September 30, 2022, 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. 799A.  There is hereby appropriated $22,000,000, to remain
    available until expended, to carry out section 12513 of Public Law 115-
    334:  Provided, That of the amounts made available, $20,000,000 shall
    be for established dairy business innovation initiatives and the
    Secretary shall take measures to ensure an equal distribution of funds
    between the three regional innovation initiatives.
        Sec. 799B.  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. 799C. (a) Any remaining unobligated balances of funds made
    available under the heading ``Department of Agriculture--Agricultural
    Programs--Processing, Research and Marketing--Office of the Secretary''
    in subsections (b) and (d) of section 791 of division B of the Further
    Consolidated Appropriations Act, 2020 Public Law 116-94 for block
    grants to eligible states and territories pursuant to the first proviso
    under the heading ``Department of Agriculture--Agricultural Programs--
    Processing, Research and Marketing--Office of the Secretary'' in the
    Additional Supplemental Appropriations for Disaster Relief Act of 2019
    Public Law 116-20, as amended by subsection (c) of section 791 of
    division B Public Law 116-94, may be made available for any of the
    other purposes and under the same authorities and conditions for those
    purposes as the funds made available under such heading in such Act,
    and for the purposes specified and under the same authorities and
    conditions as in the first, second, third, and fourth provisos of
    subsection (b) of section 791 of division B of Public Law 116-94:
    Provided, That this section shall not be effective before the award of
    the block grants that were announced prior to the date of enactment of
    this Act:  Provided further, That any block grant amounts that were
    announced prior to the date of enactment of this Act and are
    subsequently awarded shall not be returned to the Farm Service Agency
    until the date specified in the grant agreement.
        (b) Of the remaining unobligated balances of funds made available
    under the heading ``Department of Agriculture--Agricultural Programs--
    Processing, Research and Marketing--Office of the Secretary'' in the
    Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
    136), $1,000,000,000 shall be made available for the same purposes and
    under the same authorities and conditions as the funds made available
    under the heading ``Department of Agriculture--Agricultural Programs--
    Processing, Research and Marketing--Office of the Secretary'' in the
    Additional Supplemental Appropriations for Disaster Relief Act of 2019
    (Public Law 116-20), as of December 19, 2019, and for the purposes
    specified and under the same authorities and conditions as in the
    first, second, third, and fourth provisos of subsection (b) of section
    791 of division B of Public Law 116-94.
        (c) The 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 that section of that Act.
        Sec. 799D.  For necessary expenses for salary and related costs
    associated with Agriculture Quarantine and Inspection Services
    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, $635,000,000, to
    remain available until September 30, 2022, 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)):  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.
        This division may be cited as the ``Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Appropriations Act,
    2021''.

         DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2021

                                    TITLE I

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                         operations and administration

        For necessary expenses for international trade activities of the
    Department of Commerce provided for by law, to carry out activities
    associated with facilitating, attracting, and retaining business
    investment in the United States, and for engaging in trade promotional
    activities abroad, including expenses of grants and cooperative
    agreements for the purpose of promoting exports of United States firms,
    without regard to sections 3702 and 3703 of title 44, United States
    Code; full medical coverage for dependent members of immediate families
    of employees stationed overseas and employees temporarily posted
    overseas; travel and transportation of employees of the International
    Trade Administration between two points abroad, without regard to
    section 40118 of title 49, United States Code; employment of citizens
    of the United States and aliens by contract for services; rental of
    space abroad for periods not exceeding 10 years, and expenses of
    alteration, repair, or improvement; purchase or construction of
    temporary demountable exhibition structures for use abroad; payment of
    tort claims, in the manner authorized in the first paragraph of section
    2672 of title 28, United States Code, when such claims arise in foreign
    countries; not to exceed $294,300 for official representation expenses
    abroad; purchase of passenger motor vehicles for official use abroad,
    not to exceed $45,000 per vehicle; obtaining insurance on official
    motor vehicles; and rental of tie lines, $541,000,000, of which
    $70,000,000 shall remain available until September 30, 2022:  Provided,
    That $11,000,000 is to be derived from fees to be retained and used by
    the International Trade Administration, notwithstanding section 3302 of
    title 31, United States Code:  Provided further, That, of amounts
    provided under this heading, not less than $16,400,000 shall be for
    China antidumping and countervailing duty enforcement and compliance
    activities:  Provided further, That the provisions of the first
    sentence of section 105(f) and all of section 108(c) of the Mutual
    Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
    2458(c)) shall apply in carrying out these activities; and that for the
    purpose of this Act, contributions under the provisions of the Mutual
    Educational and Cultural Exchange Act of 1961 shall include payment for
    assessments for services provided as part of these activities.

                        Bureau of Industry and Security

                         operations and administration

        For necessary expenses for export administration and national
    security activities of the Department of Commerce, including costs
    associated with the performance of export administration field
    activities both domestically and abroad; full medical coverage for
    dependent members of immediate families of employees stationed
    overseas; employment of citizens of the United States and aliens by
    contract for services abroad; payment of tort claims, in the manner
    authorized in the first paragraph of section 2672 of title 28, United
    States Code, when such claims arise in foreign countries; not to exceed
    $13,500 for official representation expenses abroad; awards of
    compensation to informers under the Export Control Reform Act of 2018
    (subtitle B of title XVII of the John S. McCain National Defense
    Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat.
    2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the
    Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of
    passenger motor vehicles for official use and motor vehicles for law
    enforcement use with special requirement vehicles eligible for purchase
    without regard to any price limitation otherwise established by law,
    $133,000,000, to remain available until expended:  Provided, That the
    provisions of the first sentence of section 105(f) and all of section
    108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
    U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
    activities:  Provided further, That payments and contributions
    collected and accepted for materials or services provided as part of
    such activities may be retained for use in covering the cost of such
    activities, and for providing information to the public with respect to
    the export administration and national security activities of the
    Department of Commerce and other export control programs of the United
    States and other governments.

                      Economic Development Administration

                    economic development assistance programs

        For grants for economic development assistance as provided by the
    Public Works and Economic Development Act of 1965, for trade adjustment
    assistance, and for grants authorized by sections 27 and 28 of the
    Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and
    3723), as amended, $305,500,000 to remain available until expended, of
    which $38,000,000 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, $40,500,000:  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

                         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, $48,000,000, of which not more than $16,000,000
    shall be available for overhead expenses, including salaries and
    expenses, rent, utilities, and information technology services.

                       Economic and Statistical Analysis

                             salaries and expenses

        For necessary expenses, as authorized by law, of economic and
    statistical analysis programs of the Department of Commerce,
    $111,855,000, to remain available until September 30, 2022.

                              Bureau of the Census

                          current surveys and programs

        For necessary expenses for collecting, compiling, analyzing,
    preparing, and publishing statistics, provided for by law,
    $288,403,000:  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, $818,241,000, to remain available until September
    30, 2022:  Provided, That, from amounts provided herein, funds may be
    used for promotion, outreach, and marketing activities:  Provided
    further, That within the amounts appropriated, $3,556,000 shall be
    transferred to the ``Office of Inspector General'' account for
    activities associated with carrying out investigations and audits
    related to the Bureau of the Census.

           National Telecommunications and Information Administration

                             salaries and expenses

        For necessary expenses, as provided for by law, of the National
    Telecommunications and Information Administration (NTIA), $45,500,000,
    to remain available until September 30, 2022:  Provided, That,
    notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
    charge Federal agencies for costs incurred in spectrum management,
    analysis, operations, and related services, and such fees shall be
    retained and used as offsetting collections for costs of such spectrum
    services, to remain available until expended:  Provided further, That
    the Secretary of Commerce is authorized to retain and use as offsetting
    collections all funds transferred, or previously transferred, from
    other Government agencies for all costs incurred in telecommunications
    research, engineering, and related activities by the Institute for
    Telecommunication Sciences of NTIA, in furtherance of its assigned
    functions under this paragraph, and such funds received from other
    Government agencies shall remain available until expended.

        public telecommunications facilities, planning and construction

        For the administration of prior-year grants, recoveries and
    unobligated balances of funds previously appropriated are available for
    the administration of all open grants until their expiration.

                   United States Patent and Trademark Office

                             salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the United States Patent and Trademark
    Office (USPTO) provided for by law, including defense of suits
    instituted against the Under Secretary of Commerce for Intellectual
    Property and Director of the USPTO, $3,695,295,000, 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 2021, so as to result in a fiscal year 2021
    appropriation from the general fund estimated at $0:  Provided further,
    That during fiscal year 2021, should the total amount of such
    offsetting collections be less than $3,695,295,000, this amount shall
    be reduced accordingly:  Provided further, That any amount received in
    excess of $3,695,295,000 in fiscal year 2021 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 2022 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 2021 or
    fiscal year 2022:  Provided further, That from amounts provided herein,
    not to exceed $13,500 shall be made available in fiscal year 2021 for
    official reception and representation expenses:  Provided further, That
    in fiscal year 2021 from the amounts made available for ``Salaries and
    Expenses'' for the USPTO, the amounts necessary to pay (1) the
    difference between the percentage of basic pay contributed by the USPTO
    and employees under section 8334(a) of title 5, United States Code, and
    the normal cost percentage (as defined by section 8331(17) of that
    title) as provided by the Office of Personnel Management (OPM) for
    USPTO's specific use, of basic pay, of employees subject to subchapter
    III of chapter 83 of that title, and (2) the present value of the
    otherwise unfunded accruing costs, as determined by OPM for USPTO's
    specific use of post-retirement life insurance and post-retirement
    health benefits coverage for all USPTO employees who are enrolled in
    Federal Employees Health Benefits (FEHB) and Federal Employees Group
    Life Insurance (FEGLI), shall be transferred to the Civil Service
    Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB
    Fund, as appropriate, and shall be available for the authorized
    purposes of those accounts:  Provided further, That any differences
    between the present value factors published in OPM's yearly 300 series
    benefit letters and the factors that OPM provides for USPTO's specific
    use shall be recognized as an imputed cost on USPTO's financial
    statements, where applicable:  Provided further, That, notwithstanding
    any other provision of law, all fees and surcharges assessed and
    collected by USPTO are available for USPTO only pursuant to section
    42(c) of title 35, United States Code, as amended by section 22 of the
    Leahy-Smith America Invents Act (Public Law 112-29):  Provided further,
    That within the amounts appropriated, $2,000,000 shall be transferred
    to the ``Office of Inspector General'' account for activities
    associated with carrying out investigations and audits related to the
    USPTO.

                 National Institute of Standards and Technology

                 scientific and technical research and services

                         (including transfer of funds)

        For necessary expenses of the National Institute of Standards and
    Technology (NIST), $788,000,000, to remain available until expended, of
    which not to exceed $9,000,000 may be transferred to the ``Working
    Capital Fund'':  Provided, That 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,
    $166,500,000, to remain available until expended, of which $150,000,000
    shall be for the Hollings Manufacturing Extension Partnership, and of
    which $16,500,000 shall be for the Manufacturing USA Program (formerly
    known as the National Network for Manufacturing Innovation).

                      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), $80,000,000, to remain available
    until expended:  Provided, That the Secretary of Commerce shall include
    in the budget justification materials for fiscal year 2022 that the
    Secretary submits to Congress in support of the Department of Commerce
    budget (as submitted with the budget of the President under section
    1105(a) of title 31, United States Code) an estimate for each National
    Institute of Standards and Technology construction project having a
    total multi-year program cost of more than $5,000,000, and
    simultaneously the budget justification materials shall include an
    estimate of the budgetary requirements for each such project for each
    of the 5 subsequent fiscal years.

                National Oceanic and Atmospheric Administration

                      operations, research, and facilities

                         (including transfer 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, $3,840,300,000, to remain available until
    September 30, 2022:  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,
    $246,171,000 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; Fisheries Management Programs
    and Services; and Interjurisdictional Fisheries Grants:  Provided
    further, That not to exceed $66,389,000 shall be for payment to the
    ``Department of Commerce Working Capital Fund'':  Provided further,
    That of the $4,103,971,000 provided for in direct obligations under
    this heading, $3,840,300,000 is appropriated from the general fund,
    $246,171,000 is provided by transfer, and $17,500,000 is derived 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 in addition, for necessary retired pay expenses
    under the Retired Serviceman's Family Protection and Survivor Benefits
    Plan, and for payments for the medical care of retired personnel and
    their dependents under the Dependents' Medical Care Act (10 U.S.C. ch.
    55), such sums as may be necessary.

                   procurement, acquisition and construction

                         (including transfer of funds)

        For procurement, acquisition and construction of capital assets,
    including alteration and modification costs, of the National Oceanic
    and Atmospheric Administration, $1,532,558,000, to remain available
    until September 30, 2023, 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 $1,545,558,000 provided for in direct obligations under this
    heading, $1,532,558,000 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 2022
    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, $2,000,000 shall be transferred to the ``Office
    of Inspector General'' account for activities associated with carrying
    out investigations and audits related to satellite procurement,
    acquisition and construction.

                        pacific coastal salmon recovery

        For necessary expenses associated with the restoration of Pacific
    salmon populations, $65,000,000, to remain available until September
    30, 2022:  Provided, That, of the funds provided herein, the Secretary
    of Commerce may issue grants to the States of Washington, Oregon,
    Idaho, Nevada, California, and Alaska, and to the federally recognized
    Tribes of the Columbia River and Pacific Coast (including Alaska), for
    projects necessary for conservation of salmon and steelhead populations
    that are listed as threatened or endangered, or that are identified by
    a State as at-risk to be so listed, for maintaining populations
    necessary for exercise of Tribal treaty fishing rights or native
    subsistence fishing, or for conservation of Pacific coastal salmon and
    steelhead habitat, based on guidelines to be developed by the Secretary
    of Commerce:  Provided further, That all funds shall be allocated based
    on scientific and other merit principles and shall not be available for
    marketing activities:  Provided further, That funds disbursed to States
    shall be subject to a matching requirement of funds or documented in-
    kind contributions of at least 33 percent of the Federal funds.

                          fishermen's contingency fund

        For carrying out the provisions of title IV of Public Law 95-372,
    not to exceed $349,000, to be derived from receipts collected pursuant
    to that Act, to remain available until expended.

                       fisheries finance program account

        Subject to section 502 of the Congressional Budget Act of 1974,
    during fiscal year 2021, 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, $73,000,000:  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 90 days in a fiscal year unless the individual's employing
    bureau or office is fully reimbursed for the salary and expenses of the
    employee for the entire period of assignment using funds provided under
    this heading.  Provided further, That amounts made available to the
    Department of Commerce in this or any prior Act may not be transferred
    pursuant to section 508 of this or any prior Act to the account funded
    under this heading, except in the case of extraordinary circumstances
    that threaten life or property.

                          renovation and modernization

        For necessary expenses for the renovation and modernization of the
    Herbert C. Hoover Building, $1,123,000.

                           nonrecurring expenses fund

        For necessary expenses for a business application system
    modernization, $20,000,000, to remain available until September 30,
    2023:  Provided, That any unobligated balances of expired discretionary
    funds transferred to the Department of Commerce Nonrecurring Expenses
    Fund, as authorized by section 111 of title I of division B of Public
    Law 116U93, 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.), $34,000,000:  Provided, That notwithstanding section 6413
    of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law
    112-96), an additional $2,000,000, to remain available until expended,
    shall be derived from the Public Safety Trust Fund for activities
    associated with carrying out investigations and audits related to the
    First Responder Network Authority (FirstNet).

                   General Provisions--Department of Commerce

                         (including transfer of funds)

        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 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 2021:  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 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, 2022, 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 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 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 for amounts made available under this Act under the
    heading ``Operations, Research, and Facilities'' under the heading
    ``National Oceanic and Atmospheric Administration''.
        Sec. 113.  Of unobligated balances of amounts provided to the
    Bureau of the Census under this or any prior appropriations Act, up to
    $208,000,000 may be transferred to the Bureau of the Census Working
    Capital Fund for information and business technology system
    modernization and facilities infrastructure improvements necessary for
    the operations of the Bureau:  Provided, That the amounts previously
    provided by the Congress for the 2020 Census remain available only for
    the period of time as provided when initially enacted:  Provided
    further, That this transfer authority is in addition to any other
    transfer authority in this Act:  Provided further, That no amounts may
    be transferred that were previously designated by the Congress for the
    2020 Census pursuant to section 251(b)(2)(G) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended:  Provided further,
    That such amounts may be obligated only after the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of the planned use of funds.
        This title may be cited as the ``Department of Commerce
    Appropriations Act, 2021''.

                                    TITLE II

                             DEPARTMENT OF JUSTICE

                             General Administration

                             salaries and expenses

        For expenses necessary for the administration of the Department of
    Justice, $119,000,000, of which not to exceed $4,000,000 for security
    and construction of Department of Justice facilities shall remain
    available until expended.

                     justice information sharing technology

                         (including transfer of funds)

        For necessary expenses for information sharing technology,
    including planning, development, deployment and departmental direction,
    $34,000,000, 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 immigration-
    related activities of the Executive Office for Immigration Review,
    $734,000,000, 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
    $22,500,000 shall be available for services and activities provided by
    the Legal Orientation Program:  Provided, That not to exceed
    $35,000,000 of the total amount made available under this heading shall
    remain available until expended.

                          Office of Inspector General

        For necessary expenses of the Office of Inspector General,
    $110,565,000, 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, 2022.

                        United States Parole Commission

                             salaries and expenses

        For necessary expenses of the United States Parole Commission as
    authorized, $13,539,000:  Provided, That, notwithstanding any other
    provision of law, upon the expiration of a term of office of a
    Commissioner, the Commissioner may continue to act until a successor
    has been appointed.

                                Legal Activities

                salaries and expenses, general legal activities

                         (including transfer of funds)

        For expenses necessary for the legal activities of the Department
    of Justice, not otherwise provided for, including not to exceed $20,000
    for expenses of collecting evidence, to be expended under the direction
    of, and to be accounted for solely under the certificate of, the
    Attorney General; the administration of pardon and clemency petitions;
    and rent of private or Government-owned space in the District of
    Columbia, $960,000,000, of which not to exceed $20,000,000 for
    litigation support contracts 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:  Provided
    further, That of the amount appropriated, not less than $195,754,000
    shall be available for the Criminal Division, including related
    expenses for the Mutual Legal Assistance Treaty Program.
        In addition, for expenses of the Department of Justice associated
    with processing cases under the National Childhood Vaccine Injury Act
    of 1986, not to exceed $17,000,000, to be appropriated from the Vaccine
    Injury Compensation Trust Fund and to remain available until expended.

                   salaries and expenses, antitrust division

        For expenses necessary for the enforcement of antitrust and kindred
    laws, $184,524,000, to remain available until expended:  Provided, That
    notwithstanding any other provision of law, fees collected for
    premerger notification filings under the Hart-Scott-Rodino Antitrust
    Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
    collection (and estimated to be $150,000,000 in fiscal year 2021),
    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 2021, so as to result in a final fiscal year 2021 appropriation
    from the general fund estimated at $34,524,000.

                 salaries and expenses, united states attorneys

        For necessary expenses of the Offices of the United States
    Attorneys, including inter-governmental and cooperative agreements,
    $2,342,177,000:  Provided, That of the total amount appropriated, not
    to exceed $7,200 shall be available for official reception and
    representation expenses:  Provided further, That not to exceed
    $25,000,000 shall remain available until expended:  Provided further,
    That each United States Attorney shall establish or participate in a
    task force on human trafficking.

                       united states trustee system fund

        For necessary expenses of the United States Trustee Program, as
    authorized, $232,361,000, to remain available until expended:
    Provided, That, notwithstanding any other provision of law, deposits to
    the United States Trustee System Fund and amounts herein appropriated
    shall be available in such amounts as may be necessary to pay refunds
    due depositors:  Provided further, That, notwithstanding any other
    provision of law, fees deposited into the Fund pursuant to section
    589a(b) of title 28, United States Code (as limited by section 1004(b)
    of the Bankruptcy Judgeship Act of 2017 (division B of Public Law 115-
    72)), shall be retained and used for necessary expenses in this
    appropriation and shall remain available until expended:  Provided
    further, That to the extent that fees deposited into the Fund in fiscal
    year 2021, net of amounts necessary to pay refunds due depositors,
    exceed $232,361,000, 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 2021, net of amounts necessary to pay refunds due
    depositors, (estimated at $318,000,000) and (2) to the extent that any
    remaining general fund appropriations can be derived from amounts
    deposited in the Fund in previous fiscal years that are not otherwise
    appropriated, so as to result in a final fiscal year 2021 appropriation
    from the general fund estimated at $0.

          salaries and expenses, foreign claims settlement commission

        For expenses necessary to carry out the activities of the Foreign
    Claims Settlement Commission, including services as authorized by
    section 3109 of title 5, United States Code, $2,366,000.

                         fees and expenses of witnesses

        For fees and expenses of witnesses, for expenses of contracts for
    the procurement and supervision of expert witnesses, for private
    counsel expenses, including advances, and for expenses of foreign
    counsel, $270,000,000, to remain available until expended, of which not
    to exceed $16,000,000 is for construction of buildings for protected
    witness safesites; not to exceed $3,000,000 is for the purchase and
    maintenance of armored and other vehicles for witness security
    caravans; and not to exceed $25,000,000 is for the purchase,
    installation, maintenance, and upgrade of secure telecommunications
    equipment and a secure automated information network to store and
    retrieve the identities and locations of protected witnesses:
    Provided, That amounts made available under this heading may not be
    transferred pursuant to section 205 of this Act.

               salaries and expenses, community relations service

                         (including transfer of funds)

        For necessary expenses of the Community Relations Service,
    $18,000,000:  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,
    $1,496,000,000, 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.

                                  construction

        For construction in space that is controlled, occupied, or utilized
    by the United States Marshals Service for prisoner holding and related
    support, $15,000,000, to remain available until expended.

                           federal prisoner detention

        For necessary expenses related to United States prisoners in the
    custody of the United States Marshals Service as authorized by section
    4013 of title 18, United States Code, $2,046,609,000, 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, $117,451,000, of which not to exceed $5,000,000 for
    information technology systems shall remain available until expended:
    Provided, That notwithstanding section 205 of this Act, upon a
    determination by the Attorney General that emergent circumstances
    require additional funding for the activities of the National Security
    Division, the Attorney General may transfer such amounts to this
    heading from available appropriations for the current fiscal year for
    the Department of Justice, as may be necessary to respond to such
    circumstances:  Provided further, That any transfer pursuant to the
    preceding proviso shall be treated as a reprogramming under section 505
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

                          Interagency Law Enforcement

                     interagency crime and drug enforcement

        For necessary expenses for the identification, investigation, and
    prosecution of individuals associated with the most significant drug
    trafficking organizations, transnational organized crime, and money
    laundering organizations not otherwise provided for, to include inter-
    governmental agreements with State and local law enforcement agencies
    engaged in the investigation and prosecution of individuals involved in
    transnational organized crime and drug trafficking, $550,458,000, of
    which $50,000,000 shall remain available until expended:  Provided,
    That any amounts obligated from appropriations under this heading may
    be used under authorities available to the organizations reimbursed
    from this appropriation.

                        Federal Bureau of Investigation

                             salaries and expenses

        For necessary expenses of the Federal Bureau of Investigation for
    detection, investigation, and prosecution of crimes against the United
    States, $9,748,686,000, of which not to exceed $216,900,000 shall
    remain available until expended:  Provided, That not to exceed $284,000
    shall be available for official reception and representation expenses.

                                  construction

        For necessary expenses, to include the cost of equipment,
    furniture, and information technology requirements, related to
    construction or acquisition of buildings, facilities, and sites by
    purchase, or as otherwise authorized by law; conversion, modification,
    and extension of federally owned buildings; preliminary planning and
    design of projects; and operation and maintenance of secure work
    environment facilities and secure networking capabilities;
    $566,100,000, 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, $2,336,263,000, 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.

                                  construction

        For necessary expenses, to include the cost of preliminary planning
    and design, equipment, furniture, and information technology
    requirements, related to the construction or acquisition of buildings,
    facilities, and sites by purchase, or as otherwise authorized by law,
    for the addition of a laboratory and warehouse to meet the demand of
    testing drugs, including fentanyl, $50,000,000, to remain available
    until expended.

              Bureau of Alcohol, Tobacco, Firearms and Explosives

                             salaries and expenses

        For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
    and Explosives, for training of State and local law enforcement
    agencies with or without reimbursement, including training in
    connection with the training and acquisition of canines for explosives
    and fire accelerants detection; and for provision of laboratory
    assistance to State and local law enforcement agencies, with or without
    reimbursement, $1,483,887,000, of which not to exceed $36,000 shall be
    for official reception and representation expenses, not to exceed
    $1,000,000 shall be available for the payment of attorneys' fees as
    provided by section 924(d)(2) of title 18, United States Code, and not
    to exceed $25,000,000 shall remain available until expended:  Provided,
    That none of the funds appropriated herein shall be available to
    investigate or act upon applications for relief from Federal firearms
    disabilities under section 925(c) of title 18, United States Code:
    Provided further, That such funds shall be available to investigate and
    act upon applications filed by corporations for relief from Federal
    firearms disabilities under section 925(c) of title 18, United States
    Code:  Provided further, That no funds made available by this or any
    other Act may be used to transfer the functions, missions, or
    activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
    to other agencies or Departments.

                             Federal Prison System

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses of the Federal Prison System for the
    administration, operation, and maintenance of Federal penal and
    correctional institutions, and for the provision of technical
    assistance and advice on corrections related issues to foreign
    governments, $7,708,375,000, of which 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, That the Attorney General may
    transfer to the Department of Health and Human Services such amounts as
    may be necessary for direct expenditures by that Department for medical
    relief for inmates of Federal penal and correctional institutions:
    Provided further, That the Director of the Federal Prison System, where
    necessary, may enter into contracts with a fiscal agent or fiscal
    intermediary claims processor to determine the amounts payable to
    persons who, on behalf of the Federal Prison System, furnish health
    services to individuals committed to the custody of the Federal Prison
    System:  Provided further, That not to exceed $5,400 shall be available
    for official reception and representation expenses:  Provided further,
    That not to exceed $50,000,000 shall remain available until expended
    for necessary operations:  Provided further, That, of the amounts
    provided for contract confinement, not to exceed $20,000,000 shall
    remain available until expended to make payments in advance for grants,
    contracts and reimbursable agreements, and other expenses:  Provided
    further, That the Director of the Federal Prison System may accept
    donated property and services relating to the operation of the prison
    card program from a not-for-profit entity which has operated such
    program in the past, notwithstanding the fact that such not-for-profit
    entity furnishes services under contracts to the Federal Prison System
    relating to the operation of pre-release services, halfway houses, or
    other custodial facilities.

                            buildings and facilities

        For planning, acquisition of sites, and construction of new
    facilities; purchase and acquisition of facilities and remodeling, and
    equipping of such facilities for penal and correctional use, including
    all necessary expenses incident thereto, by contract or force account;
    and constructing, remodeling, and equipping necessary buildings and
    facilities at existing penal and correctional institutions, including
    all necessary expenses incident thereto, by contract or force account,
    $127,000,000, to remain available until expended:  Provided, That labor
    of United States prisoners may be used for work performed under this
    appropriation.

                    federal prison industries, incorporated

        The Federal Prison Industries, Incorporated, is hereby authorized
    to make such expenditures within the limits of funds and borrowing
    authority available, and in accord with the law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 9104 of title 31, United States Code, as may be
    necessary in carrying out the program set forth in the budget for the
    current fiscal year for such corporation.

       limitation on administrative expenses, federal prison industries,
                                  incorporated

        Not to exceed $2,700,000 of the funds of the Federal Prison
    Industries, Incorporated, shall be available for its administrative
    expenses, and for services as authorized by section 3109 of title 5,
    United States Code, to be computed on an accrual basis to be determined
    in accordance with the corporation's current prescribed accounting
    system, and such amounts shall be exclusive of depreciation, payment of
    claims, and expenditures which such accounting system requires to be
    capitalized or charged to cost of commodities acquired or produced,
    including selling and shipping expenses, and expenses in connection
    with acquisition, construction, operation, maintenance, improvement,
    protection, or disposition of facilities and other property belonging
    to the corporation or in which it has an interest.

                   State and Local Law Enforcement Activities

                        Office on Violence Against Women

           violence against women prevention and prosecution programs

                         (including transfer of funds)

        For grants, contracts, cooperative agreements, and other assistance
    for the prevention and prosecution of violence against women, as
    authorized by the Omnibus Crime Control and Safe Streets Act of 1968
    (34 U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control
    and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
    Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
    (``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
    the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
    Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
    11101 et seq.) (``the 1974 Act''); the Victims of Trafficking and
    Violence Protection Act of 2000 (Public Law 106-386) (``the 2000
    Act''); the Violence Against Women and Department of Justice
    Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
    the Violence Against Women Reauthorization Act of 2013 (Public Law 113-
    4) (``the 2013 Act''); the Rape Survivor Child Custody 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,
    $513,500,000, to remain available until expended, of which $435,000,000
    shall be derived by transfer from amounts available for obligation in
    this Act from the Fund established by section 1402 of chapter XIV of
    title II of Public Law 98-473 (34 U.S.C. 20101), notwithstanding
    section 1402(d) of such Act of 1984, and merged with the amounts
    otherwise made available under this heading:  Provided, That except as
    otherwise provided by law, not to exceed 5 percent of funds made
    available under this heading may be used for expenses related to
    evaluation, training, and technical assistance:  Provided further, That
    any balances remaining available from prior year appropriations under
    this heading for tracking violence against Indian women, as authorized
    by section 905 of the 2005 Act, shall also be available to enhance the
    ability of Tribal Government entities to access, enter information
    into, and obtain information from, Federal criminal information
    databases, as authorized by section 534 of title 28, United States
    Code:  Provided further, That some or all of such balances may be
    transferred, at the discretion of the Attorney General, to ``General
    Administration, Justice Information Sharing Technology'' for the Tribal
    Access Program for national crime information in furtherance of this
    purpose:  Provided further, That the authority to transfer funds under
    the previous proviso shall be in addition to any other transfer
    authority contained in this Act:  Provided further, That of the amount
    provided--
                (1) $215,000,000 is for grants to combat violence against
            women, as authorized by part T of the 1968 Act;
                (2) $40,000,000 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) $12,000,000 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:
            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) $53,000,000 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;
                (6) $41,000,000 is for sexual assault victims assistance,
            as authorized by section 41601 of the 1994 Act;
                (7) $45,000,000 is for rural domestic violence and child
            abuse enforcement assistance grants, as authorized by section
            40295 of the 1994 Act;
                (8) $20,000,000 is for grants to reduce violent crimes
            against women on campus, as authorized by section 304 of the
            2005 Act;
                (9) $47,000,000 is for legal assistance for victims, as
            authorized by section 1201 of the 2000 Act;
                (10) $5,500,000 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) $18,000,000 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) $6,500,000 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) $4,000,000 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; and
                (17) $1,500,000 is for the purposes authorized under the
            2015 Act.

                           Office of Justice Programs

                      research, evaluation and statistics

        For grants, contracts, cooperative agreements, and other assistance
    authorized by title I of the Omnibus Crime Control and Safe Streets Act
    of 1968 (``the 1968 Act''); the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
    Juvenile Justice and Delinquency Prevention Act of 1974 (``the 1974
    Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
    seq.); the Prosecutorial Remedies and Other Tools to end the
    Exploitation of Children Today Act of 2003 (Public Law 108-21) (``the
    PROTECT Act''); the Justice for All Act of 2004 (Public Law 108-405);
    the Violence Against Women and Department of Justice Reauthorization
    Act of 2005 (Public Law 109-162) (``the 2005 Act''); the Victims of
    Child Abuse Act of 1990 (Public Law 101-647); the Second Chance Act of
    2007 (Public Law 110-199); the Victims of Crime Act of 1984 (Public Law
    98-473); the Adam Walsh Child Protection and Safety Act of 2006 (Public
    Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
    2008 (Public Law 110-401); subtitle C of title II of the Homeland
    Security Act of 2002 (Public Law 107-296) (``the 2002 Act''); the
    Prison Rape Elimination Act of 2003 (Public Law 108-79) (``PREA''); the
    NICS Improvement Amendments Act of 2007 (Public Law 110-180); the
    Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
    (``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
    2016 (Public Law 114-198); the First Step Act of 2018 (Public Law 115-
    391); and other programs, $82,000,000, to remain available until
    expended, of which--
                (1) $45,000,000 is for criminal justice statistics
            programs, and other activities, as authorized by part C of
            title I of the 1968 Act, of which $3,000,000 is for a data
            collection on law enforcement suicide; and
                (2) $37,000,000 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 $6,000,000 is for research
            targeted toward developing a better understanding of the
            domestic radicalization phenomenon, and advancing evidence-
            based strategies for effective intervention and prevention;
            $1,000,000 is for research to study the root causes of school
            violence to include the impact and effectiveness of grants made
            under the STOP School Violence Act; $1,500,000 is for a
            national study to identify improvements for law enforcement
            officials who respond to and investigate child pornography
            crimes; $4,000,000 is for the research, design, and testing of
            a scalable national model to reduce incarceration rates for
            minor probation and parole violations; and not less than
            $2,000,000 is for research, testing, and evaluation of the use
            of counter-unmanned aircraft systems in support of law
            enforcement operations.

                   state and local law enforcement assistance

                         (including transfer of funds)

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Violent Crime Control and Law Enforcement Act of 1994
    (Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
    Safe Streets Act of 1968 (Public Law 90-351) (``the 1968 Act''); the
    Justice for All Act of 2004 (Public Law 108-405); the Victims of Child
    Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the
    Trafficking Victims Protection Reauthorization Act of 2005 (Public Law
    109-164); the Violence Against Women and Department of Justice
    Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
    the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-
    248) (``the Adam Walsh Act''); the Victims of Trafficking and Violence
    Protection Act of 2000 (Public Law 106-386); the NICS Improvement
    Amendments Act of 2007 (Public Law 110-180); subtitle C of title II of
    the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
    Act''); the Prison Rape Elimination Act of 2003 (Public Law 108-79);
    the Second Chance Act of 2007 (Public Law 110-199); the Prioritizing
    Resources and Organization for Intellectual Property Act of 2008
    (Public Law 110-403); the Victims of Crime Act of 1984 (Public Law 98-
    473); the Mentally Ill Offender Treatment and Crime Reduction
    Reauthorization and Improvement Act of 2008 (Public Law 110-416); the
    Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
    (``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
    2016 (Public Law 114-198) (``CARA''); the Justice for All
    Reauthorization Act of 2016 (Public Law 114-324); Kevin and Avonte's
    Law (division Q of Public Law 115-141) (``Kevin and Avonte's Law'');
    the Keep Young Athletes Safe Act of 2018 (title III of division S of
    Public Law 115-141) (``the Keep Young Athletes Safe Act''); the STOP
    School Violence Act of 2018 (title V of division S of Public Law 115-
    141) (``the STOP School Violence Act''); the Fix NICS Act of 2018
    (title VI of division S of Public Law 115-141); the Project Safe
    Neighborhoods Grant Program Authorization Act of 2018 (Public Law 115-
    185); the SUPPORT for Patients and Communities Act (Public Law 115-
    271); the Second Chance Reauthorization Act of 2018 (Public Law 115-
    391); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention
    Act (Public Law 111-84); the Ashanti Alert Act of 2018 (Public Law 115-
    401); and other programs, $1,914,000,000, to remain available until
    expended as follows--
                (1) $484,000,000 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) $8,000,000 is for an initiative to support
                    evidence-based policing;
                        (C) $8,000,000 is for an initiative to enhance
                    prosecutorial decision-making;
                        (D) $2,400,000 is for the operation, maintenance,
                    and expansion of the National Missing and Unidentified
                    Persons System;
                        (E) $7,500,000 is for a grant program for State and
                    local law enforcement to provide officer training on
                    responding to individuals with mental illness or
                    disabilities;
                        (F) $2,000,000 is for a student loan repayment
                    assistance program pursuant to section 952 of Public
                    Law 110-315;
                        (G) $15,500,000 is for prison rape prevention and
                    prosecution grants to States and units of local
                    government, and other programs, as authorized by the
                    Prison Rape Elimination Act of 2003 (Public Law 108-
                    79);
                        (H) $3,000,000 is for a grant program authorized by
                    Kevin and Avonte's Law;
                        (I) $4,000,000 is for the establishment of a
                    national center on forensics at an accredited
                    university of higher education with affiliate medical
                    and law schools, in partnership with a co-located full-
                    service State department of forensic science with a
                    medical examiner function;
                        (J) $20,000,000 is for grants authorized under the
                    Project Safe Neighborhoods Grant Authorization Act of
                    2018 (Public Law 115-185);
                        (K) $7,000,000 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;
                        (L) $14,000,000 is for community-based violence
                    prevention initiatives;
                        (M) $3,000,000 is for a national center for
                    restorative justice;
                        (N) $1,000,000 is for the purposes of the Ashanti
                    Alert Network as authorized under the Ashanti Alert Act
                    of 2018 (Public Law 115-401);
                        (O) $3,500,000 is for a grant program to replicate
                    family-based alternative sentencing pilot programs;
                        (P) $1,000,000 is for a grant program to support
                    child advocacy training in post-secondary education;
                        (Q) $7,000,000 is for a rural violent crime
                    initiative, including assistance for law enforcement;
                        (R) $2,000,000 is for grants to States and units of
                    local government to deploy managed access systems to
                    combat contraband cell phone use in prison; and
                        (S) $2,000,000 is for grants for development of
                    child-friendly family visitation spaces in correctional
                    facilities;
                (2) $244,000,000 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) $85,000,000 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 economic, high technology, white
            collar, and Internet crime prevention grants, including as
            authorized by section 401 of Public Law 110-403, of which
            $2,500,000 is for competitive grants that help State and local
            law enforcement tackle intellectual property thefts, and
            $2,000,000 is for grants to develop databases on Internet of
            Things device capabilities and to build and execute training
            modules for law enforcement;
                (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 is
            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) $85,000,000 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;
                (9) $33,000,000 for Paul Coverdell Forensic Sciences
            Improvement Grants under part BB of title I of the 1968 Act;
                (10) $141,000,000 for DNA-related and forensic programs and
            activities, of which--
                        (A) $110,000,000 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) $19,000,000 for other local, State, and Federal
                    forensic activities;
                        (C) $8,000,000 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) $48,000,000 for a grant program for community-based
            sexual assault response reform;
                (12) $12,500,000 for the court-appointed special advocate
            program, as authorized by section 217 of the 1990 Act;
                (13) $46,000,000 for assistance to Indian Tribes;
                (14) $100,000,000 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 $6,000,000 is for a program to improve State, local,
            and Tribal probation or parole supervision efforts and
            strategies; $5,000,000 is for Children of Incarcerated Parents
            Demonstrations to enhance and maintain parental and family
            relationships for incarcerated parents as a reentry or
            recidivism reduction strategy; and $4,500,000 is for additional
            replication sites employing the Project HOPE Opportunity
            Probation with Enforcement model implementing swift and certain
            sanctions in probation, of which no less than $500,000 shall be
            used for a project that provides training, technical
            assistance, and best practices:  Provided, That up to
            $7,500,000 of funds made available in this paragraph may be
            used for performance-based awards for Pay for Success projects,
            of which up to $5,000,000 shall be for Pay for Success programs
            implementing the Permanent Supportive Housing Model;
                (15) $394,000,000 for comprehensive opioid abuse reduction
            activities, including as authorized by CARA, and for the
            following programs, which shall address opioid, stimulant, and
            substance abuse reduction consistent with underlying program
            authorities--
                        (A) $83,000,000 for Drug Courts, as authorized by
                    section 1001(a)(25)(A) of title I of the 1968 Act;
                        (B) $35,000,000 for mental health courts and adult
                    and juvenile collaboration program grants, as
                    authorized by parts V and HH of title I of the 1968
                    Act, and the Mentally Ill Offender Treatment and Crime
                    Reduction Reauthorization and Improvement Act of 2008
                    (Public Law 110-416);
                        (C) $34,000,000 for grants for Residential
                    Substance Abuse Treatment for State Prisoners, as
                    authorized by part S of title I of the 1968 Act;
                        (D) $25,000,000 for a veterans treatment courts
                    program;
                        (E) $32,000,000 for a program to monitor
                    prescription drugs and scheduled listed chemical
                    products; and
                        (F) $185,000,000 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) $79,000,000 for grants to be administered by the
            Bureau of Justice Assistance for purposes authorized under the
            STOP School Violence Act;
                (18) $2,000,000 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) $5,000,000 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); and
                (20) $90,000,000 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; $33,000,000 is for a
            justice reinvestment initiative, for activities related to
            criminal justice reform and recidivism reduction; and
            $22,000,000 is for an Edward Byrne Memorial criminal justice
            innovation program:
      Provided, That, if a unit of local government uses any of the funds
    made available under this heading to increase the number of law
    enforcement officers, the unit of local government will achieve a net
    gain in the number of law enforcement officers who perform non-
    administrative public sector safety service.

                           juvenile justice programs

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Juvenile Justice and Delinquency Prevention Act of
    1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
    of 1968 (``the 1968 Act''); the Violence Against Women and Department
    of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
    Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
    seq.); the Prosecutorial Remedies and Other Tools to end the
    Exploitation of Children Today Act of 2003 (Public Law 108-21); the
    Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
    Act''); the Adam Walsh Child Protection and Safety Act of 2006 (Public
    Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
    2008 (Public Law 110-401); the Violence Against Women Reauthorization
    Act of 2013 (Public Law 113-4) (``the 2013 Act''); the Justice for All
    Reauthorization Act of 2016 (Public Law 114-324); the Missing
    Children's Assistance Act of 2018 (Public Law 115-267); the Juvenile
    Justice Reform Act of 2018 (Public Law 115-385); and other juvenile
    justice programs, $346,000,000, to remain available until expended as
    follows--
                (1) $67,000,000 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) $100,000,000 for youth mentoring grants;
                (3) $49,000,000 for delinquency prevention, of which,
            pursuant to sections 261 and 262 of the 1974 Act--
                        (A) $2,000,000 shall be for grants to prevent
                    trafficking of girls;
                        (B) $10,000,000 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) $3,000,000 shall be for competitive grants
                    focusing on girls in the juvenile justice system;
                        (E) $10,000,000 shall be for an opioid-affected
                    youth initiative; and
                        (F) $8,000,000 shall be for an initiative relating
                    to children exposed to violence;
                (4) $30,000,000 for programs authorized by the Victims of
            Child Abuse Act of 1990;
                (5) $94,000,000 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) $3,500,000 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 $24,800,000 for payments
    authorized by section 1201(b) of such Act and for educational
    assistance authorized by section 1218 of such Act, to remain available
    until expended:  Provided, That notwithstanding section 205 of this
    Act, upon a determination by the Attorney General that emergent
    circumstances require additional funding for such disability and
    education payments, the Attorney General may transfer such amounts to
    ``Public Safety Officer Benefits'' from available appropriations for
    the Department of Justice as may be necessary to respond to such
    circumstances:  Provided further, That any transfer pursuant to the
    preceding proviso shall be treated as a reprogramming under section 505
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

                      Community Oriented Policing Services

                 community oriented policing services programs

                         (including transfer of funds)

        For activities authorized by the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
    and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
    Women and Department of Justice Reauthorization Act of 2005 (Public Law
    109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
    2017 (Public Law 115-37); the Law Enforcement Mental Health and
    Wellness Act (Public Law 115-113) (``the LEMHW Act''); the SUPPORT for
    Patients and Communities Act (Public Law 115-271); and the Supporting
    and Treating Officers In Crisis Act of 2019 (Public Law 116-32) (``the
    STOIC Act''), $386,000,000, 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) $237,000,000 is for grants under section 1701 of title
            I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring
            of additional career law enforcement officers under part Q of
            such title notwithstanding subsection (i) of such section:
            Provided, That, notwithstanding section 1704(c) of such title
            (34 U.S.C. 10384(c)), funding for hiring or rehiring a career
            law enforcement officer may not exceed $125,000 unless the
            Director of the Office of Community Oriented Policing Services
            grants a waiver from this limitation:  Provided further, That
            within the amounts appropriated under this paragraph,
            $29,500,000 is for improving Tribal law enforcement, including
            hiring, equipment, training, anti-methamphetamine activities,
            and anti-opioid activities:  Provided further, That of the
            amounts appropriated under this paragraph $40,000,000 is for
            regional information sharing activities, as authorized by part
            M of title I of the 1968 Act, which shall be transferred to and
            merged with ``Research, Evaluation, and Statistics'' for
            administration by the Office of Justice Programs:  Provided
            further, That within the amounts appropriated under this
            paragraph, no less than $3,000,000 is to support the Tribal
            Access Program:  Provided further, That within the amounts
            appropriated under this paragraph, $8,000,000 is for training,
            peer mentoring, mental health program activities, and other
            support services as authorized under the LEMHW Act and STOIC
            Act;
                (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); and
                (6) $35,000,000 is for community policing development
            activities in furtherance of section 1701 of title I of the
            1968 Act (34 U.S.C. 10381).

                   General Provisions--Department of Justice

                         (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.
        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 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, without regard to the authorizations for such grant
            or reimbursement programs.
        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 2018 through 2021 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 2021, 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
    2021, 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 2021, 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.  Section 1930(a)(6)(B) of title 28, United States Code,
    shall be applied for this fiscal year and next fiscal year by
    substituting `` $300,000,000'' for `` $200,000,000''.
        Sec. 219.  Section 527 of title 28, United States Code, is amended
    in the third sentence by inserting ``: (1)'' before ``the Department''
    and by inserting ``; and (2) federally recognized tribes for supplies,
    materials, and services related to access to Federal law enforcement
    databases;'' after ``and services''.
        Sec. 220.  Section 1825 of title 28, United States Code, is
    amended:
         (a) in subsections (a) and (b) by striking ``United States marshal
    for the district'' each place it appears and inserting ``Attorney
    General''; and
        (b) in subsection (c) by striking ``United States marshal'' and
    inserting ``Attorney General''.
        Sec. 221.  Section 151 of the Foreign Relations Authorization Act,
    Fiscal Years 1990 and 1991 (Public Law 101-246; 5 U.S.C. 5928 note), is
    amended--
                (1) by striking ``or'' after ``Drug Enforcement
            Administration'' and inserting ``, the''; and
                (2) by inserting ``, or the United States Marshals
            Service'' after ``Federal Bureau of Investigation''.
        Sec. 222.  There is hereby appropriated $5,000,000, to remain
    available until expended, for an additional amount for ``Department of
    Justice--General Administration'', for expenses associated with the
    development and operation of a database concerning substantiated
    instances of excessive use of force related to law enforcement matters
    and officer misconduct, as described by, and subject to the
    requirements of, section 3 of Executive Order 13929 (June 16, 2020), as
    such Executive Order was in effect on the date of the enactment of this
    Act:  Provided, That the Attorney General may transfer the funds
    provided in this section to other appropriations accounts in the
    Department of Justice to use for expenses associated with the
    development and operation of such database:  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.
        This title may be cited as the ``Department of Justice
    Appropriations Act, 2021''.

                                   TITLE III

                                    SCIENCE

                    Office of Science and Technology Policy

        For necessary expenses of the Office of Science and Technology
    Policy, in carrying out the purposes of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
    6601 et seq.), hire of passenger motor vehicles, and services as
    authorized by section 3109 of title 5, United States Code, not to
    exceed $2,250 for official reception and representation expenses, and
    rental of conference rooms in the District of Columbia, $5,544,000.

                             National Space Council

        For necessary expenses of the National Space Council, in carrying
    out the purposes of title V of Public Law 100-685 and Executive Order
    No. 13803, hire of passenger motor vehicles, and services as authorized
    by section 3109 of title 5, United States Code, not to exceed $2,250
    for official reception and representation expenses, $1,965,000:
    Provided, That notwithstanding any other provision of law, the National
    Space Council may accept personnel support from Federal agencies,
    departments, and offices, and such Federal agencies, departments, and
    offices may detail staff without reimbursement to the National Space
    Council for purposes provided herein.

                 National Aeronautics and Space Administration

                                    science

        For necessary expenses, not otherwise provided for, in the conduct
    and support of science research and development activities, including
    research, development, operations, support, and services; maintenance
    and repair, facility planning and design; space flight, spacecraft
    control, and communications activities; program management; personnel
    and related costs, including uniforms or allowances therefor, as
    authorized by sections 5901 and 5902 of title 5, United States Code;
    travel expenses; purchase and hire of passenger motor vehicles; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $7,301,000,000, to remain available until
    September 30, 2022:  Provided, That, $2,000,000,000 shall be for Earth
    Science; $2,700,000,000 shall be for Planetary Science; $1,356,200,000
    shall be for Astrophysics; $414,700,000 shall be for the James Webb
    Space Telescope; $751,000,000 shall be for Heliophysics, and
    $79,100,000 shall be for Biological and Physical Science:  Provided
    further, That the National Aeronautics and Space Administration shall
    use the Space Launch System (SLS) for the Europa Clipper mission if the
    SLS is available and if torsional loading analysis has confirmed
    Clipper's appropriateness for SLS:  Provided further, That, if the
    conditions in the preceding proviso cannot be met, the Administrator
    shall conduct a full and open competition, that is not limited to the
    launch vehicles listed in the NLS-II contract of the Launch Services
    Program as of the date of the enactment of this Act, to select a
    commercial launch vehicle for Europa Clipper.

                                  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, $828,700,000, to remain available until
    September 30, 2022.

                                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, 2022:  Provided, That $227,000,000 shall be for RESTORE-
    L/SPace Infrastructure DExterous Robot:  Provided further, That
    $110,000,000 shall be for the development, production, and
    demonstration of a nuclear thermal propulsion system, of which
    $80,000,000 shall be for the design of a flight demonstration system:
    Provided further, That, not later than 180 days after the enactment of
    this Act, the National Aeronautics and Space Administration shall
    provide a plan for the design of a flight demonstration.

                                  exploration

        For necessary expenses, not otherwise provided for, in the conduct
    and support of exploration research and development activities,
    including research, development, operations, support, and services;
    maintenance and repair, facility planning and design; space flight,
    spacecraft control, and communications activities; program management;
    personnel and related costs, including uniforms or allowances therefor,
    as authorized by sections 5901 and 5902 of title 5, United States Code;
    travel expenses; purchase and hire of passenger motor vehicles; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $6,555,400,000, to remain available until
    September 30, 2022:  Provided, That not less than $1,406,700,000 shall
    be for the Orion Multi-Purpose Crew Vehicle:  Provided further, That
    not less than $2,585,900,000 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
    $400,000,000 shall be for SLS Block 1B development including the
    Exploration Upper Stage and associated systems including related
    facilitization, to support an SLS Block 1B mission available to launch
    in 2025 in addition to the planned Block 1 missions for Artemis 1
    through Artemis 3:  Provided further, That $590,000,000 shall be for
    Exploration Ground Systems and associated Block 1B activities,
    including $74,000,000 for a second mobile launch platform:  Provided
    further, That the National Aeronautics and Space Administration shall
    provide to the Committees on Appropriations of the House of
    Representatives and the Senate, concurrent with the annual budget
    submission, a 5-year budget profile for an integrated system that
    includes the SLS, the Orion Multi-Purpose Crew Vehicle, and associated
    ground systems that will ensure a crewed launch as early as possible,
    as well as a system-based funding profile for a sustained launch
    cadence that contemplates the use of an SLS Block 1B cargo variant and
    associated ground systems:  Provided further, That $1,972,800,000 shall
    be for exploration research and development.

                                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, $3,988,200,000, to remain available until September 30, 2022.

          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,
    $127,000,000, to remain available until September 30, 2022, of which
    $26,000,000 shall be for the Established Program to Stimulate
    Competitive Research and $51,000,000 shall be for the National Space
    Grant College and Fellowship Program.

                     safety, security and mission services

        For necessary expenses, not otherwise provided for, in the conduct
    and support of science, aeronautics, space technology, exploration,
    space operations and education research and development activities,
    including research, development, operations, support, and services;
    maintenance and repair, facility planning and design; space flight,
    spacecraft control, and communications activities; program management;
    personnel and related costs, including uniforms or allowances therefor,
    as authorized by sections 5901 and 5902 of title 5, United States Code;
    travel expenses; purchase and hire of passenger motor vehicles; not to
    exceed $63,000 for official reception and representation expenses; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $2,936,500,000, to remain available until
    September 30, 2022:  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.

           construction and environmental compliance and restoration

        For necessary expenses for construction of facilities including
    repair, rehabilitation, revitalization, and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and restoration, and acquisition or
    condemnation of real property, as authorized by law, and environmental
    compliance and restoration, $390,278,000, to remain available until
    September 30, 2026:  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 2021 in an amount not to
    exceed $18,700,000:  Provided further, That each annual budget request
    shall include an annual estimate of gross receipts and collections and
    proposed use of all funds collected pursuant to section 20145 of title
    51, United States Code.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $44,200,000, of which
    $500,000 shall remain available until September 30, 2022.

                           administrative provisions

                         (including transfers of funds)

        Funds for any announced prize otherwise authorized shall remain
    available, without fiscal year limitation, until a prize is claimed or
    the offer is withdrawn.
        Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the National Aeronautics and Space
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 10 percent by
    any such transfers. Any funds transferred to ``Construction and
    Environmental Compliance and Restoration'' for construction activities
    shall not increase that account by more than 20 percent. Balances so
    transferred shall be merged with and available for the same purposes
    and the same time period as the appropriations to which transferred.
    Any transfer pursuant to this provision shall be treated as a
    reprogramming of funds under section 505 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section.
        Not to exceed 5 percent of any appropriation provided for the
    National Aeronautics and Space Administration under previous
    appropriations Acts that remains available for obligation or
    expenditure in fiscal year 2021 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 40 percent of the amounts made available in this Act
    for the Gateway; Advanced Cislunar and Surface Capabilities; Commercial
    LEO Development; Human Landing System; and Lunar Discovery and
    Exploration, excluding the Lunar Reconnaissance Orbiter, may be
    obligated until the Administrator submits a multi-year plan to the
    Committees on Appropriations of the House of Representatives and the
    Senate that identifies estimated dates, by fiscal year, for Space
    Launch System flights to build the Gateway; the commencement of
    partnerships with commercial entities for additional LEO missions to
    land humans and rovers on the Moon; and conducting additional
    scientific activities on the Moon. The multi-year plan shall include
    key milestones to be met by fiscal year to achieve goals for each of
    the lunar programs described in the previous sentence and funding
    required by fiscal year to achieve such milestones, as well as funding
    provided in fiscal year 2021 and previous years.
        Of the amounts provided for Exploration Systems Development,
    $25,000,000 shall be transferred to Construction and Environmental
    Compliance and Restoration (CECR) for Exploration Construction of
    Facilities 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 second paragraph under this
    heading.
        Not more than 20 percent or $50,000,000, whichever is less, of the
    amounts made available in the current-year CECR appropriation may be
    applied to CECR projects funded under previous years' CECR
    appropriation Acts. Use of current-year funds under this provision
    shall be treated as a reprogramming of funds under section 505 of this
    act and shall not be available for obligation except in compliance with
    the procedures set forth in that section.

                          National Science Foundation

                        research and related activities

        For necessary expenses in carrying out the National Science
    Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
    (42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
    title 5, United States Code; maintenance and operation of aircraft and
    purchase of flight services for research support; acquisition of
    aircraft; and authorized travel; $6,909,769,000, to remain available
    until September 30, 2022, 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, $241,000,000, 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, $968,000,000, to remain available until
    September 30, 2022.

                     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; $345,640,000:  Provided, That not to exceed $8,280 is
    for official reception and representation expenses:  Provided further,
    That contracts may be entered into under this heading in fiscal year
    2021 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.),
    $4,500,000:  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, $17,850,000, of which
    $400,000 shall remain available until September 30, 2022.

                           administrative provisions

                         (including transfer of funds)

        Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the National Science Foundation in this Act may
    be transferred between such appropriations, but no such appropriation
    shall be increased by more than 10 percent by any such transfers. Any
    transfer pursuant to this paragraph shall be treated as a reprogramming
    of funds under section 505 of this Act and shall not be available for
    obligation except in compliance with the procedures set forth in that
    section.
        The Director of the National Science Foundation (NSF) shall notify
    the Committees on Appropriations of the House of Representatives and
    the Senate at least 30 days in advance of any planned divestment
    through transfer, decommissioning, termination, or deconstruction of
    any NSF-owned facilities or any NSF capital assets (including land,
    structures, and equipment) valued greater than $2,500,000.
        This title may be cited as the ``Science Appropriations Act,
    2021''.

                                    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, $12,500,000:  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, $500,000 shall be used to separately fund the
    Commission on the Social Status of Black Men and Boys.

                    Equal Employment Opportunity Commission

                             salaries and expenses

        For necessary expenses of the Equal Employment Opportunity
    Commission as authorized by title VII of the Civil Rights Act of 1964,
    the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
    1963, the Americans with Disabilities Act of 1990, section 501 of the
    Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
    Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
    the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
    Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
    as authorized by section 3109 of title 5, United States Code; hire of
    passenger motor vehicles as authorized by section 1343(b) of title 31,
    United States Code; nonmonetary awards to private citizens; and up to
    $31,500,000 for payments to State and local enforcement agencies for
    authorized services to the Commission, $404,490,000:  Provided, That
    the Commission is authorized to make available for official reception
    and representation expenses not to exceed $2,250 from available funds:
    Provided further, That the Commission may take no action to implement
    any workforce repositioning, restructuring, or reorganization until
    such time as the Committees on Appropriations of the House of
    Representatives and the Senate have been notified of such proposals, in
    accordance with the reprogramming requirements of section 505 of this
    Act:  Provided further, That the Chair may accept and use any gift or
    donation to carry out the work of the Commission.

                         International Trade Commission

                             salaries and expenses

        For necessary expenses of the International Trade Commission,
    including hire of passenger motor vehicles and services as authorized
    by section 3109 of title 5, United States Code, and not to exceed
    $2,250 for official reception and representation expenses,
    $103,000,000, to remain available until expended.

                           Legal Services Corporation

                   payment to the legal services corporation

        For payment to the Legal Services Corporation to carry out the
    purposes of the Legal Services Corporation Act of 1974, $465,000,000,
    of which $425,500,000 is for basic field programs and required
    independent audits; $5,500,000 is for the Office of Inspector General,
    of which such amounts as may be necessary may be used to conduct
    additional audits of recipients; $23,000,000 is for management and
    grants oversight; $4,250,000 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 2020 and 2021, respectively.

                            Marine Mammal Commission

                             salaries and expenses

        For necessary expenses of the Marine Mammal Commission as
    authorized by title II of the Marine Mammal Protection Act of 1972 (16
    U.S.C. 1361 et seq.), $3,769,000.

                Office of the United States Trade Representative

                             salaries and expenses

        For necessary expenses of the Office of the United States Trade
    Representative, including the hire of passenger motor vehicles and the
    employment of experts and consultants as authorized by section 3109 of
    title 5, United States Code, $55,000,000, 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.) $7,000,000, of which $500,000 shall remain available until
    September 30, 2022:  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.

                                    TITLE V

                               GENERAL PROVISIONS

                            (including rescissions)

                         (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.
        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
    2021, 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 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 $2,015,000,000 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.
        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 cyber-
            espionage or sabotage associated with the acquisition of such
            system, including any risk associated with such system being
            produced, manufactured, or assembled by one or more entities
            identified by the United States Government as posing a cyber
            threat, including but not limited to, those that may be owned,
            directed, or subsidized by the People's Republic of China, the
            Islamic Republic of Iran, the Democratic People's Republic of
            Korea, or the Russian Federation.
        (b) None of the funds appropriated or otherwise made available
    under this Act may be used to acquire a high-impact or moderate-impact
    information system reviewed and assessed under subsection (a) unless
    the head of the assessing entity described in subsection (a) has--
                (1) developed, in consultation with NIST, the FBI, and
            supply chain risk management experts, a mitigation strategy for
            any identified risks;
                (2) determined, in consultation with NIST and the FBI, that
            the acquisition of such system is in the national interest of
            the United States; and
                (3) reported that determination to the Committees on
            Appropriations of the House of Representatives and the Senate
            and the agency Inspector General.
        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 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 2021 until the enactment of the Intelligence
    Authorization Act for fiscal year 2021.
        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)

        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,
    2021, from the following accounts in the specified amounts--
                (1) ``Economic Development Administration, Economic
            Development Assistance Programs'', $10,000,000; and
                (2) ``National Oceanic and Atmospheric Administration,
            Fisheries Enforcement Asset Forfeiture Fund'', $5,000,000.
        (b) Of the unobligated balances available to the Department of
    Justice, the following funds are hereby permanently rescinded, not
    later than September 30, 2021, from the following accounts in the
    specified amounts--
                (1) ``Working Capital Fund'', $188,000,000;
                (2) ``Federal Bureau of Investigation, Salaries and
            Expenses'', $80,000,000 including from, but not limited to,
            fees collected to defray expenses for the automation of
            fingerprint identification and criminal justice information
            services and associated costs;
                (3) ``State and Local Law Enforcement Activities, Office of
            Justice Programs'', $127,000,000; and
                (4) ``State and Local Law Enforcement Activities, Community
            Oriented Policing Services'', $15,000,000.
        (c) The Departments of Commerce and Justice shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a report no later than September 1, 2021, specifying the amount
    of each rescission made pursuant to subsections (a) and (b).
        (d) The amounts rescinded in subsections (a) and (b) shall not be
    from amounts that were designated by the Congress as an emergency or
    disaster relief requirement pursuant to the concurrent resolution on
    the budget or the Balanced Budget and Emergency Deficit Control Act of
    1985.
        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 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, 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.  None of the funds provided in this Act shall be
    available for obligation for the James Webb Space Telescope (JWST)
    after December 31, 2021, if the individual identified under subsection
    (c)(2)(E) of section 30104 of title 51, United States Code, as
    responsible for JWST determines that the formulation and development
    costs (with development cost as defined under section 30104 of title
    51, United States Code) are likely to exceed $8,802,700,000, unless the
    program is modified so that the costs do not exceed $8,802,700,000.
        Sec. 534.  Of the amounts made available by this Act, not less than
    10 percent of each total amount provided, respectively, for Public
    Works grants authorized by the Public Works and Economic Development
    Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
    for assistance in persistent poverty counties:  Provided, That for
    purposes of this section, the term ``persistent poverty counties''
    means any county that has had 20 percent or more of its population
    living in poverty over the past 30 years, as measured by the 1990 and
    2000 decennial censuses and the most recent Small Area Income and
    Poverty Estimates, or any Territory or possession of the United States.
        Sec. 535.  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. 536. (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. 537. (a) Notwithstanding any other provision of law or treaty,
    none of the funds appropriated or otherwise made available under this
    Act or any other Act may be expended or obligated by a department,
    agency, or instrumentality of the United States to pay administrative
    expenses or to compensate an officer or employee of the United States
    in connection with requiring an export license for the export to Canada
    of components, parts, accessories or attachments for firearms listed in
    Category I, section 121.1 of title 22, Code of Federal Regulations
    (International Trafficking in Arms Regulations (ITAR), part 121, as it
    existed on April 1, 2005) with a total value not exceeding $500
    wholesale in any transaction, provided that the conditions of
    subsection (b) of this section are met by the exporting party for such
    articles.
        (b) The foregoing exemption from obtaining an export license--
                (1) does not exempt an exporter from filing any Shipper's
            Export Declaration or notification letter required by law, or
            from being otherwise eligible under the laws of the United
            States to possess, ship, transport, or export the articles
            enumerated in subsection (a); and
                (2) does not permit the export without a license of--
                        (A) fully automatic firearms and components and
                    parts for such firearms, other than for end use by the
                    Federal Government, or a Provincial or Municipal
                    Government of Canada;
                        (B) barrels, cylinders, receivers (frames) or
                    complete breech mechanisms for any firearm listed in
                    Category I, other than for end use by the Federal
                    Government, or a Provincial or Municipal Government of
                    Canada; or
                        (C) articles for export from Canada to another
                    foreign destination.
        (c) In accordance with this section, the District Directors of
    Customs and postmasters shall permit the permanent or temporary export
    without a license of any unclassified articles specified in subsection
    (a) to Canada for end use in Canada or return to the United States, or
    temporary import of Canadian-origin items from Canada for end use in
    the United States or return to Canada for a Canadian citizen.
        (d) The President may require export licenses under this section on
    a temporary basis if the President determines, upon publication first
    in the Federal Register, that the Government of Canada has implemented
    or maintained inadequate import controls for the articles specified in
    subsection (a), such that a significant diversion of such articles has
    and continues to take place for use in international terrorism or in
    the escalation of a conflict in another nation. The President shall
    terminate the requirements of a license when reasons for the temporary
    requirements have ceased.
        Sec. 538.  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. 539.  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.
        Sec. 540.  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. 541.  For an additional amount for ``United States Marshals
    Service, Federal Prisoner Detention'', $125,000,000, to remain
    available until expended, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, including for necessary
    expenses related to United States prisoners in the custody of the
    United States Marshals Service, to be used only as authorized by
    section 4013 of title 18, United States Code:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
        Sec. 542.  For an additional amount for ``Federal Bureau of
    Investigation, Salaries and Expenses'', $179,000,000, to remain
    available until September 30, 2022, to prevent, prepare for, and
    respond to coronavirus, domestically or internationally, including the
    impact of coronavirus on the work of the Department of Justice, to make
    necessary improvements to the National Instant Criminal Background
    Check System, and to offset the loss resulting from the coronavirus
    pandemic of fees collected pursuant to section 41104 of title 34,
    United States Code:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.
        Sec. 543.  For an additional amount for ``Federal Prison System,
    Salaries and Expenses'', $300,000,000, to remain available until
    September 30, 2022, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, including the impact of
    coronavirus on the work of the Department of Justice:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
        This division may be cited as the ``Commerce, Justice, Science, and
    Related Agencies Appropriations Act, 2021''.

           DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021

                                    TITLE I

                               MILITARY PERSONNEL

                            Military Personnel, Army

        For pay, allowances, individual clothing, subsistence, interest on
    deposits, gratuities, permanent change of station travel (including all
    expenses thereof for organizational movements), and expenses of
    temporary duty travel between permanent duty stations, for members of
    the Army on active duty (except members of reserve components provided
    for elsewhere), cadets, and aviation cadets; for members of the Reserve
    Officers' Training Corps; and for payments pursuant to section 156 of
    Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
    Department of Defense Military Retirement Fund, $44,861,853,000.

                            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, $33,764,579,000.

                        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, $14,557,436,000.

                         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, $32,784,171,000.

                            Reserve Personnel, Army

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Army Reserve on active duty under
    sections 10211, 10302, and 7038 of title 10, United States Code, or
    while serving on active duty under section 12301(d) of title 10, United
    States Code, in connection with performing duty specified in section
    12310(a) of title 10, United States Code, or while undergoing reserve
    training, or while performing drills or equivalent duty or other duty,
    and expenses authorized by section 16131 of title 10, United States
    Code; and for payments to the Department of Defense Military Retirement
    Fund, $5,037,119,000.

                            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, $2,200,600,000.

                        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,
    $843,564,000.

                          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, $2,193,493,000.

                         National Guard Personnel, Army

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Army National Guard while on duty
    under sections 10211, 10302, or 12402 of title 10 or section 708 of
    title 32, United States Code, or while serving on duty under section
    12301(d) of title 10 or section 502(f) of title 32, United States Code,
    in connection with performing duty specified in section 12310(a) of
    title 10, United States Code, or while undergoing training, or while
    performing drills or equivalent duty or other duty, and expenses
    authorized by section 16131 of title 10, United States Code; and for
    payments to the Department of Defense Military Retirement Fund,
    $8,663,999,000.

                      National Guard Personnel, Air Force

        For pay, allowances, clothing, subsistence, gratuities, travel, and
    related expenses for personnel of the Air National Guard on duty under
    sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
    United States Code, or while serving on duty under section 12301(d) of
    title 10 or section 502(f) of title 32, United States Code, in
    connection with performing duty specified in section 12310(a) of title
    10, United States Code, or while undergoing training, or while
    performing drills or equivalent duty or other duty, and expenses
    authorized by section 16131 of title 10, United States Code; and for
    payments to the Department of Defense Military Retirement Fund,
    $4,530,091,000.

                                    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,
    $38,418,982,000:  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, $47,632,527,000:  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,
    $7,286,184,000.

                      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,
    $33,528,409,000:  Provided, That not to exceed $7,699,000 may be used
    for emergencies and extraordinary expenses, to be expended upon the
    approval or authority of the Secretary of the Air Force, and payments
    may be made upon his certificate of necessity for confidential military
    purposes.

                     Operation and Maintenance, Space Force

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of the Space Force, as authorized by law,
    $2,492,114,000.

                    Operation and Maintenance, Defense-Wide

                         (including transfer of funds)

        For expenses, not otherwise provided for, necessary for the
    operation and maintenance of activities and agencies of the Department
    of Defense (other than the military departments), as authorized by law,
    $39,048,990,000:  Provided, That not more than $3,000,000 may be used
    for the Combatant Commander Initiative Fund authorized under section
    166a of title 10, United States Code:  Provided further, That not to
    exceed $36,000,000 may be used for emergencies and extraordinary
    expenses, to be expended upon the approval or authority of the
    Secretary of Defense, and payments may be made upon his certificate of
    necessity for confidential military purposes:  Provided further, That
    of the funds provided under this heading, not less than $48,000,000
    shall be made available for the Procurement Technical Assistance
    Cooperative Agreement Program, of which not less than $4,500,000 shall
    be available for centers defined in 10 U.S.C. 2411(1)(D):  Provided
    further, That none of the funds appropriated or otherwise made
    available by this Act may be used to plan or implement the
    consolidation of a budget or appropriations liaison office of the
    Office of the Secretary of Defense, the office of the Secretary of a
    military department, or the service headquarters of one of the Armed
    Forces into a legislative affairs or legislative liaison office:
    Provided further, That $18,000,000, 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,
    $656,140,000, of which $434,630,000, to remain available until
    September 30, 2022, 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 further, That the
    Secretary of Defense shall, not less than 15 days prior to obligating
    funds made available in this section for International Security
    Cooperation Programs, notify the congressional defense committees in
    writing of the details of any such obligation:  Provided further, That
    the Secretary of Defense shall provide quarterly reports to the
    Committees on Appropriations of the House of Representatives and the
    Senate on the use and status of funds made available in this paragraph:
     Provided further, That the transfer authority provided under this
    heading is in addition to any other transfer authority provided
    elsewhere in this Act.

                    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, $2,887,898,000.

                    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, $1,115,150,000.

                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, $283,494,000.

                  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, $3,268,461,000.

                 Operation and Maintenance, Army National Guard

        For expenses of training, organizing, and administering the Army
    National Guard, including medical and hospital treatment and related
    expenses in non-Federal hospitals; maintenance, operation, and repairs
    to structures and facilities; hire of passenger motor vehicles;
    personnel services in the National Guard Bureau; travel expenses (other
    than mileage), as authorized by law for Army personnel on active duty,
    for Army National Guard division, regimental, and battalion commanders
    while inspecting units in compliance with National Guard Bureau
    regulations when specifically authorized by the Chief, National Guard
    Bureau; supplying and equipping the Army National Guard as authorized
    by law; and expenses of repair, modification, maintenance, and issue of
    supplies and equipment (including aircraft), $7,350,837,000.

                 Operation and Maintenance, Air National Guard

        For expenses of training, organizing, and administering the Air
    National Guard, including medical and hospital treatment and related
    expenses in non-Federal hospitals; maintenance, operation, and repairs
    to structures and facilities; transportation of things, hire of
    passenger motor vehicles; supplying and equipping the Air National
    Guard, as authorized by law; expenses for repair, modification,
    maintenance, and issue of supplies and equipment, including those
    furnished from stocks under the control of agencies of the Department
    of Defense; travel expenses (other than mileage) on the same basis as
    authorized by law for Air National Guard personnel on active Federal
    duty, for Air National Guard commanders while inspecting units in
    compliance with National Guard Bureau regulations when specifically
    authorized by the Chief, National Guard Bureau, $6,785,853,000.

              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, $15,211,000, of which not to exceed
    $5,000 may be used for official representation purposes.

                        Environmental Restoration, Army

                         (including transfer of funds)

        For the Department of the Army, $264,285,000, to remain available
    until transferred:  Provided, That the Secretary of the Army shall,
    upon determining that such funds are required for environmental
    restoration, reduction and recycling of hazardous waste, removal of
    unsafe buildings and debris of the Department of the Army, or for
    similar purposes, transfer the funds made available by this
    appropriation to other appropriations made available to the Department
    of the Army, to be merged with and to be available for the same
    purposes and for the same time period as the appropriations to which
    transferred:  Provided further, That upon a determination that all or
    part of the funds transferred from this appropriation are not necessary
    for the purposes provided herein, such amounts may be transferred back
    to this appropriation:  Provided further, That the transfer authority
    provided under this heading is in addition to any other transfer
    authority provided elsewhere in this Act.

                        Environmental Restoration, Navy

                         (including transfer of funds)

        For the Department of the Navy, $421,250,000, to remain available
    until transferred:  Provided, That the Secretary of the Navy shall,
    upon determining that such funds are required for environmental
    restoration, reduction and recycling of hazardous waste, removal of
    unsafe buildings and debris of the Department of the Navy, or for
    similar purposes, transfer the funds made available by this
    appropriation to other appropriations made available to the Department
    of the Navy, to be merged with and to be available for the same
    purposes and for the same time period as the appropriations to which
    transferred:  Provided further, That upon a determination that all or
    part of the funds transferred from this appropriation are not necessary
    for the purposes provided herein, such amounts may be transferred back
    to this appropriation:  Provided further, That the transfer authority
    provided under this heading is in addition to any other transfer
    authority provided elsewhere in this Act.

                      Environmental Restoration, Air Force

                         (including transfer of funds)

        For the Department of the Air Force, $509,250,000, to remain
    available until transferred:  Provided, That the Secretary of the Air
    Force shall, upon determining that such funds are required for
    environmental restoration, reduction and recycling of hazardous waste,
    removal of unsafe buildings and debris of the Department of the Air
    Force, or for similar purposes, transfer the funds made available by
    this appropriation to other appropriations made available to the
    Department of the Air Force, to be merged with and to be available for
    the same purposes and for the same time period as the appropriations to
    which transferred:  Provided further, That upon a determination that
    all or part of the funds transferred from this appropriation are not
    necessary for the purposes provided herein, such amounts may be
    transferred back to this appropriation:  Provided further, That the
    transfer authority provided under this heading is in addition to any
    other transfer authority provided elsewhere in this Act.

                    Environmental Restoration, Defense-Wide

                         (including transfer of funds)

        For the Department of Defense, $19,952,000, to remain available
    until transferred:  Provided, That the Secretary of Defense shall, upon
    determining that such funds are required for environmental restoration,
    reduction and recycling of hazardous waste, removal of unsafe buildings
    and debris of the Department of Defense, or for similar purposes,
    transfer the funds made available by this appropriation to other
    appropriations made available to the Department of Defense, to be
    merged with and to be available for the same purposes and for the same
    time period as the appropriations to which transferred:  Provided
    further, That upon a determination that all or part of the funds
    transferred from this appropriation are not necessary for the purposes
    provided herein, such amounts may be transferred back to this
    appropriation:  Provided further, That the transfer authority provided
    under this heading is in addition to any other transfer authority
    provided elsewhere in this Act.

             Environmental Restoration, Formerly Used Defense Sites

                         (including transfer of funds)

        For the Department of the Army, $288,750,000, to remain available
    until transferred:  Provided, That the Secretary of the Army shall,
    upon determining that such funds are required for environmental
    restoration, reduction and recycling of hazardous waste, removal of
    unsafe buildings and debris at sites formerly used by the Department of
    Defense, transfer the funds made available by this appropriation to
    other appropriations made available to the Department of the Army, to
    be merged with and to be available for the same purposes and for the
    same time period as the appropriations to which transferred:  Provided
    further, That upon a determination that all or part of the funds
    transferred from this appropriation are not necessary for the purposes
    provided herein, such amounts may be transferred back to this
    appropriation:  Provided further, That the transfer authority provided
    under this heading is in addition to any other transfer authority
    provided elsewhere in this Act.

                 Overseas Humanitarian, Disaster, and Civic Aid

        For expenses relating to the Overseas Humanitarian, Disaster, and
    Civic Aid programs of the Department of Defense (consisting of the
    programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
    title 10, United States Code), $147,500,000, to remain available until
    September 30, 2022:  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, $360,190,000, to remain
    available until September 30, 2023.

        Department of Defense Acquisition Workforce Development Account

        For the Department of Defense Acquisition Workforce Development
    Account, $88,181,000, to remain available for obligation until
    September 30, 2021:  Provided, That no other amounts may be otherwise
    credited or transferred to the Account, or deposited into the Account,
    in fiscal year 2021 pursuant to section 1705(d) of title 10, United
    States Code.

                                   TITLE III

                                  PROCUREMENT

                           Aircraft Procurement, Army

        For construction, procurement, production, modification, and
    modernization of aircraft, equipment, including ordnance, ground
    handling equipment, spare parts, and accessories therefor; specialized
    equipment and training devices; expansion of public and private plants,
    including the land necessary therefor, for the foregoing purposes, and
    such lands and interests therein, may be acquired, and construction
    prosecuted thereon prior to approval of title; and procurement and
    installation of equipment, appliances, and machine tools in public and
    private plants; reserve plant and Government and contractor-owned
    equipment layaway; and other expenses necessary for the foregoing
    purposes, $3,457,342,000, to remain available for obligation until
    September 30, 2023.

                           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, $3,220,541,000, to remain available for obligation until
    September 30, 2023.

            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,
    $3,611,887,000, to remain available for obligation until September 30,
    2023.

                        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, $2,790,140,000, to remain available for
    obligation until September 30, 2023.

                            Other Procurement, Army

        For construction, procurement, production, and modification of
    vehicles, including tactical, support, and non-tracked combat vehicles;
    the purchase of passenger motor vehicles for replacement only;
    communications and electronic equipment; other support equipment; spare
    parts, ordnance, and accessories therefor; specialized equipment and
    training devices; expansion of public and private plants, including the
    land necessary therefor, for the foregoing purposes, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon
    prior to approval of title; and procurement and installation of
    equipment, appliances, and machine tools in public and private plants;
    reserve plant and Government and contractor-owned equipment layaway;
    and other expenses necessary for the foregoing purposes,
    $8,603,112,000, to remain available for obligation until September 30,
    2023.

                           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, $19,480,280,000, to remain available for obligation
    until September 30, 2023.

                           Weapons Procurement, Navy

        For construction, procurement, production, modification, and
    modernization of missiles, torpedoes, other weapons, and related
    support equipment including spare parts, and accessories therefor;
    expansion of public and private plants, including the land necessary
    therefor, and such lands and interests therein, may be acquired, and
    construction prosecuted thereon prior to approval of title; and
    procurement and installation of equipment, appliances, and machine
    tools in public and private plants; reserve plant and Government and
    contractor-owned equipment layaway, $4,477,773,000, to remain available
    for obligation until September 30, 2023.

                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, $792,023,000, to remain available for
    obligation until September 30, 2023.

                       Shipbuilding and Conversion, Navy

        For expenses necessary for the construction, acquisition, or
    conversion of vessels as authorized by law, including armor and
    armament thereof, plant equipment, appliances, and machine tools and
    installation thereof in public and private plants; reserve plant and
    Government and contractor-owned equipment layaway; procurement of
    critical, long lead time components and designs for vessels to be
    constructed or converted in the future; and expansion of public and
    private plants, including land necessary therefor, and such lands and
    interests therein, may be acquired, and construction prosecuted thereon
    prior to approval of title, as follows:
                Columbia Class Submarine, $2,869,024,000;
                Columbia Class Submarine (AP), $1,253,175,000;
                Carrier Replacement Program (CVN-80), $958,933,000;
                Carrier Replacement Program (CVN-81), $1,606,432,000;
                Virginia Class Submarine, $4,603,213,000;
                Virginia Class Submarine (AP), $2,173,187,000;
                CVN Refueling Overhauls, $1,531,153,000;
                CVN Refueling Overhauls (AP), $17,384,000;
                DDG-1000 Program, $78,205,000;
                DDG-51 Destroyer, $3,219,843,000;
                DDG-51 Destroyer (AP), $159,297,000;
                FFG-Frigate, $1,053,123,000;
                LPD Flight II, $1,125,801,000;
                LPD 32 (AP), $1,000,000;
                LPD 33 (AP), $1,000,000;
                Expeditionary Sea Base (AP), $73,000,000;
                LHA Replacement, $500,000,000;
                Expeditionary Fast Transport, $260,000,000;
                TAO Fleet Oiler, $20,000,000;
                Towing, Salvage, and Rescue Ship, $157,790,000;
                LCU 1700, $87,395,000;
                Service Craft, $244,147,000;
                LCAC SLEP, $56,461,000;
                Auxiliary Vessels, $60,000,000;
                For outfitting, post delivery, conversions, and first
            destination transportation, $752,005,000; and
                Completion of Prior Year Shipbuilding Programs,
            $407,312,000.
        In all: $23,268,880,000, to remain available for obligation until
    September 30, 2025:  Provided, That additional obligations may be
    incurred after September 30, 2025, 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.

                            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, $10,512,209,000, to
    remain available for obligation until September 30, 2023:  Provided,
    That such funds are also available for the maintenance, repair, and
    modernization of Pacific Fleet 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, $2,648,375,000, to remain available for obligation
    until September 30, 2023.

                        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, $19,212,753,000, to remain available for
    obligation until September 30, 2023.

                         Missile Procurement, Air Force

        For construction, procurement, and modification of missiles,
    rockets, and related equipment, including spare parts and accessories
    therefor; ground handling equipment, and training devices; expansion of
    public and private plants, Government-owned equipment and installation
    thereof in such plants, erection of structures, and acquisition of
    land, for the foregoing purposes, and such lands and interests therein,
    may be acquired, and construction prosecuted thereon prior to approval
    of title; reserve plant and Government and contractor-owned equipment
    layaway; and other expenses necessary for the foregoing purposes
    including rents and transportation of things, $2,142,181,000, to remain
    available for obligation until September 30, 2023.

                      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, $550,844,000, to remain available for
    obligation until September 30, 2023.

                          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, $23,441,648,000, to remain
    available for obligation until September 30, 2023.

                            Procurement, Space Force

        For construction, procurement, and modification of spacecraft,
    rockets, and related equipment, including spare parts and accessories
    therefor; ground handling equipment, and training devices; expansion of
    public and private plants, Government-owned equipment and installation
    thereof in such plants, erection of structures, and acquisition of
    land, for the foregoing purposes, and such lands and interests therein,
    may be acquired, and construction prosecuted thereon prior to approval
    of title; reserve plant and Government and contractor-owned equipment
    layaway; and other expenses necessary for the foregoing purposes
    including rents and transportation of things, $2,310,994,000, to remain
    available for obligation until September 30, 2023.

                           Procurement, Defense-Wide

        For expenses of activities and agencies of the Department of
    Defense (other than the military departments) necessary for
    procurement, production, and modification of equipment, supplies,
    materials, and spare parts therefor, not otherwise provided for; the
    purchase of passenger motor vehicles for replacement only; expansion of
    public and private plants, equipment, and installation thereof in such
    plants, erection of structures, and acquisition of land for the
    foregoing purposes, and such lands and interests therein, may be
    acquired, and construction prosecuted thereon prior to approval of
    title; reserve plant and Government and contractor-owned equipment
    layaway, $5,837,347,000, to remain available for obligation until
    September 30, 2023.

                        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), $174,639,000, to remain available until
    expended:  Provided, That no less than $60,000,000 of the funds
    provided under this heading shall be obligated and expended by the
    Secretary of Defense in behalf of the Department of Defense as if
    delegated the necessary authorities conferred by the Defense Production
    Act of 1950.

                                    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,
    $13,969,032,000, to remain available for obligation until September 30,
    2022.

                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,
    $20,078,829,000, to remain available for obligation until September 30,
    2022:  Provided, That funds appropriated in this paragraph which are
    available for the V-22 may be used to meet unique operational
    requirements of the Special Operations Forces.

             Research, Development, Test and Evaluation, Air Force

        For expenses necessary for basic and applied scientific research,
    development, test and evaluation, including maintenance,
    rehabilitation, lease, and operation of facilities and equipment,
    $36,357,443,000, to remain available for obligation until September 30,
    2022.

            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,
    $10,540,069,000, to remain available until September 30, 2022.

            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, $25,932,671,000, to remain
    available for obligation until September 30, 2022.

                    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, $257,120,000, to remain available for obligation
    until September 30, 2022.

                                    TITLE V

                         REVOLVING AND MANAGEMENT FUNDS

                         Defense Working Capital Funds

        For the Defense Working Capital Funds, $1,473,910,000.

                                    TITLE VI

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

        For expenses, not otherwise provided for, for medical and health
    care programs of the Department of Defense as authorized by law,
    $33,684,607,000; of which $30,747,659,000 shall be for operation and
    maintenance, of which not to exceed one percent shall remain available
    for obligation until September 30, 2022, and of which up to
    $16,008,365,000 may be available for contracts entered into under the
    TRICARE program; of which $544,369,000, to remain available for
    obligation until September 30, 2023, shall be for procurement; and of
    which $2,392,579,000, to remain available for obligation until
    September 30, 2022, shall be for research, development, test and
    evaluation:  Provided, That, notwithstanding any other provision of
    law, of the amount made available under this heading for research,
    development, test and evaluation, not less than $8,000,000 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
    $1,489,000,000 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 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, $1,049,800,000, of which $106,691,000 shall
    be for operation and maintenance, of which no less than $51,009,000
    shall be for the Chemical Stockpile Emergency Preparedness Program,
    consisting of $22,235,000 for activities on military installations and
    $28,774,000, to remain available until September 30, 2022, to assist
    State and local governments; $616,000 shall be for procurement, to
    remain available until September 30, 2023, of which not less than
    $616,000 shall be for the Chemical Stockpile Emergency Preparedness
    Program to assist State and local governments; and $942,493,000, to
    remain available until September 30, 2022, shall be for research,
    development, test and evaluation, of which $935,999,000 shall only be
    for the Assembled Chemical Weapons Alternatives program.

             Drug Interdiction and Counter-drug Activities, Defense

                         (including transfer of funds)

        For drug interdiction and counter-drug activities of the Department
    of Defense, for transfer to appropriations available to the Department
    of Defense for military personnel of the reserve components serving
    under the provisions of title 10 and title 32, United States Code; for
    operation and maintenance; for procurement; and for research,
    development, test and evaluation, $914,429,000, of which $567,003,000
    shall be for counter-narcotics support; $127,704,000 shall be for the
    drug demand reduction program; $194,211,000 shall be for the National
    Guard counter-drug program; and $25,511,000 shall be for the National
    Guard counter-drug schools program:  Provided, That the funds
    appropriated under this heading shall be available for obligation for
    the same time period and for the same purpose as the appropriation to
    which transferred:  Provided further, That upon a determination that
    all or part of the funds transferred from this appropriation are not
    necessary for the purposes provided herein, such amounts may be
    transferred back to this appropriation:  Provided further, That the
    transfer authority provided under this heading is in addition to any
    other transfer authority contained elsewhere in this Act.

                        Office of the Inspector General

        For expenses and activities of the Office of the Inspector General
    in carrying out the provisions of the Inspector General Act of 1978, as
    amended, $375,439,000, of which $373,483,000 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 $858,000, to remain available for
    obligation until September 30, 2023, shall be for procurement; and of
    which $1,098,000, to remain available until September 30, 2022, shall
    be for research, development, test and evaluation.

                                   TITLE VII

                                RELATED AGENCIES

       Central Intelligence Agency Retirement and Disability System Fund

        For payment to the Central Intelligence Agency Retirement and
    Disability System Fund, to maintain the proper funding level for
    continuing the operation of the Central Intelligence Agency Retirement
    and Disability System, $514,000,000.

                   Intelligence Community Management Account

        For necessary expenses of the Intelligence Community Management
    Account, $633,719,000.

                                   TITLE VIII

                               GENERAL PROVISIONS

        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 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.

                              (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 $4,000,000,000 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,
    2021:  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
    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 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 2021:  Provided,
    That the report shall include--
                (1) a table for each appropriation with a separate column
            to display the President's budget request, adjustments made by
            Congress, adjustments due to enacted rescissions, if
            appropriate, and the fiscal year enacted level;
                (2) a delineation in the table for each appropriation both
            by budget activity and program, project, and activity as
            detailed in the Budget Appendix; and
                (3) an identification of items of special congressional
            interest.
        (b) Notwithstanding section 8005 of this Act, none of the funds
    provided in this Act shall be available for reprogramming or transfer
    until the report identified in subsection (a) is submitted to the
    congressional defense committees, unless the Secretary of Defense
    certifies in writing to the congressional defense committees that such
    reprogramming or transfer is necessary as an emergency requirement:
    Provided, That this subsection shall not apply to transfers from the
    following appropriations accounts:
                (1) ``Environmental Restoration, Army'';
                (2) ``Environmental Restoration, Navy'';
                (3) ``Environmental Restoration, Air Force'';
                (4) ``Environmental Restoration, Defense-Wide'';
                (5) ``Environmental Restoration, Formerly Used Defense
            Sites''; and
                (6) ``Drug Interdiction and Counter-drug Activities,
            Defense''.

                              (transfer of funds)

        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.
        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.
        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 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 solely on the
    basis of any constraint or limitation in terms of man years, end
    strength, full-time equivalent positions, or maximum number of
    employees, but are to be managed primarily on the basis of, and in a
    manner consistent with--
                (1) the total force management policies and procedures
            established under section 129a of title 10, United States Code;
                (2) the workload required to carry out the functions and
            activities of the Department; and
                (3) the funds made available to the Department for such
            fiscal year.
        (b) None of the funds appropriated by this Act may be used to
    reduce the civilian workforce programmed full time equivalent levels
    absent the appropriate analysis of the 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 2022 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 full-time student is credited toward
    completion of a service commitment:  Provided, That this section shall
    not apply to those members who have reenlisted with this option prior
    to October 1, 1987:  Provided further, That this section applies only
    to active components of the Army.

                              (transfer of funds)

        Sec. 8015. (a) Funds appropriated in title III of this Act for the
    Department of Defense Pilot Mentor-Protege Program may be transferred
    to any other appropriation contained in this Act solely for the purpose
    of implementing a Mentor-Protege Program developmental assistance
    agreement pursuant to section 831 of the National Defense Authorization
    Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
    amended, under the authority of this provision or any other transfer
    authority contained in this Act.
        (b) The Secretary of Defense shall include with the budget
    justification documents in support of the budget for any fiscal year
    after fiscal year 2021 (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 4 inches in
    diameter and under 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 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. 8018.  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.
        Sec. 8019.  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. 8020.  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. 8021.  In addition to the funds provided else-where 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. 8022.  Funds appropriated by this Act for the Defense Media
    Activity shall not be used for any national or international political
    or psychological activities.
        Sec. 8023.  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. 8024.  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. 8025. (a) Of the funds made available in this Act, not less
    than $56,205,000 shall be available for the Civil Air Patrol
    Corporation, of which--
                (1) $43,205,000 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) $11,200,000 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. 8026. (a) None of the funds appropriated in this Act are
    available to establish a new Department of Defense (department)
    federally funded research and development center (FFRDC), either as a
    new entity, or as a separate entity administrated by an organization
    managing another FFRDC, or as a nonprofit membership corporation
    consisting of a consortium of other FFRDCs and other nonprofit
    entities.
        (b) No member of a Board of Directors, Trustees, Overseers,
    Advisory Group, Special Issues Panel, Visiting Committee, or any
    similar entity of a defense FFRDC, and no paid consultant to any
    defense FFRDC, except when acting in a technical advisory capacity, may
    be compensated for his or her services as a member of such entity, or
    as a paid consultant by more than one FFRDC in a fiscal year:
    Provided, That a member of any such entity referred to previously in
    this subsection shall be allowed travel expenses and per diem as
    authorized under the Federal Joint Travel Regulations, when engaged in
    the performance of membership duties.
        (c) Notwithstanding any other provision of law, none of the funds
    available to the department from any source during the current fiscal
    year may be used by a defense FFRDC, through a fee or other payment
    mechanism, for construction of new buildings not located on a military
    installation, for payment of cost sharing for projects funded by
    Government grants, for absorption of contract overruns, or for certain
    charitable contributions, not to include employee participation in
    community service and/or development.
        (d) Notwithstanding any other provision of law, of the funds
    available to the department during fiscal year 2021, not more than
    6,053 staff years of technical effort (staff years) may be funded for
    defense FFRDCs:  Provided, That, within such funds for 6,053 staff
    years, funds shall be available only for 1,148 staff years for the
    defense studies and analysis FFRDCs:  Provided further, That this
    subsection shall not apply to staff years funded in the National
    Intelligence Program (NIP) and the Military Intelligence Program (MIP).
        (e) The Secretary of Defense shall, with the submission of the
    department's fiscal year 2022 budget request, submit a report
    presenting the specific amounts of staff years of technical effort to
    be allocated for each defense FFRDC during that fiscal year and the
    associated budget estimates.
        Sec. 8027.  None of the funds appropriated or made available in
    this Act shall be used to procure carbon, alloy, or armor steel plate
    for use in any Government-owned facility or property under the control
    of the Department of Defense which were not melted and rolled in the
    United States or Canada:  Provided, That these procurement restrictions
    shall apply to any and all Federal Supply Class 9515, American Society
    of Testing and Materials (ASTM) or American Iron and Steel Institute
    (AISI) specifications of carbon, alloy or armor steel plate:  Provided
    further, That the Secretary of the military department responsible for
    the procurement may waive this restriction on a case-by-case basis by
    certifying in writing to the Committees on Appropriations of the House
    of Representatives and the Senate that adequate domestic supplies are
    not available to meet Department of Defense requirements on a timely
    basis and that such an acquisition must be made in order to acquire
    capability for national security purposes:  Provided further, That
    these restrictions shall not apply to contracts which are in being as
    of the date of the enactment of this Act.
        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.  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. 8030. (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 2021. Such report shall separately indicate the dollar
    value of items for which the Buy American Act was waived pursuant to
    any agreement described in subsection (a)(2), the Trade Agreement Act
    of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
    which the United States is a party.
        (c) For purposes of this section, the term ``Buy American Act''
    means chapter 83 of title 41, United States Code.
        Sec. 8031.  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. 8032. (a) Notwithstanding any other provision of law, the
    Secretary of the Air Force may convey at no cost to the Air Force,
    without consideration, to Indian tribes located in the States of
    Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
    and Washington relocatable military housing units located at Grand
    Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
    Base, Ellsworth Air Force Base, and Minot Air Force Base that are
    excess to the needs of the Air Force.
        (b) The Secretary of the Air Force shall convey, at no cost to the
    Air Force, military housing units under subsection (a) in accordance
    with the request for such units that are submitted to the Secretary by
    the Operation Walking Shield Program on behalf of Indian tribes located
    in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
    Oregon, Minnesota, and Washington. Any such conveyance shall be subject
    to the condition that the housing units shall be removed within a
    reasonable period of time, as determined by the Secretary.
        (c) The Operation Walking Shield Program shall resolve any
    conflicts among requests of Indian tribes for housing units under
    subsection (a) before submitting requests to the Secretary of the Air
    Force under subsection (b).
        (d) In this section, the term ``Indian tribe'' means any recognized
    Indian tribe included on the current list published by the Secretary of
    the Interior under section 104 of the Federally Recognized Indian Tribe
    Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
        Sec. 8033.  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.

                         (including transfer of funds)

        Sec. 8034.  Subject to section 8005 of this Act, the Secretary of
    Defense may transfer funds appropriated in fiscal year 2021 for
    ``Shipbuilding and Conversion, Navy: LPD Flight II-LPD 31'' to
    ``Shipbuilding and Conversion, Navy: LPD 32 (AP)'', and ``Shipbuilding
    and Conversion, Navy: LPD 33 (AP)'' for fiscal year 2021 advance
    procurement authorized by section 124(c) of the National Defense
    Authorization Act for Fiscal Year 2021:  Provided, That the transfer
    authority provided under this provision is in addition to any other
    transfer authority contained in this Act.
        Sec. 8035.  Up to $14,000,000 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. 8036.  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. 8037. (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 2022 budget request for the Department of
    Defense as well as all justification material and other documentation
    supporting the fiscal year 2022 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 2022 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. 8038.  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, 2022:  Provided, That funds appropriated,
    transferred, or otherwise credited to the Central Intelligence Agency
    Central Services Working Capital Fund during this or any prior or
    subsequent fiscal year shall remain available until expended:  Provided
    further, That any funds appropriated or transferred to the Central
    Intelligence Agency for advanced research and development acquisition,
    for agent operations, and for covert action programs authorized by the
    President under section 503 of the National Security Act of 1947 (50
    U.S.C. 3093) shall remain available until September 30, 2022:  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, 2023.
        Sec. 8039.  Of the funds appropriated to the Department of Defense
    under the heading ``Operation and Maintenance, Defense-Wide'', 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. 8040. (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. 8041. (a) Except as provided in subsections (b) and (c), none
    of the funds made available by this Act may be used--
                (1) to establish a field operating agency; or
                (2) to pay the basic pay of a member of the Armed Forces or
            civilian employee of the department who is transferred or
            reassigned from a headquarters activity if the member or
            employee's place of duty remains at the location of that
            headquarters.
        (b) The Secretary of Defense or Secretary of a military department
    may waive the limitations in subsection (a), on a case-by-case basis,
    if the Secretary determines, and certifies to the Committees on
    Appropriations of the House of Representatives and the Senate that the
    granting of the waiver will reduce the personnel requirements or the
    financial requirements of the department.
        (c) This section does not apply to--
                (1) field operating agencies funded within the National
            Intelligence Program;
                (2) an Army field operating agency established to
            eliminate, mitigate, or counter the effects of improvised
            explosive devices, and, as determined by the Secretary of the
            Army, other similar threats;
                (3) an Army field operating agency established to improve
            the effectiveness and efficiencies of biometric activities and
            to integrate common biometric technologies throughout the
            Department of Defense; 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. 8042. (a) None of the funds appropriated by this Act shall be
    available to convert to contractor performance an activity or function
    of the Department of Defense that, on or after the date of the
    enactment of this Act, is performed by Department of Defense civilian
    employees unless--
                (1) the conversion is based on the result of a public-
            private competition that includes a most efficient and cost
            effective organization plan developed by such activity or
            function;
                (2) the Competitive Sourcing Official determines that, over
            all performance periods stated in the solicitation of offers
            for performance of the activity or function, the cost of
            performance of the activity or function by a contractor would
            be less costly to the Department of Defense by an amount that
            equals or exceeds the lesser of--
                        (A) 10 percent of the most efficient organization's
                    personnel-related costs for performance of that
                    activity or function by Federal employees; or
                        (B) $10,000,000; and
                (3) the contractor does not receive an advantage for a
            proposal that would reduce costs for the Department of Defense
            by--
                        (A) not making an employer-sponsored health
                    insurance plan available to the workers who are to be
                    employed in the performance of that activity or
                    function under the contract; or
                        (B) offering to such workers an employer-sponsored
                    health benefits plan that requires the employer to
                    contribute less towards the premium or subscription
                    share than the amount that is paid by the Department of
                    Defense for health benefits for civilian employees
                    under chapter 89 of title 5, United States Code.
        (b)(1) The Department of Defense, without regard to subsection (a)
    of this section or subsection (a), (b), or (c) of section 2461 of title
    10, United States Code, and notwithstanding any administrative
    regulation, requirement, or policy to the contrary shall have full
    authority to enter into a contract for the performance of any
    commercial or industrial type function of the Department of Defense
    that--
                        (A) is included on the procurement list established
                    pursuant to section 2 of the Javits-Wagner-O'Day Act
                    (section 8503 of title 41, United States Code);
                        (B) is planned to be converted to performance by a
                    qualified nonprofit agency for the blind or by a
                    qualified nonprofit agency for other severely
                    handicapped individuals in accordance with that Act; or
                        (C) is planned to be converted to performance by a
                    qualified firm under at least 51 percent ownership by
                    an Indian tribe, as defined in section 4(e) of the
                    Indian Self-Determination and Education Assistance Act
                    (25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
                    as defined in section 8(a)(15) of the Small Business
                    Act (15 U.S.C. 637(a)(15)).
                (2) This section shall not apply to depot contracts or
            contracts for depot maintenance as provided in sections 2469
            and 2474 of title 10, United States Code.
        (c) The conversion of any activity or function of the Department of
    Defense under the authority provided by this section shall be credited
    toward any competitive or outsourcing goal, target, or measurement that
    may be established by statute, regulation, or policy and is deemed to
    be awarded under the authority of, and in compliance with, subsection
    (h) of section 2304 of title 10, United States Code, for the
    competition or outsourcing of commercial activities.

                                 (rescissions)

        Sec. 8043.  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 for Overseas Contingency Operations/Global War on
    Terrorism or as an emergency requirement pursuant to the Concurrent
    Resolution on the Budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended:
                ``Shipbuilding and Conversion, Navy: DDG-51 Destroyer'',
            2014/2021, $66,567,000;
                ``Procurement of Weapons and Tracked Combat Vehicles,
            Army'', 2019/2021, $23,840,000;
                ``Aircraft Procurement, Navy'', 2019/2021, $23,094,000;
                ``Aircraft Procurement, Air Force'', 2019/2021,
            $465,447,000;
                ``Other Procurement, Air Force'', 2019/2021, $12,400,000;
                ``Aircraft Procurement, Army'', 2020/2022, $26,900,000;
                ``Missile Procurement, Army'', 2020/2022, $2,377,000;
                ``Procurement of Weapons and Tracked Combat Vehicles,
            Army'', 2020/2022, $148,141,000;
                ``Procurement of Ammunition, Army'', 2020/2022, $7,500,000;
                ``Other Procurement, Army'', 2020/2022, $13,175,000;
                ``Aircraft Procurement, Navy'', 2020/2022, $417,128,000;
                ``Weapons Procurement, Navy'', 2020/2022, $7,500,000;
                ``Procurement of Ammunition, Navy and Marine Corps'', 2020/
            2022, $8,973,000;
                ``Shipbuilding and Conversion, Navy: TAO Fleet Oiler
            (AP)'', 2020/2024, $73,000,000;
                ``Shipbuilding and Conversion, Navy: CVN Refueling
            Overhauls'', 2020/2024, $13,100,000;
                ``Other Procurement, Navy'', 2020/2022, $87,052,000;
                ``Procurement, Marine Corps'', 2020/2022, $55,139,000;
                ``Aircraft Procurement, Air Force'', 2020/2022,
            $543,015,000;
                ``Missile Procurement, Air Force'', 2020/2022, $24,500,000;
                ``Space Procurement, Air Force'', 2020/2022, $64,400,000;
                ``Other Procurement, Air Force'', 2020/2022, $66,726,000;
                ``Research, Development, Test and Evaluation, Army'', 2020/
            2021, $284,228,000;
                ``Research, Development, Test and Evaluation, Navy'', 2020/
            2021, $84,005,000;
                ``Research, Development, Test and Evaluation, Air Force'',
            2020/2021, $251,809,000;
                ``Research, Development, Test and Evaluation, Defense-
            Wide'', 2020/2021, $378,031,000; and
                ``Defense Counterintelligence and Security Agency Working
            Capital Fund'', 2020/XXXX, $100,000,000.
        Sec. 8044.  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. 8045.  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. 8046.  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 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. 8047. (a) None of the funds available to the Department of
    Defense for any fiscal year for drug interdiction or counter-drug
    activities may be transferred to any other department or agency of the
    United States except as specifically provided in an appropriations law.
        (b) None of the funds available to the Central Intelligence Agency
    for any fiscal year for drug interdiction or counter-drug activities
    may be transferred to any other department or agency of the United
    States except as specifically provided in an appropriations law.
        Sec. 8048.  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-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 this
    restriction shall not apply to the purchase of ``commercial items'', 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. 8049.  Of the amounts appropriated for ``Working Capital Fund,
    Army'', $125,000,000 shall be available to maintain competitive rates
    at the arsenals.
        Sec. 8050.  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. 8051.  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. 8052.  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. 8053.  None of the funds available to the Department of
    Defense under this Act shall be obligated or expended to pay a
    contractor under a contract with the Department of Defense for costs of
    any amount paid by the contractor to an employee when--
                (1) such costs are for a bonus or otherwise in excess of
            the normal salary paid by the contractor to the employee; and
                (2) such bonus is part of restructuring costs associated
            with a business combination.

                         (including transfer of funds)

        Sec. 8054.  During the current fiscal year, no more than
    $30,000,000 of appropriations made in this Act under the heading
    ``Operation and Maintenance, Defense-Wide'' may be transferred to
    appropriations available for the pay of military personnel, to be
    merged with, and to be available for the same time period as the
    appropriations to which transferred, to be used in support of such
    personnel in connection with support and services for eligible
    organizations and activities outside the Department of Defense pursuant
    to section 2012 of title 10, United States Code.
        Sec. 8055.  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 2022 (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 2021 in which the authority in this
    section was exercised.
        Sec. 8056. (a) Notwithstanding any other provision of law, the
    Chief of the National Guard Bureau may permit the use of equipment of
    the National Guard Distance Learning Project by any person or entity on
    a space-available, reimbursable basis. The Chief of the National Guard
    Bureau shall establish the amount of reimbursement for such use on a
    case-by-case basis.
        (b) Amounts collected under subsection (a) shall be credited to
    funds available for the National Guard Distance Learning Project and be
    available to defray the costs associated with the use of equipment of
    the project under that subsection. Such funds shall be available for
    such purposes without fiscal year limitation.

                         (including transfer of funds)

        Sec. 8057.  Of the funds appropriated in this Act under the heading
    ``Operation and Maintenance, Defense-Wide'', $46,000,000 shall be for
    continued implementation and expansion of the Sexual Assault Special
    Victims' Counsel Program:  Provided, That the funds are made available
    for transfer to the Department of the Army, the Department of the Navy,
    and the Department of the Air Force:  Provided further, That funds
    transferred shall be merged with and available for the same purposes
    and for the same time period as the appropriations to which the funds
    are transferred:  Provided further, That this transfer authority is in
    addition to any other transfer authority provided in this Act.
        Sec. 8058.  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 2022 pursuant to section 1105 of title 31,
    United States Code, submit to the congressional defense committees a
    report detailing the use of funds requested in research, development,
    test and evaluation accounts for end-items used in development,
    prototyping and test activities preceding and leading to acceptance for
    operational use:  Provided further, That the report shall set forth,
    for each end-item covered by the preceding proviso, a detailed list of
    the statutory authorities under which amounts in the accounts described
    in that proviso were used for such item:  Provided further, That the
    Secretary of Defense shall, at the time of the submittal to Congress of
    the budget of the President for fiscal year 2022 pursuant to section
    1105 of title 31, United States Code, submit to the congressional
    defense committees a certification that funds requested for fiscal year
    2022 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. 8059. (a) The Secretary of Defense may, on a case-by-case
    basis, waive with respect to a foreign country each limitation on the
    procurement of defense items from foreign sources provided in law if
    the Secretary determines that the application of the limitation with
    respect to that country would invalidate cooperative programs entered
    into between the Department of Defense and the foreign country, or
    would invalidate reciprocal trade agreements for the procurement of
    defense items entered into under section 2531 of title 10, United
    States Code, and the country does not discriminate against the same or
    similar defense items produced in the United States for that country.
        (b) Subsection (a) applies with respect to--
                (1) contracts and subcontracts entered into on or after the
            date of the enactment of this Act; and
                (2) options for the procurement of items that are exercised
            after such date under contracts that are entered into before
            such date if the option prices are adjusted for any reason
            other than the application of a waiver granted under subsection
            (a).
        (c) Subsection (a) does not apply to a limitation regarding
    construction of public vessels, ball and roller bearings, food, and
    clothing or textile materials as defined by section XI (chapters 50-65)
    of the Harmonized Tariff Schedule of the United States and products
    classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
    7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
    7508, 8105, 8108, 8109, 8211, 8215, and 9404.
        Sec. 8060.  None of the funds appropriated or otherwise made
    available by this or other Department of Defense Appropriations Acts
    may be obligated or expended for the purpose of performing repairs or
    maintenance to military family housing units of the Department of
    Defense, including areas in such military family housing units that may
    be used for the purpose of conducting official Department of Defense
    business.
        Sec. 8061.  Notwithstanding any other provision of law, funds
    appropriated in this Act under the heading ``Research, Development,
    Test and Evaluation, Defense-Wide'' for any new start advanced concept
    technology demonstration project or joint capability demonstration
    project may only be obligated 45 days after a report, including a
    description of the project, the planned acquisition and transition
    strategy and its estimated annual and total cost, has been provided in
    writing to the congressional defense committees:  Provided, That the
    Secretary of Defense may waive this restriction on a case-by-case basis
    by certifying to the congressional defense committees that it is in the
    national interest to do so.
        Sec. 8062.  The Secretary of Defense shall continue to provide a
    classified quarterly report to the Committees on Appropriations of the
    House of Representatives and the Senate, Subcommittees on Defense on
    certain matters as directed in the classified annex accompanying this
    Act.
        Sec. 8063.  Notwithstanding section 12310(b) of title 10, United
    States Code, a Reserve who is a member of the National Guard serving on
    full-time National Guard duty under section 502(f) of title 32, United
    States Code, may perform duties in support of the ground-based elements
    of the National Ballistic Missile Defense System.
        Sec. 8064.  None of the funds provided in this Act may be used to
    transfer to any nongovernmental entity ammunition held by the
    Department of Defense that has a center-fire cartridge and a United
    States military nomenclature designation of ``armor penetrator'',
    ``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
    ``armor-piercing incendiary tracer (API-T)'', except to an entity
    performing demilitarization services for the Department of Defense
    under a contract that requires the entity to demonstrate to the
    satisfaction of the Department of Defense that armor piercing
    projectiles are either: (1) rendered incapable of reuse by the
    demilitarization process; or (2) used to manufacture ammunition
    pursuant to a contract with the Department of Defense or the
    manufacture of ammunition for export pursuant to a License for
    Permanent Export of Unclassified Military Articles issued by the
    Department of State.
        Sec. 8065.  Notwithstanding any other provision of law, the Chief
    of the National Guard Bureau, or his designee, may waive payment of all
    or part of the consideration that otherwise would be required under
    section 2667 of title 10, United States Code, in the case of a lease of
    personal property for a period not in excess of 1 year to any
    organization specified in section 508(d) of title 32, United States
    Code, or any other youth, social, or fraternal nonprofit organization
    as may be approved by the Chief of the National Guard Bureau, or his
    designee, on a case-by-case basis.

                         (including transfer of funds)

        Sec. 8066.  Of the amounts appropriated in this Act under the
    heading ``Operation and Maintenance, Army'', $133,724,000 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. 8067. (a) None of the funds appropriated in this or any other
    Act may be used to take any action to modify--
                (1) the appropriations account structure for the National
            Intelligence Program budget, including through the creation of
            a new appropriation or new appropriation account;
                (2) how the National Intelligence Program budget request is
            presented in the unclassified P-1, R-1, and O-1 documents
            supporting the Department of Defense budget request;
                (3) the process by which the National Intelligence Program
            appropriations are apportioned to the executing agencies; or
                (4) the process by which the National Intelligence Program
            appropriations are allotted, obligated and disbursed.
        (b) Nothing in subsection (a) shall be construed to prohibit the
    merger of programs or changes to the National Intelligence Program
    budget at or below the Expenditure Center level, provided such change
    is otherwise in accordance with paragraphs (a)(1)-(3).
        (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. 8068.  In addition to amounts provided elsewhere in this Act,
    $10,000,000 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)

        Sec. 8069.  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. 8070.  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. 8071.  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.

                         (including transfer of funds)

        Sec. 8072.  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,
    $73,000,000 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; $177,000,000 shall
    be for the Short Range Ballistic Missile Defense (SRBMD) program,
    including cruise missile defense research and development under the
    SRBMD program, of which $50,000,000 shall be for co-production
    activities of SRBMD systems in the United States and in Israel to meet
    Israel's defense requirements consistent with each nation's laws,
    regulations, and procedures, subject to the U.S.-Israeli co-production
    agreement for SRBMD, as amended; $77,000,000 shall be for an upper-tier
    component to the Israeli Missile Defense Architecture, of which
    $77,000,000 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.

                         (including transfer of funds)

        Sec. 8073.  Of the amounts appropriated in this Act under the
    heading ``Shipbuilding and Conversion, Navy'', $407,312,000 shall be
    available until September 30, 2021, to fund prior year shipbuilding
    cost increases:  Provided, That upon enactment of this Act, the
    Secretary of the Navy shall transfer funds to the following
    appropriations in the amounts specified:  Provided further, That the
    amounts transferred shall be merged with and be available for the same
    purposes as the appropriations to which transferred to:
                (1) Under the heading ``Shipbuilding and Conversion,
            Navy'', 2008/2021: Carrier Replacement Program $71,000,000;
                (2) Under the heading ``Shipbuilding and Conversion,
            Navy'', 2015/2021: DDG-51 Destroyer $9,634,000;
                (3) Under the heading ``Shipbuilding and Conversion,
            Navy'', 2016/2021: CVN Refueling Overhauls $186,200,000;
                (4) Under the heading ``Shipbuilding and Conversion,
            Navy'', 2016/2021: LPD-17 $30,578,000;
                (5) Under the heading ``Shipbuilding and Conversion,
            Navy'', 2016/2021: TAO Fleet Oiler $42,500,000;
                (6) Under the heading ``Shipbuilding and Conversion,
            Navy'', 2018/2021: TAO Fleet Oiler $17,400,000; and
                (7) Under the heading ``Shipbuilding and Conversion,
            Navy'', 2018/2021: Expeditionary Fast Transport $50,000,000.
        Sec. 8074.  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 2021 until the enactment of the Intelligence
    Authorization Act for Fiscal Year 2021.
        Sec. 8075.  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. 8076.  The budget of the President for fiscal year 2022
    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 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.
        Sec. 8077.  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. 8078.  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. 8079.  None of the funds appropriated or made available in
    this Act shall be used to reduce or disestablish the operation of the
    53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
    action would reduce the WC-130 Weather Reconnaissance mission below the
    levels funded in this Act:  Provided, That the Air Force shall allow
    the 53rd Weather Reconnaissance Squadron to perform other missions in
    support of national defense requirements during the non-hurricane
    season.
        Sec. 8080.  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. 8081. (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. 8082.  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, 2022.
        Sec. 8083.  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. 8084. (a) Not later than 60 days after the date of enactment
    of this Act, the Director of National Intelligence shall submit a
    report to the congressional intelligence committees to establish the
    baseline for application of reprogramming and transfer authorities for
    fiscal year 2021:  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. 8085.  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 or 9002 of this Act, as
    applicable.
        Sec. 8086.  Any transfer of amounts appropriated to the Department
    of Defense Acquisition Workforce Development Account in or for fiscal
    year 2021 to a military department or Defense Agency pursuant to
    section 1705(e)(1) of title 10, United States Code, shall be covered by
    and subject to section 8005 or 9002 of this Act, as applicable.
        Sec. 8087.  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. 8088. (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. 8089.  In this fiscal year and each fiscal year thereafter,
    funds appropriated under the heading ``Procurement, Space Force'' may
    be obligated for payment of satellite on-orbit incentives in the fiscal
    year in which an incentive payment is earned:  Provided, That any
    obligation made pursuant to this section may not be entered into until
    30 calendar days in session after the congressional defense committees
    have been notified that an on-orbit incentive payment has been earned.
        Sec. 8090.  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.

                         (including transfer of funds)

        Sec. 8091.  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.
        Sec. 8092.  None of the funds appropriated by this Act may be
    available for the purpose of making remittances to the Department of
    Defense Acquisition Workforce Development Account in accordance with
    section 1705 of title 10, United States Code.
        Sec. 8093. (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. 8094. (a) None of the funds appropriated or otherwise made
    available by this Act may be expended for any Federal contract for an
    amount in excess of $1,000,000, unless the contractor agrees not to--
                (1) enter into any agreement with any of its employees or
            independent contractors that requires, as a condition of
            employment, that the employee or independent contractor agree
            to resolve through arbitration any claim under title VII of the
            Civil Rights Act of 1964 or any tort related to or arising out
            of sexual assault or harassment, including assault and battery,
            intentional infliction of emotional distress, false
            imprisonment, or negligent hiring, supervision, or retention;
            or
                (2) take any action to enforce any provision of an existing
            agreement with an employee or independent contractor that
            mandates that the employee or independent contractor resolve
            through arbitration any claim under title VII of the Civil
            Rights Act of 1964 or any tort related to or arising out of
            sexual assault or harassment, including assault and battery,
            intentional infliction of emotional distress, false
            imprisonment, or negligent hiring, supervision, or retention.
        (b) None of the funds appropriated or otherwise made available by
    this Act may be expended for any Federal contract unless the contractor
    certifies that it requires each covered subcontractor to agree not to
    enter into, and not to take any action to enforce any provision of, any
    agreement as described in paragraphs (1) and (2) of subsection (a),
    with respect to any employee or independent contractor performing work
    related to such subcontract. For purposes of this subsection, a
    ``covered subcontractor'' is an entity that has a subcontract in excess
    of $1,000,000 on a contract subject to subsection (a).
        (c) The prohibitions in this section do not apply with respect to a
    contractor's or subcontractor's agreements with employees or
    independent contractors that may not be enforced in a court of the
    United States.
        (d) The Secretary of Defense may waive the application of
    subsection (a) or (b) to a particular contractor or subcontractor for
    the purposes of a particular contract or subcontract if the Secretary
    or the Deputy Secretary personally determines that the waiver is
    necessary to avoid harm to national security interests of the United
    States, and that the term of the contract or subcontract is not longer
    than necessary to avoid such harm. The determination shall set forth
    with specificity the grounds for the waiver and for the contract or
    subcontract term selected, and shall state any alternatives considered
    in lieu of a waiver and the reasons each such alternative would not
    avoid harm to national security interests of the United States. The
    Secretary of Defense shall transmit to Congress, and simultaneously
    make public, any determination under this subsection not less than 15
    business days before the contract or subcontract addressed in the
    determination may be awarded.

                         (including transfer of funds)

        Sec. 8095.  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. 8096.  None of the funds appropriated or otherwise made
    available by this Act may be used by the Department of Defense or a
    component thereof in contravention of the provisions of section 130h of
    title 10, United States Code.
        Sec. 8097.  Appropriations available to the Department of Defense
    may be used for the purchase of heavy and light armored vehicles for
    the physical security of personnel or for force protection purposes up
    to a limit of $450,000 per vehicle, notwithstanding price or other
    limitations applicable to the purchase of passenger carrying vehicles.

                         (including transfer of funds)

        Sec. 8098.  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, 2021.
        Sec. 8099.  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. 8100.  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, Guantanamo Bay, Cuba, by the Department
            of Defense.
        Sec. 8101.  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 Guantanamo 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).
        Sec. 8102. (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;
                (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. 8103.  None of the funds made available in this Act 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. 8104. (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. 8105.  Of the amounts appropriated in this Act for
    ``Shipbuilding and Conversion, Navy'', $60,000,000, to remain available
    for obligation until September 30, 2025, may be used for the purchase
    of two 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 10 U.S.C. 2218
    (National Defense Sealift Fund), none of these funds shall be
    transferred to the National Defense Sealift Fund for execution.
        Sec. 8106.  The Secretary of Defense shall post grant awards on a
    public website in a searchable format.
        Sec. 8107.  If the Secretary of a military department reduces each
    research, development, test and evaluation, and procurement account of
    the military department pursuant to paragraph (1) of section 828(d) of
    the National Defense Authorization Act for Fiscal Year 2016 (Public Law
    114-92; 10 U.S.C. 2430 note), the Secretary shall allocate the
    reduction determined under paragraph (2) of such section 828(d)
    proportionally from all programs, projects, or activities under such
    account:  Provided, That the authority under section 804(d)(2) of the
    National Defense Authorization Act for Fiscal Year 2016 (Public Law
    114-92; 10 U.S.C. 2302 note) to transfer amounts available in the Rapid
    Prototyping Fund shall be subject to section 8005 or 9002 of this Act,
    as applicable.
        Sec. 8108.  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. 8109.  None of the funds made available in this or any other
    Act may be used to pay the salary of any officer or employee of any
    agency funded by this Act who approves or implements the transfer of
    administrative responsibilities or budgetary resources of any program,
    project, or activity financed by this Act to the jurisdiction of
    another Federal agency not financed by this Act without the express
    authorization of Congress:  Provided, That this limitation shall not
    apply to transfers of funds expressly provided for in Defense
    Appropriations Acts, or provisions of Acts providing supplemental
    appropriations for the Department of Defense.
        Sec. 8110.  Of the amounts appropriated in this Act for ``Operation
    and Maintenance, Navy'', $376,029,000, 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. 8111.  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. 8112.  The Secretary of Defense, in consultation with the
    Service Secretaries, shall submit a report to the congressional defense
    committees, not later than 180 days after the enactment of this Act,
    detailing the submission of records during the previous 12 months to
    databases accessible to the National Instant Criminal Background Check
    System (NICS), including the Interstate Identification Index (III), the
    National Crime Information Center (NCIC), and the NICS Index, as
    required by Public Law 110-180:  Provided, That such report shall
    provide the number and category of records submitted by month to each
    such database, by Service or Component:  Provided further, That such
    report shall identify the number and category of records submitted by
    month to those databases for which the Identification for Firearm Sales
    (IFFS) flag or other database flags were used to pre-validate the
    records and indicate that such persons are prohibited from receiving or
    possessing a firearm:  Provided further, That such report shall
    describe the steps taken during the previous 12 months, by Service or
    Component, to ensure complete and accurate submission and appropriate
    flagging of records of individuals prohibited from gun possession or
    receipt pursuant to 18 U.S.C. 922(g) or (n) including applicable
    records involving proceedings under the Uniform Code of Military
    Justice.
        Sec. 8113. (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; and spreaders for
    shipboard cranes.
        (b) None of the funds provided in this Act for the FFG(X) Frigate
    program shall be used to award a new contract that provides for the
    acquisition of the following components unless those components are
    manufactured in the United States: Air circuit breakers; gyrocompasses;
    electronic navigation chart systems; steering controls; pumps;
    propulsion and machinery control systems; totally enclosed lifeboats;
    auxiliary equipment pumps; shipboard cranes; auxiliary chill water
    systems; and propulsion propellers:  Provided, That the Secretary of
    the Navy shall incorporate United States manufactured propulsion
    engines and propulsion reduction gears into the FFG(X) Frigate program
    beginning not later than with the eleventh ship of the program.
        Sec. 8114.  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. 8115.  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. 8116. (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. 8117.  None of the funds appropriated by this Act may be made
    available to deliver F-35 air vehicles or any other F-35 weapon system
    equipment to the Republic of Turkey, except in accordance with section
    1245 of the National Defense Authorization Act for Fiscal Year 2020
    (Public Law 116-92).
        Sec. 8118.  In addition to amounts provided elsewhere in this Act,
    there is appropriated $284,000,000, 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 Economic Adjustment
    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 Economic Adjustment
    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, 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. 8119.  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. 8120.  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, Guantanamo Bay, Cuba.
        Sec. 8121.  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. 8122.  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 or 9002 of this Act, as appropriate, if
    applicable:  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 and section 8126
    of the Department of Defense Appropriations Act, 2020.
        Sec. 8123.  Amounts appropriated for ``Defense Health Program'' in
    this Act and hereafter may be obligated to make death gratuity
    payments, as authorized in subchapter II of chapter 75 of title 10,
    United States Code, if no appropriation for ``Military Personnel'' is
    available for obligation for such payments:  Provided, That such
    obligations may subsequently be recorded against appropriations
    available for ``Military Personnel''.
        Sec. 8124. (a) None of the funds made available by this or any
    other Act may be used to enter into a contract, memorandum of
    understanding, or cooperative agreement with, make a grant to, or
    provide a loan or loan guarantee to any corporation that has any unpaid
    Federal tax liability that has been assessed, for which all judicial
    and administrative remedies have been exhausted or have lapsed, and
    that is not being paid in a timely manner pursuant to an agreement with
    the authority responsible for collecting such tax liability, provided
    that the applicable Federal agency is aware of the unpaid Federal tax
    liability.
        (b) Subsection (a) shall not apply if the applicable Federal agency
    has considered suspension or debarment of the corporation described in
    such subsection and has made a determination that such suspension or
    debarment is not necessary to protect the interests of the Federal
    Government.
        Sec. 8125.  During fiscal year 2021, any advance billing for
    background investigation services and related services purchased from
    activities financed using Defense Working Capital Funds shall be
    excluded from the calculation of cumulative advance billings under
    section 2208(l)(3) of title 10, United States Code.
        Sec. 8126.  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. 8127.  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 2022 budget submission (as submitted to Congress pursuant to
    section 1105 of title 31, United States Code), the Secretary of Defense
    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 2022 budget and future years defense program adjustments
    associated with such planned transfers.
        Sec. 8128.  Funds appropriated in titles I and IX 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. 8129.  Notwithstanding any other provision of this Act, to
    reflect savings due to favorable foreign exchange rates, the total
    amount appropriated in this Act is hereby reduced by $375,000,000.
        Sec. 8130.  Notwithstanding any other provision of this Act, to
    reflect savings due to lower than anticipated fuel costs, the total
    amount appropriated in this Act is hereby reduced by $1,700,362,000.
        Sec. 8131. (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 Operations Army (PE 0608041A);
                (2) Risk Management Information (PE 0608013N);
                (3) Maritime Tactical Command Control (PE 0608231N);
                (4) Space Command and Control (PE 1203614SF);
                (5) National Background Investigation Services (PE
            0608197V);
                (6) Global Command and Control System-Joint (PE 0308150K);
                (7) Algorithmic Warfare Cross Functional Team (PE
            0308588D8Z); and
                (8) Acquisition visibility (PE 0608648D8Z).
        (b) None of the funds appropriated by this or prior Department of
    Defense Appropriations Acts may be obligated or expended to initiate
    additional Software and Digital Technology Pilot Programs in fiscal
    year 2021.
        Sec. 8132. (a) In addition to amounts otherwise made available in
    this Act, there is appropriated $100,000,000 to the Under Secretary of
    Defense (Acquisition and Sustainment), to remain available until
    expended.
        (b) The funds provided by subsection (a) shall be available to the
    Under Secretary of Defense (Acquisition and Sustainment), in
    coordination with the Assistant Secretary of the Army (Acquisition,
    Logistics and Technology) and the Assistant Secretary of the Navy
    (Research, Development and Acquisition) and the Assistant Secretary of
    the Air Force (Acquisition, Technology and Logistics), to assess and
    strengthen the manufacturing and defense industrial base and supply
    chain resiliency of the United States.
        (c)(1) The Under Secretary of Defense (Comptroller) shall transfer
    funds provided by subsection (a) to appropriations for operation and
    maintenance; procurement; and research, development, test and
    evaluation to accomplish the purposes specified in subsection (b). Such
    transferred funds shall be merged with and be available for the same
    purposes and for the same time period as the appropriation to which
    they are transferred.
        (2) The transfer authority provided by this subsection shall be in
    addition to any other transfer authority available to the Department of
    Defense.
        (3) The Under Secretary of Defense (Acquisition and Sustainment)
    shall, through the Under Secretary of Defense (Comptroller), not less
    than 30 days prior to making any transfer under this subsection, notify
    the congressional defense committees in writing of the details of the
    transfer.
        (d) Funds appropriated by this section may not be transferred to
    ``Drug Interdiction and Counter-Drug Activities, Defense''.

                          (including transfer of funds)

        Sec. 8133.  In addition to amounts appropriated in title II or
    otherwise made available elsewhere in this Act, $300,500,000 is hereby
    appropriated to the Department of Defense and made available for
    transfer to the operation and maintenance accounts of the Army, Navy,
    Marine Corps, and Air Force (including National Guard and Reserve) for
    purposes of improving military readiness:  Provided, That the transfer
    authority provided under this provision is in addition to any other
    transfer authority provided elsewhere in this Act.
        Sec. 8134.  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 AS(X) Submarine Tender, T-ARC(X) Cable
    Laying and Repair Ship, or 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. 8135.  None of the funds made available by this Act may be
    obligated or expended for the purpose of decommissioning the USS Fort
    Worth or the USS Coronado.
        Sec. 8136.  Of the amounts appropriated in this Act under the
    heading ``Operation and Maintenance, Defense-Wide'', $50,000,000, to
    remain available until September 30, 2022:  Provided, That such funds
    shall only be available to the Secretary of Defense, acting through the
    Office of Economic Adjustment of the Department of Defense, to make
    grants to communities impacted by military aviation noise for the
    purpose of installing noise mitigating insulation at covered
    facilities:  Provided further, That, to be eligible to receive a grant
    under the program, a community must enter into an agreement with the
    Secretary under which the community prioritizes the use of funds for
    the installation of noise mitigation at covered facilities in the
    community:  Provided further, That as a condition of receiving funds
    under this section a State or local entity shall provide a matching
    share of ten percent:  Provided further, That grants under the program
    may be used to meet the Federal match requirement under the airport
    improvement program established under subchapter I of chapter 471 and
    subchapter I of chapter 475 of title 49, United States Code:  Provided
    further, That, in carrying out the program, the Secretary of Defense
    shall coordinate with the Secretary of Transportation to minimize
    duplication of efforts with any other noise mitigation program
    compliant with part 150 of title 14, Code of Federal Regulations:
    Provided further, That, in this section, the term ``covered
    facilities'' means hospitals, daycare facilities, schools, facilities
    serving senior citizens, and private residences that are located within
    one mile or a day-night average sound level of 65 or greater of a
    military installation or another location at which military aircraft
    are stationed or are located in an area impacted by military aviation
    noise within one mile or a day-night average sound level of 65 or
    greater, as determined by the Department of Defense or Federal Aviation
    Administration noise modeling programs.
        Sec. 8137.  None of the funds appropriated or otherwise made
    available by this Act may be obligated or expended for the lease of an
    icebreaking vessel unless such obligation or expenditure is compliant
    with section 1301 of title 31, United States Code, and related statutes
    and is made pursuant to a contract awarded using full and open
    competitive procedures or procedures authorized by section 2304(c)(6)
    of title 10, United States Code.
        Sec. 8138.  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 30 and
    Block 40 aircraft:  Provided, That the Secretary of the Air Force is
    prohibited from deactivating the corresponding squadrons responsible
    for the operations of the aforementioned aircraft.

                                    TITLE IX

                        OVERSEAS CONTINGENCY OPERATIONS

                               MILITARY PERSONNEL

                            Military Personnel, Army

        For an additional amount for ``Military Personnel, Army'',
    $2,748,033,000:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                            Military Personnel, Navy

        For an additional amount for ``Military Personnel, Navy'',
    $382,286,000:  Provided, That such amount is designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                        Military Personnel, Marine Corps

        For an additional amount for ``Military Personnel, Marine Corps'',
    $129,943,000:  Provided, That such amount is designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                         Military Personnel, Air Force

        For an additional amount for ``Military Personnel, Air Force'',
    $1,077,168,000:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                            Reserve Personnel, Army

        For an additional amount for ``Reserve Personnel, Army'',
    $33,414,000:  Provided, That such amount is designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                            Reserve Personnel, Navy

        For an additional amount for ``Reserve Personnel, Navy'',
    $11,771,000:  Provided, That such amount is designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                        Reserve Personnel, Marine Corps

        For an additional amount for ``Reserve Personnel, Marine Corps'',
    $2,048,000:  Provided, That such amount is designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                          Reserve Personnel, Air Force

        For an additional amount for ``Reserve Personnel, Air Force'',
    $16,816,000:  Provided, That such amount is designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                         National Guard Personnel, Army

        For an additional amount for ``National Guard Personnel, Army'',
    $195,314,000:  Provided, That such amount is designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                      National Guard Personnel, Air Force

        For an additional amount for ``National Guard Personnel, Air
    Force'', $5,800,000:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                           OPERATION AND MAINTENANCE

                        Operation and Maintenance, Army

        For an additional amount for ``Operation and Maintenance, Army'',
    $17,497,254,000:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                        Operation and Maintenance, Navy

        For an additional amount for ``Operation and Maintenance, Navy'',
    $11,568,363,000:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Marine Corps

        For an additional amount for ``Operation and Maintenance, Marine
    Corps'', $1,108,667,000:  Provided, That such amount is designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                      Operation and Maintenance, Air Force

        For an additional amount for ``Operation and Maintenance, Air
    Force'', $18,432,020,000:  Provided, That such amount is designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                     Operation and Maintenance, Space Force

        For an additional amount for ``Operation and Maintenance, Space
    Force'', $77,115,000:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Defense-Wide

        For an additional amount for ``Operation and Maintenance, Defense-
    Wide'', $6,041,898,000:  Provided, That such amount is designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Army Reserve

        For an additional amount for ``Operation and Maintenance, Army
    Reserve'', $33,399,000:  Provided, That such amount is designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                    Operation and Maintenance, Navy Reserve

        For an additional amount for ``Operation and Maintenance, Navy
    Reserve'', $21,492,000:  Provided, That such amount is designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                Operation and Maintenance, Marine Corps Reserve

        For an additional amount for ``Operation and Maintenance, Marine
    Corps Reserve'', $8,707,000:  Provided, That such amount is designated
    by the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force Reserve

        For an additional amount for ``Operation and Maintenance, Air Force
    Reserve'', $30,090,000:  Provided, That such amount is designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Army National Guard

        For an additional amount for ``Operation and Maintenance, Army
    National Guard'', $79,792,000:  Provided, That such amount is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Air National Guard

        For an additional amount for ``Operation and Maintenance, Air
    National Guard'', $175,642,000:  Provided, That such amount is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                        Afghanistan Security Forces Fund

        For the ``Afghanistan Security Forces Fund'', $3,047,612,000, to
    remain available until September 30, 2022:  Provided, That such funds
    shall be available to the Secretary of Defense for the purpose of
    allowing the Commander, Combined Security Transition Command--
    Afghanistan, or the Secretary's designee, to provide assistance, with
    the concurrence of the Secretary of State, to the security forces of
    Afghanistan, including the provision of equipment, supplies, services,
    training, facility and infrastructure repair, renovation, construction,
    and funding:  Provided further, That the Secretary of Defense may
    obligate and expend funds made available to the Department of Defense
    in this title for additional costs associated with existing projects
    previously funded with amounts provided under the heading ``Afghanistan
    Infrastructure Fund'' in prior Acts:  Provided further, That such costs
    shall be limited to contract changes resulting from inflation, market
    fluctuation, rate adjustments, and other necessary contract actions to
    complete existing projects, and associated supervision and
    administration costs and costs for design during construction:
    Provided further, That the Secretary may not use more than $50,000,000
    under the authority provided in this section:  Provided further, That
    the Secretary shall notify in advance such contract changes and
    adjustments in annual reports to the congressional defense committees:
    Provided further, That the authority to provide assistance under this
    heading is in addition to any other authority to provide assistance to
    foreign nations:  Provided further, That contributions of funds for the
    purposes provided herein from any person, foreign government, or
    international organization may be credited to this Fund, to remain
    available until expended, and used for such purposes:  Provided
    further, That the Secretary of Defense shall notify the congressional
    defense committees in writing upon the receipt and upon the obligation
    of any contribution, delineating the sources and amounts of the funds
    received and the specific use of such contributions:  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 shall notify the
    congressional defense committees of any proposed new projects or
    activities, or transfer of funds between budget sub-activity groups in
    excess of $20,000,000:  Provided further, That the United States may
    accept equipment procured using funds provided under this heading in
    this or prior Acts that was transferred to the security forces of
    Afghanistan and returned by such forces to the United States:  Provided
    further, That equipment procured using funds provided under this
    heading in this or prior Acts, and not yet transferred to the security
    forces of Afghanistan or transferred to the security forces of
    Afghanistan and returned by such forces to the United States, may be
    treated as stocks of the Department of Defense upon written
    notification to the congressional defense committees:  Provided
    further, That of the funds provided under this heading, not less than
    $20,000,000 shall be for recruitment and retention of women in the
    Afghanistan National Security Forces, and the recruitment and training
    of female security personnel:  Provided further, That funds
    appropriated under this heading and made available for the salaries and
    benefits of personnel of the Afghanistan Security Forces may only be
    used for personnel who are enrolled in the Afghanistan Personnel and
    Pay System:  Provided further, That funds appropriated under this
    heading for the Afghanistan Security Forces may only be obligated if
    the Secretary of Defense, in consultation with the Secretary of State,
    certifies in writing to the congressional defense committees that such
    forces are controlled by a civilian, representative government that is
    committed to protecting human rights and women's rights and preventing
    terrorists and terrorist groups from using the territory of Afghanistan
    to threaten the security of the United States and United States allies:
     Provided further, That such amount is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                       Counter-Isis Train and Equip Fund

        For the ``Counter-Islamic State of Iraq and Syria Train and Equip
    Fund'', $710,000,000, to remain available until September 30, 2022:
    Provided, That such funds shall be available to the Secretary of
    Defense in coordination with the Secretary of State, to provide
    assistance, including training; equipment; logistics support, supplies,
    and services; stipends; infrastructure repair and renovation;
    construction for facility fortification and humane treatment; and
    sustainment, to foreign security forces, irregular forces, groups, or
    individuals participating, or preparing to participate in activities to
    counter the Islamic State of Iraq and Syria, and their affiliated or
    associated groups:  Provided further, That amounts made available under
    this heading shall be available to provide assistance only for
    activities in a country designated by the Secretary of Defense, in
    coordination with the Secretary of State, as having a security mission
    to counter the Islamic State of Iraq and Syria, and following written
    notification to the congressional defense committees of such
    designation:  Provided further, That the Secretary of Defense shall
    ensure that prior to providing assistance to elements of any forces or
    individuals, such elements or individuals are appropriately vetted,
    including at a minimum, assessing such elements for associations with
    terrorist groups or groups associated with the Government of Iran; and
    receiving commitments from such elements to promote respect for human
    rights and the rule of law:  Provided further, That the Secretary of
    Defense shall, not fewer than 15 days prior to obligating from this
    appropriation account, notify the congressional defense committees in
    writing of the details of any such obligation:  Provided further, That
    the Secretary of Defense may accept and retain contributions, including
    assistance in-kind, from foreign governments, including the Government
    of Iraq and other entities, to carry out assistance authorized under
    this heading:  Provided further, That contributions of funds for the
    purposes provided herein from any foreign government or other entity
    may be credited to this Fund, to remain available until expended, and
    used for such purposes:  Provided further, That the Secretary of
    Defense shall prioritize such contributions when providing any
    assistance for construction for facility fortification:  Provided
    further, That the Secretary of Defense may waive a provision of law
    relating to the acquisition of items and support services or sections
    40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if
    the Secretary determines that such provision of law would prohibit,
    restrict, delay or otherwise limit the provision of such assistance and
    a notice of and justification for such waiver is submitted to the
    congressional defense committees, the Committees on Appropriations and
    Foreign Relations of the Senate and the Committees on Appropriations
    and Foreign Affairs of the House of Representatives:  Provided further,
    That the United States may accept equipment procured using funds
    provided under this heading, or under the heading, ``Iraq Train and
    Equip Fund'' in prior Acts, that was transferred to security forces,
    irregular forces, or groups participating, or preparing to participate
    in activities to counter the Islamic State of Iraq and Syria and
    returned by such forces or groups to the United States, and such
    equipment may be treated as stocks of the Department of Defense upon
    written notification to the congressional defense committees:  Provided
    further, That equipment procured using funds provided under this
    heading, or under the heading, ``Iraq Train and Equip Fund'' in prior
    Acts, and not yet transferred to security forces, irregular forces, or
    groups participating, or preparing to participate in activities to
    counter the Islamic State of Iraq and Syria may be treated as stocks of
    the Department of Defense when determined by the Secretary to no longer
    be required for transfer to such forces or groups and upon written
    notification to the congressional defense committees:  Provided
    further, That the Secretary of Defense shall provide quarterly reports
    to the congressional defense committees on the use of funds provided
    under this heading, including, but not limited to, the number of
    individuals trained, the nature and scope of support and sustainment
    provided to each group or individual, the area of operations for each
    group, and the contributions of other countries, groups, or
    individuals:  Provided further, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                                  PROCUREMENT

                           Aircraft Procurement, Army

        For an additional amount for ``Aircraft Procurement, Army'',
    $595,112,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                           Missile Procurement, Army

        For an additional amount for ``Missile Procurement, Army'',
    $796,599,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

            Procurement of Weapons and Tracked Combat Vehicles, Army

        For an additional amount for ``Procurement of Weapons and Tracked
    Combat Vehicles, Army'', $15,225,000, to remain available until
    September 30, 2023:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                        Procurement of Ammunition, Army

        For an additional amount for ``Procurement of Ammunition, Army'',
    $103,875,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                            Other Procurement, Army

        For an additional amount for ``Other Procurement, Army'',
    $924,823,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                           Aircraft Procurement, Navy

        For an additional amount for ``Aircraft Procurement, Navy'',
    $32,905,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                           Weapons Procurement, Navy

        For an additional amount for ``Weapons Procurement, Navy'',
    $5,572,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                Procurement of Ammunition, Navy and Marine Corps

        For an additional amount for ``Procurement of Ammunition, Navy and
    Marine Corps'', $77,424,000, to remain available until September 30,
    2023:  Provided, That such amount is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                            Other Procurement, Navy

        For an additional amount for ``Other Procurement, Navy'',
    $341,612,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                           Procurement, Marine Corps

        For an additional amount for ``Procurement, Marine Corps'',
    $47,963,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Aircraft Procurement, Air Force

        For an additional amount for ``Aircraft Procurement, Air Force'',
    $772,738,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                         Missile Procurement, Air Force

        For an additional amount for ``Missile Procurement, Air Force'',
    $223,772,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                      Procurement of Ammunition, Air Force

        For an additional amount for ``Procurement of Ammunition, Air
    Force'', $785,617,000, to remain available until September 30, 2023:
    Provided, That such amount is designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                          Other Procurement, Air Force

        For an additional amount for ``Other Procurement, Air Force'',
    $355,339,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                           Procurement, Defense-Wide

        For an additional amount for ``Procurement, Defense-Wide'',
    $342,137,000, to remain available until September 30, 2023:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                  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, 2023:  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:  Provided further, That such amount
    is designated by the Congress for Overseas Contingency Operations/
    Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                   RESEARCH, DEVELOPMENT, TEST AND EVALUATION

                Research, Development, Test and Evaluation, Army

        For an additional amount for ``Research, Development, Test and
    Evaluation, Army'', $175,824,000, to remain available until September
    30, 2022:  Provided, That such amount is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                Research, Development, Test and Evaluation, Navy

        For an additional amount for ``Research, Development, Test and
    Evaluation, Navy'', $59,562,000, to remain available until September
    30, 2022:  Provided, That such amount is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

             Research, Development, Test and Evaluation, Air Force

        For an additional amount for ``Research, Development, Test and
    Evaluation, Air Force'', $5,304,000, to remain available until
    September 30, 2022:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

            Research, Development, Test and Evaluation, Defense-Wide

        For an additional amount for ``Research, Development, Test and
    Evaluation, Defense-Wide'', $80,818,000, to remain available until
    September 30, 2022:  Provided, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                         REVOLVING AND MANAGEMENT FUNDS

                         Defense Working Capital Funds

        For an additional amount for ``Defense Working Capital Funds'',
    $20,090,000:  Provided, That such amount is designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

        For an additional amount for ``Defense Health Program'',
    $365,098,000, which shall be for operation and maintenance:  Provided,
    That such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Office of the Inspector General

        For an additional amount for the ``Office of the Inspector
    General'', $24,069,000:  Provided, That such amount is designated by
    the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 9001.  Notwithstanding any other provision of law, funds made
    available in this title are in addition to amounts appropriated or
    otherwise made available for the Department of Defense for fiscal year
    2021.

                         (including transfer of funds)

        Sec. 9002.  Upon the determination of 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 up
    to $2,000,000,000 between the appropriations or funds made available to
    the Department of Defense in this title:  Provided, That the Secretary
    shall notify the Congress promptly of each transfer made pursuant to
    the authority in this section:  Provided further, That the authority
    provided in this section is in addition to any other transfer authority
    available to the Department of Defense and is subject to the same terms
    and conditions as the authority provided in section 8005 of this Act.
        Sec. 9003.  Supervision and administration costs and costs for
    design during construction associated with a construction project
    funded with appropriations available for operation and maintenance or
    the ``Afghanistan Security Forces Fund'' provided in this Act and
    executed in direct support of overseas contingency operations in
    Afghanistan, may be obligated at the time a construction contract is
    awarded:  Provided, That, for the purpose of this section, supervision
    and administration costs and costs for design during construction
    include all in-house Government costs.
        Sec. 9004.  From funds made available in this title, 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. 9005.  Not to exceed $2,000,000 of the amounts appropriated by
    this title under the heading ``Operation and Maintenance, Army'' may be
    used, notwithstanding any other provision of law, to fund the
    Commanders' Emergency Response Program (CERP), for the purpose of
    enabling military commanders in Afghanistan to respond to urgent,
    small-scale, humanitarian relief and reconstruction requirements within
    their areas of responsibility:  Provided, That each project (including
    any ancillary or related elements in connection with such project)
    executed under this authority shall not exceed $500,000:  Provided
    further, That not later than 45 days after the end of each 6 months of
    the fiscal year, the Secretary of Defense shall submit to the
    congressional defense committees a report regarding the source of funds
    and the allocation and use of funds during that 6-month period that
    were made available pursuant to the authority provided in this section
    or under any other provision of law for the purposes described herein.
        Sec. 9006.  Funds available to the Department of Defense for
    operation and maintenance may be used, notwithstanding any other
    provision of law, to provide supplies, services, transportation,
    including airlift and sealift, and other logistical support to allied
    forces participating in a combined operation with the armed forces of
    the United States and coalition forces supporting military and
    stability operations in Afghanistan and 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. 9007.  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.
                (3) To establish any military installation or base for the
            purpose of providing for the permanent stationing of United
            States Armed Forces in Afghanistan.
        Sec. 9008.  None of the funds made available in this Act may be
    used in contravention of the following laws enacted or regulations
    promulgated to implement the United Nations Convention Against Torture
    and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
    New York on December 10, 1984):
                (1) Section 2340A of title 18, United States Code.
                (2) Section 2242 of the Foreign Affairs Reform and
            Restructuring Act of 1998 (division G of Public Law 105-277;
            112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
            prescribed thereto, including regulations under part 208 of
            title 8, Code of Federal Regulations, and part 95 of title 22,
            Code of Federal Regulations.
                (3) Sections 1002 and 1003 of the Department of Defense,
            Emergency Supplemental Appropriations to Address Hurricanes in
            the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
            Law 109-148).
        Sec. 9009.  None of the funds provided for the ``Afghanistan
    Security Forces Fund'' (ASFF) may be obligated prior to the approval of
    a financial and activity plan by the Afghanistan Resources Oversight
    Council (AROC) of the Department of Defense:  Provided, That the AROC
    must approve the requirement and acquisition plan for any service
    requirements in excess of $50,000,000 annually and any non-standard
    equipment requirements in excess of $100,000,000 using ASFF:  Provided
    further, That the Department of Defense must certify to the
    congressional defense committees that the AROC has convened and
    approved a process for ensuring compliance with the requirements in the
    preceding proviso and accompanying report language for the ASFF.
        Sec. 9010.  Funds made available in this title to the Department of
    Defense for operation and maintenance may be used to purchase items
    having an investment 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 contingency operations overseas, such
    funds may be used to purchase items having an investment item unit cost
    of not more than $500,000.
        Sec. 9011.  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. 9012.  None of the funds made available by this Act under the
    headings ``Afghanistan Security Forces Fund'' and ``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. 9013.  Of the amounts appropriated in this title under the
    heading ``Operation and Maintenance, Defense-Wide'', for the Defense
    Security Cooperation Agency, $275,000,000, of which $137,500,000 to
    remain available until September 30, 2022 shall be for the Ukraine
    Security Assistance Initiative:  Provided, That such funds shall be
    available to the Secretary of Defense, in coordination with the
    Secretary of State, to provide assistance, including training;
    equipment; lethal assistance; logistics support, supplies and services;
    sustainment; and intelligence support to the military and national
    security forces of Ukraine, and for replacement of any weapons or
    articles provided to the Government of Ukraine from the inventory of
    the United States:  Provided further, That the Secretary of Defense
    shall, not less than 15 days prior to obligating funds made available
    in this section, 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
    United States may accept equipment procured using funds made available
    in this section in this or prior Acts that was transferred to the
    security forces of Ukraine and returned by such forces to the United
    States:  Provided further, That equipment procured using funds made
    available in this section in this or prior Acts, and not yet
    transferred to the military or National Security Forces of Ukraine or
    returned by such forces to the United States, may be treated as stocks
    of the Department of Defense upon written notification to the
    congressional defense committees:  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. 9014.  Funds appropriated in this title shall be available for
    replacement of funds for items provided to the Government of Ukraine
    from the inventory of the United States to the extent specifically
    provided for in section 9013 of this Act.
        Sec. 9015.  None of the funds made available by this Act may be
    used to provide arms, training, or other assistance to the Azov
    Battalion.
        Sec. 9016.  Equipment procured using funds provided in prior Acts
    under the heading ``Counterterrorism Partnerships Fund'' for the
    program authorized by section 1209 of the Carl Levin and Howard P.
    ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
    (Public Law 113-291), and not yet transferred to authorized recipients
    may be transferred to foreign security forces, irregular forces,
    groups, or individuals, authorized to receive assistance using amounts
    provided under the heading ``Counter-ISIS Train and Equip Fund'' in
    this Act:  Provided, That such equipment may be transferred 15 days
    following written notification to the congressional defense committees.
        Sec. 9017.  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. 9018.  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).
        Sec. 9019.  None of the funds in this Act may be made available for
    the transfer of additional C-130 cargo aircraft to the Afghanistan
    National Security Forces or the Afghanistan Air Force.
        Sec. 9020.  Funds made available by this Act under the heading
    ``Afghanistan Security Forces Fund'' may be used to provide limited
    training, equipment, and other assistance that would otherwise be
    prohibited by 10 U.S.C. 362 to a unit of the security forces of
    Afghanistan only if the Secretary of Defense certifies to the
    congressional defense committees, within 30 days of a decision to
    provide such assistance, that (1) a denial of such assistance would
    present significant risk to United States or coalition forces or
    significantly undermine United States national security objectives in
    Afghanistan; and (2) the Secretary has sought a commitment by the
    Government of Afghanistan to take all necessary corrective steps:
    Provided, That such certification shall be accompanied by a report
    describing: (1) the information relating to the gross violation of
    human rights; (2) the circumstances that necessitated the provision of
    such assistance; (3) the Afghan security force unit involved; (4) the
    assistance provided and the assistance withheld; and (5) the corrective
    steps to be taken by the Government of Afghanistan:  Provided further,
    That every 120 days after the initial report an additional report shall
    be submitted detailing the status of any corrective steps taken by the
    Government of Afghanistan:  Provided further, That if the Government of
    Afghanistan has not initiated necessary corrective steps within 1 year
    of the certification, the authority under this section to provide
    assistance to such unit shall no longer apply:  Provided further, That
    the Secretary shall submit a report to such committees detailing the
    final disposition of the case by the Government of Afghanistan.
        Sec. 9021.  None of the funds made available by this Act may be
    made available for any member of the Taliban except to support a
    reconciliation activity that includes the participation of members of
    the Government of Afghanistan, does not restrict the participation of
    women, and is authorized by section 1218 of the National Defense
    Authorization Act for Fiscal Year 2020 (Public Law 116- 92).
        Sec. 9022.  Nothing in this Act may be construed as authorizing the
    use of force against Iran.

                                  (rescissions)

        Sec. 9023.  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 such amounts are designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985:
                ``Procurement of Weapons and Tracked Combat Vehicles,
            Army'', 2019/2021, $90,000,000;
                ``Aircraft Procurement, Air Force'', 2019/2021,
            $16,400,000;
                ``Operation and Maintenance, Defense-Wide: DSCA Security
            Cooperation'', 2020/2021, $75,000,000;
                ``Operation and Maintenance, Defense-Wide: Coalition
            Support Funds'', 2020/2021, $45,000,000;
                ``Afghanistan Security Forces Fund'', 2020/2021,
            $1,100,000,000;
                ``Counter-ISIS Train and Equip Fund'', 2020/2021,
            $400,000,000;
                ``Procurement of Weapons and Tracked Combat Vehicles,
            Army'', 2020/2022, $100,000,000;
                ``Procurement of Ammunition, Air Force'', 2020/2022,
            $49,679,000;
                ``Research, Development, Test and Evaluation, Army'', 2020/
            2021, $2,878,000; and
                ``Research, Development, Test and Evaluation, Defense-
            Wide'', 2020/2021, $7,165,000.
        Sec. 9024.  Of the amounts appropriated in this title under the
    heading ``Operation and Maintenance, Defense-Wide'', for the Defense
    Security Cooperation Agency, $753,603,000, to remain available until
    September 30, 2022, shall be available for International Security
    Cooperation Programs and other programs to provide support and
    assistance to foreign security forces or other groups or individuals to
    conduct, support or facilitate counterterrorism, crisis response, or
    building partner capacity programs:  Provided, That the Secretary of
    Defense shall, not less than 15 days prior to obligating funds made
    available in this section, notify the congressional defense committees
    in writing of the details of any planned obligation:  Provided further,
    That the Secretary of Defense shall provide quarterly reports to the
    Committees on Appropriations of the House of Representatives and the
    Senate on the use and status of funds made available in this section.
        Sec. 9025.  Of the amounts appropriated in this title under the
    heading ``Operation and Maintenance, Defense-Wide'', for the Defense
    Security Cooperation Agency, $100,000,000, to remain available until
    September 30, 2022, 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. 9026.  Of the amounts appropriated in this title under the
    heading ``Operation and Maintenance, Defense-Wide'', for the Defense
    Security Cooperation Agency, $250,000,000, to remain available until
    September 30, 2022, 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. 9027.  Each amount designated in this Act by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 shall be available (or rescinded, if applicable)
    only if the President subsequently so designates all such amounts and
    transmits such designations to the Congress.
        Sec. 9028.  None of the funds appropriated or otherwise made
    available by this Act may be used in contravention of the First
    Amendment of the Constitution.
        This division may be cited as the ``Department of Defense
    Appropriations Act, 2021''.

         DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2021

                                    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, $153,000,000, to
    remain available until expended:  Provided, That the Secretary shall
    initiate nine new study starts during fiscal year 2021:  Provided
    further, That the Secretary shall not deviate from the new starts
    proposed in the work plan, once the plan has been submitted to the
    Committees on Appropriations of both Houses of Congress.

                                  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);
    $2,692,645,000, to remain available until expended; of which such sums
    as are necessary to cover the Federal share of construction costs for
    facilities under the Dredged Material Disposal Facilities program shall
    be derived from the Harbor Maintenance Trust Fund as authorized by
    Public Law 104-303; and of which such sums as are necessary to cover 35
    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.

                       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, $380,000,000, to remain
    available until expended, of which such sums as are necessary to cover
    the Federal share of eligible operation and maintenance costs for
    inland harbors shall be derived from the Harbor Maintenance Trust Fund:
     Provided, That the Secretary shall initiate one new study start in
    fiscal year 2021:  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.

                           operation and maintenance

        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, $3,849,655,000, to remain available until
    expended, of which such sums as are necessary to cover the Federal
    share of eligible operation and maintenance costs for coastal harbors
    and channels, and for inland harbors shall be derived from the Harbor
    Maintenance Trust Fund; 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; and 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:
    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
    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.

                               regulatory program

        For expenses necessary for administration of laws pertaining to
    regulation of navigable waters and wetlands, $210,000,000, to remain
    available until September 30, 2022.

                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, $250,000,000, to remain available until
    expended.

                     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.

                                    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, $206,000,000, to remain available until September 30, 2022, 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

                        (including rescission of funds)

        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, 2022:  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 this title, as designated under such
    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:  Provided further, That of the
    unobligated balances available from amounts appropriated in prior Acts
    under this heading, $500,000 is hereby rescinded:  Provided further,
    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.

          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, $12,000,000, 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
    $950,000,000:  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 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, 2022.

                 GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                         (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 2021, 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 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.
        (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 the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act), including the determination and
    designation of new starts.
        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 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. 107.  Additional funding provided in this Act shall be
    allocated only to projects determined to be eligible by the Chief of
    Engineers.
        Sec. 108.  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. 109. (a) When allocating the additional funding provided in
    this title under the headings ``Construction'' and ``Mississippi River
    and Tributaries'', the Secretary shall initiate a total of seven new
    construction starts during fiscal year 2021.
        (b) For new construction projects, project cost sharing agreements
    shall be executed as soon as practicable but no later than December 31,
    2021.
        (c) No allocation for a new start shall be considered final and no
    work allowance shall be made until the Secretary provides to the
    Committees on Appropriations of both Houses of Congress an out-year
    funding scenario demonstrating the affordability of the selected new
    starts and the impacts on other projects.
        (d) The Secretary shall not deviate from the new starts proposed in
    the work plan, once the plan has been submitted to the Committees on
    Appropriations of both Houses of Congress.

                                    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, $21,000,000, to remain available until expended, of
    which $1,800,000 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, $1,500,000 shall be available until
    September 30, 2022, for expenses necessary in carrying out related
    responsibilities of the Secretary of the Interior:  Provided further,
    That for fiscal year 2021, of the amount made available to the
    Commission under this Act or any other Act, the Commission may use an
    amount not to exceed $1,500,000 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

                         (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, $1,521,125,000, to remain available until expended, of
    which $58,476,000 shall be available for transfer to the Upper Colorado
    River Basin Fund and $5,584,000 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 $25,882,000 shall be available for transfer into the
    Blackfeet Water Settlement Implementation Fund established by section
    3717 of Public Law 114-322:  Provided further, That such transfers 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 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 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 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:  Provided further, That in accordance with
    section 4007 of Public Law 114-322, funding provided for such purpose
    in fiscal years 2017, 2018, 2019, and 2020 shall be made available for
    the construction, pre-construction, or study of the Friant-Kern Canal
    Capacity Correction Resulting from Subsidence, the Boise River Basin--
    Anderson Ranch Dam Raise, the North-of-the-Delta Off Stream Storage
    (Sites Reservoir Project), the Los Vaqueros Reservoir Phase 2 Expansion
    Project, and the Cle Elum Pool Raise (Yakima), as recommended by the
    Secretary in the letters dated June 22, 2020, and December 3, 2020,
    inclusive; the Delta Mendota Canal Subsidence Correction, the Del
    Puerto Water District, the San Luis Low Point Improvement Project, and
    the Sacramento Regional Water Bank, as recommended by the Secretary in
    the letter dated June 22, 2020:  Provided further, That in accordance
    with section 4009(c) of Public Law 114-322, and as recommended by the
    Secretary in a letter dated December 3, 2020, funding provided for such
    purpose in fiscal years 2019 and 2020 shall be made available to the El
    Paso Aquifer Storage and Recovery Using Reclaimed Water Project, the
    Pure Water Monterey: A Groundwater Replenishment Project, the Pure
    Water Soquel: Groundwater Replenishment and Seawater Intrusion
    Prevention Project, the Magna Water District Water Reclamation and
    Reuse Project, the Pure Water Oceanside: Mission Basin Groundwater
    Purification Facility Project, the Groundwater Reliability Improvement
    Program Recycled Water Project, and the Palmdale Regional Groundwater
    Recharge and Recovery Project:  Provided further, That in accordance
    with section 4009(a) of Public Law 114-322, and as recommended by the
    Secretary in a letter dated December 3, 2020, funding provided for such
    purpose in fiscal years 2019 and 2020 shall be made available to the
    Doheny Ocean Desalination Project, the North Pleasant Valley Desalter
    Facility, and the Energy-Efficient Brackish Groundwater Desalination
    Project.

                    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, $55,875,000, 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.

                        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.

                           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, 2022, $60,000,000, 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.

                            administrative provision

        Appropriations for the Bureau of Reclamation shall be available for
    purchase of not to exceed five passenger motor vehicles, which are for
    replacement only.

                 GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

        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 2021, 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) 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 ``
    $530,000,000'' and inserting `` $610,000,000''.
        Sec. 204.  Title I of Public Law 108-361 (the CALFED Bay-Delta
    Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of
    Public Law 114-322, is amended by striking ``2020'' each place it
    appears and inserting ``2021''.
        Sec. 205.  Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
    Land Management Act of 2009) is amended by striking ``2020'' and
    inserting ``2021''.
        Sec. 206.  Section 6002(g)(4) of the Omnibus Public Land Management
    Act of 2009 (Public Law 111-11) is amended by striking ``2020'' and
    inserting ``2021''.
        Sec. 207. (a) Section 104(c) of the Reclamation States Emergency
    Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by
    striking``2020'' and inserting ``2021''.
        (b) Section 301 of the Reclamation States Emergency Drought Relief
    Act of 1991 (43 U.S.C. 2241) is amended by striking ``2020'' and
    inserting ``2021''.
        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, section
    4009(a), or section 4009(c) of the Water Infrastructure Improvements
    for the Nation Act (Public Law 114-322) if such project is not named in
    this Act.

                                   TITLE III

                              DEPARTMENT OF ENERGY

                                ENERGY PROGRAMS

                     Energy Efficiency and Renewable Energy

                        (including rescissions of funds)

        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, $2,864,000,293, to
    remain available until expended:  Provided, That of such amount,
    $165,000,000 shall be available until September 30, 2022, for program
    direction:  Provided further, That of the unobligated balances
    available from amounts appropriated in Public Law 111-8 under this
    heading, $806,831 is hereby rescinded:  Provided further, That of the
    unobligated balances available from amounts appropriated in Public Law
    111-85 under this heading, $1,433,462 is hereby rescinded:  Provided
    further, That no amounts may be rescinded under the previous two
    provisos 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.

             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, $156,000,000, to remain available until expended:  Provided,
    That of such amount, $12,000,000 shall be available until September 30,
    2022, for program direction.

                                  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, $211,720,000, to remain available until
    expended:  Provided, That of such amount, $18,000,000 shall be
    available until September 30, 2022, for program direction.

                                 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, $1,507,600,000, to remain available until
    expended:  Provided, That of such amount, $75,131,000 shall be
    available until September 30, 2022, for program direction.

                     Fossil Energy Research and Development

        For Department of Energy expenses necessary in carrying out fossil
    energy 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), $750,000,000, to remain available until expended:  Provided,
    That of such amount $61,500,000 shall be available until September 30,
    2022, for program direction.

                     Naval Petroleum and Oil Shale Reserves

        For Department of Energy expenses necessary to carry out naval
    petroleum and oil shale reserve activities, $13,006,000, 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.

                          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.), $188,000,000, 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), $1,000,000, 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, $126,800,000, 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, $319,200,000, 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 2021 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.

          Uranium Enrichment Decontamination and Decommissioning Fund

        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,
    $841,000,000, to be derived from the Uranium Enrichment Decontamination
    and Decommissioning Fund, to remain available until expended, of which
    $5,000,000 shall be available in accordance with title X, subtitle A,
    of the Energy Policy Act of 1992.

                                    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
    for replacement only, $7,026,000,000, to remain available until
    expended:  Provided, That of such amount, $192,000,000 shall be
    available until September 30, 2022, for program direction:  Provided
    further, That of the amount provided under this heading in this Act,
    $2,300,000,000 is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                             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.

                   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), $427,000,000, to remain available until expended:
    Provided, That of such amount, $35,000,000 shall be available until
    September 30, 2022, for program direction.

             Title 17 Innovative Technology Loan Guarantee Program

                        (including rescission of funds)

        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 30, 2022:  Provided further, That up
    to $32,000,000 of fees collected in fiscal year 2021 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, 2022:  Provided further, That to the
    extent that fees collected in fiscal year 2021 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 2021 (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 2021 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:  Provided further, That, of the
    unobligated balances available under the heading ``Department of
    Energy--Energy Programs--Title 17--Innovative Technology Loan Guarantee
    Program'' in the American Recovery and Reinvestment Act of 2009 (Public
    Law 111-5) for the cost of guaranteed loans authorized by section 1705
    of the Energy Policy Act of 2005, $392,000,000 are hereby rescinded:
    Provided further, That the amounts rescinded pursuant to the preceding
    proviso that were previously designated by the Congress as an emergency
    requirement pursuant to section 204(a) of S. Con. Res. 21 (110th
    Congress) and section 301(b)(2) of S. Con. Res. 70 (110th Congress),
    the concurrent resolutions on the budget for fiscal years 2008 and
    2009, are 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.

            Advanced Technology Vehicles Manufacturing Loan Program

                        (including rescission of funds)

        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, 2022:
    Provided, That, of the unobligated balances available from amounts
    appropriated for the costs of direct loans in section 129 of division A
    of the Consolidated Security, Disaster Assistance, and Continuing
    Appropriations Act, 2009 (Public Law 110-329), $1,908,000,000 are
    hereby rescinded:  Provided further, That the amounts rescinded
    pursuant to the preceding proviso that were previously designated by
    the Congress as an emergency requirement pursuant to section 204(a) of
    S. Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con. Res.
    70 (110th Congress), the concurrent resolutions on the budget for
    fiscal years 2008 and 2009, are 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.

                      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, 2022.

                  Office of 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.), $22,000,000, to remain available until expended:
    Provided, That, of the amount appropriated under this heading,
    $5,000,000 shall be available until September 30, 2022, for program
    direction.

                          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.),
    $259,378,000, to remain available until September 30, 2022, 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 $93,378,000 in fiscal year
    2021 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
    2021 appropriation from the general fund estimated at not more than
    $166,000,000.

                        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,
    $57,739,000, to remain available until September 30, 2022.

                        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 aircraft, one ambulance, and two passenger buses, for
    replacement only, $15,345,000,000, to remain available until expended:
    Provided, That of such amount, $75,000,000 shall be available for the
    Uranium Reserve Program:  Provided further, That of such amount,
    $123,684,000 shall be available until September 30, 2022, for program
    direction.

                        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, $2,260,000,000, to
    remain available until expended.

                                 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, $1,684,000,000,
    to remain available until expended, of which, $91,000,000 shall be
    transferred to ``Department of Energy--Energy Programs--Nuclear
    Energy'', for the Advanced Test Reactor:  Provided, That of such
    amount, $51,700,000 shall be available until September 30, 2022, for
    program direction.

                         Federal Salaries and Expenses

        For expenses necessary for Federal Salaries and Expenses in the
    National Nuclear Security Administration, $443,200,000, to remain
    available until September 30, 2022, 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 1 passenger minivan for replacement only, $6,426,000,000,
    to remain available until expended:  Provided, That of such amount,
    $289,000,000 shall be available until September 30, 2022, for program
    direction.

                            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 property or any
    facility or for plant or facility acquisition, construction, or
    expansion, $920,000,000, to remain available until expended:  Provided,
    That of such amount, $334,948,000 shall be available until September
    30, 2022, 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 official
    reception and representation expenses in an amount not to exceed
    $5,000:  Provided, That during fiscal year 2021, 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, $7,246,000, 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 $7,246,000 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 2021 appropriation estimated at not more
    than $0:  Provided further, That notwithstanding 31 U.S.C. 3302, up to
    $52,000,000 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).

          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, $47,540,000, to remain available until 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 $37,140,000 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 2021 appropriation
    estimated at not more than $10,400,000:  Provided further, That
    notwithstanding 31 U.S.C. 3302, up to $34,000,000 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).

     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, $259,126,000, including official reception and
    representation expenses in an amount not to exceed $1,500, to remain
    available until expended, of which $259,126,000 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 $169,754,000 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 2021 appropriation
    estimated at not more than $89,372,000, of which $89,372,000 is derived
    from the Reclamation Fund:  Provided further, That notwithstanding 31
    U.S.C. 3302, up to $192,000,000 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).

               Falcon and Amistad Operating and Maintenance Fund

        For operation, maintenance, and emergency costs for the
    hydroelectric facilities at the Falcon and Amistad Dams, $5,776,000, 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 $5,548,000 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
    2021 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 2021, the
    Administrator of the Western Area Power Administration may accept up to
    $1,526,000 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

                             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, $404,350,000,
    to remain available until expended:  Provided, That notwithstanding any
    other provision of law, not to exceed $404,350,000 of revenues from
    fees and annual charges, and other services and collections in fiscal
    year 2021 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 2021 so as to result in a
    final fiscal year 2021 appropriation from the general fund estimated at
    not more than $0.

                    GENERAL PROVISIONS--DEPARTMENT OF ENERGY

                         (including transfer of funds)

        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 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 2021 until the enactment of the Intelligence
    Authorization Act for fiscal year 2021.
        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 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. (a) Of the offsetting collections, including unobligated
    balances of such collections, in the ``Department of Energy--Power
    Marketing Administration--Colorado River Basins Power Marketing Fund,
    Western Area Power Administration'', $21,400,000 shall be transferred
    to the ``Department of the Interior--Bureau of Reclamation--Upper
    Colorado River Basin Fund'' for the Bureau of Reclamation to carry out
    environmental stewardship and endangered species recovery efforts.
        (b) 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.

                                    TITLE IV

                              INDEPENDENT AGENCIES

                        Appalachian Regional Commission

        For expenses necessary to carry out the programs authorized by the
    Appalachian Regional Development Act of 1965, 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,
    $180,000,000, to remain available until expended.

                    Defense Nuclear Facilities Safety Board

                             salaries and expenses

        For expenses necessary for the Defense Nuclear Facilities Safety
    Board in carrying out activities authorized by the Atomic Energy Act of
    1954, as amended by Public Law 100-456, section 1441, $31,000,000, to
    remain available until September 30, 2022.

                            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, $30,000,000, 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, $15,000,000, 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 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 programs undertaken to carry out 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, $30,000,000, 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, $1,000,000, to remain available until expended.

                      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, $250,000, to remain available until expended.

                         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, $830,900,000, 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, 2022:
     Provided further, That revenues from licensing fees, inspection
    services, and other services and collections estimated at $710,293,000
    in fiscal year 2021 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 2021 so as to result in a final fiscal year 2021
    appropriation estimated at not more than $120,607,000.

                          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,
    $13,499,000, to remain available until September 30, 2022:  Provided,
    That revenues from licensing fees, inspection services, and other
    services and collections estimated at $11,106,000 in fiscal year 2021
    shall be retained and be available until September 30, 2022, 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 2021 so as to result in a final fiscal year
    2021 appropriation estimated at not more than $2,393,000:  Provided
    further, That of the amounts appropriated under this heading,
    $1,206,000 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, $3,600,000,
    to be derived from the Nuclear Waste Fund, to remain available until
    September 30, 2022.

                    GENERAL PROVISIONS--INDEPENDENT AGENCIES

        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 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.

                                    TITLE V

                               GENERAL PROVISIONS

                         (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.
        (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. (a) Requirements relating to non-Federal cost-share
    grants and cooperative agreements for the Delta Regional Authority
    under section 382D of the Agricultural Act of 1961 and Consolidated
    Farm and Rural Development Act (7 U.S.C. 2009aa-3) are waived for
    grants awarded in fiscal year 2020 and in subsequent years in response
    to economic distress directly related to the impacts of the Coronavirus
    Disease (COVID-19).
        (b) Requirements relating to non-Federal cost-share grants and
    cooperative agreements for the Northern Border Regional Commission
    under section 15501(d) of title 40, United States Code, are waived for
    grants awarded in fiscal year 2020 and in subsequent years in response
    to economic distress directly related to the impacts of the Coronavirus
    Disease (COVID-19).
        (c) Requirements relating to non-Federal cost-share grants and
    cooperative agreements for the Denali Commission are waived for grants
    awarded in fiscal year 2020 and in subsequent years in response to
    economic distress directly related to the impacts of the Coronavirus
    Disease (COVID-19).
        Sec. 506.  Of the unavailable collections currently in the United
    States Enrichment Corporation Fund, $291,000,000 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.
        This division may be cited as the ``Energy and Water Development
    and Related Agencies Appropriations Act, 2021''.

     DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
                                   ACT, 2021

                                    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, $233,000,000:  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 $24,000,000 shall remain available until
            September 30, 2022, 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

                         (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 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 2021, so as to result in a total appropriation from the
    general fund estimated at not more than $15,000,000.

                 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, $175,000,000, 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
    $10,000,000 shall remain available until September 30, 2022.

                       cybersecurity enhancement account

        For salaries and expenses for enhanced cybersecurity for systems
    operated by the Department of the Treasury, $18,000,000, to remain
    available until September 30, 2023:  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 $1,000,000 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

                         (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, 2023:  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''.

                          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,
    $41,044,000, 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, 2022, 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; $170,250,000, of which $5,000,000 shall remain
    available until September 30, 2022; 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), $19,000,000.

                      Financial Crimes Enforcement Network

                             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 $12,000 for
    official reception and representation expenses; and for assistance to
    Federal law enforcement agencies, with or without reimbursement,
    $126,963,000, of which not to exceed $34,335,000 shall remain available
    until September 30, 2023.

                          Bureau of the Fiscal Service

                             salaries and expenses

        For necessary expenses of operations of the Bureau of the Fiscal
    Service, $345,569,000; of which not to exceed $8,000,000, to remain
    available until September 30, 2023, 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,
    $124,337,000; 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, 2022, 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 2021 under such section 5136 for circulating coinage and
    protective service capital investments of the United States Mint shall
    not exceed $50,000,000.

       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, $270,000,000. Of the amount
    appropriated under this heading--
                (1) not less than $167,000,000, 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, 2022, 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 $2,374,500 may be used for the
            cost of direct loans, of which up to $6,000,000,
            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 $16,500,000, notwithstanding section
            108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
            until September 30, 2022, 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 $26,000,000 is available until September
            30, 2022, 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, 2022, 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 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, 2022, 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 $29,000,000 is available until September 30,
            2021, 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 development of tools to
            better assess and inform CDFI investment performance, and up to
            $300,000 is for administrative expenses to carry out the direct
            loan program; and
                (7) during fiscal year 2021, 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, 2021:  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.

                            Internal Revenue Service

                               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, $2,555,606,000, 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, 2022, shall be available for the
    Community Volunteer Income Tax Assistance Matching Grants Program for
    tax return preparation assistance, and of which not less than
    $211,000,000 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, $5,212,622,000, of which not to exceed
    $250,000,000 shall remain available until September 30, 2022; of which
    not less than $60,257,000 shall be for the Interagency Crime and Drug
    Enforcement program; and of which not to exceed $15,000,000 shall be
    for investigative technology for the Criminal Investigation Division:
    Provided, 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.

                               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; $3,928,102,000, of which not to exceed $275,000,000 shall
    remain available until September 30, 2022; 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, 2023, 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; and of which not to
    exceed $20,000 shall be for official reception and representation
    expenses:  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:  Provided
    further, That the Internal Revenue Service shall include, in its budget
    justification for fiscal year 2022, a summary of cost and schedule
    performance information for its major information technology systems.

                         business systems modernization

        For necessary expenses of the Internal Revenue Service's business
    systems modernization program, $222,724,000, to remain available until
    September 30, 2023, 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)

        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.
        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).

             Administrative Provisions--Department of the Treasury

                         (including transfers of funds)

        Sec. 111.  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. 112.  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. 113.  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. 114.  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. 115.  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. 116.  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. 117.  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 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. 118.  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
    2021 until the enactment of the Intelligence Authorization Act for
    Fiscal Year 2021.
        Sec. 119.  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. 120.  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. 121.  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. 122.  During fiscal year 2021--
                (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. 123. (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, 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. 124.  In addition to the amounts otherwise made available to
    the Department of the Treasury, $25,000,000, to remain available until
    expended, shall be for expenses associated with digitization and
    distribution of the Department's records of matured savings bonds that
    have not been redeemed.
        This title may be cited as the ``Department of the Treasury
    Appropriations Act, 2021''.

                                    TITLE II

        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, $55,000,000.

                     Executive Residence at the White House

                               operating expenses

        For necessary expenses of the Executive Residence at the White
    House, $13,641,000, to be expended and accounted for as provided by 3
    U.S.C. 105, 109, 110, and 112-114.

                             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.

                       White House Repair and 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.

                          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.), $4,000,000.

            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, $12,150,000 of which not to exceed $5,000 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, $100,000,000, 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.

                 Presidential Transition Administrative Support

                         (including transfer of funds)

        For expenses of the Office of Administration to carry out the
    Presidential Transition Act of 1963, as amended, and similar expenses,
    in addition to amounts otherwise appropriated by law, $8,000,000:
    Provided, That such funds may be transferred to other accounts that
    provide funding for offices within the Executive Office of the
    President and the Office of the Vice President in this Act or any other
    Act, to carry out such purposes.

                        Office of Management and Budget

                             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, $106,600,000, 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 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.

                 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,
    $1,800,000.

                     Office of National Drug Control Policy

                             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, $18,400,000:
    Provided, That the Office is authorized to accept, hold, administer,
    and utilize gifts, both real and personal, public and 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)

        For necessary expenses of the Office of National Drug Control
    Policy's High Intensity Drug Trafficking Areas Program, $290,000,000,
    to remain available until September 30, 2022, 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 $2,700,000 may be used for auditing
    services and associated activities:  Provided further, That any
    unexpended funds obligated prior to fiscal year 2019 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, 2020, shall be funded at not less than the fiscal year
    2020 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 2021 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

                         (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, $128,182,000, to remain
    available until expended, which shall be available as follows:
    $102,000,000 for the Drug-Free Communities Program, 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 assistance; $14,000,000 for anti-doping
    activities; up to $2,932,000 for the United States membership dues to
    the World Anti-Doping Agency; $1,250,000 for the Model Acts Program;
    and $5,000,000 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.

                              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, 2022.

                  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, $12,500,000, 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, $4,698,000.

                    Official Residence of the Vice President

                               operating expenses

                         (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), $302,000:  Provided, That
    advances, repayments, or transfers from this appropriation may be made
    to any department or agency for expenses of carrying out such
    activities.

    Administrative Provisions--Executive Office of the President and Funds
                         Appropriated to the President

                         (including transfer of funds)

        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 2021, 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 2021; and
                (3) the impact on revenues of the Federal Government as the
            result of such order or memorandum over the 5-fiscal-year
            period beginning in fiscal year 2021.
        (c) If an Executive order or Presidential memorandum is issued
    during fiscal year 2021 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.
        This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2021''.

                                   TITLE III

                                 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, $94,690,000, 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, $10,618,000, 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, $33,500,000.
        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, $20,000,000.
        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, and Other Judicial Services

                             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, $5,393,701,000 (including the purchase 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
    $9,900,000, 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, $1,316,240,000, 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)), $32,517,000, 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

                         (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 operations, and the
    procurement, installation, and maintenance of security systems and
    equipment for United States courthouses and other facilities housing
    Federal court operations, including 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), $664,011,000, 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.

               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, $95,675,000, 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, $29,015,000; of which $1,800,000 shall
    remain available through September 30, 2022, 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

                             salaries and expenses

        For the salaries and expenses necessary to carry out the provisions
    of chapter 58 of title 28, United States Code, $19,965,000, of which
    not to exceed $1,000 is authorized for official reception and
    representation expenses.

                    Administrative Provisions--The Judiciary

                         (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 ``29 years and 6 months'' and inserting
            ``30 years and 6 months''; and
                (2) in the sixth sentence (relating to the District of
            Hawaii), by striking ``26 years and 6 months'' and inserting
            ``27 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 ``27 years and 6 months'' and
    inserting ``28 years and 6 months''.
        (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 ``18 years'' and
            inserting ``19 years'';
                (2) in the second sentence (relating to the central
            District of California), by striking ``17 years and 6 months''
            and inserting ``18 years and 6 months''; and
                (3) in the third sentence (relating to the western district
            of North Carolina), by striking ``16 years'' and inserting ``17
            years''.
        This title may be cited as the ``Judiciary Appropriations Act,
    2021''.

                                    TITLE IV

                              DISTRICT OF COLUMBIA

                                 Federal Funds

                  federal payment for resident tuition support

        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.

       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,
    $38,400,000, to remain available until expended, for an additional
    amount for fiscal year 2021, for the costs of providing public safety
    at events related to the presence of the National Capital in the
    District of Columbia, including support 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:  Provided, That, of the amount provided under this
    heading in this Act, $21,872,372 shall be used for costs associated
    with the Presidential Inauguration held in January 2021, and shall be
    in addition to the amount made available for this purpose in section
    131 of the Continuing Appropriations Act, 2021 and Other Extensions Act
    (Public Law 116-159).

               federal payment to the district of columbia courts

        For salaries and expenses for the District of Columbia Courts,
    $250,088,000 to be allocated as follows: for the District of Columbia
    Court of Appeals, $14,682,000, of which not to exceed $2,500 is for
    official reception and representation expenses; for the Superior Court
    of the District of Columbia, $125,660,000, of which not to exceed
    $2,500 is for official reception and representation expenses; for the
    District of Columbia Court System, $79,247,000, of which not to exceed
    $2,500 is for official reception and representation expenses; and
    $30,499,000, to remain available until September 30, 2022, 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.

      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 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

        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,
    $245,923,000, 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,
    $179,180,000 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:   Provided further, That, of
    the funds appropriated under this heading, $66,743,000 shall be
    available to the Pretrial Services Agency, of which $459,000 shall
    remain available until September 30, 2023, 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.

      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, $46,212,000:  Provided, 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.

          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,
    2022, to the Commission on Judicial Disabilities and Tenure, $325,000,
    and for the Judicial Nomination Commission, $275,000.

                     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.

          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 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 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 2021 Local Budget Act of 2020 (D.C. Act 23-408) 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 2021 under this
    heading shall not exceed the estimates included in the Fiscal Year 2021
    Local Budget Act of 2020, 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 2021, 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, 2021''.

                                    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, 2022, of which not to exceed
    $1,000 is for official reception and representation expenses.

                      Commodity Futures Trading Commission

                         (including transfers 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, $304,000,000,
    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, 2022, and of
    which not less than $3,568,000 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.

                       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, $135,000,000, of which
    $1,300,000 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).

          administrative provision--consumer product safety commission

        Sec. 501.  During fiscal year 2021, 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--
                        (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

                         (including transfer of funds)

        For necessary expenses to carry out the Help America Vote Act of
    2002 (Public Law 107-252), $17,000,000, of which $1,500,000 shall be
    transferred to the National Institute of Standards and Technology for
    election reform activities authorized under the Help America Vote Act
    of 2002.

                       Federal Communications Commission

                             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, $341,000,000, to remain available until expended:  Provided, That
    in addition, $33,000,000, shall be made available until expended for
    implementing title VIII of the Communications Act of 1934 (47 U.S.C.
    641 et seq.), as added by the Broadband DATA Act (Public Law 116-130):
    Provided further, That $374,000,000 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 2021 so as to result in a
    final fiscal year 2021 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 $134,495,000 for fiscal year
    2021:  Provided further, That, of the amount appropriated under this
    heading, not less than $11,326,800 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, 2020''
    each place it appears and inserting ``December 31, 2021''.
        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.

                     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,
    $42,982,000, 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, $71,497,000, of which not to exceed
    $5,000 shall be available for reception and representation expenses.

                       Federal Labor Relations Authority

                             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 elsewhere,
    $26,600,000:  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

                         (including transfer of funds)

        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:  Provided, That funds appropriated in prior
    appropriations Acts under the heading ``General Services
    Administration--General Activities--Environmental Review Improvement
    Fund'' shall be transferred to and merged with this account.

                            Federal Trade Commission

                             salaries and expenses

        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, $351,000,000, 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 $150,000,000
    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 $19,000,000 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 2021, so as to result in a final fiscal
    year 2021 appropriation from the general fund estimated at not more
    than $182,000,000:  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).

                        General Services Administration

                            real property activities

                             federal buildings fund

                     limitations on availability of revenue

                         (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 $9,065,489,000, of which--
                (1) $230,000,000 shall remain available until expended for
            construction and acquisition (including funds for sites and
            expenses, and associated design and construction services) as
            follows:
                        (A) $135,500,000 shall be for the United States
                    Courthouse, Hartford, Connecticut; and
                        (B) $94,500,000 shall be for the United States
                    Courthouse, Chattanooga, Tennessee:
              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 a greater
            amount;
                (2) $576,581,000 shall remain available until expended for
            repairs and alterations, including associated design and
            construction services, of which--
                        (A) $203,908,000 is for Major Repairs and
                    Alterations; and
                        (B) $372,673,000 is for Basic Repairs and
                    Alterations:
              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 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:
            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 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) $5,725,464,000 for rental of space to remain available
            until expended; and
                (4) $2,533,444,000 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:  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
            2021, 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.

                               general activities

                             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; $64,000,000.

                               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; agency-wide
    policy direction, management, and communications; and services as
    authorized by 5 U.S.C. 3109; $49,440,000, of which $26,890,000 is for
    Real and Personal Property Management and Disposal; and of which
    $22,550,000 is for the Office of the Administrator, 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,
    $9,301,000, of which $2,000,000 shall remain available until September
    30, 2022.

                          office of inspector general

        For necessary expenses of the Office of Inspector General and
    service authorized by 5 U.S.C. 3109, $67,000,000:  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, $4,400,000.

                         federal citizen services fund

                         (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 $100,000,000:
    Provided further, That appropriations, revenues, reimbursements, and
    collections accruing to this Fund during fiscal year 2021 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, 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 Policymaking Act (Public Law 115-
    435):  Provided further, That the transfer authorities provided herein
    shall be in addition to any other transfer authority provided in this
    Act.

                       expenses, presidential transition

                         (including transfers of funds)

        For necessary expenses to carry out the Presidential Transition Act
    of 1963 (3 U.S.C. 102 note) and 40 U.S.C. 581(e), $9,900,000, of which
    not to exceed $1,000,000 is for activities authorized by sections
    3(a)(8) and 3(a)(9) of the Act:  Provided, That such amounts may be
    transferred and credited to the ``Acquisition Services Fund'' or
    ``Federal Buildings Fund'' to reimburse obligations incurred prior to
    enactment of this Act for the purposes provided herein related to the
    Presidential election in 2020:  Provided further, That amounts
    available under this heading shall be in addition to any other amounts
    available for such purposes:  Provided further, That in the case where
    the President-elect is the incumbent President or in the case where the
    Vice-President-elect is the incumbent Vice President, $8,900,000 is
    hereby permanently rescinded, pursuant to section 3(g) of the
    Presidential Transition Act of 1963.

                         technology modernization fund

        For the Technology Modernization Fund, $25,000,000, to remain
    available until expended, for technology-related modernization
    activities.

                    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), $16,000,000, to remain
    available until expended.

           administrative provisions--general services administration

                         (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 2021 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 2022
    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.
        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 each project funded under the heading
    ``Major Repairs and Alterations'', and 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.

                     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, $2,000,000, 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, $44,490,000, to remain available until
    September 30, 2022, and in addition not to exceed $2,345,000, to remain
    available until September 30, 2022, 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

                         (including transfer of funds)

        For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
    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).

                     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, $3,200,000, 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, $377,000,000, of which $9,230,000 shall remain available
    until expended for improvements 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, $4,823,000.

                            repairs and restoration

        For the repair, alteration, and improvement of archives facilities,
    and to provide adequate storage for holdings, $9,500,000, to remain
    available until expended.

             national historical publications and records commission

                                 grants program

        For necessary expenses for allocations and grants for historical
    publications and records as authorized by 44 U.S.C. 2504, $6,500,000,
    to remain available until expended.

                      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, $1,500,000 shall be
    available until September 30, 2022, 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 Stop Trading on Congressional
    Knowledge Act of 2012, 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, $18,600,000.

                         Office of Personnel Management

                             salaries and expenses

                      (including transfer 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, $160,130,000:
    Provided, That of the total amount made available under this heading,
    at least $9,000,000 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,
    not less than $350,000 shall be used to hire additional congressional
    liaisons:  Provided further, That of the total amount made available
    under this heading, $1,068,000 may be 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 $169,625,000 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 2021, 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.

                          office of inspector general

                             salaries and expenses

                      (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, $5,000,000, and in addition, not to exceed $27,265,000
    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, 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; $29,500,000.

                          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), $17,000,000, 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), $8,500,000, to
    remain available until September 30, 2022.

                         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), $3,500,000, to remain available until expended.

                       Securities and Exchange Commission

                             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, $1,894,835,000, to remain available until
    expended; of which not less than $16,313,000 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 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 District of Columbia headquarters, not to exceed
    $18,650,000, 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 $12,677,000, 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
    2021, all amounts appropriated under this heading shall be deemed to be
    the regular appropriation to the Commission for fiscal year 2021:
    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 $1,894,835,000 of such offsetting collections shall be available
    until expended for necessary expenses of this account; not to exceed
    $18,650,000 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 District of
    Columbia headquarters facilities; and not to exceed $12,677,000 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 2021 shall be
    reduced as such offsetting fees are received so as to result in a final
    total fiscal year 2021 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 District of Columbia
    headquarters office facilities or if any amount of the appropriation
    for costs associated with a replacement lease for the Commission's San
    Francisco Regional Office 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 2021.

                            Selective Service System

                             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 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; $26,000,000:
    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.

                         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, $270,157,000, 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 2021:  Provided
    further, That $6,100,000 shall be available for the Loan Modernization
    and Accounting System, to be available until September 30, 2022.

                      entrepreneurial development programs

        For necessary expenses of programs supporting entrepreneurial and
    small business development, $272,000,000, to remain available until
    September 30, 2022:  Provided, That $136,000,000 shall be available to
    fund grants for performance in fiscal year 2021 or fiscal year 2022 as
    authorized by section 21 of the Small Business Act:  Provided further,
    That $35,000,000 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 $19,500,000 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)).

                          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,
    $22,011,000.

                               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.), $9,190,000, to remain available until expended.

                         business loans program account

                         (including transfer of funds)

        For the cost of direct loans, $5,000,000, to remain available until
    expended, and for the cost of guaranteed loans as authorized by section
    7(a) of the Small Business Act (Public Law 83-163), $15,000,000, 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 2021 commitments to guarantee loans under section 503 of the Small
    Business Investment Act of 1958 shall not exceed $7,500,000,000:
    Provided further, That during fiscal year 2021 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 2021 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 $7,500,000,000:  Provided further, That
    during fiscal year 2021 commitments to guarantee loans for debentures
    under section 303(b) of the Small Business Investment Act of 1958 shall
    not exceed $4,000,000,000:  Provided further, That during fiscal year
    2021, 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, $160,300,000, which may be
    transferred to and merged with the appropriations for Salaries and
    Expenses.

                         disaster loans program account

                         (including transfers of funds)

        For administrative expenses to carry out the direct loan program
    authorized by section 7(b) of the Small Business Act, $168,075,000, 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 $158,075,000 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,
    $142,864,000 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 major disasters
    under this heading is designated by Congress as being for disaster
    relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 (Public Law 99-177).

            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, 2024.

                          United States Postal Service

                       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, $55,333,000:  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 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,
    $250,000,000, 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

        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; $56,100,000, 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)

        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 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 2021, 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 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 2021 from appropriations made available for salaries
    and expenses for fiscal year 2021 in this Act, shall remain available
    through September 30, 2022, 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 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.
        (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.
        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 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 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.  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. 632.  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. 633.  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. 634.  Of the unobligated balances available in the Department
    of the Treasury, Treasury Forfeiture Fund, established by section 9703
    of title 31, United States Code, $75,000,000 shall be permanently
    rescinded not later than September 30, 2021.
        Sec. 635.  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.

                                   TITLE VII

                      GENERAL PROVISIONS--GOVERNMENT-WIDE

                    Departments, Agencies, and Corporations

                         (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 2021 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 police-type 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-of-living
    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 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 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--
                (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 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 multi-agency 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 2021 shall remain available for obligation
    through September 30, 2022:  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.
                (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 Center is authorized to obtain the temporary use
    of additional facilities by lease, contract, or other agreement for
    training which cannot be accommodated in existing Center 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 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 2021, 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 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 2021, 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
            2021, 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 2021, 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 2021 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 2021 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, 2020, 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, 2020, 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, 2020.
        (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
    2021 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, 2020.
        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 2021 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
                        (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 2021 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.
        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 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 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 2021, 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.  If, for fiscal year 2021, new budget authority provided
    in appropriations Acts exceeds the discretionary spending limit for any
    category set forth in section 251(c) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 due to estimating differences
    with the Congressional Budget Office, an adjustment to the
    discretionary spending limit in such category for fiscal year 2021
    shall be made by the Director of the Office of Management and Budget in
    the amount of the excess but the total of all such adjustments shall
    not exceed 0.2 percent of the sum of the adjusted discretionary
    spending limits for all categories for that fiscal year.
        Sec. 748. (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 2021 shall be the rate payable to
    the Vice President on December 31, 2020, by operation of section 749 of
    division C of Public Law 116-93.
        (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 2021 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,
    2020, by operation of section 749 of division C of Public Law 116-93.
    Such an employee may not receive a rate increase during calendar year
    2021, 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 2021,
            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 2021, 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 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, 2020, by operation of section 749 of division C of Public Law 116-
    93.
        (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, 2020, by operation of section 749 of division C
    of Public Law 116-93.
        (k) If an employee affected by this section is subject to a
    biweekly pay period that begins in calendar year 2021 but ends in
    calendar year 2022, 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, 2021.
        Sec. 749.  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.

                                   TITLE VIII

                    GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                         (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 2021, 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 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, 2021.
        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
                (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 2021 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.
        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 2021 from appropriations
    of Federal funds made available for salaries and expenses for fiscal
    year 2021 in this Act, shall remain available through September 30,
    2022, 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 2022, 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 2022 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 2022 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--
                (1) during any period in which a District of Columbia
            continuing resolution for fiscal year 2022 is in effect; or
                (2) upon the enactment into law of the regular District of
            Columbia appropriation bill for fiscal year 2022.
        (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 2022 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 2022 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.

                                    TITLE IX

                      GENERAL PROVISION--EMERGENCY FUNDING

        Sec. 901.  For an additional amount for ``Records Center Revolving
    Fund'' for the Federal Record Centers Program, $50,000,000, to remain
    available until September 30, 2022, to prevent, prepare for, and
    respond to coronavirus, domestically or internationally, which shall be
    for offsetting the loss resulting from the coronavirus pandemic of the
    user charges collected by such Fund pursuant to subsection (c) under
    the heading ``Records Center Revolving Fund'' in Public Law 106-58, as
    amended (44 U.S.C. 2901 note):  Provided, That the amount provided
    under this section in this Act may be used to reimburse the Fund for
    obligations incurred for this purpose prior to the date of the
    enactment of this Act:  Provided further, That such amount is provided
    without regard to the limitation in subsection (d) under the heading
    ``Records Center Revolving Fund'' in Public Law 106-58, as amended (44
    U.S.C. 2901 note):  Provided further, That the amount provided under
    this section in this Act may be used to accelerate processing of
    requests for military service records received during the pandemic:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.
        This division may be cited as the ``Financial Services and General
    Government Appropriations Act, 2021''.

      DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021

                                    TITLE I

        DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

                Office of the Secretary and Executive Management

                             operations and support

        For necessary expenses of the Office of the Secretary and for
    executive management for operations and support, $180,819,000; of which
    $20,000,000 shall be for the Office of the Ombudsman for Immigration
    Detention, of which $5,000,000 shall remain available until September
    30, 2022:  Provided, That not to exceed $30,000 shall be for official
    reception and representation expenses.

                               federal assistance

                         (including transfers of funds)

        For necessary expenses of the Office of the Secretary and for
    executive management for Federal assistance through grants, contracts,
    cooperative agreements, and other activities, $25,000,000, which shall
    be transferred to the Federal Emergency Management Agency, of which
    $20,000,000 shall be for targeted violence and terrorism prevention
    grants and of which $5,000,000 shall be for an Alternatives to
    Detention Case Management pilot program, to remain available until
    September 30, 2022:  Provided, That the amounts made available for the
    pilot program shall be awarded to nonprofit organizations and local
    governments and administered by a National Board, which shall be
    chaired by the Officer for Civil Rights and Civil Liberties, for the
    purposes of providing case management services, including but not
    limited to: mental health services; human and sex trafficking
    screening; legal orientation programs; cultural orientation programs;
    connections to social services; and for individuals who will be
    removed, reintegration services:  Provided further, That such services
    shall be provided to each individual enrolled into the U.S. Immigration
    and Customs Enforcement Alternatives to Detention program in the
    geographic areas served by the pilot program:  Provided further, That
    any such individual may opt out of receiving such services after
    providing written informed consent:  Provided further, That not to
    exceed $350,000 shall be for the administrative costs of the Department
    of Homeland Security for the pilot program.

                             Management Directorate

                             operations and support

        For necessary expenses of the Management Directorate for operations
    and support, $1,398,162,000:  Provided, That not to exceed $2,000 shall
    be for official reception and representation expenses.

                  procurement, construction, and improvements

        For necessary expenses of the Management Directorate for
    procurement, construction, and improvements, $214,795,000, of which
    $159,611,000 shall remain available until September 30, 2023; and of
    which $55,184,000 shall remain available until September 30, 2025.

                           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,
    $298,500,000, of which $82,620,000 shall remain available until
    September 30, 2022:  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, $190,186,000:  Provided, That not to exceed
    $300,000 may be used for certain confidential operational expenses,
    including the payment of informants, to be expended at the direction of
    the Inspector General.

                           Administrative Provisions

        Sec. 101. (a) The Secretary of Homeland Security shall submit a
    report not later than October 15, 2021, 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 2020 or 2021.
        (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, 2022.
        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 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.  Section 107 of the Department of Homeland Security
    Appropriations Act, 2018 (division F of Public Law 115-141), related to
    visa overstay data and border security metrics, shall apply in fiscal
    year 2021, except that the reference to ``this Act'' shall be treated
    as referring to this Act, and the reference to ``2017'' shall be
    treated as referring to ``2020''.

                                    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
    minor aliens; 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; $12,908,923,000; of which $3,274,000 shall be derived
    from the Harbor Maintenance Trust Fund for administrative expenses
    related to the collection of the Harbor Maintenance Fee pursuant to
    section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
    9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
    Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall
    be available until September 30, 2022; 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.

                  procurement, construction, and improvements

        For necessary expenses of U.S. Customs and Border Protection for
    procurement, construction, and improvements, including procurement of
    marine vessels, aircraft, and unmanned aerial systems, $1,839,634,000,
    of which $322,235,000 shall remain available until September 30, 2023,
    and of which $1,517,399,000 shall remain available until September 30,
    2025.

                    U.S. Immigration and Customs Enforcement

                             operations and support

        For necessary expenses of U.S. Immigration and Customs Enforcement
    for operations and support, including the purchase and lease of up to
    3,790 (2,350 for replacement only) police-type vehicles; overseas
    vetted units; and maintenance, minor construction, and minor leasehold
    improvements at owned and leased facilities; $7,875,730,000; 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, 2022; 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 $4,118,902,000 shall be for enforcement, detention, and
    removal operations, including transportation of unaccompanied minor
    aliens:  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.

                  procurement, construction, and improvements

        For necessary expenses of U.S. Immigration and Customs Enforcement
    for procurement, construction, and improvements, $97,799,000, of which
    $24,538,000 shall remain available until September 30, 2023, and of
    which $73,261,000 shall remain available until September 30, 2025.

                     Transportation Security Administration

                             operations and support

        For necessary expenses of the Transportation Security
    Administration for operations and support, $7,793,715,000, to remain
    available until September 30, 2022:  Provided, That not to exceed
    $7,650 shall be for official reception and representation expenses:
    Provided further, That security service fees authorized under section
    44940 of title 49, United States Code, shall be credited to this
    appropriation as offsetting collections and shall be available only for
    aviation security:  Provided further, That the sum appropriated under
    this heading from the general fund shall be reduced on a dollar-for-
    dollar basis as such offsetting collections are received during fiscal
    year 2021 so as to result in a final fiscal year appropriation from the
    general fund estimated at not more than $4,853,715,000.

                  procurement, construction, and improvements

        For necessary expenses of the Transportation Security
    Administration for procurement, construction, and improvements,
    $134,492,000, to remain available until September 30, 2023.

                            research and development

        For necessary expenses of the Transportation Security
    Administration for research and development, $29,524,000, to remain
    available until September 30, 2022.

                                  Coast Guard

                             operations and support

        For necessary expenses of the Coast Guard for operations and
    support including the Coast Guard Reserve; purchase or lease of not to
    exceed 25 passenger motor vehicles, which shall be for replacement
    only; purchase or lease of small boats for contingent and emergent
    requirements (at a unit cost of not more than $700,000) and repairs and
    service-life replacements, not to exceed a total of $31,000,000;
    purchase, lease, or improvements of boats necessary for overseas
    deployments and activities; payments pursuant to section 156 of Public
    Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
    welfare; $8,485,146,000, 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 $11,000,000 shall remain available until September 30, 2023; of
    which $21,186,000 shall remain available until September 30, 2025, for
    environmental compliance and restoration; and of which $70,000,000
    shall remain available until September 30, 2022, for vessel depot level
    maintenance:  Provided, That not to exceed $23,000 shall be for
    official reception and representation expenses.

                  procurement, construction, and improvements

        For necessary expenses of the Coast Guard for procurement,
    construction, and improvements, including aids to navigation, shore
    facilities (including facilities at Department of Defense installations
    used by the Coast Guard), and vessels and aircraft, including equipment
    related thereto, $2,264,041,000, to remain available until September
    30, 2025; of which $20,000,000 shall be derived from the Oil Spill
    Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
    the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).

                            research and development

        For necessary expenses of the Coast Guard for research and
    development; and for maintenance, rehabilitation, lease, and operation
    of facilities and equipment; $10,276,000, to remain available until
    September 30, 2023, 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, $1,869,704,000, to remain available until expended.

                          United States Secret Service

                             operations and support

        For necessary expenses of the United States Secret Service for
    operations and support, including purchase of not to exceed 652
    vehicles for police-type use for replacement only; hire of passenger
    motor vehicles; purchase of motorcycles made in the United States; hire
    of aircraft; rental of buildings in the District of Columbia; fencing,
    lighting, guard booths, and other facilities on private or other
    property not in Government ownership or control, as may be necessary to
    perform protective functions; conduct of and participation in firearms
    matches; presentation of awards; conduct of behavioral research in
    support of protective intelligence and operations; payment in advance
    for commercial accommodations as may be necessary to perform protective
    functions; and payment, without regard to section 5702 of title 5,
    United States Code, of subsistence expenses of employees who are on
    protective missions, whether at or away from their duty stations;
    $2,373,109,000; of which $41,807,000 shall remain available until
    September 30, 2022, and of which $6,000,000 shall be for a grant for
    activities related to investigations of missing and exploited children;
    and of which up to $15,000,000 may be for calendar year 2020 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 amended by Public Law 115-383:
    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, $52,955,000, to remain
    available until September 30, 2023.

                            research and development

        For necessary expenses of the United States Secret Service for
    research and development, $11,937,000, to remain available until
    September 30, 2022.

                           Administrative Provisions

        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 2021''
    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 States-
    Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
    42), fees collected from passengers arriving from Canada, Mexico, or an
    adjacent island pursuant to section 13031(a)(5) of the Consolidated
    Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
    be available until expended.
        Sec. 204.  For an additional amount for ``U.S. Customs and Border
    Protection--Operations and Support'', $31,000,000, to remain available
    until expended, to be reduced by amounts collected and credited to this
    appropriation in fiscal year 2021 from amounts authorized to be
    collected by section 286(i) of the Immigration and Nationality Act (8
    U.S.C. 1356(i)), section 10412 of the Farm Security and Rural
    Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade
    Facilitation and Trade Enforcement Act of 2015 (Public Law 114-25), or
    other such authorizing language:  Provided, That to the extent that
    amounts realized from such collections exceed $31,000,000, those
    amounts in excess of $31,000,000 shall be credited to this
    appropriation, to remain available until expended.
        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.  Notwithstanding any other provision of law, none of the
    funds provided in this or any other Act shall be used to approve a
    waiver of the navigation and vessel-inspection laws pursuant to section
    501(b) of title 46, United States Code, for the transportation of crude
    oil distributed from and to the Strategic Petroleum Reserve until the
    Secretary of Homeland Security, after consultation with the Secretaries
    of the Departments of Energy and Transportation and representatives
    from the United States flag maritime industry, takes adequate measures
    to ensure the use of United States flag vessels:  Provided, That the
    Secretary shall notify the Committees on Appropriations of the Senate
    and the House of Representatives, the Committee on Commerce, Science,
    and Transportation of the Senate, and the Committee on Transportation
    and Infrastructure of the House of Representatives within 2 business
    days of any request for waivers of navigation and vessel-inspection
    laws pursuant to section 501(b) of title 46, United States Code, with
    respect to such transportation, and the disposition of such requests.
        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.  Not later than 90 days after the date of enactment of
    this Act, the Secretary of Homeland Security shall submit an
    expenditure plan for any amounts made available for ``U.S. Customs and
    Border Protection--Procurement, Construction, and Improvements'' in
    this Act and prior Acts to the Committees on Appropriations of the
    Senate and the House of Representatives:  Provided, That no such
    amounts 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'',
    $464,634,000 shall be available only as follows:
                (1) $160,530,000 for the acquisition and deployment of
            border security technologies and trade and travel assets and
            infrastructure;
                (2) $142,399,000 for facility construction and
            improvements;
                (3) $119,076,000 for integrated operations assets and
            infrastructure; and
                (4) $42,629,000 for mission support and infrastructure.
        Sec. 210.  Of the total amount made available under ``U.S. Customs
    and Border Protection--Procurement, Construction, and Improvements'',
    an amount equal to the amount made available in section 209(a)(1) of
    division D of the Consolidated Appropriations Act, 2020 (Public Law
    116-93) shall be made available for the same purposes as the amount
    provided under such section in such Act.
        Sec. 211.  Federal funds may not be made available for the
    construction of fencing--
                (1) within the Santa Ana Wildlife Refuge;
                (2) within the Bentsen-Rio Grande Valley State Park;
                (3) within La Lomita Historical park;
                (4) within the National Butterfly Center;
                (5) within or east of the Vista del Mar Ranch tract of the
            Lower Rio Grande Valley National Wildlife Refuge; or
                (6) within historic cemeteries.
        Sec. 212.  Funds made available in this Act may be used to alter
    operations within the National Targeting Center of U.S. Customs and
    Border Protection:  Provided, That none of the funds provided by this
    Act, provided by previous appropriations Acts that remain available for
    obligation or expenditure in fiscal year 2021, 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. 213.  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. 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.
        (b) Beginning not later than January 1, 2021, the performance
    evaluations referenced in subsection (a) shall be conducted by the U.S.
    Immigration and Customs Enforcement Office of Professional
    Responsibility.
        Sec. 216.  The reports required to be submitted under section 218
    of the Department of Homeland Security Appropriations Act, 2020
    (division D of Public Law 116-93) shall continue to be submitted with
    respect to the period beginning 15 days after the date of the enactment
    of this Act and semimonthly thereafter, and each matter required to be
    included in such report by such section 218 shall apply in the same
    manner and to the same extent during the period described in this
    section, except that for purposes of reports submitted with respect to
    such period described, the following additional requirements shall be
    treated as being included as subparagraphs (H) through (J) of paragraph
    (1) of such section 218--
                (1) the average lengths of stay, including average post-
            determination length of stay in the case of detainees described
            in subparagraph (F), for individuals who remain in detention as
            of the last date of each such reporting period;
                (2) the number who have been in detention, disaggregated by
            the number of detainees described in subparagraph (F), for each
            of the following--
                        (A) over 2 years;
                        (B) from over 1 year to 2 years;
                        (C) from over 6 months to 1 year; and
                        (D) for less than 6 months; and
                (3) the number of individuals described in section 115.5 of
            title 28, Code of Federal Regulations, including the use and
            duration of solitary confinement for such person.
        Sec. 217.  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. 218.  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. 219.  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. 220.  Notwithstanding section 44923 of title 49, United States
    Code, for fiscal year 2021, 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. 221.  None of the funds made available by this or any other
    Act may be used by the Administrator of the Transportation Security
    Administration to implement, administer, or enforce, in abrogation of
    the responsibility described in section 44903(n)(1) of title 49, United
    States Code, any requirement that airport operators provide airport-
    financed staffing to monitor exit points from the sterile area of any
    airport at which the Transportation Security Administration provided
    such monitoring as of December 1, 2013.
        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).
        Sec. 223.  Section 225 of division A of Public Law 116-6 (49 U.S.C.
    44901 note; relating to a pilot program for screening outside of an
    existing primary passenger terminal screening area) is amended in
    subsection (e) by striking ``2021'' and inserting ``2023''.
        Sec. 224.  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'':  Provided,
    That 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. 225.  Without regard to the limitation as to time and
    condition of section 503(d) of this Act, after June 30, up to
    $10,000,000 may be reprogrammed to or from the Military Pay and
    Allowances funding category within ``Coast Guard--Operations and
    Support'' in accordance with subsection (a) of section 503 of this Act.
        Sec. 226.  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. 227.  Of the funds made available for defense-related
    activities under the heading ``Coast Guard--Operations and Support'',
    up to $190,000,000 that are used for enduring overseas missions in
    support of the global fight against terror may be reallocated by
    program, project, and activity, notwithstanding section 503 of this
    Act.
        Sec. 228.  None of the funds in this Act shall be used to reduce
    the Coast Guard's Operations Systems Center mission or its government-
    employed or contract staff levels.
        Sec. 229.  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. 230.  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. 231.  Amounts deposited into the Coast Guard Housing Fund in
    fiscal year 2021 shall be available until expended to carry out the
    purposes of section 2946 of title 14, United States Code, and shall be
    in addition to funds otherwise available for such purposes.
        Sec. 232.  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. 233.  None of the funds made available to the United States
    Secret Service by this Act or by previous appropriations Acts may be
    made available for the protection of the head of a Federal agency other
    than the Secretary of Homeland Security:  Provided, That the Director
    of the United States Secret Service may enter into agreements to
    provide such protection on a fully reimbursable basis.
        Sec. 234.  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. 235.  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.

                                   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, $1,662,066,000, of which
    $22,793,000, shall remain available until September 30, 2022:
    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,
    $353,479,000, to remain available until September 30, 2023.

                            research and development

        For necessary expenses of the Cybersecurity and Infrastructure
    Security Agency for research and development, $9,431,000, to remain
    available until September 30, 2022.

                      Federal Emergency Management Agency

                             operations and support

        For necessary expenses of the Federal Emergency Management Agency
    for operations and support, $1,129,282,000:  Provided, That not to
    exceed $2,250 shall be for official reception and representation
    expenses.

                  procurement, construction, and improvements

        For necessary expenses of the Federal Emergency Management Agency
    for procurement, construction, and improvements, $105,985,000, of which
    $58,387,000 shall remain available until September 30, 2023, and of
    which $47,598,000 shall remain available until September 30, 2025.

                               federal assistance

        For activities of the Federal Emergency Management Agency for
    Federal assistance through grants, contracts, cooperative agreements,
    and other activities, $3,294,892,000, which shall be allocated as
    follows:
                (1) $610,000,000 for the State Homeland Security Grant
            Program under section 2004 of the Homeland Security Act of 2002
            (6 U.S.C. 605), of which $90,000,000 shall be for Operation
            Stonegarden, $15,000,000 shall be for Tribal Homeland Security
            Grants under section 2005 of the Homeland Security Act of 2002
            (6 U.S.C. 606), and $90,000,000 shall be for organizations (as
            described under section 501(c)(3) of the Internal Revenue Code
            of 1986 and exempt from tax under section 501(a) of such code)
            determined by the Secretary of Homeland Security to be at high
            risk of a terrorist attack:  Provided, That notwithstanding
            subsection (c)(4) of such section 2004, for fiscal year 2021,
            the Commonwealth of Puerto Rico shall make available to local
            and tribal governments amounts provided to the Commonwealth of
            Puerto Rico under this paragraph in accordance with subsection
            (c)(1) of such section 2004.
                (2) $705,000,000 for the Urban Area Security Initiative
            under section 2003 of the Homeland Security Act of 2002 (6
            U.S.C. 604), of which $90,000,000 shall be for organizations
            (as described under section 501(c)(3) of the Internal Revenue
            Code of 1986 and exempt from tax under section 501(a) of such
            code) determined by the Secretary of Homeland Security to be at
            high risk of a terrorist attack.
                (3) $100,000,000 for Public Transportation Security
            Assistance, Railroad Security Assistance, and Over-the-Road Bus
            Security Assistance under sections 1406, 1513, and 1532 of the
            Implementing Recommendations of the 9/11 Commission Act of 2007
            (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
            for Amtrak security and $2,000,000 shall be for Over-the-Road
            Bus Security:  Provided, That such public transportation
            security assistance shall be provided directly to public
            transportation agencies.
                (4) $100,000,000 for Port Security Grants in accordance
            with section 70107 of title 46, United States Code.
                (5) $720,000,000, to remain available until September 30,
            2022, 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) $263,000,000 for necessary expenses for Flood Hazard
            Mapping and Risk Analysis, in addition to and to supplement any
            other sums appropriated under the National Flood Insurance
            Fund, and such additional sums as may be provided by States or
            other political subdivisions for cost-shared mapping activities
            under section 1360(f)(2) of the National Flood Insurance Act of
            1968 (42 U.S.C. 4101(f)(2)), to remain available until
            expended.
                (8) $12,000,000 for Regional Catastrophic Preparedness
            Grants.
                (9) $12,000,000 for Rehabilitation of High Hazard Potential
            Dams under section 8A of the National Dam Safety Program Act
            (33 U.S.C. 467f-2).
                (10) $130,000,000 for the emergency food and shelter
            program under title III of the McKinney-Vento Homeless
            Assistance Act (42 U.S.C. 11331), to remain available until
            expended:  Provided, That not to exceed 3.5 percent shall be
            for total administrative costs.
                (11) $287,892,000 to sustain current operations for
            training, exercises, technical assistance, and other programs.

                              disaster relief fund

                         (including transfer of funds)

        For necessary expenses in carrying out the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
    $17,142,000,000, 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
    251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
    of 1985:  Provided, That of the amount provided under this heading, up
    to $250,000,000 may be transferred to the Disaster Assistance Direct
    Loan Program Account for the cost of direct loans as authorized under
    section 417 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5184), including loans issued pursuant to
    section 311 of this Act, of which $3,000,000 is for administrative
    expenses.

                         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), $204,412,000, to remain available until September 30, 2022,
    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 $13,906,000 shall be available for mission support
    associated with flood management; and of which $190,506,000 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 2021, 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) $181,021,000 for operating expenses and salaries and
            expenses associated with flood insurance operations;
                (2) $1,164,000,000 for commissions and taxes of agents;
                (3) such sums as are necessary for interest on Treasury
            borrowings; and
                (4) $175,000,000, which shall remain available until
            expended, for flood mitigation actions and for flood mitigation
            assistance under section 1366 of the National Flood Insurance
            Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
            and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
      Provided further, That the amounts collected under section 102 of the
    Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
    1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
    4104c(e)), shall be deposited in the National Flood Insurance Fund to
    supplement other amounts specified as available for section 1366 of the
    National Flood Insurance Act of 1968, notwithstanding section
    102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
    and paragraphs (1) through (3) of section 1367(b) of such Act (42
    U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided further, That
    total administrative costs shall not exceed 4 percent of the total
    appropriation:  Provided further, That up to $5,000,000 is available to
    carry out section 24 of the Homeowner Flood Insurance Affordability Act
    of 2014 (42 U.S.C. 4033).

                           Administrative Provisions

        Sec. 301.  Funds made available under the heading ``Cybersecurity
    and Infrastructure Security Agency--Operations and Support'' may be
    made available for the necessary expenses of carrying out the
    competition specified in section 2(e) of Executive Order No. 13870 (May
    2, 2019), including the provision of monetary and non-monetary awards
    for Federal civilian employees and members of the uniformed services,
    the necessary expenses for the honorary recognition of any award
    recipients, and activities to encourage participation in the
    competition, including promotional items:  Provided, That 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.  Notwithstanding section 2008(a)(12) of the Homeland
    Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
    law, not more than 5 percent of the amount of a grant made available in
    paragraphs (1) through (4) under ``Federal Emergency Management
    Agency--Federal Assistance'', may be used by the grantee for expenses
    directly related to administration of the grant.
        Sec. 303.  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. 304.  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. 305.  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. 306.  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 2021 with
    respect to budget year 2022 and current fiscal year 2021,
    respectively--
                (1) in paragraph (1) by substituting ``fiscal year 2022''
            for ``fiscal year 2016''; and
                (2) in paragraph (2) by inserting ``business'' after
            ``fifth''.
        Sec. 307.  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. 308.  The aggregate charges assessed during fiscal year 2021,
    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:  Provided, That 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:  Provided further, That 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, 2021, and remain available until expended.
        Sec. 309. (a) Any balances of funds appropriated in any prior Act
    for activities funded by National Predisaster Mitigation Fund under
    section 203 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5133) (as in effect on the day before the
    date of enactment of section 1234 of division D of Public Law 115-254)
    may be transferred to and merged for all purposes with the funds set
    aside pursuant to subsection (i)(1) of section 203 of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133),
    as in effect on the date of the enactment of this section.
        (b) The transfer authorized in subsection (a) may not occur until
    the Administrator of the Federal Emergency Management Agency submits to
    the Committees on Appropriations of the Senate and the House of
    Representatives a plan for the obligation of funds pursuant to such
    subsection (i)(1), including the criteria to be used for awarding
    grants and a process for tracking the obligation of such transferred
    funds.
        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) For major disasters declared in 2018 pursuant to the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5170), a territory or possession of the United States shall be
    deemed to be a local government for purposes of section 417 of such Act
    (42 U.S.C. 5184) and section 206.361(a) of title 44, Code of Federal
    Regulations.
        (b) Notwithstanding section 206.361(a) of title 44, Code of Federal
    Regulations, the President may provide a loan until the last day of the
    fiscal year that is 3 fiscal years after the fiscal year in which the
    natural disaster described in such subsection occurs.
        (c) Notwithstanding section 417(b) of such Act and section
    206.361(b) of title 44, Code of Federal Regulations, the amount of any
    loan issued to a territory or possession may--
                (1) exceed $5,000,000; and
                (2) may be based on the projected loss of tax and other
            revenues and on projected cash outlays not previously budgeted
            for a period not to exceed 1 year beginning on the date that
            the major disaster occurred.

                                    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 of the E-Verify Program, $117,790,000.

                               federal assistance

        For necessary expenses of U.S. Citizenship and Immigration Services
    for Federal assistance for the Citizenship and Integration Grant
    Program, $10,000,000.

                    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, $314,348,000, of which $61,391,000 shall remain available
    until September 30, 2022:  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, $26,000,000,
    to remain available until September 30, 2025, for acquisition of
    necessary additional real property and facilities, construction and
    ongoing maintenance, facility improvements and related expenses of the
    Federal Law Enforcement Training Centers.

                       Science and Technology Directorate

                             operations and support

        For necessary expenses of the Science and Technology Directorate
    for operations and support, including the purchase or lease of not to
    exceed 5 vehicles, $302,703,000, of which $180,112,000 shall remain
    available until September 30, 2022:  Provided, That not to exceed
    $10,000 shall be for official reception and representation expenses.

                  procurement, construction, and improvements

        For necessary expenses of the Science and Technology Directorate
    for procurement, construction, and improvements, $18,927,000, to remain
    available until September 30, 2025.

                            research and development

        For necessary expenses of the Science and Technology Directorate
    for research and development, $443,928,000, to remain available until
    September 30, 2023.

                 Countering Weapons of Mass Destruction Office

                             operations and support

        For necessary expenses of the Countering Weapons of Mass
    Destruction Office for operations and support, $179,892,000, of which
    $20,697,000 shall remain available until September 30, 2022:  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,
    $87,413,000, to remain available until September 30, 2023.

                            research and development

        For necessary expenses of the Countering Weapons of Mass
    Destruction Office for research and development, $65,309,000, to remain
    available until September 30, 2023.

                               federal assistance

        For necessary expenses of the Countering Weapons of Mass
    Destruction Office for Federal assistance through grants, contracts,
    cooperative agreements, and other activities, $69,663,000, to remain
    available until September 30, 2023.

                           Administrative Provisions

        Sec. 401.  Notwithstanding any other provision of law, funds
    otherwise made available to U.S. Citizenship and Immigration Services
    may be used to acquire, operate, equip, and dispose of up to 5
    vehicles, for replacement only, for areas where the Administrator of
    General Services does not provide vehicles for lease:  Provided, That
    the Director of U.S. Citizenship and Immigration Services may authorize
    employees who are assigned to those areas to use such vehicles to
    travel between the employees' residences and places of employment.
        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 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.  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. 405.  The Federal Law Enforcement Training Accreditation
    Board, including representatives from the Federal law enforcement
    community and non-Federal accreditation experts involved in law
    enforcement training, shall lead the Federal law enforcement training
    accreditation process to continue the implementation of measuring and
    assessing the quality and effectiveness of Federal law enforcement
    training programs, facilities, and instructors.
        Sec. 406.  The Director of the Federal Law Enforcement Training
    Centers may accept transfers to its ``Procurement, Construction, and
    Improvements'' account from Government agencies requesting the
    construction of special use facilities, as authorized by the Economy
    Act (31 U.S.C. 1535(b)):  Provided, That the Federal Law Enforcement
    Training Centers maintain administrative control and ownership upon
    completion of such facilities.
        Sec. 407.  The functions of the Federal Law Enforcement Training
    Centers instructor staff shall be classified as inherently governmental
    for purposes of the Federal Activities Inventory Reform Act of 1998 (31
    U.S.C. 501 note).

                                    TITLE V

                               GENERAL PROVISIONS

                 (including transfers and rescissions of funds)

        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 for obligation or
    expenditure in fiscal year 2021, 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 2021 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.  Section 504 of the Department of Homeland Security
    Appropriations Act, 2017 (division F of Public Law 115-31), related to
    the operations of a working capital fund, shall apply with respect to
    funds made available in this Act in the same manner as such section
    applied to funds made available in that Act:  Provided, That funds from
    such working capital fund may be obligated and expended in anticipation
    of reimbursements from components of the Department of Homeland
    Security.
        Sec. 505.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the
    end of fiscal year 2021, as recorded in the financial records at the
    time of a reprogramming notification, but not later than June 30, 2022,
    from appropriations for ``Operations and Support'' for fiscal year 2021
    in this Act shall remain available through September 30, 2022, in the
    account and for the purposes for which the appropriations were
    provided:  Provided, That prior to the obligation of such funds, a
    notification shall be submitted to the Committees on Appropriations of
    the Senate and the House of Representatives in accordance with section
    503 of this Act.
        Sec. 506.  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 2021 until the enactment of an Act authorizing
    intelligence activities for fiscal year 2021.
        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.
        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.  None of the funds made available in this Act may be used
    in contravention of the applicable provisions of the Buy American Act:
    Provided, That for purposes of the preceding sentence, the term ``Buy
    American Act'' means chapter 83 of title 41, United States Code.
        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.  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.
        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 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. 517.  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. 518.  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. 519.  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. 520.  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. 521. (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. 522.  None of the funds made available in this Act may be used
    by a Federal law enforcement officer to facilitate the transfer of an
    operable firearm to an individual if the Federal law enforcement
    officer knows or suspects that the individual is an agent of a drug
    cartel unless law enforcement personnel of the United States
    continuously monitor or control the firearm at all times.
        Sec. 523.  None of the funds made available in this Act may be used
    to pay for the travel to or attendance of more than 50 employees of a
    single component of the Department of Homeland Security, who are
    stationed in the United States, at a single international conference
    unless the Secretary of Homeland Security, or a designee, determines
    that such attendance is in the national interest and notifies the
    Committees on Appropriations of the Senate and the House of
    Representatives within at least 10 days of that determination and the
    basis for that determination:  Provided, That for purposes of this
    section the term ``international conference'' shall mean a conference
    occurring outside of the United States attended by representatives of
    the United States Government and of foreign governments, international
    organizations, or nongovernmental organizations:  Provided further,
    That the total cost to the Department of Homeland Security of any such
    conference shall not exceed $500,000.
        Sec. 524.  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. 525.  None of the funds made available to the Department of
    Homeland Security by this or any other Act may be obligated for any
    structural pay reform that affects more than 100 full-time positions or
    costs more than $5,000,000 in a single year before the end of the 30-
    day period beginning on the date on which the Secretary of Homeland
    Security submits to Congress a notification that includes--
                (1) the number of full-time positions affected by such
            change;
                (2) funding required for such change for the current year
            and through the Future Years Homeland Security Program;
                (3) justification for such change; and
                (4) an analysis of compensation alternatives to such change
            that were considered by the Department.
        Sec. 526. (a) Any agency receiving funds made available in this Act
    shall, subject to subsections (b) and (c), post on the public website
    of that agency any report required to be submitted by the Committees on
    Appropriations of the Senate and the House of Representatives in this
    Act, upon the determination by the head of the agency that it shall
    serve the national interest.
        (b) Subsection (a) shall not apply to a report if--
                (1) the public posting of the report compromises homeland
            or national security; or
                (2) the report contains proprietary information.
        (c) The head of the agency posting such report shall do so only
    after such report has been made available to the Committees on
    Appropriations of the Senate and the House of Representatives for not
    less than 45 days except as otherwise specified in law.
        Sec. 527. (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. 528.  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. 529.  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 2021.
        Sec. 530. (a) For an additional amount for ``Federal Emergency
    Management Agency--Federal Assistance'', $12,700,000, to remain
    available until September 30, 2022, 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, 2021'' for ``October 1,
    2018'' and ``October 1, 2020'' for ``October 1, 2017''.
        Sec. 531. (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,
            2021,'' for ``September 30, 2017,''; and
                (2) In subsection (c)(1), by substituting ``September 30,
            2021,'' 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. 532. (a) None of the funds appropriated or otherwise made
    available to the Department of Homeland Security by this Act may be
    used to prevent any of the following persons from entering, for the
    purpose of conducting oversight, any facility operated by or for the
    Department of Homeland Security used to detain or otherwise house
    aliens, or to make any temporary modification at any such facility that
    in any way alters what is observed by a visiting member of Congress or
    such designated employee, compared to what would be observed in the
    absence of such modification:
                (1) A Member of Congress.
                (2) An employee of the United States House of
            Representatives or the United States Senate designated by such
            a Member for the purposes of this section.
        (b) Nothing in this section may be construed to require a Member of
    Congress to provide prior notice of the intent to enter a facility
    described in subsection (a) for the purpose of conducting oversight.
        (c) With respect to individuals described in subsection (a)(2), the
    Department of Homeland Security may require that a request be made at
    least 24 hours in advance of an intent to enter a facility described in
    subsection (a).
        Sec. 533. (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. 534. (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. 535.  Section 519 of division F of Public Law 114-113,
    regarding a prohibition on funding for any position designated 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. 536.  Within 60 days of any budget submission for the
    Department of Homeland Security for fiscal year 2022 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, 2021.
        Sec. 537. (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
    Secretary 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.

                              (transfer of funds)

        Sec. 538.  Not later than 30 days after the date of enactment of
    this Act, $20,000,000 in unobligated balances from amounts made
    available in section 212(b) of division D of the Consolidated
    Appropriations Act, 2020 (Public Law 116-93) shall be transferred to
    ``Countering Weapons of Mass Destruction Office--Procurement,
    Construction, and Improvements'' for the development of a department-
    wide electronic health records system, and shall remain available until
    September 30, 2022, in addition to any amounts otherwise available for
    such purposes:  Provided, That the amounts transferred 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 that section of that
    Act.

                             (rescissions of funds)

        Sec. 539.  Of the funds appropriated to the Department of Homeland
    Security, the following funds are hereby rescinded from the following
    accounts and programs in the specified amounts:  Provided, That no
    amounts may be rescinded from amounts that were designated by the
    Congress as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985 (Public Law 99-177):
                (1) $27,036,000 from Public Law 115-141 under the heading
            ``U.S. Customs and Border Protection--Procurement,
            Construction, and Improvements''.
                (2) $15,000,000 from the unobligated balances available in
            the ``U.S. Customs and Border Protection--Border Security,
            Fencing, Infrastructure, and Technology'' account (70  x
            0533).
                (3) $6,000,000 from the unobligated balances available in
            the ``U.S. Customs and Border Protection--Construction and
            Facility Improvements'' account (70  x  0532).
                (4) $3,098,000 from the unobligated balances available in
            the ``U.S. Immigration and Customs Enforcement--Construction''
            account (70  x  0545).
                (5) $658,000 from the unobligated balances available in the
            ``U.S. Immigration and Customs Enforcement--Automation
            Modernization'' account (70  x  0543).
                (6) $1,718,108 from the unobligated balances available in
            the ``Coast Guard--Alteration of Bridges'' account (070  x
            0614).
                (7) $8,200,000 from Public Law 116-6 under the heading
            ``U.S. Citizenship and Immigration Services--Procurement,
            Construction, and Improvements''.
        Sec. 540.  The following unobligated balances made available to the
    Department of Homeland Security pursuant to section 505 of the
    Department of Homeland Security Appropriations Act, 2020 (Public Law
    116-93) are rescinded:
                (1) $929,550 from ``Office of the Secretary and Executive
            Management--Operations and Support''.
                (2) $1,426,980 from ``Management Directorate--Operations
            and Support''.
                (3) $298,190 from ``Intelligence, Analysis, and Operations
            Coordination--Operations and Support''.
                (4) $430,910 from ``U.S. Customs and Border Protection--
            Operations and Support''.
                (5) $1,810,393 from ``United States Secret Service--
            Operations and Support''.
                (6) $1,574,940 from ``Cybersecurity and Infrastructure
            Security Agency--Operations and Support''.
                (7) $690,090 from ``Federal Emergency Management Agency--
            Operations and Support''.
                (8) $8,984,690 from ``U.S. Citizenship and Immigration
            Services--Operations and Support''.
                (9) $242,490 from ``Federal Law Enforcement Training
            Centers--Operations and Support''.
                (10) $136,570 from ``Science and Technology Directorate--
            Operations and Support''.
                (11) $1,103,590 from ``Countering Weapons of Mass
            Destruction Office--Operations and Support''.
        Sec. 541.  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, $840,000,000, to remain available until September 30,
    2021, 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)):  Provided, That notwithstanding any other provision of law,
    funds made available by this section shall only be used by U.S. Customs
    and Border Protection, Office of Field Operations:  Provided further,
    That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.
        Sec. 542.  Not later than 10 days after a determination is made by
    the President to evaluate and initiate protection under any authority
    for a former or retired Government official or employee, or for an
    individual who, during the duration of the directed protection, will
    become a former or retired Government official or employee (referred to
    in this section as a ``covered individual''), the Secretary of Homeland
    Security shall submit a notification to congressional leadership and
    the Committees on Appropriations of the Senate and the House of
    Representatives, the Committees on the Judiciary of the Senate and the
    House of Representatives, the Committee on Homeland Security and
    Governmental Affairs of the Senate, the Committee on Homeland Security
    of the House of Representatives, and the Committee on Oversight and
    Reform of the House of Representatives (referred to in this section as
    the ``appropriate congressional committees''):  Provided, That the
    notification may be submitted in classified form, if necessary, and in
    consultation with the Director of National Intelligence or the Director
    of the Federal Bureau of Investigation, as appropriate, and shall
    include the threat assessment, scope of the protection, and the
    anticipated cost and duration of such protection:  Provided further,
    That not later than 15 days before extending, or 30 days before
    terminating, protection for a covered individual, the Secretary of
    Homeland Security shall submit a notification regarding the extension
    or termination and any change to the threat assessment to the
    congressional leadership and the appropriate congressional committees:
    Provided further, That not later than 45 days after the date of
    enactment of this Act, and quarterly thereafter, the Secretary shall
    submit a report to the congressional leadership and the appropriate
    congressional committees, which may be submitted in classified form, if
    necessary, detailing each covered individual, and the scope and
    associated cost of protection.
         This division may be cited as the ``Department of Homeland
    Security Appropriations Act, 2021''.

       DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2021

                                    TITLE I

                           DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                       management of lands and resources

                        (including rescission of funds)

        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)),
    $1,220,555,000, to remain available until September 30, 2022; of which
    $77,669,000 for annual and deferred maintenance and $115,745,000 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 2021, so as to result in a final appropriation estimated at
    not more than $1,220,555,000, and $2,000,000, to remain available until
    expended, from communication site rental fees established by the Bureau
    for the cost of administering communication site activities.
        Of the unobligated balances from amounts made available under this
    heading in fiscal year 2018 or before, $13,000,000 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.

                                land acquisition

                             (rescission of funds)

        Of the unobligated balances from amounts made available for Land
    Acquisition and derived from the Land and Water Conservation Fund,
    $5,400,000 is hereby permanently rescinded from projects with cost
    savings or failed or partially failed projects:  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.

                       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;
    $114,783,000, to remain available until expended:  Provided, That 25
    percent of the aggregate of all receipts during the current fiscal year
    from the revested Oregon and California Railroad grant lands is hereby
    made a charge against the Oregon and California land-grant fund and
    shall be transferred to the General Fund in the Treasury in accordance
    with the second paragraph of subsection (b) of title II of the Act of
    August 28, 1937 (43 U.S.C. 2605).

                               range improvements

        For rehabilitation, protection, and acquisition of lands and
    interests therein, and improvement of Federal rangelands pursuant to
    section 401 of the Federal Land Policy and Management Act of 1976 (43
    U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
    of all moneys received during the prior fiscal year under sections 3
    and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
    designated for range improvements from grazing fees and mineral leasing
    receipts from Bankhead-Jones lands transferred to the Department of the
    Interior pursuant to law, but not less than $10,000,000, to remain
    available until expended:  Provided, That not to exceed $600,000 shall
    be available for administrative expenses.

                   service charges, deposits, and forfeitures

                        (including rescission of funds)

        For administrative expenses and other costs related to processing
    application documents and other authorizations for use and disposal of
    public lands and resources, for costs of providing copies of official
    public land documents, for monitoring construction, operation, and
    termination of facilities in conjunction with use authorizations, and
    for rehabilitation of damaged property, such amounts as may be
    collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
    section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
    available until expended:  Provided, That notwithstanding any provision
    to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
    1735(a)), any moneys that have been or will be received pursuant to
    that section, whether as a result of forfeiture, compromise, or
    settlement, if not appropriate for refund pursuant to section 305(c) of
    that Act (43 U.S.C. 1735(c)), shall be available and may be expended
    under the authority of this Act by the Secretary of the Interior to
    improve, protect, or rehabilitate any public lands administered through
    the Bureau of Land Management which have been damaged by the action of
    a resource developer, purchaser, permittee, or any unauthorized person,
    without regard to whether all moneys collected from each such action
    are used on the exact lands damaged which led to the action:  Provided
    further, That any such moneys that are in excess of amounts needed to
    repair damage to the exact land for which funds were collected may be
    used to repair other damaged public lands.
        Of the unobligated balances from amounts collected in fiscal year
    2015 or any prior fiscal year, $20,000,000 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.

                           miscellaneous trust funds

        In addition to amounts authorized to be expended under existing
    laws, there is hereby appropriated such amounts as may be contributed
    under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
    amounts as may be advanced for administrative costs, surveys,
    appraisals, and costs of making conveyances of omitted lands under
    section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
    until expended.

                           administrative provisions

        The Bureau of Land Management may carry out the operations funded
    under this Act by direct expenditure, contracts, grants, cooperative
    agreements, and reimbursable agreements with public and private
    entities, including with States. Appropriations for the Bureau shall be
    available for purchase, erection, and dismantlement of temporary
    structures, and alteration and maintenance of necessary buildings and
    appurtenant facilities to which the United States has title; up to
    $100,000 for payments, at the discretion of the Secretary, for
    information or evidence concerning violations of laws administered by
    the Bureau; miscellaneous and emergency expenses of enforcement
    activities authorized or approved by the Secretary and to be accounted
    for solely on the Secretary's certificate, not to exceed $10,000:
    Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
    Bureau may, under cooperative cost-sharing and partnership arrangements
    authorized by law, procure printing services from cooperators in
    connection with jointly produced publications for which the cooperators
    share the cost of printing either in cash or in services, and the
    Bureau determines the cooperator is capable of meeting accepted quality
    standards:  Provided further, That projects to be funded pursuant to a
    written commitment by a State government to provide an identified
    amount of money in support of the project may be carried out by the
    Bureau on a reimbursable basis.

                    United States Fish and Wildlife Service

                              resource management

        For necessary expenses of the United States Fish and Wildlife
    Service, as authorized by law, and for scientific and economic studies,
    general administration, and for the performance of other authorized
    functions related to such resources, $1,379,828,000, to remain
    available until September 30, 2022:  Provided, That not to exceed
    $20,767,000 shall be used for implementing subsections (a), (b), (c),
    and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
    1533) (except for processing petitions, developing and issuing proposed
    and final regulations, and taking any other steps to implement actions
    described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)).

                                  construction

        For construction, improvement, acquisition, or removal of buildings
    and other facilities required in the conservation, management,
    investigation, protection, and utilization of fish and wildlife
    resources, and the acquisition of lands and interests therein;
    $18,193,000, to remain available until expended.

                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), $43,340,000, to remain available
    until expended, of which $23,702,000 is to be derived from the
    Cooperative Endangered Species Conservation Fund; and of which
    $19,638,000 is to be derived from the Land and Water Conservation Fund.
        Of the unobligated balances made available under this heading,
    $12,500,000 is permanently rescinded from projects or from other grant
    programs with an unobligated carry over balance:  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.

                   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.),
    $46,500,000, to remain available until expended.

                    neotropical migratory bird conservation

        For expenses necessary to carry out the Neotropical Migratory Bird
    Conservation Act (16 U.S.C. 6101 et seq.), $4,910,000, 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.), $18,000,000,
    to remain available until expended.

                        state and tribal wildlife grants

        For wildlife conservation grants to States and to the District of
    Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
    Northern Mariana Islands, American Samoa, and Indian tribes under the
    provisions of the Fish and Wildlife Act of 1956 and the Fish and
    Wildlife Coordination Act, for the development and implementation of
    programs for the benefit of wildlife and their habitat, including
    species that are not hunted or fished, $72,362,000, 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 2021 to any State, territory, or other jurisdiction that
    remains unobligated as of September 30, 2022, shall be reapportioned,
    together with funds appropriated in 2023, 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:  Provided
    further, That obligated balances of funding originally made available
    under section 7060(c)(2)(B) of division K of the Consolidated
    Appropriations Act, 2018 (Public Law 115-141) and transferred to the
    Fish and Wildlife Service to combat the transnational threat of
    wildlife poaching and trafficking in the Central Africa Regional
    Program for the Environment shall be distributed to recipients that
    were awarded grants not later than 60 days after the date of enactment
    of this Act.

                             National Park Service

                     operation of the national park system

        For expenses necessary for the management, operation, and
    maintenance of areas and facilities administered by the National Park
    Service and for the general administration of the National Park
    Service, $2,688,287,000, of which $10,282,000 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, 2022:  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(a) of the United States Semiquincentennial
    Commission Act of 2016 (Public Law 114-196; 130 Stat. 691), $8,000,000
    of the funds made available under this heading shall be provided to the
    United States Semiquincentennial Commission for the purposes specified
    by that Act:  Provided further, That notwithstanding section 9 of the
    400 Years of African-American History Commission Act (36 U.S.C. note
    prec. 101; Public Law 115-102), $3,300,000 of the funds provided under
    this heading shall be made available for the purposes specified by that
    Act:  Provided further, That sections (7)(b) and (8) of that Act shall
    be amended by striking ``July 1, 2021'' and inserting ``July 1, 2022''.
        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, $74,157,000, to
    remain available until September 30, 2022.

                           historic preservation fund

        For expenses necessary in carrying out the National Historic
    Preservation Act (division A of subtitle III of title 54, United States
    Code), $144,300,000, to be derived from the Historic Preservation Fund
    and to remain available until September 30, 2022, of which $25,000,000
    shall be for Save America's Treasures grants for preservation of
    nationally significant sites, structures and artifacts as authorized by
    section 7303 of the Omnibus Public Land Management Act of 2009 (54
    U.S.C. 3089):  Provided, That an individual Save America's Treasures
    grant shall be matched by non-Federal funds:  Provided further, That
    individual projects shall only be eligible for one grant:  Provided
    further, That all projects to be funded shall be approved by the
    Secretary of the Interior in consultation with the House and Senate
    Committees on Appropriations:  Provided further, That of the funds
    provided for the Historic Preservation Fund, $1,000,000 is for
    competitive grants for the survey and nomination of properties to the
    National Register of Historic Places and as National Historic Landmarks
    associated with communities currently under-represented, as determined
    by the Secretary, $21,125,000 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; $7,500,000 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; and $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:  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, $223,907,000, to remain
    available until expended:  Provided, That notwithstanding any other
    provision of law, for any project initially funded in fiscal year 2021
    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.

                     land acquisition and state assistance

                             (rescission of funds)

        Of the unobligated balances from amounts made available for the
    National Park Service and derived from the Land and Water Conservation
    Fund in fiscal year 2017 or any prior fiscal year, $23,000,000 is
    hereby permanently rescinded from grant programs with an unobligated
    carry over balance:  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.

                              centennial challenge

        For expenses necessary to carry out the provisions of section
    101701 of title 54, United States Code, relating to challenge cost
    share agreements, $15,000,000, to remain available until expended, for
    Centennial Challenge projects and programs:  Provided, That not less
    than 50 percent of the total cost of each project or program shall be
    derived from non-Federal sources in the form of donated cash, assets,
    or a pledge of donation guaranteed by an irrevocable letter of credit.

                           administrative provisions

                         (including transfer of funds)

        In addition to other uses set forth in section 101917(c)(2) of
    title 54, United States Code, franchise fees credited to a sub-account
    shall be available for expenditure by the Secretary, without further
    appropriation, for use at any unit within the National Park System to
    extinguish or reduce liability for Possessory Interest or leasehold
    surrender interest. Such funds may only be used for this purpose to the
    extent that the benefitting unit anticipated franchise fee receipts
    over the term of the contract at that unit exceed the amount of funds
    used to extinguish or reduce liability. Franchise fees at the
    benefitting unit shall be credited to the sub-account of the
    originating unit over a period not to exceed the term of a single
    contract at the benefitting unit, in the amount of funds so expended to
    extinguish or reduce liability.
        For the costs of administration of the Land and Water Conservation
    Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
    Energy Security Act of 2006 (Public Law 109-432), the National Park
    Service may retain up to 3 percent of the amounts which are authorized
    to be disbursed under such section, such retained amounts to remain
    available until expended.
        National Park Service funds may be transferred to the Federal
    Highway Administration (FHWA), Department of Transportation, for
    purposes authorized under 23 U.S.C. 203. Transfers may include a
    reasonable amount for FHWA administrative support costs.

                        United States Geological Survey

                     surveys, investigations, and research

        For expenses necessary for the United States Geological Survey to
    perform surveys, investigations, and research covering topography,
    geology, hydrology, biology, and the mineral and water resources of the
    United States, its territories and possessions, and other areas as
    authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
    mineral and water resources; give engineering supervision to power
    permittees and Federal Energy Regulatory Commission licensees;
    administer the minerals exploration program (30 U.S.C. 641); conduct
    inquiries into the economic conditions affecting mining and materials
    processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1))
    and related purposes as authorized by law; and to publish and
    disseminate data relative to the foregoing activities; $1,315,527,000,
    to remain available until September 30, 2022; of which $84,337,000
    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.

                           administrative provisions

        From within the amount appropriated for activities of the United
    States Geological Survey such sums as are necessary shall be available
    for contracting for the furnishing of topographic maps and for the
    making of geophysical or other specialized surveys when it is
    administratively determined that such procedures are in the public
    interest; construction and maintenance of necessary buildings and
    appurtenant facilities; acquisition of lands for gauging stations,
    observation wells, and seismic equipment; expenses of the United States
    National Committee for Geological Sciences; and payment of compensation
    and expenses of persons employed by the Survey duly appointed to
    represent the United States in the negotiation and administration of
    interstate compacts:  Provided, That activities funded by
    appropriations herein made may be accomplished through the use of
    contracts, grants, or cooperative agreements as defined in section 6302
    of title 31, United States Code:  Provided further, That the United
    States Geological Survey may enter into contracts or cooperative
    agreements directly with individuals or indirectly with institutions or
    nonprofit organizations, without regard to 41 U.S.C. 6101, for the
    temporary or intermittent services of students or recent graduates, who
    shall be considered employees for the purpose of chapters 57 and 81 of
    title 5, United States Code, relating to compensation for travel and
    work injuries, and chapter 171 of title 28, United States Code,
    relating to tort claims, but shall not be considered to be Federal
    employees for any other purposes.

                       Bureau of Ocean Energy Management

                            ocean energy management

                        (including rescission of funds)

        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,
    $192,815,000, of which $129,760,000 is to remain available until
    September 30, 2022, and of which $63,055,000 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 2021
    appropriation estimated at not more than $129,760,000:  Provided
    further, That not to exceed $3,000 shall be available for reasonable
    expenses related to promoting volunteer beach and marine cleanup
    activities:  Provided further, That of the unobligated balances from
    amounts made available under this heading, $2,000,000 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.

                 Bureau of Safety and Environmental Enforcement

                 offshore safety and environmental enforcement

                        (including rescission of funds)

        For expenses necessary for the regulation of operations related to
    leases, easements, rights-of-way, and agreements for use for oil and
    gas, other minerals, energy, and marine-related purposes on the Outer
    Continental Shelf, as authorized by law; for enforcing and implementing
    laws and regulations as authorized by law and to the extent provided by
    Presidential or Secretarial delegation; and for matching grants or
    cooperative agreements, $150,812,000, of which $120,165,000 is to
    remain available until September 30, 2022, and of which $30,647,000 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 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 2021 appropriation estimated at not more than
    $120,165,000:  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, $43,000,000, 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 2021, as provided
    in this Act:  Provided, That to the extent that amounts realized from
    such inspection fees exceed $43,000,000, the amounts realized in excess
    of $43,000,000 shall be credited to this appropriation and remain
    available until expended:  Provided further, That for fiscal year 2021,
    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, $14,899,000, which shall be derived from
    the Oil Spill Liability Trust Fund, to remain available until expended.

              Office of Surface Mining Reclamation and Enforcement

                           regulation and technology

                        (including rescission of funds)

        For necessary expenses to carry out the provisions of the Surface
    Mining Control and Reclamation Act of 1977, Public Law 95-87,
    $117,768,000, to remain available until September 30, 2022, of which
    $68,590,000 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:  Provided
    further, That of the unobligated balances from amounts made available
    under this heading, $25,000,000 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.
        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 2021 appropriation estimated at not more than
    $117,768,000.

                        abandoned mine reclamation fund

                        (including rescission of funds)

        For necessary expenses to carry out title IV of the Surface Mining
    Control and Reclamation Act of 1977, Public Law 95-87, $24,831,000, to
    be derived from receipts of the Abandoned Mine Reclamation Fund and to
    remain available until expended:  Provided, That pursuant to Public Law
    97-365, the Department of the Interior is authorized to use up to 20
    percent from the recovery of the delinquent debt owed to the United
    States Government to pay for contracts to collect these debts:
    Provided further, That funds made available under title IV of Public
    Law 95-87 may be used for any required non-Federal share of the cost of
    projects funded by the Federal Government for the purpose of
    environmental restoration related to treatment or abatement of acid
    mine drainage from abandoned mines:  Provided further, That such
    projects must be consistent with the purposes and priorities of the
    Surface Mining Control and Reclamation Act:  Provided further, That
    amounts provided under this heading may be used for the travel and per
    diem expenses of State and tribal personnel attending Office of Surface
    Mining Reclamation and Enforcement sponsored training.
        In addition, $115,000,000, to remain available until expended, for
    grants to States and federally recognized Indian Tribes for reclamation
    of abandoned mine lands and other related activities in accordance with
    the terms and conditions described in the explanatory statement
    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, $75,000,000 shall be distributed in equal
    amounts to the three Appalachian States with the greatest amount of
    unfunded needs to meet the priorities described in paragraphs (1) and
    (2) of such section, $30,000,000 shall be distributed in equal amounts
    to the three Appalachian States with the subsequent greatest amount of
    unfunded needs to meet such priorities, and $10,000,000 shall be for
    grants to federally recognized Indian Tribes without regard to their
    status as certified or uncertified under the Surface Mining Control and
    Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of
    abandoned mine lands and other related activities in accordance with
    the terms and conditions described in the explanatory statement
    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.
        Of the unobligated balances from amounts made available under this
    heading in fiscal year 2016 or before, $10,000,000 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.

                                 Indian Affairs

                            Bureau of Indian Affairs

                          operation of indian programs

                         (including transfers of funds)

        For expenses necessary for the operation of Indian programs, as
    authorized by law, including the Snyder Act of November 2, 1921 (25
    U.S.C. 13) and the Indian Self-Determination and Education Assistance
    Act of 1975 (25 U.S.C. 5301 et seq.), $1,616,532,000, to remain
    available until September 30, 2022, 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 $78,000,000 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 $58,492,000 shall remain available
    until expended for housing improvement, road maintenance, attorney
    fees, litigation support, land records improvement, and the Navajo-Hopi
    Settlement Program:  Provided further, That any forestry funds
    allocated to a federally recognized tribe which remain unobligated as
    of September 30, 2022, may be transferred during fiscal year 2023 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, 2023:  Provided further, That in order to
    enhance the safety of Bureau field employees, the Bureau may use funds
    to purchase uniforms or other identifying articles of clothing for
    personnel:  Provided further, That the Bureau of Indian Affairs may
    accept transfers of funds from United States Customs and Border
    Protection to supplement any other funding available for reconstruction
    or repair of roads owned by the Bureau of Indian Affairs as identified
    on the National Tribal Transportation Facility Inventory, 23 U.S.C.
    202(b)(1):  Provided further, That $1,000,000 made available for
    Assistant Secretary Support shall not be available for obligation until
    the Assistant Secretary-Indian Affairs provides the reports requested
    by the Committees on Appropriations of the House of Representatives and
    the Senate related to the Tiwahe Initiative.

                             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 2021, such sums as may be
    necessary, which shall be available for obligation through September
    30, 2022:  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 2021, such sums as
    may be necessary, which shall be available for obligation through
    September 30, 2022:  Provided, That notwithstanding any other provision
    of law, no amounts made available under this heading shall be available
    for transfer to another budget account.

                                  construction

                         (including transfer of funds)

        For construction, repair, improvement, and maintenance of
    irrigation and power systems, buildings, utilities, and other
    facilities, including architectural and engineering services by
    contract; acquisition of lands, and interests in lands; and preparation
    of lands for farming, and for construction of the Navajo Indian
    Irrigation Project pursuant to Public Law 87-483; $128,818,000, to
    remain available until expended:  Provided, That such amounts as may be
    available for the construction of the Navajo Indian Irrigation Project
    may be transferred to the Bureau of Reclamation:  Provided further,
    That any funds provided for the Safety of Dams program pursuant to the
    Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a
    nonreimbursable basis:  Provided further, That this appropriation may
    be reimbursed from the Office of the Special Trustee for American
    Indians appropriation for the appropriate share of construction costs
    for space expansion needed in agency offices to meet trust reform
    implementation:  Provided further, That of the funds made available
    under this heading, $10,000,000 shall be derived from the Indian
    Irrigation Fund established by section 3211 of the WIIN Act (Public Law
    114-322; 130 Stat. 1749).

     indian land and water claim settlements and miscellaneous payments to
                                    indians

         For payments and necessary administrative expenses for
    implementation of Indian land and water claim settlements pursuant to
    Public Laws 99-264 and 114-322, and for implementation of other land
    and water rights settlements, $45,644,000, to remain available until
    expended.

                     indian guaranteed loan program account

        For the cost of guaranteed loans and insured loans, $11,797,000, of
    which $1,593,000 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 $82,886,197.

                           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.), $973,092,000, to remain
    available until September 30, 2022, 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 $728,820,000 for school operations
    costs of Bureau-funded schools and other education programs shall
    become available on July 1, 2021, and shall remain available until
    September 30, 2022:  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
    $86,884,000 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, 2021:  Provided further, That in
    order to enhance the safety of Bureau field employees, the Bureau may
    use funds to purchase uniforms or other identifying articles of
    clothing for personnel.

                             education construction

        For construction, repair, improvement, and maintenance of
    buildings, utilities, and other facilities necessary for the operation
    of Indian education programs, including architectural and engineering
    services by contract; acquisition of lands, and interests in lands;
    $264,277,000 to remain available until expended:  Provided, That in
    order to ensure timely completion of construction projects, the
    Secretary of the Interior may assume control of a project and all funds
    related to the project, if, not later than 18 months after the date of
    the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et
    seq.) grantee receiving funds appropriated in this Act or in any prior
    Act, has not completed the planning and design phase of the project and
    commenced construction.

                           administrative provisions

        The Bureau of Indian Affairs and the Bureau of Indian Education may
    carry out the operation of Indian programs by direct expenditure,
    contracts, cooperative agreements, compacts, and grants, either
    directly or in cooperation with States and other organizations.
        Notwithstanding Public Law 87-279 (25 U.S.C. 15), the Bureau of
    Indian Affairs may contract for services in support of the management,
    operation, and maintenance of the Power Division of the San Carlos
    Irrigation Project.
        Notwithstanding any other provision of law, no funds available to
    the Bureau of Indian Affairs or the Bureau of Indian Education for
    central office oversight and Executive Direction and Administrative
    Services (except Executive Direction and Administrative Services
    funding for Tribal Priority Allocations, regional offices, and
    facilities operations and maintenance) shall be available for
    contracts, grants, compacts, or cooperative agreements with the Bureau
    of Indian Affairs or the Bureau of Indian Education under the
    provisions of the Indian Self-Determination Act or the Tribal Self-
    Governance Act of 1994 (Public Law 103-413).
        In the event any tribe returns appropriations made available by
    this Act to the Bureau of Indian Affairs or the Bureau of Indian
    Education, this action shall not diminish the Federal Government's
    trust responsibility to that tribe, or the government-to-government
    relationship between the United States and that tribe, or that tribe's
    ability to access future appropriations.
        Notwithstanding any other provision of law, no funds available to
    the Bureau of Indian Education, other than the amounts provided herein
    for assistance to public schools under 25 U.S.C. 452 et seq., shall be
    available to support the operation of any elementary or secondary
    school in the State of Alaska.
        No funds available to the Bureau of Indian Education shall be used
    to support expanded grades for any school or dormitory beyond the grade
    structure in place or approved by the Secretary of the Interior at each
    school in the Bureau of Indian Education school system as of October 1,
    1995, except that the Secretary of the Interior may waive this
    prohibition to support expansion of up to one additional grade when the
    Secretary determines such waiver is needed to support accomplishment of
    the mission of the Bureau of Indian Education, or more than one grade
    to expand the elementary grade structure for Bureau-funded schools with
    a K-2 grade structure on October 1, 1996. Appropriations made available
    in this or any prior Act for schools funded by the Bureau shall be
    available, in accordance with the Bureau's funding formula, only to the
    schools in the Bureau school system as of September 1, 1996, and to any
    school or school program that was reinstated in fiscal year 2012. Funds
    made available under this Act may not be used to establish a charter
    school at a Bureau-funded school (as that term is defined in section
    1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that
    a charter school that is in existence on the date of the enactment of
    this Act and that has operated at a Bureau-funded school before
    September 1, 1999, may continue to operate during that period, but only
    if the charter school pays to the Bureau a pro rata share of funds to
    reimburse the Bureau for the use of the real and personal property
    (including buses and vans), the funds of the charter school are kept
    separate and apart from Bureau funds, and the Bureau does not assume
    any obligation for charter school programs of the State in which the
    school is located if the charter school loses such funding. Employees
    of Bureau-funded schools sharing a campus with a charter school and
    performing functions related to the charter school's operation and
    employees of a charter school shall not be treated as Federal employees
    for purposes of chapter 171 of title 28, United States Code.
        Notwithstanding any other provision of law, including section 113
    of title I of appendix C of Public Law 106-113, if in fiscal year 2003
    or 2004 a grantee received indirect and administrative costs pursuant
    to a distribution formula based on section 5(f) of Public Law 101-301,
    the Secretary shall continue to distribute indirect and administrative
    cost funds to such grantee using the section 5(f) distribution formula.
        Funds available under this Act may not be used to establish
    satellite locations of schools in the Bureau school system as of
    September 1, 1996, except that the Secretary may waive this prohibition
    in order for an Indian tribe to provide language and cultural immersion
    educational programs for non-public schools located within the
    jurisdictional area of the tribal government which exclusively serve
    tribal members, do not include grades beyond those currently served at
    the existing Bureau-funded school, provide an educational environment
    with educator presence and academic facilities comparable to the
    Bureau-funded school, comply with all applicable Tribal, Federal, or
    State health and safety standards, and the Americans with Disabilities
    Act, and demonstrate the benefits of establishing operations at a
    satellite location in lieu of incurring extraordinary costs, such as
    for transportation or other impacts to students such as those caused by
    busing students extended distances:  Provided, That no funds available
    under this Act may be used to fund operations, maintenance,
    rehabilitation, construction, or other facilities-related costs for
    such assets that are not owned by the Bureau:  Provided further, That
    the term ``satellite school'' means a school location physically
    separated from the existing Bureau school by more than 50 miles but
    that forms part of the existing school in all other respects.
        Funds made available for Tribal Priority Allocations within
    Operation of Indian Programs and Operation of Indian Education Programs
    may be used to execute requested adjustments in tribal priority
    allocations initiated by an Indian Tribe.

               Office of the Special Trustee for American Indians

                             federal trust programs

                         (including transfer of funds)

        For the operation of trust programs for Indians by direct
    expenditure, contracts, cooperative agreements, compacts, and grants,
    $108,399,000, to remain available until expended, of which not to
    exceed $17,911,000 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 2021, 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 $50,000 is available for the Secretary to make payments to
    correct administrative errors of either disbursements from or deposits
    to Individual Indian Money or Tribal accounts after September 30, 2002:
     Provided further, That erroneous payments that are recovered shall be
    credited to and remain available in this account for this purpose:
    Provided further, That the Secretary shall not be required to reconcile
    Special Deposit Accounts with a balance of less than $500 unless the
    Office of the Special Trustee receives proof of ownership from a
    Special Deposit Accounts claimant:  Provided further, That
    notwithstanding section 102 of the American Indian Trust Fund
    Management Reform Act of 1994 (Public Law 103-412) or any other
    provision of law, the Secretary may aggregate the trust accounts of
    individuals whose whereabouts are unknown for a continuous period of at
    least 5 years and shall not be required to generate periodic statements
    of performance for the individual accounts:  Provided further, That
    with respect to the eighth proviso, the Secretary shall continue to
    maintain sufficient records to determine the balance of the individual
    accounts, including any accrued interest and income, and such funds
    shall remain available to the individual account holders.

                              Departmental Offices

                            Office of the Secretary

                            departmental operations

                  (including transfer and rescission of funds)

        For necessary expenses for management of the Department of the
    Interior and for grants and cooperative agreements, as authorized by
    law, $120,608,000, to remain available until September 30, 2022; of
    which no less than $1,860,000 shall be to assist the Department with
    its compliance responsibilities under 5 U.S.C. 552; 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 $11,204,000 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 2021, 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.
        Of the unobligated balances from amounts made available under this
    heading in fiscal year 2016 or before, $17,398,000 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.

                           administrative provisions

        For fiscal year 2021, up to $400,000 of the payments authorized by
    chapter 69 of title 31, United States Code, may be retained for
    administrative expenses of the Payments in Lieu of Taxes Program:
    Provided, That the amounts provided under this Act specifically for the
    Payments in Lieu of Taxes program are the only amounts available for
    payments authorized under chapter 69 of title 31, United States Code:
    Provided further, That in the event the sums appropriated for any
    fiscal year for payments pursuant to this chapter are insufficient to
    make the full payments authorized by that chapter to all units of local
    government, then the payment to each local government shall be made
    proportionally:  Provided further, That the Secretary may make
    adjustments to payment to individual units of local government to
    correct for prior overpayments or underpayments:  Provided further,
    That no payment shall be made pursuant to that chapter to otherwise
    eligible units of local government if the computed amount of the
    payment is less than $100.

                                Insular Affairs

                           assistance to territories

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior and other jurisdictions
    identified in section 104(e) of Public Law 108-188, $106,693,000, of
    which: (1) $97,140,000 shall remain available until expended for
    territorial assistance, including general technical assistance,
    maintenance assistance, disaster assistance, coral reef initiative and
    natural resources activities, and brown tree snake control and
    research; grants to the judiciary in American Samoa for compensation
    and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
    Government of American Samoa, in addition to current local revenues,
    for construction and support of governmental functions; grants to the
    Government of the Virgin Islands, as authorized by law; grants to the
    Government of Guam, as authorized by law; and grants to the Government
    of the Northern Mariana Islands, as authorized by law (Public Law 94-
    241; 90 Stat. 272); and (2) $9,553,000 shall be available until
    September 30, 2022, for salaries and expenses of the Office of Insular
    Affairs:  Provided, That all financial transactions of the territorial
    and local governments herein provided for, including such transactions
    of all agencies or instrumentalities established or used by such
    governments, may be audited by the Government Accountability Office, at
    its discretion, in accordance with chapter 35 of title 31, United
    States Code:  Provided further, That Northern Mariana Islands Covenant
    grant funding shall be provided according to those terms of the
    Agreement of the Special Representatives on Future United States
    Financial Assistance for the Northern Mariana Islands approved by
    Public Law 104-134:  Provided further, That the funds for the program
    of operations and maintenance improvement are appropriated to
    institutionalize routine operations and maintenance improvement of
    capital infrastructure with territorial participation and cost sharing
    to be determined by the Secretary based on the grantee's commitment to
    timely maintenance of its capital assets:  Provided further, That any
    appropriation for disaster assistance under this heading in this Act or
    previous appropriations Acts may be used as non-Federal matching funds
    for the purpose of hazard mitigation grants provided pursuant to
    section 404 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5170c).

                          compact of free association

        For grants and necessary expenses, $8,463,000, to remain available
    until expended, as provided for in sections 221(a)(2) and 233 of the
    Compact of Free Association for the Republic of Palau; and section
    221(a)(2) of the Compacts of Free Association for the Government of the
    Republic of the Marshall Islands and the Federated States of
    Micronesia, as authorized by Public Law 99-658 and Public Law 108-188:
    Provided, That of the funds appropriated under this heading, $5,000,000
    is for deposit into the Compact Trust Fund of the Republic of the
    Marshall Islands as compensation authorized by Public Law 108-188 for
    adverse financial and economic impacts.

                           Administrative Provisions

                         (including transfer of funds)

        At the request of the Governor of Guam, the Secretary may transfer
    discretionary funds or mandatory funds provided under section 104(e) of
    Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
    to the Secretary of Agriculture for the subsidy cost of direct or
    guaranteed loans, plus not to exceed three percent of the amount of the
    subsidy transferred for the cost of loan administration, for the
    purposes authorized by the Rural Electrification Act of 1936 and
    section 306(a)(1) of the Consolidated Farm and Rural Development Act
    for construction and repair projects in Guam, and such funds shall
    remain available until expended:  Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974:  Provided further, That such
    loans or loan guarantees may be made without regard to the population
    of the area, credit elsewhere requirements, and restrictions on the
    types of eligible entities under the Rural Electrification Act of 1936
    and section 306(a)(1) of the Consolidated Farm and Rural Development
    Act:  Provided further, That any funds transferred to the Secretary of
    Agriculture shall be in addition to funds otherwise made available to
    make or guarantee loans under such authorities.

                            Office of the Solicitor

                             salaries and expenses

        For necessary expenses of the Office of the Solicitor, $86,813,000.

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General,
    $58,552,000, to remain available until September 30, 2022.

                            Department-Wide Programs

                            wildland fire management

                         (including transfers of funds)

        For necessary expenses for fire preparedness, fire suppression
    operations, fire science and research, emergency rehabilitation, fuels
    management activities, and rural fire assistance by the Department of
    the Interior, $992,623,000, 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 $219,964,000 is for fuels
    management activities:  Provided further, That of the funds provided
    $20,470,000 is for burned area rehabilitation:  Provided further, That
    persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
    and lodging without cost from funds available from this appropriation:
    Provided further, That notwithstanding 42 U.S.C. 1856d, sums received
    by a bureau or office of the Department of the Interior for fire
    protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of
    United States property, may be credited to the appropriation from which
    funds were expended to provide that protection, and are available
    without fiscal year limitation:  Provided further, That using the
    amounts designated under this title of this Act, the Secretary of the
    Interior may enter into procurement contracts, grants, or cooperative
    agreements, for fuels management activities, and for training and
    monitoring associated with such fuels management activities on Federal
    land, or on adjacent non-Federal land for activities that benefit
    resources on Federal land:  Provided further, That the costs of
    implementing any cooperative agreement between the Federal Government
    and any non-Federal entity may be shared, as mutually agreed on by the
    affected parties:  Provided further, That notwithstanding requirements
    of the Competition in Contracting Act, the Secretary, for purposes of
    fuels management activities, may obtain maximum practicable competition
    among: (1) local private, nonprofit, or cooperative entities; (2) Youth
    Conservation Corps crews, Public Lands Corps (Public Law 109-154), or
    related partnerships with State, local, or nonprofit youth groups; (3)
    small or micro-businesses; or (4) other entities that will hire or
    train locally a significant percentage, defined as 50 percent or more,
    of the project workforce to complete such contracts:  Provided further,
    That in implementing this section, the Secretary shall develop written
    guidance to field units to ensure accountability and consistent
    application of the authorities provided herein:  Provided further, That
    funds appropriated under this heading may be used to reimburse the
    United States Fish and Wildlife Service and the National Marine
    Fisheries Service for the costs of carrying out their responsibilities
    under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
    consult and conference, as required by section 7 of such Act, in
    connection with wildland fire management activities:  Provided further,
    That the Secretary of the Interior may use wildland fire appropriations
    to enter into leases of real property with local governments, at or
    below fair market value, to construct capitalized improvements for fire
    facilities on such leased properties, including but not limited to fire
    guard stations, retardant stations, and other initial attack and fire
    support facilities, and to make advance payments for any such lease or
    for construction activity associated with the lease:  Provided further,
    That the Secretary of the Interior and the Secretary of Agriculture may
    authorize the transfer of funds appropriated for wildland fire
    management, in an aggregate amount not to exceed $50,000,000 between
    the Departments when such transfers would facilitate and expedite
    wildland fire management programs and projects:  Provided further, That
    funds provided for wildfire suppression shall be available for support
    of Federal emergency response actions:  Provided further, That funds
    appropriated under this heading shall be available for assistance to or
    through the Department of State in connection with forest and rangeland
    research, technical information, and assistance in foreign countries,
    and, with the concurrence of the Secretary of State, shall be available
    to support forestry, wildland fire management, and related natural
    resource activities outside the United States and its territories and
    possessions, including technical assistance, education and training,
    and cooperation with United States and international organizations:
    Provided further, That of the funds provided under this heading
    $383,657,000 is provided to meet the terms of section
    251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended.

                  wildfire suppression operations reserve fund

                         (including transfers of funds)

        In addition to the amounts provided under the heading ``Department
    of the Interior--Department-Wide Programs--Wildland Fire Management''
    for wildfire suppression operations, $310,000,000, to remain available
    until transferred, is additional new budget authority as specified for
    purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
    Deficit Control Act of 1985:  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.), $10,010,000, to remain available until expended.

               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., $7,767,000, 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, $60,735,000, to
    remain available until expended:  Provided, That none of the funds
    appropriated in this Act or any other Act may be used to establish
    reserves in the Working Capital Fund account other than for accrued
    annual leave and depreciation of equipment without prior approval of
    the Committees on Appropriations of the House of Representatives and
    the Senate:  Provided further, That the Secretary of the Interior may
    assess reasonable charges to State, local, and tribal government
    employees for training services provided by the National Indian Program
    Training Center, other than training related to Public Law 93-638:
    Provided further, That the Secretary may lease or otherwise provide
    space and related facilities, equipment, or professional services of
    the National Indian Program Training Center to State, local and tribal
    government employees or persons or organizations engaged in cultural,
    educational, or recreational activities (as defined in section 3306(a)
    of title 40, United States Code) at the prevailing rate for similar
    space, facilities, equipment, or services in the vicinity of the
    National Indian Program Training Center:  Provided further, That all
    funds received pursuant to the two preceding provisos shall be credited
    to this account, shall be available until expended, and shall be used
    by the Secretary for necessary expenses of the National Indian Program
    Training Center:  Provided further, That the Secretary may enter into
    grants and cooperative agreements to support the Office of Natural
    Resource Revenue's collection and disbursement of royalties, fees, and
    other mineral revenue proceeds, as authorized by law.

                            administrative provision

        There is hereby authorized for acquisition from available resources
    within the Working Capital Fund, aircraft which may be obtained by
    donation, purchase, or through available excess surplus property:
    Provided, That existing aircraft being replaced may be sold, with
    proceeds derived or trade-in value used to offset the purchase price
    for the replacement aircraft.

                      office of natural resources revenue

        For necessary expenses for management of the collection and
    disbursement of royalties, fees, and other mineral revenue proceeds,
    and for grants and cooperative agreements, as authorized by law,
    $148,474,000, to remain available until September 30, 2022; of which
    $50,651,000 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.

                 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 regulatory authority in the event a primacy State
    is not carrying out the regulatory provisions of the Surface Mining
    Act:  Provided, That appropriations made in this title for wildland
    fire operations shall be available for the payment of obligations
    incurred during the preceding fiscal year, and for reimbursement to
    other Federal agencies for destruction of vehicles, aircraft, or other
    equipment in connection with their use for wildland fire operations,
    with such reimbursement to be credited to appropriations currently
    available at the time of receipt thereof:  Provided further, That for
    wildland fire operations, no funds shall be made available under this
    authority until the Secretary determines that funds appropriated for
    ``wildland fire suppression'' shall be exhausted within 30 days:
    Provided further, That all funds used pursuant to this section must be
    replenished by a supplemental appropriation, which must be requested as
    promptly as possible:  Provided further, That such replenishment funds
    shall be used to reimburse, on a pro rata basis, accounts from which
    emergency funds were transferred.

                            authorized use of funds

        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.

               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 fiscal year
    2021. Under circumstances of dual enrollment, overlapping service areas
    or inaccurate distribution methodologies, the 10 percent limitation
    does not apply.

                     ellis, governors, and liberty islands

        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

        Sec. 107. (a) In fiscal year 2021, 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 2021 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 2021. Fees for fiscal year 2021 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 non-rig
    units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
    assessed for all inspections completed in fiscal year 2021. Fees for
    fiscal year 2021 shall be--
                (1) $13,260 per inspection for non-rig units operating in
            water depths of 2,500 feet or more;
                (2) $11,530 per inspection for non-rig units operating in
            water depths between 500 and 2,499 feet; and
                (3) $4,470 per inspection for non-rig units operating in
            water depths of less than 500 feet.
        (e) The Secretary shall bill designated operators under subsection
    (b) quarterly, with payment required within 30 days of billing. The
    Secretary shall bill designated operators under subsection (c) within
    30 days of the end of the month in which the inspection occurred, with
    payment required within 30 days of billing. The Secretary shall bill
    designated operators under subsection (d) with payment required by the
    end of the following quarter.

      contracts and agreements for wild horse and burro holding facilities

        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.

                           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 2021, in carrying out work involving cooperation with
    State, local, and tribal governments or any political subdivision
    thereof, Indian Affairs may record obligations against accounts
    receivable from any such entities, except that total obligations at the
    end of the fiscal year shall not exceed total budgetary resources
    available at the end of the fiscal year.

            department of the interior experienced services program

        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
            status from the same or substantially equivalent job within the
            Department; or
                (3) affect existing contracts for services.

                              obligation of funds

        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.

                            extension of authorities

        Sec. 113. (a) Section 708(a) of division II of Public Law 104-333,
    as amended by Public Law 110-229 section 461, is further amended by
    striking `` $15,000,000'' and inserting `` $17,000,000''.
        (b) Section 109(a) of title I of Public Law 106-278 is amended by
    striking `` $10,000,000'' and inserting `` $12,000,000''.

                             separation of accounts

        Sec. 114.  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)

        Sec. 115.  Section 6906 of title 31, United States Code, shall be
    applied by substituting ``fiscal year 2021'' for ``fiscal year 2019''.

                                  sage-grouse

        Sec. 116.  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.

            disclosure of departure or alternate procedure approval

        Sec. 117. (a) Subject to subsection (b), beginning no later than
    180 days after the enactment of this Act, in any case in which the
    Bureau of Safety and Environmental Enforcement or the Bureau of Ocean
    Energy Management prescribes or approves any departure or use of
    alternate procedure or equipment, in regards to a plan or permit, under
    30 CFR 585.103, 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141, or 30
    CFR 250.142, the head of such bureau shall post a description of such
    departure or alternate procedure or equipment use approval on such
    bureau's publicly available website not more than 15 business days
    after such issuance.
        (b) The head of each bureau may exclude confidential business
    information.

                             medical services fund

        Sec. 118.  Beginning in fiscal year 2022 and for each fiscal year
    thereafter, fees collected pursuant to section 2404 of Public Law 116-9
    shall be deposited into the National Park Medical Services Fund
    established pursuant to such section of such Act as discretionary
    offsetting receipts.

                             interagency motor pool

        Sec. 119.  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.

                              long bridge project

        Sec. 120. (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.
        (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.

                                    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,
    $729,329,000, to remain available until September 30, 2022:  Provided,
    That of the funds included under this heading, $7,500,000 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).

                     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
    $19,000 for official reception and representation expenses,
    $2,761,550,000, to remain available until September 30, 2022:
    Provided, That of the funds included under this heading, $21,700,000
    shall be for Environmental 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, $541,972,000 shall be for
    Geographic Programs specified in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).
        In addition, $5,000,000 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 2021 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 2021 shall be reduced
    by the amount of discretionary offsetting receipts received during
    fiscal year 2021, so as to result in a final fiscal year 2021
    appropriation from the general fund estimated at not more than $0:
    Provided further, That to the extent that amounts realized from such
    receipts exceed $5,000,000, those amount in excess of $5,000,000 shall
    be deposited in the ``TSCA Service Fee Fund'' as discretionary
    offsetting receipts in fiscal year 2021, 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.

                Hazardous Waste Electronic Manifest System Fund

        For necessary expenses to carry out section 3024 of the Solid Waste
    Disposal Act (42 U.S.C. 6939g), including the development, operation,
    maintenance, and upgrading of the hazardous waste electronic manifest
    system established by such section, $8,000,000, to remain available
    until expended:  Provided, That the sum herein appropriated from the
    general fund shall be reduced as offsetting collections under such
    section 3024 are received during fiscal year 2021, which shall remain
    available until expended and be used for necessary expenses in this
    appropriation, so as to result in a final fiscal year 2021
    appropriation from the general fund estimated at not more than $0:
    Provided further, That to the extent such offsetting collections
    received in fiscal year 2021 exceed $8,000,000, those excess amounts
    shall remain available until expended and be used for necessary
    expenses in this appropriation.

                          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,
    $43,500,000, to remain available until September 30, 2022.

                            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, $33,752,000, to remain available until
    expended.

                         Hazardous Substance Superfund

                         (including transfers of funds)

        For necessary expenses to carry out the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), including
    sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and
    hire, maintenance, and operation of aircraft, $1,205,811,000, to remain
    available until expended, consisting of such sums as are available in
    the Trust Fund on September 30, 2020, as authorized by section 517(a)
    of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and
    up to $1,205,811,000 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, $11,586,000 shall be paid to the ``Office of
    Inspector General'' appropriation to remain available until September
    30, 2022, and $30,755,000 shall be paid to the ``Science and
    Technology'' appropriation to remain available until September 30,
    2022.

              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, $92,203,000, to remain available until expended, of which
    $66,834,000 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, $20,098,000, to
    be derived from the Oil Spill Liability trust fund, to remain available
    until expended.

                       State and Tribal Assistance Grants

        For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $4,313,901,000, 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 for fiscal year
            2021, 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 2021, 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 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
            2021 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 2021, 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 2021, notwithstanding the provisions of such
            subsections (g)(1), (h), and (l) of section 201 and section
            518(c) of the Federal Water Pollution Control Act, funds
            reserved by the Administrator for grants under section 518(c)
            of the Federal Water Pollution Control Act may also be used to
            provide assistance: (1) solely for facility plans, design
            activities, or plans, specifications, and estimates for any
            proposed project for the construction of treatment works; and
            (2) for the construction, repair, or replacement of privately
            owned treatment works serving one or more principal residences
            or small commercial establishments:  Provided further, That for
            fiscal year 2021, 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 2021,
            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 2021, 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
            2021, 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 2021,
            notwithstanding the limitations on amounts specified in section
            1452(j) of the Safe Drinking Water Act, up to 1.5 percent of
            the funds appropriated for the Drinking Water State Revolving
            Fund programs under the Safe Drinking Water Act may be reserved
            by the Administrator for grants made under section 1452(j) of
            the Safe Drinking Water Act:  Provided further, That 10 percent
            of the funds made available under this title to each State for
            Clean Water State Revolving Fund capitalization grants and 14
            percent of the funds made available under this title to each
            State for Drinking Water State Revolving Fund capitalization
            grants shall be used by the State to provide additional subsidy
            to eligible recipients in the form of forgiveness of principal,
            negative interest loans, or grants (or any combination of
            these), and shall be so used by the State only where such funds
            are provided as initial financing for an eligible recipient or
            to buy, refinance, or restructure the debt obligations of
            eligible recipients only where such debt was incurred on or
            after the date of enactment of this Act, or where such debt was
            incurred prior to the date of enactment of this Act if the
            State, with concurrence from the Administrator, determines that
            such funds could be used to help address a threat to public
            health from heightened exposure to lead in drinking water or if
            a Federal or State emergency declaration has been issued due to
            a threat to public health from heightened exposure to lead in a
            municipal drinking water supply before the date of enactment of
            this Act:  Provided further, That in a State in which such an
            emergency declaration has been issued, the State may use more
            than 14 percent of the funds made available under this title to
            the State for Drinking Water State Revolving Fund
            capitalization grants to provide additional subsidy to eligible
            recipients;
                (2) $30,000,000 shall be for architectural, engineering,
            planning, design, construction and related activities in
            connection with the construction of high priority water and
            wastewater facilities in the area of the United States-Mexico
            Border, after consultation with the appropriate border
            commission:  Provided, That no funds provided by this
            appropriations Act to address the water, wastewater and other
            critical infrastructure needs of the colonias in the United
            States along the United States-Mexico border shall be made
            available to a county or municipal government unless that
            government has established an enforceable local ordinance, or
            other zoning rule, which prevents in that jurisdiction the
            development or construction of any additional colonia areas, or
            the development within an existing colonia the construction of
            any new home, business, or other structure which lacks water,
            wastewater, or other necessary infrastructure;
                (3) $36,186,000 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) $90,982,000 shall be to carry out section 104(k) of the
            Comprehensive Environmental Response, Compensation, and
            Liability Act of 1980 (CERCLA), including grants, interagency
            agreements, and associated program support costs:  Provided,
            That at least 10 percent shall be allocated for assistance in
            persistent poverty counties:  Provided further, That for
            purposes of this section, the term ``persistent poverty
            counties'' means any county that has had 20 percent or more of
            its population living in poverty over the past 30 years, as
            measured by the 1990 and 2000 decennial censuses and the most
            recent Small Area Income and Poverty Estimates, or any
            territory or possession of the United States;
                (5) $90,000,000 shall be for grants under title VII,
            subtitle G of the Energy Policy Act of 2005;
                (6) $59,000,000 shall be for targeted airshed grants in
            accordance with the terms and conditions in the explanatory
            statement described in section 4 (in the matter preceding
            division A of this consolidated Act);
                (7) $4,000,000 shall be to carry out the water quality
            program authorized in section 5004(d) of the Water
            Infrastructure Improvements for the Nation Act (Public Law 114-
            322);
                (8) $26,408,000 shall be for grants under subsections (a)
            through (j) of section 1459A of the Safe Drinking Water Act (42
            U.S.C. 300j-19a);
                (9) $26,500,000 shall be for grants under section 1464(d)
            of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
                (10) $21,511,000 shall be for grants under section 1459B of
            the Safe Drinking Water Act (42 U.S.C. 300j-19b);
                (11) $4,000,000 shall be for grants under section 1459A(l)
            of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
                (12) $18,000,000 shall be for grants under section
            104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C.
            1254(b)(8));
                (13) $40,000,000 shall be for grants under section 221 of
            the Federal Water Pollution Control Act (33 U.S.C. 1301);
                (14) $3,000,000 shall be for grants under section 4304(b)
            of the America's Water Infrastructure Act of 2018 (Public Law
            115-270); and
                (15) $1,099,400,000 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 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; $17,924,000 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; $10,000,000 shall be for
            multipurpose grants, including interagency agreements, 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).

          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, $59,500,000, 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 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, $5,500,000, to
    remain available until September 30, 2022.

           Administrative Provisions--Environmental Protection Agency

                 (including transfers and rescission of funds)

        For fiscal year 2021, notwithstanding 31 U.S.C. 6303(1) and
    6305(1), the Administrator of the Environmental Protection Agency, in
    carrying out the Agency's function to implement directly Federal
    environmental programs required or authorized by law in the absence of
    an acceptable tribal program, may award cooperative agreements to
    federally recognized Indian tribes or Intertribal consortia, if
    authorized by their member tribes, to assist the Administrator in
    implementing Federal environmental programs for Indian tribes required
    or authorized by law, except that no such cooperative agreements may be
    awarded from funds designated for State financial assistance
    agreements.
        The Administrator of the Environmental Protection Agency is
    authorized to collect and obligate pesticide registration service fees
    in accordance with section 33 of the Federal Insecticide, Fungicide,
    and Rodenticide Act (7 U.S.C. 136w-8).
        Notwithstanding section 33(d)(2) of the Federal Insecticide,
    Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
    Administrator of the Environmental Protection Agency may assess fees
    under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2021.
        The Administrator is authorized to transfer up to $330,000,000 of
    the funds appropriated for the Great Lakes Restoration Initiative under
    the heading ``Environmental Programs and Management'' to the head of
    any Federal department or agency, with the concurrence of such head, to
    carry out activities that would support the Great Lakes Restoration
    Initiative and Great Lakes Water Quality Agreement programs, projects,
    or activities; to enter into an interagency agreement with the head of
    such Federal department or agency to carry out these activities; and to
    make grants to governmental entities, nonprofit organizations,
    institutions, and individuals for planning, research, monitoring,
    outreach, and implementation in furtherance of the Great Lakes
    Restoration Initiative and the Great Lakes Water Quality Agreement.
        The Science and Technology, Environmental Programs and Management,
    Office of Inspector General, Hazardous Substance Superfund, and Leaking
    Underground Storage Tank Trust Fund Program Accounts, are available for
    the construction, alteration, repair, rehabilitation, and renovation of
    facilities, provided that the cost does not exceed $150,000 per
    project.
        For fiscal year 2021, 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 2021 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 $1,500,000 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).
        For fiscal year 2021, 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.
        Of the unobligated balances available for the ``State and Tribal
    Assistance Grants'' account, $27,991,000 are hereby 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.

                                   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, $875,000:  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, $1,026,163,000, to remain available through September 30,
    2024:  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 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
    administrative support function expenses 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, $258,760,000, to remain available through September
    30, 2024:  Provided, That of the funds provided, $17,621,000 is for the
    forest inventory and analysis program:  Provided further, That all
    authorities for the use of funds, including the use of contracts,
    grants, and cooperative agreements, available to execute the Forest and
    Rangeland Research appropriation, are also available in the utilization
    of these funds for Fire Science Research.

                           state and private forestry

                        (including rescission of funds)

        For necessary expenses of cooperating with and providing technical
    and financial assistance to States, territories, possessions, and
    others, and for forest health management, and conducting an
    international program and trade compliance activities as authorized,
    $267,180,000, to remain available through September 30, 2024, as
    authorized by law.
        Of the unobligated balances from amounts made available for the
    Forest Legacy Program and derived from the Land and Water Conservation
    Fund, $5,809,000 is hereby permanently rescinded from projects with
    cost savings or failed or partially failed projects:  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 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, $1,786,870,000, to remain available through
    September 30, 2024:  Provided, That of the funds provided, $13,787,000
    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 of the funds provided, $37,017,000
    shall be for forest products:  Provided further, That of the funds
    provided, $180,388,000 shall be for hazardous fuels management
    activities, of which not to exceed $12,454,000 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 Forestry 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'' appropriations:  Provided further,
    That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act
    (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for
    grazing on a National Grassland, may provide a credit of up to 50
    percent of the calculated fee to a Grazing Association or direct
    permittee for a conservation practice approved by the Secretary in
    advance of the fiscal year in which the cost of the conservation
    practice is incurred, and that the amount credited shall remain
    available to the Grazing Association or the direct permittee, as
    appropriate, in the fiscal year in which the credit is made and each
    fiscal year thereafter for use on the project for conservation
    practices approved by the Secretary:  Provided further, That funds
    appropriated to this account shall be available for the base salary and
    expenses of employees that carry out the functions funded by the
    ``Capital Improvement and Maintenance'' account, the ``Range Betterment
    Fund'' account, and the ``Management of National Forests for
    Subsistence Uses'' account.

                      Capital Improvement and Maintenance

                         (including transfer of funds)

        For necessary expenses of the Forest Service, not otherwise
    provided for, $140,371,000, to remain available through September 30,
    2024, 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 funds becoming available in fiscal year 2021
    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.

                                land acquisition

                             (rescission of funds)

        Of the unobligated balances from amounts made available for Land
    Acquisition and derived from the Land and Water Conservation Fund,
    $5,619,000 is hereby permanently rescinded from projects with cost
    savings or failed or partially failed projects:  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.

             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, 2024, (16
    U.S.C. 516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591;
    and Public Law 78-310).

                             range betterment fund

        For necessary expenses of range rehabilitation, protection, and
    improvement, 50 percent of all moneys received during the prior fiscal
    year, as fees for grazing domestic livestock on lands in National
    Forests in the 16 Western States, pursuant to section 401(b)(1) of
    Public Law 94-579, to remain available through September 30, 2024, of
    which not to exceed 6 percent shall be available for administrative
    expenses associated with on-the-ground range rehabilitation,
    protection, and improvements.

        gifts, donations and bequests for forest and rangeland research

        For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
    available through September 30, 2024, 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, 2024.

                            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, $1,927,241,000, 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 the meet the terms of section
    251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended.

                  wildfire suppression operations reserve fund

                         (including transfers of funds)

        In addition to the amounts provided under the heading ``Department
    of Agriculture--Forest Service--Wildland Fire Management'' for wildfire
    suppression operations, $2,040,000,000, to remain available until
    transferred, is additional new budget authority as specified for
    purposes of section 251(b)(2)(F) of the Balanced Budget and Emergency
    Deficit Control Act of 1985:  Provided, That such amounts may be
    transferred to and merged with amounts made available under the
    headings ``Department of the Interior--Department-Wide Programs--
    Wildland Fire Management'' and ``Department of Agriculture--Forest
    Service--Wildland Fire Management'' for wildfire suppression operations
    in the fiscal year in which such amounts are transferred:  Provided
    further, That amounts may be transferred to the ``Wildland Fire
    Management'' accounts in the Department of the Interior or the
    Department of Agriculture only upon the notification of the House and
    Senate Committees on Appropriations that all wildfire suppression
    operations funds appropriated under that heading in this and prior
    appropriations Acts to the agency to which the funds will be
    transferred will be obligated within 30 days:  Provided further, That
    the transfer authority provided under this heading is in addition to
    any other transfer authority provided by law:  Provided further, That,
    in determining whether all wildfire suppression operations funds
    appropriated under the heading ``Wildland Fire Management'' in this and
    prior appropriations Acts to either the Department of Agriculture or
    the Department of the Interior will be obligated within 30 days
    pursuant to the previous proviso, any funds transferred or permitted to
    be transferred pursuant to any other transfer authority provided by law
    shall be excluded.

                       communications site administration

                         (including transfer of funds)

        Amounts collected in this fiscal year pursuant to section
    8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115-
    334), shall be deposited in the special account established by section
    8705(f)(1) of such Act, shall be available to cover the costs described
    in subsection (c)(3) of such section of such Act, and shall remain
    available until expended:  Provided, That such amounts shall be
    transferred to the ``National Forest System'' account.

                   administrative provisions--forest service

                         (including transfers of funds)

        Appropriations to the Forest Service for the current fiscal year
    shall be available for: (1) purchase of passenger motor vehicles;
    acquisition of passenger motor vehicles from excess sources, and hire
    of such vehicles; purchase, lease, operation, maintenance, and
    acquisition of aircraft to maintain the operable fleet for use in
    Forest Service wildland fire programs and other Forest Service
    programs; notwithstanding other provisions of law, existing aircraft
    being replaced may be sold, with proceeds derived or trade-in value
    used to offset the purchase price for the replacement aircraft; (2)
    services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
    employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
    of buildings and other public improvements (7 U.S.C. 2250); (4)
    acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
    428a; (5) for expenses pursuant to the Volunteers in the National
    Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
    of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
    collection contracts in accordance with 31 U.S.C. 3718(c).
        Funds made available to the Forest Service in this Act may be
    transferred between accounts affected by the Forest Service budget
    restructure outlined in section 435 of division D of the Further
    Consolidated Appropriations Act, 2020 (Public Law 116-94):  Provided,
    That any transfer of funds pursuant to this paragraph shall not
    increase or decrease the funds appropriated to any account in this
    fiscal year by more than ten percent:  Provided further, That such
    transfer authority is in addition to any other transfer authority
    provided by law.
        Any appropriations or funds available to the Forest Service may be
    transferred to the Wildland Fire Management appropriation for forest
    firefighting, emergency rehabilitation of burned-over or damaged lands
    or waters under its jurisdiction, and fire preparedness due to severe
    burning conditions upon the Secretary of Agriculture's notification of
    the House and Senate Committees on Appropriations that all fire
    suppression funds appropriated under the heading ``Wildland Fire
    Management'' will be obligated within 30 days:  Provided, That all
    funds used pursuant to this paragraph must be replenished by a
    supplemental appropriation which must be requested as promptly as
    possible.
        Not more than $50,000,000 of funds appropriated to the Forest
    Service shall be available for expenditure or transfer to the
    Department of the Interior for wildland fire management, hazardous
    fuels management, and State fire assistance when such transfers would
    facilitate and expedite wildland fire management programs and projects.
        Notwithstanding any other provision of this Act, the Forest Service
    may transfer unobligated balances of discretionary funds appropriated
    to the Forest Service by this Act to or within the National Forest
    System Account, or reprogram funds to be used for the purposes of
    hazardous fuels management and urgent rehabilitation of burned-over
    National Forest System lands and water, such transferred funds shall
    remain available through September 30, 2024:  Provided, That none of
    the funds transferred pursuant to this section shall be available for
    obligation without written notification to and the prior approval of
    the Committees on Appropriations of both Houses of Congress.
        Funds appropriated to the Forest Service shall be available for
    assistance to or through the Agency for International Development in
    connection with forest and rangeland research, technical information,
    and assistance in foreign countries, and shall be available to support
    forestry and related natural resource activities outside the United
    States and its territories and possessions, including technical
    assistance, education and training, and cooperation with U.S., private,
    and international organizations. The Forest Service, acting for the
    International Program, may sign direct funding agreements with foreign
    governments and institutions as well as other domestic agencies
    (including the U.S. Agency for International Development, the
    Department of State, and the Millennium Challenge Corporation), U.S.
    private sector firms, institutions and organizations to provide
    technical assistance and training programs overseas on forestry and
    rangeland management.
        Funds appropriated to the Forest Service shall be available for
    expenditure or transfer to the Department of the Interior, Bureau of
    Land Management, for removal, preparation, and adoption of excess wild
    horses and burros from National Forest System lands, and for the
    performance of cadastral surveys to designate the boundaries of such
    lands.
        None of the funds made available to the Forest Service in this Act
    or any other Act with respect to any fiscal year shall be subject to
    transfer under the provisions of section 702(b) of the Department of
    Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
    Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-171
    (7 U.S.C. 8316(b)).
        Not more than $82,000,000 of funds available to the Forest Service
    shall be transferred to the Working Capital Fund of the Department of
    Agriculture and not more than $14,500,000 of funds available to the
    Forest Service shall be transferred to the Department of Agriculture
    for Department Reimbursable Programs, commonly referred to as Greenbook
    charges. Nothing in this paragraph shall prohibit or limit the use of
    reimbursable agreements requested by the Forest Service in order to
    obtain information technology services, including telecommunications
    and system modifications or enhancements, from the Working Capital Fund
    of the Department of Agriculture.
        Of the funds available to the Forest Service, up to $5,000,000
    shall be available for priority projects within the scope of the
    approved budget, which shall be carried out by the Youth Conservation
    Corps and shall be carried out under the authority of the Public Lands
    Corps Act of 1993 (16 U.S.C. 1721 et seq.).
        Of the funds available to the Forest Service, $4,000 is available
    to the Chief of the Forest Service for official reception and
    representation expenses.
        Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
    the funds available to the Forest Service, up to $3,000,000 may be
    advanced in a lump sum to the National Forest Foundation to aid
    conservation partnership projects in support of the Forest Service
    mission, without regard to when the Foundation incurs expenses, for
    projects on or benefitting National Forest System lands or related to
    Forest Service programs:  Provided, That of the Federal funds made
    available to the Foundation, no more than $300,000 shall be available
    for administrative expenses:  Provided further, That the Foundation
    shall obtain, by the end of the period of Federal financial assistance,
    private contributions to match funds made available by the Forest
    Service on at least a one-for-one basis:  Provided further, That the
    Foundation may transfer Federal funds to a Federal or a non-Federal
    recipient for a project at the same rate that the recipient has
    obtained the non-Federal matching funds.
        Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
    of the funds available to the Forest Service may be advanced to the
    National Fish and Wildlife Foundation in a lump sum to aid cost-share
    conservation projects, without regard to when expenses are incurred, on
    or benefitting National Forest System lands or related to Forest
    Service programs:  Provided, That such funds shall be matched on at
    least a one-for-one basis by the Foundation or its sub-recipients:
    Provided further, That the Foundation may transfer Federal funds to a
    Federal or non-Federal recipient for a project at the same rate that
    the recipient has obtained the non-Federal matching funds.
        Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities and natural resource-based businesses for sustainable rural
    development purposes.
        Funds appropriated to the Forest Service shall be available for
    payments to counties within the Columbia River Gorge National Scenic
    Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
    Public Law 99-663.
        Any funds appropriated to the Forest Service may be used to meet
    the non-Federal share requirement in section 502(c) of the Older
    Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
        The Forest Service shall not assess funds for the purpose of
    performing fire, administrative, and other facilities maintenance and
    decommissioning.
        Notwithstanding any other provision of law, of any appropriations
    or funds available to the Forest Service, not to exceed $500,000 may be
    used to reimburse the Office of the General Counsel (OGC), Department
    of Agriculture, for travel and related expenses incurred as a result of
    OGC assistance or participation requested by the Forest Service at
    meetings, training sessions, management reviews, land purchase
    negotiations, and similar matters unrelated to civil litigation. Future
    budget justifications for both the Forest Service and the Department of
    Agriculture should clearly display the sums previously transferred and
    the sums requested for transfer.
        An eligible individual who is employed in any project funded under
    title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
    administered by the Forest Service shall be considered to be a Federal
    employee for purposes of chapter 171 of title 28, United States Code.

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                             Indian Health Service

                             indian health services

        For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination and Education Assistance Act,
    the Indian Health Care Improvement Act, and titles II and III of the
    Public Health Service Act with respect to the Indian Health Service,
    $4,301,391,000 to remain available until September 30, 2022, 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 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 $975,856,000 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 $41,000,000 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 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 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, $72,280,000 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:
    Provided further, That none of the amounts made available under this
    heading to the Indian Health Service for the Electronic Health Record
    system shall be available for obligation or expenditure for the
    selection or implementation of a new Information Technology
    Infrastructure system until the report and directive is received by the
    Committees on Appropriations of the House of Representatives and the
    Senate in accordance with the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).

                             contract support costs

        For payments to tribes and tribal organizations for contract
    support costs associated with Indian Self-Determination and Education
    Assistance Act agreements with the Indian Health Service for fiscal
    year 2021, such sums as may be necessary:  Provided, That
    notwithstanding any other provision of law, no amounts made available
    under this heading shall be available for transfer to another budget
    account:  Provided further, That amounts obligated but not expended by
    a tribe or tribal organization for contract support costs for such
    agreements for the current fiscal year shall be applied to contract
    support costs due for such agreements for subsequent fiscal years.

                           payments for tribal leases

        For payments to tribes and tribal organizations for leases pursuant
    to section 105(l) of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2021, such sums as
    may be necessary, which shall be available for obligation through
    September 30, 2022:  Provided, That notwithstanding any other provision
    of law, no amounts made available under this heading shall be available
    for transfer to another budget account.

                            indian health facilities

        For construction, repair, maintenance, demolition, improvement, and
    equipment of health and related auxiliary facilities, including
    quarters for personnel; preparation of plans, specifications, and
    drawings; acquisition of sites, purchase and erection of modular
    buildings, and purchases of trailers; and for provision of domestic and
    community sanitation facilities for Indians, as authorized by section 7
    of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
    Determination Act, and the Indian Health Care Improvement Act, and for
    expenses necessary to carry out such Acts and titles II and III of the
    Public Health Service Act with respect to environmental health and
    facilities support activities of the Indian Health Service,
    $917,888,000 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 none of the funds appropriated to the Indian
    Health Service may be used for sanitation facilities construction for
    new homes funded with grants by the housing programs of the United
    States Department of Housing and Urban Development.

                administrative provisions--indian health service

        Appropriations provided in this Act to the Indian Health Service
    shall be available for services as authorized by 5 U.S.C. 3109 at rates
    not to exceed the per diem rate equivalent to the maximum rate payable
    for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
    vehicles and aircraft; purchase of medical equipment; purchase of
    reprints; purchase, renovation, and erection of modular buildings and
    renovation of existing facilities; payments for telephone service in
    private residences in the field, when authorized under regulations
    approved by the Secretary of Health and Human Services; uniforms, or
    allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
    expenses of attendance at meetings that relate to the functions or
    activities of the Indian Health Service:  Provided, That in accordance
    with the provisions of the Indian Health Care Improvement Act, non-
    Indian patients may be extended health care at all tribally
    administered or Indian Health Service facilities, subject to charges,
    and the proceeds along with funds recovered under the Federal Medical
    Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
    account of the facility providing the service and shall be available
    without fiscal year limitation:  Provided further, That notwithstanding
    any other law or regulation, funds transferred from the Department of
    Housing and Urban Development to the Indian Health Service shall be
    administered under Public Law 86-121, the Indian Sanitation Facilities
    Act and Public Law 93-638:  Provided further, That funds appropriated
    to the Indian Health Service in this Act, except those used for
    administrative and program direction purposes, shall not be subject to
    limitations directed at curtailing Federal travel and transportation:
    Provided further, That none of the funds made available to the Indian
    Health Service in this Act shall be used for any assessments or charges
    by the Department of Health and Human Services unless identified in the
    budget justification and provided in this Act, or approved by the House
    and Senate Committees on Appropriations through the reprogramming
    process:  Provided further, That notwithstanding any other provision of
    law, funds previously or herein made available to a tribe or tribal
    organization through a contract, grant, or agreement authorized by
    title I or title V of the Indian Self-Determination and Education
    Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be deobligated and
    reobligated to a self-determination contract under title I, or a self-
    governance agreement under title V of such Act and thereafter shall
    remain available to the tribe or tribal organization without fiscal
    year limitation:  Provided further, That none of the funds made
    available to the Indian Health Service in this Act shall be used to
    implement the final rule published in the Federal Register on September
    16, 1987, by the Department of Health and Human Services, relating to
    the eligibility for the health care services of the Indian Health
    Service until the Indian Health Service has submitted a budget request
    reflecting the increased costs associated with the proposed final rule,
    and such request has been included in an appropriations Act and enacted
    into law:  Provided further, That with respect to functions transferred
    by the Indian Health Service to tribes or tribal organizations, the
    Indian Health Service is authorized to provide goods and services to
    those entities on a reimbursable basis, including payments in advance
    with subsequent adjustment, and the reimbursements received therefrom,
    along with the funds received from those entities pursuant to the
    Indian Self-Determination Act, may be credited to the same or
    subsequent appropriation account from which the funds were originally
    derived, with such amounts to remain available until expended:
    Provided further, That reimbursements for training, technical
    assistance, or services provided by the Indian Health Service will
    contain total costs, including direct, administrative, and overhead
    costs associated with the provision of goods, services, or technical
    assistance:  Provided further, That the Indian Health Service may
    provide to civilian medical personnel serving in hospitals operated by
    the Indian Health Service housing allowances equivalent to those that
    would be provided to members of the Commissioned Corps of the United
    States Public Health Service serving in similar positions at such
    hospitals:  Provided further, That the appropriation structure for the
    Indian Health Service may not be altered without advance notification
    to the House and Senate Committees on Appropriations.

                         National Institutes of Health

              national institute of environmental health sciences

        For necessary expenses for the National Institute of Environmental
    Health Sciences in carrying out activities set forth in section 311(a)
    of the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
    Superfund Amendments and Reauthorization Act of 1986, $81,500,000.

                Agency for Toxic Substances and Disease Registry

                toxic substances and environmental public health

        For necessary expenses for the Agency for Toxic Substances and
    Disease Registry (ATSDR) in carrying out activities set forth in
    sections 104(i) and 111(c)(4) of the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA) and section
    3019 of the Solid Waste Disposal Act, $78,000,000:  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 2021, 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, $3,500,000:  Provided, That notwithstanding
    section 202 of the National Environmental Policy Act of 1970, the
    Council shall consist of one member, appointed by the President, by and
    with the advice and consent of the Senate, serving as chairman and
    exercising all powers, functions, and duties of the Council.

                 Chemical Safety and Hazard Investigation Board

                             salaries and expenses

        For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, including hire of passenger
    vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
    5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
    for individuals not to exceed the per diem equivalent to the maximum
    rate payable for senior level positions under 5 U.S.C. 5376,
    $12,000,000:  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
    position of Inspector General of the Board:  Provided further, That
    notwithstanding any other provision of law, the Inspector General of
    the Board shall utilize personnel of the Office of Inspector General of
    EPA in performing the duties of the Inspector General of the Board, and
    shall not appoint any individuals to positions within the Board.

                  Office of Navajo and Hopi Indian Relocation

                             salaries and expenses

        For necessary expenses of the Office of Navajo and Hopi Indian
    Relocation as authorized by Public Law 93-531, $4,000,000, to remain
    available until expended:  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.), $10,772,000, which shall
    become available on July 1, 2021, and shall remain available until
    September 30, 2022.

                            Smithsonian Institution

                             salaries and expenses

        For necessary expenses of the Smithsonian Institution, as
    authorized by law, including research in the fields of art, science,
    and history; development, preservation, and documentation of the
    National Collections; presentation of public exhibits and performances;
    collection, preparation, dissemination, and exchange of information and
    publications; conduct of education, training, and museum assistance
    programs; maintenance, alteration, operation, lease agreements of no
    more than 30 years, and protection of buildings, facilities, and
    approaches; not to exceed $100,000 for services as authorized by 5
    U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
    employees, $818,192,000, to remain available until September 30, 2022,
    except as otherwise provided herein; of which not to exceed $6,957,000
    for the instrumentation program, collections acquisition, exhibition
    reinstallation, 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, $214,530,000, to remain available until expended, of which
    not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
    3109.

                            National Gallery of Art

                             salaries and expenses

        For the upkeep and operations of the National Gallery of Art, the
    protection and care of the works of art therein, and administrative
    expenses incident thereto, as authorized by the Act of March 24, 1937
    (50 Stat. 51), as amended by the public resolution of April 13, 1939
    (Public Resolution 9, 76th Congress), including services as authorized
    by 5 U.S.C. 3109; payment in advance when authorized by the treasurer
    of the Gallery for membership in library, museum, and art associations
    or societies whose publications or services are available to members
    only, or to members at a price lower than to the general public;
    purchase, repair, and cleaning of uniforms for guards, and uniforms, or
    allowances therefor, for other employees as authorized by law (5 U.S.C.
    5901-5902); purchase or rental of devices and services for protecting
    buildings and contents thereof, and maintenance, alteration,
    improvement, and repair of buildings, approaches, and grounds; and
    purchase of services for restoration and repair of works of art for the
    National Gallery of Art by contracts made, without advertising, with
    individuals, firms, or organizations at such rates or prices and under
    such terms and conditions as the Gallery may deem proper, $153,242,000,
    to remain available until September 30, 2022, of which not to exceed
    $3,700,000 for the special exhibition program shall remain available
    until expended.

                repair, restoration and renovation of buildings

        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, $23,203,000,
    to remain available until expended:  Provided, That of this amount,
    $1,510,000 shall be available for design of an off-site art storage
    facility in partnership with the Smithsonian Institution:  Provided
    further, That contracts awarded for environmental systems, protection
    systems, and exterior repair or renovation of buildings of the National
    Gallery of Art may be negotiated with selected contractors and awarded
    on the basis of contractor qualifications as well as price.

                 John F. Kennedy Center for the Performing Arts

                           operations and maintenance

        For necessary expenses for the operation, maintenance, and security
    of the John F. Kennedy Center for the Performing Arts, $26,400,000, to
    remain available until September, 30, 2022.

                         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, $14,000,000, to remain available until
    expended.

                Woodrow Wilson International Center for Scholars

                             salaries and expenses

        For expenses necessary in carrying out the provisions of the
    Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
    passenger vehicles and services as authorized by 5 U.S.C. 3109,
    $14,000,000, to remain available until September 30, 2022.

               National Foundation on the Arts and the Humanities

                        National Endowment for the Arts

                           grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, $167,500,000 shall be available to
    the National Endowment for the Arts for the support of projects and
    productions in the arts, including arts education and public outreach
    activities, through assistance to organizations and individuals
    pursuant to section 5 of the Act, for program support, and for
    administering the functions of the Act, to remain available until
    expended.

                     National Endowment for the Humanities

                           grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, $167,500,000 to remain available
    until expended, of which $152,500,000 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 $15,000,000 shall be
    available to carry out the matching grants program pursuant to section
    10(a)(2) of the Act, including $13,000,000 for the purposes of section
    7(h):  Provided, That appropriations for carrying out section 10(a)(2)
    shall be available for obligation only in such amounts as may be equal
    to the total amounts of gifts, bequests, devises of money, and other
    property accepted by the chairman or by grantees of the National
    Endowment for the Humanities under the provisions of sections
    11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
    years for which equal amounts have not previously been appropriated.

                           Administrative Provisions

        None of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used to process any grant or contract
    documents which do not include the text of 18 U.S.C. 1913:  Provided,
    That none of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used for official reception and
    representation expenses:  Provided further, That funds from
    nonappropriated sources may be used as necessary for official reception
    and representation expenses:  Provided further, That the Chairperson of
    the National Endowment for the Arts may approve grants of up to
    $10,000, if in the aggregate the amount of such grants does not exceed
    5 percent of the sums appropriated for grantmaking purposes per year:
    Provided further, That such small grant actions are taken pursuant to
    the terms of an expressed and direct delegation of authority from the
    National Council on the Arts to the Chairperson.

                            Commission of Fine Arts

                             salaries and expenses

        For expenses of the Commission of Fine Arts under chapter 91 of
    title 40, United States Code, $3,240,000:  Provided, That the
    Commission is authorized to charge fees to cover the full costs of its
    publications, and such fees shall be credited to this account as an
    offsetting collection, to remain available until expended without
    further appropriation:  Provided further, That the Commission is
    authorized to accept gifts, including objects, papers, artwork,
    drawings and artifacts, that pertain to the history and design of the
    Nation's Capital or the history and activities of the Commission of
    Fine Arts, for the purpose of artistic display, study, or education:
    Provided further, That one-tenth of one percent of the funds provided
    under this heading may be used for official reception and
    representation expenses.

                   national capital arts and cultural affairs

        For necessary expenses as authorized by Public Law 99-190 (20
    U.S.C. 956a), $5,000,000.

                   Advisory Council on Historic Preservation

                             salaries and expenses

        For necessary expenses of the Advisory Council on Historic
    Preservation (Public Law 89-665), $7,400,000.

                      National Capital Planning Commission

                             salaries and expenses

        For necessary expenses of the National Capital Planning Commission
    under chapter 87 of title 40, United States Code, including services as
    authorized by 5 U.S.C. 3109, $8,124,000:  Provided, That one-quarter of
    1 percent of the funds provided under this heading may be used for
    official reception and representational expenses associated with
    hosting international visitors engaged in the planning and physical
    development of world capitals.

                    United States Holocaust Memorial Museum

                           holocaust memorial museum

        For expenses of the Holocaust Memorial Museum, as authorized by
    Public Law 106-292 (36 U.S.C. 2301-2310), $61,388,000, of which
    $715,000 shall remain available until September 30, 2023, for the
    Museum's equipment replacement program; and of which $3,000,000 for the
    Museum's repair and rehabilitation program and $1,264,000 for the
    Museum's outreach initiatives program shall remain available until
    expended.

                                 Presidio Trust

        The Presidio Trust is authorized to issue obligations to the
    Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus
    Parks and Public Lands Management Act of 1996 (Public Law 104-333), in
    an amount not to exceed $20,000,000.

                    Dwight D. Eisenhower Memorial Commission

                             salaries and expenses

        For necessary expenses of the Dwight D. Eisenhower Memorial
    Commission, $1,000,000, to remain available until expended.

                       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,
    $7,000,000, to remain available until September 30, 2022:  Provided,
    That in addition to the authority provided by section 6(g) of such Act,
    the World War I Commission may accept money, in-kind personnel
    services, contractual support, or any appropriate support from any
    executive branch agency for activities of the Commission.

      alyce spotted bear and walter soboleff commission on native children

        For necessary expenses of the Alyce Spotted Bear and Walter
    Soboleff Commission on Native Children (referred to in this paragraph
    as the ``Commission''), $500,000, to remain available until September
    30, 2022:  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.

                                    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.

                              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, 2022, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Natural Resources of the House and the Committee on
    Energy and Natural Resources of the Senate a report on actions taken by
    the Department under the plan submitted pursuant to section 314(c) of
    the Department of the Interior and Related Agencies Appropriations Act,
    1997 (Public Law 104-208).
        (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Director
    of the Bureau of Land Management to conduct a mineral examination of
    the mining claims or mill sites contained in a patent application as
    set forth in subsection (b). The Bureau of Land Management shall have
    the sole responsibility to choose and pay the third-party contractor in
    accordance with the standard procedures employed by the Bureau of Land
    Management in the retention of third-party contractors.

                 contract support costs, prior year limitation

        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 2021.

              contract support costs, fiscal year 2021 limitation

        Sec. 406.  Amounts provided by this Act for fiscal year 2021 under
    the headings ``Department of Health and Human Services, Indian Health
    Service, Contract Support Costs'' and ``Department of the Interior,
    Bureau of Indian Affairs and Bureau of Indian Education, Contract
    Support Costs'' are the only amounts available for contract support
    costs arising out of self-determination or self-governance contracts,
    grants, compacts, or annual funding agreements for fiscal year 2021
    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

        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.

                     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 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.

                national endowment for the arts grant guidelines

        Sec. 412.  Of the funds provided to the National Endowment for the
    Arts--
                (1) The Chairperson shall only award a grant to an
            individual if such grant is awarded to such individual for a
            literature fellowship, National Heritage Fellowship, or
            American Jazz Masters Fellowship.
                (2) The Chairperson shall establish procedures to ensure
            that no funding provided through a grant, except a grant made
            to a State or local arts agency, or regional group, may be used
            to make a grant to any other organization or individual to
            conduct activity independent of the direct grant recipient.
            Nothing in this subsection shall prohibit payments made in
            exchange for goods and services.
                (3) No grant shall be used for seasonal support to a group,
            unless the application is specific to the contents of the
            season, including identified programs or projects.

               national endowment for the arts program priorities

        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
                (4) the Chairperson shall encourage the use of grants to
            improve and support community-based music performance and
            education.

                    national endowment for the arts waivers

        Sec. 414.  Notwithstanding any other provision of law, funds made
    available under the heading ``National Foundation on the Arts and the
    Humanities--National Endowment for the Arts--Grants and
    Administration'' of this Act and under such heading for fiscal years
    2019 and 2020 for grants for the purposes described in section 5(c) of
    the National Foundation on the Arts and Humanities Act of 1965 (20
    U.S.C. 954(c)) may also be used by the recipients of such grants for
    purposes of the general operations of such recipients.

                 national endowment for the humanities waivers

        Sec. 415.  Notwithstanding any other provision of law, funds made
    available under the heading ``National Foundation on the Arts and the
    Humanities--National Endowment for the Humanities--Grants and
    Administration'' of this Act and under such heading for fiscal years
    2019 and 2020 for grants for the purposes described in section 7(c) and
    7(h)(1) of the National Foundation on the Arts and Humanities Act of
    1965 may also be used by the recipients of such grants for purposes of
    the general operations of such recipients.

                      status of balances of appropriations

        Sec. 416.  The Department of the Interior, the Environmental
    Protection Agency, the Forest Service, and the Indian Health Service
    shall provide the Committees on Appropriations of the House of
    Representatives and Senate quarterly reports on the status of balances
    of appropriations including all uncommitted, committed, and unobligated
    funds in each program and activity within 60 days of enactment of this
    Act.

                          extension of grazing permits

        Sec. 417.  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 2021.

                              funding prohibition

        Sec. 418. (a) None of the funds made available in this Act may be
    used to maintain or establish a computer network unless such network is
    designed to block access to pornography websites.
        (b) Nothing in subsection (a) shall limit the use of funds
    necessary for any Federal, State, tribal, or local law enforcement
    agency or any other entity carrying out criminal investigations,
    prosecution, or adjudication activities.

                    humane transfer and treatment of animals

        Sec. 419. (a) Notwithstanding any other provision of law, the
    Secretary of the Interior, with respect to land administered by the
    Bureau of Land Management, or the Secretary of Agriculture, with
    respect to land administered by the Forest Service (referred to in this
    section as the ``Secretary concerned''), may transfer excess wild
    horses and burros that have been removed from land administered by the
    Secretary concerned to other Federal, State, and local government
    agencies for use as work animals.
        (b) The Secretary concerned may make a transfer under subsection
    (a) immediately on the request of a Federal, State, or local government
    agency.
        (c) An excess wild horse or burro transferred under subsection (a)
    shall lose status as a wild free-roaming horse or burro (as defined in
    section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
    Roaming Horses and Burros Act'') (16 U.S.C. 1332)).
        (d) A Federal, State, or local government agency receiving an
    excess wild horse or burro pursuant to subsection (a) shall not--
                (1) destroy the horse or burro in a manner that results in
            the destruction of the horse or burro into a commercial
            product;
                (2) sell or otherwise transfer the horse or burro in a
            manner that results in the destruction of the horse or burro
            for processing into a commercial product; or
                (3) euthanize the horse or burro, except on the
            recommendation of a licensed veterinarian in a case of severe
            injury, illness, or advanced age.
        (e) Amounts appropriated by this Act shall not be available for--
                (1) the destruction of any healthy, unadopted, and wild
            horse or burro under the jurisdiction of the Secretary
            concerned (including a contractor); or
                (2) the sale of a wild horse or burro that results in the
            destruction of the wild horse or burro for processing into a
            commercial product.

       forest service facility realignment and enhancement authorization
                                   extension

        Sec. 420.  Section 503(f) of Public Law 109-54 (16 U.S.C. 580d
    note) shall be applied by substituting ``September 30, 2021'' for
    ``September 30, 2019''.

                         use of american iron and steel

        Sec. 421. (a)(1) None of the funds made available by a State water
    pollution control revolving fund as authorized by section 1452 of the
    Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
    for the construction, alteration, maintenance, or repair of a public
    water system or treatment works unless all of the iron and steel
    products used in the project are produced in the United States.
        (2) In this section, the term ``iron and steel'' products means the
    following products made primarily of iron or steel: lined or unlined
    pipes and fittings, manhole covers and other municipal castings,
    hydrants, tanks, flanges, pipe clamps and restraints, valves,
    structural steel, reinforced precast concrete, and construction
    materials.
        (b) Subsection (a) shall not apply in any case or category of cases
    in which the Administrator of the Environmental Protection Agency (in
    this section referred to as the ``Administrator'') finds that--
                (1) applying subsection (a) would be inconsistent with the
            public interest;
                (2) iron and steel products are not produced in the United
            States in sufficient and reasonably available quantities and of
            a satisfactory quality; or
                (3) inclusion of iron and steel products produced in the
            United States will increase the cost of the overall project by
            more than 25 percent.
        (c) If the Administrator receives a request for a waiver under this
    section, the Administrator shall make available to the public on an
    informal basis a copy of the request and information available to the
    Administrator concerning the request, and shall allow for informal
    public input on the request for at least 15 days prior to making a
    finding based on the request. The Administrator shall make the request
    and accompanying information available by electronic means, including
    on the official public Internet Web site of the Environmental
    Protection Agency.
        (d) This section shall be applied in a manner consistent with
    United States obligations under international agreements.
        (e) The Administrator may retain up to 0.25 percent of the funds
    appropriated in this Act for the Clean and Drinking Water State
    Revolving Funds for carrying out the provisions described in subsection
    (a)(1) for management and oversight of the requirements of this
    section.

    local cooperator training agreements and transfers of excess equipment
                           and supplies for wildfires

        Sec. 422.  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.

                                recreation fees

        Sec. 423.  Section 810 of the Federal Lands Recreation Enhancement
    Act (16 U.S.C. 6809) shall be applied by substituting ``October 1,
    2022'' for ``September 30, 2019''.

                            reprogramming guidelines

        Sec. 424.  None of the funds made available in this Act, in this
    and prior fiscal years, may be reprogrammed without the advance
    approval of the House and Senate Committees on Appropriations in
    accordance with the reprogramming procedures contained in the
    explanatory statement described in section 4 of the Further
    Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 Stat.
    2536).

                               local contractors

        Sec. 425.  Section 412 of division E of Public Law 112-74 shall be
    applied by substituting ``fiscal year 2021'' for ``fiscal year 2019''.

          shasta-trinity marina fee authority authorization extension

        Sec. 426.  Section 422 of division F of Public Law 110-161 (121
    Stat 1844), as amended, shall be applied by substituting ``fiscal year
    2021'' for ``fiscal year 2019''.

                interpretive association authorization extension

        Sec. 427.  Section 426 of division G of Public Law 113-76 (16
    U.S.C. 565a-1 note) shall be applied by substituting ``September 30,
    2021'' for ``September 30, 2019''.

                 puerto rico schooling authorization extension

        Sec. 428.  The authority provided by the 19th unnumbered paragraph
    under heading ``Administrative Provisions, Forest Service'' in title
    III of Public Law 109-54, as amended, shall be applied by substituting
    ``fiscal year 2021'' for ``fiscal year 2019''.

        forest botanical products fee collection authorization extension

        Sec. 429.  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 2021'' for ``fiscal year 2019''.

                                  chaco canyon

        Sec. 430.  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 this consolidated
    Act).

                                 tribal leases

        Sec. 431. (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 2021 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.

                    resource study of springfield race riot

        Sec. 432. (a) Definitions.--In this section:
                (1) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (2) Study area.--The term ``Study Area'' means the
            archeological site near Madison Street and the 10th Street Rail
            Corridor, and other sites in Springfield, Illinois associated
            with the 1908 Springfield Race Riot.
        (b) Special Resource Study.--
                (1) Study.--The Secretary shall conduct a special resource
            study of the study area.
                (2) Contents.--In conducting the study under paragraph (1),
            the Secretary shall--
                        (A) evaluate the national significance of the study
                    area;
                        (B) determine the suitability and feasibility of
                    designating the study area as a unit of the National
                    Park System;
                        (C) consider other alternatives for preservation,
                    protection, and interpretation of the study area by the
                    Federal Government, State or local government entities,
                    or private and non-profit organizations;
                        (D) consult with interested Federal agencies, State
                    or local governmental entities, private and nonprofit
                    organizations, or any other interested individuals; and
                        (E) identify cost estimates for any Federal
                    acquisition, development, interpretation, operation,
                    and maintenance associated with the alternatives.
                (3) Applicable law.--The study required under paragraph (1)
            shall be conducted in accordance with section 100507 of title
            54, United States Code.
                (4) Report.--Not later than 3 years after the date on which
            funds are first made available for the study under paragraph
            (1), the Secretary shall submit to 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--
                        (A) the results of the study; and
                        (B) any conclusions and recommendations of the
                    Secretary.

                   forest ecosystem recovery and health fund

        Sec. 433.  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 2021'' for ``fiscal year 2020''
    each place it appears.

                             allocation of projects

        Sec. 434. (a)(1) Within 45 days of enactment of this Act, the
    Secretary of the Interior shall allocate amounts available from the
    National Parks and Public Land Legacy Restoration Fund for fiscal year
    2021 pursuant to subsection (c) of section 200402 of title 54, United
    States Code, and as provided in subsection (e) of such section of such
    title, to the agencies of the Department of the Interior and the
    Department of Agriculture specified, in the amounts specified, and for
    the projects and activities specified in the table titled ``Allocation
    of Funds from the National Parks and Public Land Legacy Restoration
    Fund--Fiscal Year 2021'' in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).
        (2) Within 30 days of enactment of this Act, the Secretary of the
    Interior shall submit to the Committees on Appropriations of the House
    of Representatives and the Senate project data sheets in the same
    format and containing the same level of detailed information that is
    found on such sheets in the Budget Justifications annually submitted by
    the Department of the Interior with the President's Budget for the
    Department of the Interior projects specified pursuant to the
    allocation in subsection (a)(1) and, only 45 days after submission of
    such sheets, shall the Secretary of the Interior be permitted to
    obligate amounts that are allocated pursuant to subsection (a)(1).
        (3) Within 30 days of enactment of this Act, the Secretary of
    Agriculture shall submit to the Committees on Appropriations of the
    House of Representatives and the Senate full detailed project lists
    that must include a project description, as well as information on
    region, forest or grassland name, project name, State, Congressional
    district, fiscal year 2021 non-transportation needed funds, fiscal year
    2021 transportation needed funds, and asset type for the Department of
    Agriculture projects specified pursuant to the allocation in subsection
    (a)(1) and, only 45 days after submission of such lists, shall the
    Secretary of Agriculture be permitted to obligate amounts that are
    allocated pursuant to subsection (a)(1).
        (b)(1) 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 2021 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 from the
    Land and Water Conservation Fund--Fiscal Year 2021'' in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).
        (2) Within 30 days of enactment of this Act, the Secretary of the
    Interior and the Secretary of Agriculture shall each submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate project data sheets in the same format and containing the same
    level of detailed information that is found on such sheets as submitted
    to the Committees pursuant to section 427 of division D of the Further
    Consolidated Appropriations Act, 2020 (Public Law 116-94) for the
    projects specified pursuant to the allocation in subsection (b)(1) and,
    only 45 days after submission of such sheets, shall the Secretary of
    the Interior and the Secretary of Agriculture, as appropriate, be
    permitted to obligate amounts that are allocated pursuant to subsection
    (b)(1).
        (c)(1) Neither the President nor his designee may allocate any
    amounts that are made available for any fiscal year under subsection
    (c) of section 200402 of title 54, United States Code, or subsection
    (a) of section 200303 of title 54, United States Code, other than
    amounts that are allocated by subsections (a) and (b) of this section
    of this Act.
        (2) If any funds made available by section 200402(c) or section
    200303(a) of title 54, United States Code, were allocated or obligated
    in advance of the enactment of a fiscal year 2021 Act making full-year
    appropriations for the Department of the Interior, Environment, and
    Related Agencies, then within 30 days of enactment of this Act, the
    Office of Management and Budget, in consultation with the Department of
    the Interior and the Department of Agriculture, shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a report from the General Counsel analyzing how the authority in
    section 200402 and in section 200303 of title 54, United States Code,
    permitted the Administration to allocate funding for projects for a
    fiscal year pursuant those sections, particularly the language in
    sections 200402(i) and 200303(c)(2), in advance of the date of
    enactment of such fiscal year 2021 Act.
        (d)(1) Concurrent with the annual budget submission of the
    President for fiscal year 2022, the Secretary of the Interior and the
    Secretary of Agriculture shall each submit to the Committees on
    Appropriations of the House of Representatives and the Senate a list of
    supplementary allocations for Federal land acquisition and Forest
    Legacy projects at the National Park Service, the U.S. Fish and
    Wildlife Service, the Bureau of Land Management, and the U.S. Forest
    Service that are in addition to the ``Submission of Cost Estimates''
    required by section 200303(c)(1) of title 54, United States Code, that
    are prioritized and detailed by account, program, and project, and that
    total no less than half the full amount allocated to each account for
    that land management Agency under the allocations submitted under
    section 200303(c)(1) of title 54, United States Code.
        (2) The Federal land acquisition and Forest Legacy projects in the
    ``Submission of Cost Estimates'' required by section 200303(c)(1) of
    title 54, United States Code, and on the list of supplementary
    allocations required by paragraph (1) shall be comprised only of
    projects for which a willing seller has been identified and for which
    an appraisal or market research has been initiated.
        (3) Concurrent with the annual budget submission of the President
    for fiscal year 2022, the Secretary of the Interior and the Secretary
    of Agriculture shall each submit to the Committees on Appropriations of
    the House of Representatives and the Senate project data sheets in the
    same format and containing the same level of detailed information that
    is found on such sheets in the Budget Justifications annually submitted
    by the Department of the Interior with the President's Budget for the
    projects in the ``Submission of Cost Estimates'' required by section
    200303(c)(1) of title 54, United States Code, and in the same format
    and containing the same level of detailed information that is found on
    such sheets submitted to the Committees pursuant to section 427 of
    division D of the Further Consolidated Appropriations Act, 2020 (Public
    Law 116-94) for the list of supplementary allocations required by
    paragraph (1), and for the projects in the ``Submission of Annual List
    of Projects to Congress'' required by section 200402(h) of title 54,
    United States Code.
        (e) The Department of the Interior and the Department of
    Agriculture shall provide the Committees on Appropriations of the House
    of Representatives and Senate quarterly reports on the status of
    balances for amounts allocated pursuant to subsections (a)(1) and
    (b)(1) of this section, including all uncommitted, committed, and
    unobligated funds.
        (f) Expenditures made or obligations incurred under the heading
    ``United States Fish and Wildlife Service--Land Acquisition'' and for
    the Appraisal and Valuation Services Office under the heading
    ``Departmental Offices--Office of the Secretary--Departmental
    Operations'' pursuant to the Continuing Appropriations Act, 2021
    (Public Law 116-159) shall be charged to the applicable appropriation,
    account allocation, fund, or authorization pursuant to section 200303
    of title 54, United States Code.

                            timber sale requirements

        Sec. 435.  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.

                          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.

                     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.

                              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.

                      policies relating to biomass energy

        Sec. 439.  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.

                           small remote incinerators

        Sec. 440.  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.
        This division may be cited as the ``Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2021''.

       DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
            EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021

                                    TITLE I

                              DEPARTMENT OF LABOR

                     Employment and Training Administration

                        training and employment services

        For necessary expenses of the Workforce Innovation and Opportunity
    Act (referred to in this Act as ``WIOA'') and the National
    Apprenticeship Act, $3,663,200,000, 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, $2,845,332,000 as follows:
                        (A) $862,649,000 for adult employment and training
                    activities, of which $150,649,000 shall be available
                    for the period July 1, 2021 through June 30, 2022, and
                    of which $712,000,000 shall be available for the period
                    October 1, 2021 through June 30, 2022;
                        (B) $921,130,000 for youth activities, which shall
                    be available for the period April 1, 2021 through June
                    30, 2022; and
                        (C) $1,061,553,000 for dislocated worker employment
                    and training activities, of which $201,553,000 shall be
                    available for the period July 1, 2021 through June 30,
                    2022, and of which $860,000,000 shall be available for
                    the period October 1, 2021 through June 30, 2022:
              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, $817,868,000 as follows:
                        (A) $280,859,000 for the dislocated workers
                    assistance national reserve, of which $80,859,000 shall
                    be available for the period July 1, 2021 through
                    September 30, 2022, and of which $200,000,000 shall be
                    available for the period October 1, 2021 through
                    September 30, 2022:  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, $80,000,000 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) $35,000,000 shall be for workers in the
                            Appalachian region, as defined by 40 U.S.C.
                            14102(a)(1) and 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));
                                (ii) $45,000,000 shall be for the purpose
                            of developing, offering, or improving
                            educational or career training programs at
                            community colleges, defined as public
                            institutions of higher education, as described
                            in section 101(a) of the Higher Education Act
                            of 1965 and at which the associate's degree is
                            primarily the highest degree awarded, with
                            other eligible institutions of higher
                            education, as defined in section 101(a) of the
                            Higher Education Act of 1965, eligible to
                            participate through consortia, with community
                            colleges as the lead grantee:  Provided, That
                            the Secretary shall follow the requirements for
                            the program in House Report 116-62 and in the
                            explanatory statement accompanying this Act:
                            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) $55,500,000 for Native American programs under
                    section 166 of the WIOA, which shall be available for
                    the period July 1, 2021 through June 30, 2022;
                        (C) $93,896,000 for migrant and seasonal farmworker
                    programs under section 167 of the WIOA, including
                    $87,083,000 for formula grants (of which not less than
                    70 percent shall be for employment and training
                    services), $6,256,000 for migrant and seasonal housing
                    (of which not less than 70 percent shall be for
                    permanent housing), and $557,000 for other
                    discretionary purposes, which shall be available for
                    the period April 1, 2021 through June 30, 2022:
                    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) $96,534,000 for YouthBuild activities as
                    described in section 171 of the WIOA, which shall be
                    available for the period April 1, 2021 through June 30,
                    2022;
                        (E) $100,079,000 for ex-offender activities, under
                    the authority of section 169 of the WIOA, which shall
                    be available for the period April 1, 2021 through June
                    30, 2022:  Provided, That of this amount, $25,000,000
                    shall be for competitive grants to national and
                    regional intermediaries for activities that prepare for
                    employment young adults with criminal records, young
                    adults who have been justice system-involved, or young
                    adults who have dropped out of school or other
                    educational programs, with a priority for projects
                    serving high-crime, high-poverty areas;
                        (F) $6,000,000 for the Workforce Data Quality
                    Initiative, under the authority of section 169 of the
                    WIOA, which shall be available for the period July 1,
                    2021 through June 30, 2022; and
                        (G) $185,000,000 to expand opportunities through
                    apprenticeships only registered under the National
                    Apprenticeship Act and as referred to in section
                    3(7)(B) of the WIOA, to be available to the Secretary
                    to carry out activities through grants, cooperative
                    agreements, contracts and other arrangements, with
                    States and other appropriate entities, including equity
                    intermediaries and business and labor industry partner
                    intermediaries, which shall be available for the period
                    July 1, 2021 through June 30, 2022.

                                   job corps

                         (including transfer of funds)

        To carry out subtitle C of title I of the WIOA, including Federal
    administrative expenses, the purchase and hire of passenger motor
    vehicles, the construction, alteration, and repairs of buildings and
    other facilities, and the purchase of real property for training
    centers as authorized by the WIOA, $1,748,655,000, plus reimbursements,
    as follows:
                (1) $1,603,325,000 for Job Corps Operations, which shall be
            available for the period July 1, 2021 through June 30, 2022;
                (2) $113,000,000 for construction, rehabilitation and
            acquisition of Job Corps Centers, which shall be available for
            the period July 1, 2021 through June 30, 2024, 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,
            2020 through September 30, 2021:
      Provided, That no funds from any other appropriation shall be used to
    provide meal services at or for Job Corps centers.

                community service employment for older americans

        To carry out title V of the Older Americans Act of 1965 (referred
    to in this Act as ``OAA''), $405,000,000, which shall be available for
    the period April 1, 2021 through June 30, 2022, 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 2021 of trade adjustment benefit
    payments and allowances under part I of subchapter B of chapter 2 of
    title II of the Trade Act of 1974, and section 246 of that Act; and for
    training, employment and case management services, allowances for job
    search and relocation, and related State administrative expenses under
    part II of subchapter B of chapter 2 of title II of the Trade Act of
    1974, and including benefit payments, allowances, training, employment
    and case management services, and related State administration provided
    pursuant to section 231(a) of the Trade Adjustment Assistance Extension
    Act of 2011 and section 405(a) of the Trade Preferences Extension Act
    of 2015, $633,600,000 together with such amounts as may be necessary to
    be charged to the subsequent appropriation for payments for any period
    subsequent to September 15, 2021:  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

        For authorized administrative expenses, $84,066,000, together with
    not to exceed $3,332,583,000 which may be expended from the Employment
    Security Administration Account in the Unemployment Trust Fund (``the
    Trust Fund''), of which--
                (1) $2,565,816,000 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 $200,000,000 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
            251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit
            Control Act of 1985, as amended, and $83,000,000 is additional
            new budget authority specified for purposes of section
            251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for continued
            support of the Unemployment Insurance Integrity Center of
            Excellence), the administration of unemployment insurance for
            Federal employees and for ex-service members as authorized
            under 5 U.S.C. 8501-8523, and the administration of trade
            readjustment allowances, reemployment trade adjustment
            assistance, and alternative trade adjustment assistance under
            the Trade Act of 1974 and under section 231(a) of the Trade
            Adjustment Assistance Extension Act of 2011 and section 405(a)
            of the Trade Preferences Extension Act of 2015, and shall be
            available for obligation by the States through December 31,
            2021, except that funds used for automation shall be available
            for Federal obligation through December 31, 2021, and for State
            obligation through September 30, 2023, or, if the automation is
            being carried out through consortia of States, for State
            obligation through September 30, 2027, and for expenditure
            through September 30, 2028, 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, 2021, and for obligation by the States through
            September 30, 2023, and funds for the Unemployment Insurance
            Integrity Center of Excellence shall be available for
            obligation by the State through September 30, 2022, and funds
            used for unemployment insurance workloads experienced through
            September 30, 2021 shall be available for Federal obligation
            through December 31, 2021;
                (2) $18,000,000 from the Trust Fund is for national
            activities necessary to support the administration of the
            Federal-State unemployment insurance system;
                (3) $648,639,000 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 Wagner-
            Peyser Act, and shall be available for Federal obligation for
            the period July 1, 2021 through June 30, 2022;
                (4) $22,318,000 from the Trust Fund is for national
            activities of the Employment Service, including administration
            of the work opportunity tax credit under section 51 of the
            Internal Revenue Code of 1986 (including assisting States in
            adopting or modernizing information technology for use in the
            processing of certification requests), and the provision of
            technical assistance and staff training under the Wagner-Peyser
            Act;
                (5) $77,810,000 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 $57,528,000 shall be available for the
            Federal administration of such activities, and $20,282,000
            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, 2021
            through June 30, 2022:
      Provided, That to the extent that the Average Weekly Insured
    Unemployment (``AWIU'') for fiscal year 2021 is projected by the
    Department of Labor to exceed 1,728,000, an additional $28,600,000 from
    the Trust Fund shall be available for obligation for every 100,000
    increase in the AWIU level (including a pro rata amount for any
    increment less than 100,000) to carry out title III of the Social
    Security Act:  Provided further, That funds appropriated in this Act
    that are allotted to a State to carry out activities under title III of
    the Social Security Act may be used by such State to assist other
    States in carrying out activities under such title III if the other
    States include areas that have suffered a major disaster declared by
    the President under the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act:  Provided further, That the Secretary may use
    funds appropriated for grants to States under title III of the Social
    Security Act to make payments on behalf of States for the use of the
    National Directory of New Hires under section 453(j)(8) of such Act:
    Provided further, That the Secretary may use funds appropriated for
    grants to States under title III of the Social Security Act to make
    payments on behalf of States to the entity operating the State
    Information Data Exchange System:  Provided further, That funds
    appropriated in this Act which are used to establish a national one-
    stop career center system, or which are used to support the national
    activities of the Federal-State unemployment insurance, employment
    service, or immigration programs, may be obligated in contracts,
    grants, or agreements with States and non-State entities:  Provided
    further, That States awarded competitive grants for improved operations
    under title III of the Social Security Act, or awarded grants to
    support the national activities of the Federal-State unemployment
    insurance system, may award subgrants to other States and non-State
    entities under such grants, subject to the conditions applicable to the
    grants:  Provided further, That funds appropriated under this Act for
    activities authorized under title III of the Social Security Act and
    the Wagner-Peyser Act may be used by States to fund integrated
    Unemployment Insurance and Employment Service automation efforts,
    notwithstanding cost allocation principles prescribed under the final
    rule entitled ``Uniform Administrative Requirements, Cost Principles,
    and Audit Requirements for Federal Awards'' at part 200 of title 2,
    Code of Federal Regulations:  Provided further, That the Secretary, at
    the request of a State participating in a consortium with other States,
    may reallot funds allotted to such State under title III of the Social
    Security Act to other States participating in the consortium or to the
    entity operating the Unemployment Insurance Information Technology
    Support Center in order to carry out activities that benefit the
    administration of the unemployment compensation law of the State making
    the request:  Provided further, That the Secretary may collect fees for
    the costs associated with additional data collection, analyses, and
    reporting services relating to the National Agricultural Workers Survey
    requested by State and local governments, public and private
    institutions of higher education, and nonprofit organizations and may
    utilize such sums, in accordance with the provisions of 29 U.S.C. 9a,
    for the National Agricultural Workers Survey infrastructure,
    methodology, and data to meet the information collection and reporting
    needs of such entities, which shall be credited to this appropriation
    and shall remain available until September 30, 2022, 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, 2022.

                             program administration

        For expenses of administering employment and training programs,
    $108,674,000, together with not to exceed $49,982,000 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, $181,000,000, of which up to $3,000,000 shall be made
    available through September 30, 2022, for the procurement of expert
    witnesses for enforcement litigation.

                      Pension Benefit Guaranty Corporation

                   pension benefit guaranty corporation fund

        The Pension Benefit Guaranty Corporation (``Corporation'') is
    authorized to make such expenditures, including financial assistance
    authorized by subtitle E of title IV of the Employee Retirement Income
    Security Act of 1974, within limits of funds and borrowing authority
    available to the Corporation, and in accord with law, and to make such
    contracts and commitments without regard to fiscal year limitations, as
    provided by 31 U.S.C. 9104, as may be necessary in carrying out the
    program, including associated administrative expenses, through
    September 30, 2021, for the Corporation:  Provided, That none of the
    funds available to the Corporation for fiscal year 2021 shall be
    available for obligations for administrative expenses in excess of
    $465,289,000:  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 2021, an amount not to exceed an additional
    $9,200,000 shall be available through September 30, 2025, for
    obligations for administrative expenses for every 20,000 additional
    terminated participants:  Provided further, That obligations in excess
    of the amounts provided for administrative expenses in this paragraph
    may be incurred and shall be available through September 30, 2025 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, 2025 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, $246,000,000.

                      Office of Labor-Management Standards

                             salaries and expenses

        For necessary expenses for the Office of Labor-Management
    Standards, $44,437,000.

                 Office of Federal Contract Compliance Programs

                             salaries and expenses

        For necessary expenses for the Office of Federal Contract
    Compliance Programs, $105,976,000.

                    Office of Workers' Compensation Programs

                             salaries and expenses

        For necessary expenses for the Office of Workers' Compensation
    Programs, $115,424,000, together with $2,177,000 which may be expended
    from the Special Fund in accordance with sections 39(c), 44(d), and
    44(j) of the Longshore and Harbor Workers' Compensation Act.

                                special benefits

                         (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or any prior
    fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
    provided for under the heading ``Civilian War Benefits'' in the Federal
    Security Agency Appropriation Act, 1947; the Employees' Compensation
    Commission Appropriation Act, 1944; section 5(f) of the War Claims Act
    (50 U.S.C. App. 2012); obligations incurred under the War Hazards
    Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the
    additional compensation and benefits required by section 10(h) of the
    Longshore and Harbor Workers' Compensation Act, $239,000,000, 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, 2020, 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, 2021:  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,
    $80,257,000 shall be made available to the Secretary as follows:
                (1) For enhancement and maintenance of automated data
            processing systems operations and telecommunications systems,
            $27,220,000;
                (2) For automated workload processing operations, including
            document imaging, centralized mail intake, and medical bill
            processing, $25,647,000;
                (3) For periodic roll disability management and medical
            review, $25,648,000;
                (4) For program integrity, $1,742,000; 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, $40,970,000, 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 2022, $14,000,000, to remain available until expended.

        administrative expenses, energy employees occupational illness
                               compensation fund

        For necessary expenses to administer the Energy Employees
    Occupational Illness Compensation Program Act, $62,507,000, to remain
    available until expended:  Provided, That the Secretary may require
    that any person filing a claim for benefits under the Act provide as
    part of such claim such identifying information (including Social
    Security account number) as may be prescribed.

                        black lung disability trust fund

                         (including transfer of funds)

        Such sums as may be necessary from the Black Lung Disability Trust
    Fund (the ``Fund''), to remain available until expended, for payment of
    all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
    Internal Revenue Code of 1986; and repayment of, and payment of
    interest on advances, as authorized by section 9501(d)(4) of that Act.
    In addition, the following amounts may be expended from the Fund for
    fiscal year 2021 for expenses of operation and administration of the
    Black Lung Benefits program, as authorized by section 9501(d)(5): not
    to exceed $40,643,000 for transfer to the Office of Workers'
    Compensation Programs, ``Salaries and Expenses''; not to exceed
    $33,033,000 for transfer to Departmental Management, ``Salaries and
    Expenses''; not to exceed $333,000 for transfer to Departmental
    Management, ``Office of Inspector General''; and not to exceed $356,000
    for payments into miscellaneous receipts for the expenses of the
    Department of the Treasury.

                 Occupational Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $591,787,000, including not to exceed $110,075,000
    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, 2021, to collect and retain fees for services provided to
    Nationally Recognized Testing Laboratories, and may utilize such sums,
    in accordance with the provisions of 29 U.S.C. 9a, to administer
    national and international laboratory recognition programs that ensure
    the safety of equipment and products used by workers in the workplace:
    Provided further, That none of the funds appropriated under this
    paragraph shall be obligated or expended to prescribe, issue,
    administer, or enforce any standard, rule, regulation, or order under
    the Act which is applicable to any person who is engaged in a farming
    operation which does not maintain a temporary labor camp and employs 10
    or fewer employees:  Provided further, That no funds appropriated under
    this paragraph shall be obligated or expended to administer or enforce
    any standard, rule, regulation, or order under the Act with respect to
    any employer of 10 or fewer employees who is included within a category
    having a Days Away, Restricted, or Transferred (``DART'') occupational
    injury and illness rate, at the most precise industrial classification
    code for which such data are published, less than the national average
    rate as such rates are most recently published by the Secretary, acting
    through the Bureau of Labor Statistics, in accordance with section 24
    of the Act, except--
                (1) to provide, as authorized by the Act, consultation,
            technical assistance, educational and training services, and to
            conduct surveys and studies;
                (2) to conduct an inspection or investigation in response
            to an employee complaint, to issue a citation for violations
            found during such inspection, and to assess a penalty for
            violations which are not corrected within a reasonable
            abatement period and for any willful violations found;
                (3) to take any action authorized by the Act with respect
            to imminent dangers;
                (4) to take any action authorized by the Act with respect
            to health hazards;
                (5) to take any action authorized by the Act with respect
            to a report of an employment accident which is fatal to one or
            more employees or which results in hospitalization of two or
            more employees, and to take any action pursuant to such
            investigation authorized by the Act; and
                (6) to take any action authorized by the Act with respect
            to complaints of discrimination against employees for
            exercising rights under the Act:
      Provided further, That the foregoing proviso shall not apply to any
    person who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs 10 or fewer employees:  Provided
    further, That $11,787,000 shall be available for Susan Harwood training
    grants, of which not less than $4,500,000 is for Susan Harwood Training
    Capacity Building Developmental grants, as described in Funding
    Opportunity Number SHTG-FY-16-02 (referenced in the notice of
    availability of funds published in the Federal Register on May 3, 2016
    (81 Fed. Reg. 30568)) for program activities starting not later than
    September 30, 2021 and lasting for a period of 12 months:  Provided
    further, That not less than $3,500,000 shall be for Voluntary
    Protection Programs.

                     Mine Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Mine Safety and Health
    Administration, $379,816,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles, including up to
    $2,000,000 for mine rescue and recovery activities and not less than
    $10,537,000 for State assistance grants:  Provided, That
    notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected
    by the National Mine Health and Safety Academy for room, board,
    tuition, and the sale of training materials, otherwise authorized by
    law to be collected, to be available for mine safety and health
    education and training activities:  Provided further, That
    notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
    Administration is authorized to collect and retain up to $2,499,000
    from fees collected for the approval and certification of equipment,
    materials, and explosives for use in mines, and may utilize such sums
    for such activities:  Provided further, That the Secretary is
    authorized to accept lands, buildings, equipment, and other
    contributions from public and private sources and to prosecute projects
    in cooperation with other agencies, Federal, State, or private:
    Provided further, That the Mine Safety and Health Administration is
    authorized to promote health and safety education and training in the
    mining community through cooperative programs with States, industry,
    and safety associations:  Provided further, That the Secretary is
    authorized to recognize the Joseph A. Holmes Safety Association as a
    principal safety association and, notwithstanding any other provision
    of law, may provide funds and, with or without reimbursement,
    personnel, including service of Mine Safety and Health Administration
    officials as officers in local chapters or in the national
    organization:  Provided further, That any funds available to the
    Department of Labor may be used, with the approval of the Secretary, to
    provide for the costs of mine rescue and survival operations in the
    event of a major disaster.

                           Bureau of Labor Statistics

                             salaries and expenses

        For necessary expenses for the Bureau of Labor Statistics,
    including advances or reimbursements to State, Federal, and local
    agencies and their employees for services rendered, $587,000,000,
    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, $13,000,000 to remain available until September
    30, 2024, for costs associated with the physical move of the Bureau of
    Labor Statistics' headquarters, including replication of space,
    furniture, fixtures, equipment, and related costs, as well as
    relocation of the data center to a shared facility.

                     Office of Disability Employment Policy

                             salaries and expenses

        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, $38,500,000.

                            Departmental Management

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses for Departmental Management, including the
    hire of three passenger motor vehicles, $349,056,000, together with not
    to exceed $308,000, which may be expended from the Employment Security
    Administration account in the Unemployment Trust Fund:  Provided, That
    $67,325,000 for the Bureau of International Labor Affairs shall be
    available for obligation through December 31, 2021:  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 more than $53,825,000 shall
    be for programs to combat exploitative child labor internationally and
    not less than $13,500,000 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 $8,040,000 shall be
    used for program evaluation and shall be available for obligation
    through September 30, 2022:  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
    $1,794,000 shall be used for grants authorized by the Women in
    Apprenticeship and Nontraditional Occupations Act.

                       veterans' employment and training

        Not to exceed $258,841,000 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) $180,000,000 is for Jobs for Veterans State grants
            under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
            outreach program specialists under section 4103A of such title
            and local veterans' employment representatives under section
            4104(b) of such title, and for the expenses described in
            section 4102A(b)(5)(C), which shall be available for
            expenditure by the States through September 30, 2023, and not
            to exceed 3 percent for the necessary Federal expenditures for
            data systems and contract support to allow for the tracking of
            participant and performance information:  Provided, That, in
            addition, such funds may be used to support such specialists
            and representatives in the provision of services to
            transitioning members of the Armed Forces who have participated
            in the Transition Assistance Program and have been identified
            as in need of intensive services, to members of the Armed
            Forces who are wounded, ill, or injured and receiving treatment
            in military treatment facilities or warrior transition units,
            and to the spouses or other family caregivers of such wounded,
            ill, or injured members;
                (2) $31,379,000 is for carrying out the Transition
            Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
                (3) $44,048,000 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, $57,500,000 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, 2021, to
    provide services under such section:  Provided further, That services
    provided under sections 2021 or under 2021A may include, in addition to
    services to homeless veterans described in section 2002(a)(1), services
    to veterans who were homeless at some point within the 60 days prior to
    program entry or veterans who are at risk of homelessness within the
    next 60 days, and that services provided under section 2023 may
    include, in addition to services to the individuals described in
    subsection (e) of such section, services to veterans recently released
    from incarceration who are at risk of homelessness:  Provided further,
    That notwithstanding paragraph (3) under this heading, funds
    appropriated in this paragraph may be used for data systems and
    contract support to allow for the tracking of participant and
    performance information:  Provided further, That notwithstanding
    sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
    such funds shall be available for expenditure pursuant to 31 U.S.C.
    1553.
        In addition, fees may be assessed and deposited in the HIRE Vets
    Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and
    such amounts shall be available to the Secretary to carry out the HIRE
    Vets Medallion Award Program, as authorized by such Act, and shall
    remain available until expended:  Provided, That such sums shall be in
    addition to any other funds available for such purposes, including
    funds available under paragraph (3) of this heading:  Provided further,
    That section 2(d) of division O of the Consolidated Appropriations Act,
    2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.

                                it modernization

        For necessary expenses for Department of Labor centralized
    infrastructure technology investment activities related to support
    systems and modernization, $27,269,000, which shall be available
    through September 30, 2022.

                          office of inspector general

        For salaries and expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $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)

        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.

                              (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 the authority provided by this subsection shall be
    available for obligation through September 30, 2022.

                              (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, 2022:  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:
        ``(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 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:

    ``SEC. 12. SECURITY DETAIL.

        ``(a) In General.--The Secretary of Labor is authorized to employ
    law enforcement officers or special agents to--
                ``(1) provide protection for the Secretary of Labor during
            the workday of the Secretary and during any activity that is
            preliminary or postliminary to the performance of official
            duties by the Secretary;
                ``(2) provide protection, incidental to the protection
            provided to the Secretary, to a member of the immediate family
            of the Secretary who is participating in an activity or event
            relating to the official duties of the Secretary;
                ``(3) provide continuous protection to the Secretary
            (including during periods not described in paragraph (1)) and
            to the members of the immediate family of the Secretary if
            there is a 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.

                                  (rescission)

        Sec. 115. (a) Of the unobligated funds available under section
    286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) in an
    amount that is equal to the amount that became available on October 1,
    2020, pursuant to the temporary rescission in section 115 of division A
    of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
    94), $150,000,000 are hereby permanently rescinded, as follows:
    $75,000,000 from the unobligated funds available under section
    286(s)(2) of such Act; $45,000,000 from the unobligated funds available
    under section 286(s)(3) of such Act; $15,000,000 from the unobligated
    funds available under section 286(s)(4) of such Act; $7,500,000 from
    the unobligated funds available under section 286(s)(5) of such Act;
    and $7,500,000 from the unobligated funds available under section
    286(s)(6) of such Act.
        (b) Of the unobligated funds available under section 286(s)(2) of
    the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), and in
    addition to the amounts rescinded in subsection (a), $285,000,000 are
    hereby permanently rescinded not later than September 30, 2021.
        Sec. 116.  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. 117.  Paragraph (1) under the heading ``Department of Labor--
    Veterans Employment and Training'' of title I of division A of Public
    Law 116-94 is amended by striking ``obligation by the States through
    December 31, 2020'' and inserting ``expenditure by the States through
    September 30, 2022''.
        Sec. 118.  The amounts provided by the first proviso following
    paragraph (6) under the heading ``Department of Labor--Employment and
    Training Administration--State Unemployment Insurance and Employment
    Service Operations'' in title I of this Act are designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.
        This title may be cited as the ``Department of Labor Appropriations
    Act, 2021''.

                                    TITLE II

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                              primary health care

        For carrying out titles II and III of the Public Health Service Act
    (referred to in this Act as the ``PHS Act'') with respect to primary
    health care and the Native Hawaiian Health Care Act of 1988,
    $1,683,772,000:  Provided, That no more than $1,000,000 shall be
    available until expended for carrying out the provisions of section
    224(o) of the PHS Act:  Provided further, That no more than
    $120,000,000 shall be available until expended for carrying out
    subsections (g) through (n) and (q) of section 224 of the PHS Act, and
    for expenses incurred by the Department of Health and Human Services
    (referred to in this Act as ``HHS'') pertaining to administrative
    claims made under such law.

                                health workforce

        For carrying out titles III, VII, and VIII of the PHS Act with
    respect to the health workforce, sections 1128E and 1921 of the Social
    Security Act, and the Health Care Quality Improvement Act of 1986,
    $1,224,006,000:  Provided, That sections 751(j)(2) and 762(k) of the
    PHS Act and the proportional funding amounts in paragraphs (1) through
    (4) of section 756(f) of the PHS Act shall not apply to funds made
    available under this heading:  Provided further, That for any program
    operating under section 751 of the PHS Act on or before January 1,
    2009, the Secretary of Health and Human Services (referred to in this
    title as the ``Secretary'') may hereafter waive any of the requirements
    contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the
    full project period of a grant under such section:  Provided further,
    That 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 $120,000,000 shall remain available until expended for
    the purposes of providing primary health services, assigning National
    Health Service Corps (``NHSC'') members to expand the delivery of
    substance use disorder treatment services, notwithstanding the
    assignment priorities and limitations under sections 333(a)(1)(D),
    333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under
    the NHSC Loan Repayment Program under section 338B of such Act:
    Provided further, That, within the amount made available in the
    previous proviso, $15,000,000 shall remain available until expended for
    the purposes of making payments under the NHSC Loan Repayment Program
    under section 338B of the PHS Act to individuals participating in such
    program who provide primary health services in Indian Health Service
    facilities, Tribally-Operated 638 Health Programs, and Urban Indian
    Health Programs (as those terms are defined by the Secretary),
    notwithstanding the assignment priorities and limitations under section
    333(b) of such Act:  Provided further, That for purposes of the
    previous two provisos, section 331(a)(3)(D) of the PHS Act shall be
    applied as if the term ``primary health services'' includes clinical
    substance use disorder treatment services, including those provided by
    masters level, licensed substance use disorder treatment counselors:
    Provided further, That of the funds made available under this heading,
    $5,000,000 shall be available to make grants to establish or expand
    optional community-based nurse practitioner fellowship programs that
    are accredited or in the accreditation process, with a preference for
    those in Federally Qualified Health Centers, for practicing
    postgraduate nurse practitioners in primary care or behavioral health.
        Of the funds made available under this heading, $50,000,000 shall
    remain available until expended for grants to public institutions of
    higher education to expand or support graduate education for physicians
    provided by such institutions:  Provided, That, in awarding such
    grants, the Secretary shall give priority to public institutions of
    higher education located in States with a projected primary care
    provider shortage in 2025, as determined by the Secretary:  Provided
    further, That grants so awarded are limited to such public institutions
    of higher education in States in the top quintile of States with a
    projected primary care provider shortage in 2025, as determined by the
    Secretary:  Provided further, That the minimum amount of a grant so
    awarded to such an institution shall be not less than $1,000,000 per
    year:  Provided further, That such a grant may be awarded for a period
    not to exceed 5 years:  Provided further, That amounts made available
    in this paragraph shall be awarded as supplemental grants to recipients
    of grants awarded for this purpose in fiscal years 2019 and 2020,
    pursuant to the terms and conditions of each institution's initial
    grant agreement, in an amount for each institution that will result in
    every institution being awarded the same total grant amount over fiscal
    years 2019 through 2021, provided the institution can justify the
    expenditure of such funds:  Provided further, That such a grant awarded
    with respect to a year to such an institution shall be subject to a
    matching requirement of non-Federal funds in an amount that is not less
    than 10 percent of the total amount of Federal funds provided in the
    grant to such institution with respect to such year.

                           maternal and child health

        For carrying out titles III, XI, XII, and XIX of the PHS Act with
    respect to maternal and child health and title V of the Social Security
    Act, $975,284,000:  Provided, That notwithstanding sections 502(a)(1)
    and 502(b)(1) of the Social Security Act, not more than $139,116,000
    shall be available for carrying out special projects of regional and
    national significance pursuant to section 501(a)(2) of such Act and
    $10,276,000 shall be available for projects described in subparagraphs
    (A) through (F) of section 501(a)(3) of such Act.

                          ryan white hiv/aids program

        For carrying out title XXVI of the PHS Act with respect to the Ryan
    White HIV/AIDS program, $2,423,781,000, of which $1,970,881,000 shall
    remain available to the Secretary through September 30, 2023, for parts
    A and B of title XXVI of the PHS Act, and of which not less than
    $900,313,000 shall be for State AIDS Drug Assistance Programs under the
    authority of section 2616 or 311(c) of such Act; and of which
    $105,000,000, to remain available until expended, shall be available to
    the Secretary for carrying out a program of grants and contracts under
    title XXVI or section 311(c) of such Act focused on ending the
    nationwide HIV/AIDS epidemic, with any grants issued under such section
    311(c) administered in conjunction with title XXVI of the PHS Act,
    including the limitation on administrative expenses.

                              health care systems

        For carrying out titles III and XII of the PHS Act with respect to
    health care systems, and the Stem Cell Therapeutic and Research Act of
    2005, $129,093,000, of which $122,000 shall be available until expended
    for facilities renovations at the Gillis W. Long Hansen's Disease
    Center.

                                  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,
    $329,519,000, of which $55,609,000 from general revenues,
    notwithstanding section 1820(j) of the Social Security Act, shall be
    available for carrying out the Medicare rural hospital flexibility
    grants program:  Provided, That of the funds made available under this
    heading for Medicare rural hospital flexibility grants, $20,942,000
    shall be available for the Small Rural Hospital Improvement Grant
    Program for quality improvement and adoption of health information
    technology and up to $1,000,000 shall be to carry out section
    1820(g)(6) of the Social Security Act, with funds provided for grants
    under section 1820(g)(6) available for the purchase and implementation
    of telehealth services, including pilots and demonstrations on the use
    of electronic health records to coordinate rural veterans care between
    rural providers and the Department of Veterans Affairs electronic
    health record system:  Provided further, That notwithstanding section
    338J(k) of the PHS Act, $12,500,000 shall be available for State
    Offices of Rural Health:  Provided further, That $10,500,000 shall
    remain available through September 30, 2023, to support the Rural
    Residency Development Program:  Provided further, That $110,000,000
    shall be for the Rural Communities Opioids Response Program.

                                family planning

        For carrying out the program under title X of the PHS Act to
    provide for voluntary family planning projects, $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.

                               program management

        For program support in the Health Resources and Services
    Administration, $155,300,000:  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''.

                 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
    $11,200,000 shall be available from the Trust Fund to the Secretary.

                   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.

         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, $1,314,056,000.

                   emerging and zoonotic infectious diseases

        For carrying out titles II, III, and XVII, and section 2821 of the
    PHS Act, titles II and IV of the Immigration and Nationality Act, and
    section 501 of the Refugee Education Assistance Act, with respect to
    emerging and zoonotic infectious diseases, $596,272,000:  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,
    $1,021,714,000:  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, $167,810,000.

                       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, $591,997,000.

                              environmental health

        For carrying out titles II, III, and XVII of the PHS Act with
    respect to environmental health, $205,850,000.

                         injury prevention and control

        For carrying out titles II, III, and XVII of the PHS Act with
    respect to injury prevention and control, $682,879,000.

             national institute for occupational safety and health

        For carrying out titles II, III, and XVII of the PHS Act, sections
    101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
    and Health Act, section 13 of the Mine Improvement and New Emergency
    Response Act, and sections 20, 21, and 22 of the Occupational Safety
    and Health Act, with respect to occupational safety and health,
    $345,300,000.

           energy employees occupational illness compensation program

        For necessary expenses to administer the Energy Employees
    Occupational Illness Compensation Program Act, $55,358,000, to remain
    available until expended:  Provided, That this amount shall be
    available consistent with the provision regarding administrative
    expenses in section 151(b) of division B, title I of Public Law 106-
    554.

                                 global health

        For carrying out titles II, III, and XVII of the PHS Act with
    respect to global health, $592,843,000, of which: (1) $128,421,000
    shall remain available through September 30, 2022 for international
    HIV/AIDS; and (2) $193,400,000 shall remain available through September
    30, 2023 for global disease detection and emergency response:
    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, $842,200,000:  Provided, That the Director of the Centers
    for Disease Control and Prevention (referred to in this title as
    ``CDC'') or the Administrator of the Agency for Toxic Substances and
    Disease Registry may detail staff without reimbursement to support an
    activation of the CDC Emergency Operations Center, so long as the
    Director or Administrator, as applicable, provides a notice to the
    Committees on Appropriations of the House of Representatives and the
    Senate within 15 days of the use of this authority, a full report
    within 30 days after use of this authority which includes the number of
    staff and funding level broken down by the originating center and
    number of days detailed, and an update of such report every 180 days
    until staff are no longer on detail without reimbursement to the CDC
    Emergency Operations Center.

                            buildings and facilities

                         (including transfer of funds)

        For acquisition of real property, equipment, construction,
    installation, demolition, and renovation of facilities, $30,000,000,
    which shall remain available until September 30, 2025:  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 in addition, the prior year unobligated balance of any amounts
    assigned to former employees in accounts of CDC made available for
    Individual Learning Accounts shall be credited to and merged with the
    amounts made available under this heading to support the replacement of
    the mine safety research facility.

                    cdc-wide activities and program support

                         (including transfer of funds)

        For carrying out titles II, III, XVII and XIX, and section 2821 of
    the PHS Act and for cross-cutting activities and program support for
    activities funded in other appropriations included in this Act for the
    Centers for Disease Control and Prevention, $123,570,000:  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, $10,000,000, 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, 2022.

                         National Institutes of Health

                           national cancer institute

        For carrying out section 301 and title IV of the PHS Act with
    respect to cancer, $6,364,852,000, of which up to $30,000,000 may be
    used for facilities repairs and improvements at the National Cancer
    Institute--Frederick Federally Funded Research and Development Center
    in Frederick, Maryland.

                   national heart, lung, and blood institute

        For carrying out section 301 and title IV of the PHS Act with
    respect to cardiovascular, lung, and blood diseases, and blood and
    blood products, $3,664,811,000.

             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, $484,867,000.

        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, $2,131,975,000.

            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, $2,463,393,000.

             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, $6,069,619,000.

                 national institute of general medical sciences

        For carrying out section 301 and title IV of the PHS Act with
    respect to general medical sciences, $2,991,417,000, of which
    $1,271,505,000 shall be from funds available under section 241 of the
    PHS Act:  Provided, That not less than $396,573,000 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, $1,590,337,000.

                             national eye institute

        For carrying out section 301 and title IV of the PHS Act with
    respect to eye diseases and visual disorders, $835,714,000.

              national institute of environmental health sciences

        For carrying out section 301 and title IV of the PHS Act with
    respect to environmental health sciences, $814,675,000.

                          national institute on aging

        For carrying out section 301 and title IV of the PHS Act with
    respect to aging, $3,899,227,000.

     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,
    $634,292,000.

        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, $498,076,000.

                     national institute of nursing research

        For carrying out section 301 and title IV of the PHS Act with
    respect to nursing research, $174,957,000.

               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, $554,923,000.

                        national institute on drug abuse

        For carrying out section 301 and title IV of the PHS Act with
    respect to drug abuse, $1,479,660,000.

                      national institute of mental health

        For carrying out section 301 and title IV of the PHS Act with
    respect to mental health, $2,053,708,000.

                    national human genome research institute

        For carrying out section 301 and title IV of the PHS Act with
    respect to human genome research, $615,780,000.

          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,
    $410,728,000.

            national center for complementary and integrative health

        For carrying out section 301 and title IV of the PHS Act with
    respect to complementary and integrative health, $154,162,000.

          national institute on minority health and health disparities

        For carrying out section 301 and title IV of the PHS Act with
    respect to minority health and health disparities research,
    $390,865,000:  Provided, That funds may be used to implement a
    reorganization that is presented to an advisory council in a public
    meeting and for which the Committees on Appropriations of the House of
    Representatives and the Senate have been notified 30 days in advance.

                      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), $84,044,000.

                          national library of medicine

        For carrying out section 301 and title IV of the PHS Act with
    respect to health information communications, $463,787,000:  Provided,
    That of the amounts available for improvement of information systems,
    $4,000,000 shall be available until September 30, 2022:  Provided
    further, That in fiscal year 2021, the National Library of Medicine may
    enter into personal services contracts for the provision of services in
    facilities owned, operated, or constructed under the jurisdiction of
    the National Institutes of Health (referred to in this title as
    ``NIH'').

              national center for advancing translational sciences

        For carrying out section 301 and title IV of the PHS Act with
    respect to translational sciences, $855,421,000:  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 $586,841,000 is provided to the Clinical and Translational
    Sciences Awards program.

                             office of the director

                         (including transfer of funds)

        For carrying out the responsibilities of the Office of the
    Director, NIH, $2,411,110,000:  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 $635,939,000 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 $50,000,000 shall be used to carry out section
    404I of the PHS Act (42 U.S.C. 283K), relating to biomedical and
    behavioral research facilities:  Provided further, That $5,000,000
    shall be transferred to and merged with the appropriation for the
    ``Office of Inspector General'' for oversight of grant programs and
    operations of the NIH, including agency efforts to ensure the integrity
    of its grant application evaluation and selection processes, and shall
    be in addition to funds otherwise made available for oversight of the
    NIH:  Provided further, That the funds provided in the previous proviso
    may be transferred from one specified activity to another with 15 days
    prior approval of the Committees on Appropriations of the House of
    Representatives and the Senate:  Provided further, That the Inspector
    General shall consult with the Committees on Appropriations of the
    House of Representatives and the Senate before submitting to the
    Committees an audit plan for fiscal years 2021 and 2022 no later than
    30 days after the date of enactment of this Act.
        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 from the 10-year Pediatric Research
    Initiative Fund described in section 9008 of title 26, United States
    Code, 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.

                            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, $200,000,000, to remain
    available through September 30, 2025.

                       nih innovation account, cures act

                         (including transfer of funds)

        For necessary expenses to carry out the purposes described in
    section 1001(b)(4) of the 21st Century Cures Act, in addition to
    amounts available for such purposes in the appropriations provided to
    the NIH in this Act, $404,000,000, 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.

           Substance Abuse and Mental Health Services Administration

                                 mental health

        For carrying out titles III, V, and XIX of the PHS Act with respect
    to mental health, and the Protection and Advocacy for Individuals with
    Mental Illness Act, $1,759,236,000:  Provided, That of the funds made
    available under this heading, $71,887,000 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, $35,000,000 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 2021:  Provided
    further, That States shall expend at least 10 percent of the amount
    each receives for carrying out section 1911 of the PHS Act to support
    evidence-based programs that address the needs of individuals with
    early serious mental illness, including psychotic disorders, regardless
    of the age of the individual at onset:  Provided further, That
    $250,000,000 shall be available until September 30, 2023 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, $21,000,000 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).

                           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, $3,773,556,000:  Provided, That $1,500,000,000
    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 $50,000,000 shall be made available to Indian Tribes or tribal
    organizations:  Provided further, That 15 percent of the remaining
    amount shall be for the States with the highest mortality rate related
    to opioid use disorders:  Provided further, That of the amounts
    provided for State Opioid Response Grants not more than 2 percent shall
    be available for Federal administrative expenses, training, technical
    assistance, and evaluation:  Provided further, That of the amount not
    reserved by the previous three provisos, the Secretary shall make
    allocations to States, territories, and the District of Columbia
    according to a formula using national survey results that the Secretary
    determines are the most objective and reliable measure of drug use and
    drug-related deaths:  Provided further, That the Secretary shall submit
    the formula methodology to the Committees on Appropriations of the
    House of Representatives and the Senate not less than 15 days prior to
    publishing a Funding Opportunity Announcement:  Provided further, That
    prevention and treatment activities funded through such grants may
    include education, treatment (including the provision of medication),
    behavioral health services for individuals in treatment programs,
    referral to treatment services, recovery support, and medical screening
    associated with such treatment:  Provided further, That each State, as
    well as the District of Columbia, shall receive not less than
    $4,000,000:  Provided further, That in addition to amounts provided
    herein, the following amounts shall be available under section 241 of
    the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title
    XIX of the PHS Act to fund section 1935(b) technical assistance,
    national data, data collection and evaluation activities, and further
    that the total available under this Act for section 1935(b) activities
    shall not exceed 5 percent of the amounts appropriated for subpart II
    of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse
    treatment programs:  Provided further, That 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, $208,219,000.

                    health surveillance and program support

        For program support and cross-cutting activities that supplement
    activities funded under the headings ``Mental Health'', ``Substance
    Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
    titles III, V, and XIX of the PHS Act and the Protection and Advocacy
    for Individuals with Mental Illness Act in the Substance Abuse and
    Mental Health Services Administration, $128,830,000:  Provided, That in
    addition to amounts provided herein, $31,428,000 shall be available
    under section 241 of the PHS Act to supplement funds available to carry
    out national surveys on drug abuse and mental health, to collect and
    analyze program data, and to conduct public awareness and technical
    assistance activities:  Provided further, That, in addition, fees may
    be collected for the costs of publications, data, data tabulations, and
    data analysis completed under title V of the PHS Act and provided to a
    public or private entity upon request, which shall be credited to this
    appropriation and shall remain available until expended for such
    purposes:  Provided further, That amounts made available in this Act
    for carrying out section 501(o) of the PHS Act shall remain available
    through September 30, 2022:  Provided further, That funds made
    available under this heading may be used to supplement program support
    funding provided under the headings ``Mental Health'', ``Substance
    Abuse Treatment'', and ``Substance Abuse Prevention''.

                   Agency for Healthcare Research and Quality

                        healthcare research and quality

        For carrying out titles III and IX of the PHS Act, part A of title
    XI of the Social Security Act, and section 1013 of the Medicare
    Prescription Drug, Improvement, and Modernization Act of 2003,
    $338,000,000:  Provided, That section 947(c) of the PHS Act shall not
    apply in fiscal year 2021:  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, 2022.

                    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, $313,904,098,000, to remain available until
    expended.
        For making, after May 31, 2021, payments to States under title XIX
    or in the case of section 1928 on behalf of States under title XIX of
    the Social Security Act for the last quarter of fiscal year 2021 for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
        For making payments to States or in the case of section 1928 on
    behalf of States under title XIX of the Social Security Act for the
    first quarter of fiscal year 2022, $148,732,315,000, to remain
    available until expended.
        Payment under such title XIX may be made for any quarter with
    respect to a State plan or plan amendment in effect during such
    quarter, if submitted in or prior to such quarter and approved in that
    or any subsequent quarter.

                    payments to the health care trust funds

        For payment to the Federal Hospital Insurance Trust Fund and the
    Federal Supplementary Medical Insurance Trust Fund, as provided under
    sections 217(g), 1844, and 1860D-16 of the Social Security Act,
    sections 103(c) and 111(d) of the Social Security Amendments of 1965,
    section 278(d)(3) of Public Law 97-248, and for administrative expenses
    incurred pursuant to section 201(g) of the Social Security Act,
    $439,514,000,000.
        In addition, for making matching payments under section 1844 and
    benefit payments under section 1860D-16 of the Social Security Act that
    were not anticipated in budget estimates, such sums as may be
    necessary.

                               program management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
    other responsibilities of the Centers for Medicare & Medicaid Services,
    not to exceed $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 2021 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, 2022, and shall be available
    for the Survey and Certification Program:  Provided further, That
    amounts available under this heading to support quality improvement
    organizations (as defined in section 1152 of the Social Security Act)
    shall not exceed the amount specifically provided for such purpose
    under this heading in division H of the Consolidated Appropriations
    Act, 2018 (Public Law 115-141).

                  health care fraud and abuse control account

        In addition to amounts otherwise available for program integrity
    and program management, $807,000,000, to remain available through
    September 30, 2022, 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 $616,000,000 shall be for the Centers for Medicare & Medicaid
    Services program integrity activities, of which $99,000,000 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 $92,000,000 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 2021 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, $311,000,000
    is provided to meet the terms of section 251(b)(2)(C)(ii) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
    and $496,000,000 is additional new budget authority specified for
    purposes of section 251(b)(2)(C) of such Act:  Provided further, That
    the Secretary shall provide not less than $20,000,000 from amounts made
    available under this heading and amounts made available for fiscal year
    2021 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, $3,039,000,000, to remain available until expended; and for such
    purposes for the first quarter of fiscal year 2022, $1,400,000,000, to
    remain available until expended.
        For carrying out, after May 31 of the current fiscal year, except
    as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
    Social Security Act and the Act of July 5, 1960, for the last 3 months
    of the current fiscal year for unanticipated costs, incurred for the
    current fiscal year, such sums as may be necessary.

                       low income home energy assistance

        For making payments under subsections (b) and (d) of section 2602
    of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
    seq.), $3,750,304,000:  Provided, That notwithstanding section 2609A(a)
    of such Act, not more than $3,500,000 may be reserved by the Secretary
    of Health and Human Services for technical assistance, training, and
    monitoring of program activities for compliance with internal controls,
    policies and procedures 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 $760,000,000 of the
    amount appropriated under this heading shall be allocated as though the
    total appropriation for such payments for fiscal year 2021 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 2020 from amounts appropriated in
    Public Law 116-94 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 2020 being
    ratably reduced.

                         refugee and entrant assistance

                         (including transfer of funds)

        For necessary expenses for refugee and entrant assistance
    activities authorized by section 414 of the Immigration and Nationality
    Act and section 501 of the Refugee Education Assistance Act of 1980,
    and for carrying out section 462 of the Homeland Security Act of 2002,
    section 235 of the William Wilberforce Trafficking Victims Protection
    Reauthorization Act of 2008, the Trafficking Victims Protection Act of
    2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
    $1,910,201,000, of which $1,864,446,000 shall remain available through
    September 30, 2023 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

        For carrying out the Child Care and Development Block Grant Act of
    1990 (``CCDBG Act''), $5,911,000,000 shall be used to supplement, not
    supplant State general revenue funds for child care assistance for low-
    income families:  Provided, That technical assistance under section
    658I(a)(3) of such Act may be provided directly, or through the use of
    contracts, grants, cooperative agreements, or interagency agreements:
    Provided further, That all funds made available to carry out section
    418 of the Social Security Act (42 U.S.C. 618), including funds
    appropriated for that purpose in such section 418 or any other
    provision of law, shall be subject to the reservation of funds
    authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
    Act:  Provided further, That in addition to the amounts required to be
    reserved by the Secretary under section 658O(a)(2)(A) of such Act,
    $177,330,000 shall be for Indian tribes and tribal organizations.

                          social services block grant

        For making grants to States pursuant to section 2002 of the Social
    Security Act, $1,700,000,000:  Provided, That notwithstanding
    subparagraph (B) of section 404(d)(2) of such Act, the applicable
    percent specified under such subparagraph for a State to carry out
    State programs pursuant to title XX-A of such Act shall be 10 percent.

                    children and families services programs

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
    the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
    the Family Violence Prevention and Services Act, the Native American
    Programs Act of 1974, title II of the Child Abuse Prevention and
    Treatment and Adoption Reform Act of 1978 (adoption opportunities),
    part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and
    1115 of the Social Security Act, and the Community Services Block Grant
    Act (``CSBG Act''); and for necessary administrative expenses to carry
    out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security
    Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act
    of 1981, the Child Care and Development Block Grant Act of 1990, the
    Assets for Independence Act, title IV of the Immigration and
    Nationality Act, and section 501 of the Refugee Education Assistance
    Act of 1980, $13,040,511,000, of which $75,000,000, to remain available
    through September 30, 2022, 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, 2021:  Provided, That
    $10,748,095,000 shall be for making payments under the Head Start Act,
    including for Early Head Start-Child Care Partnerships, and, of which,
    notwithstanding section 640 of such Act:
                (1) $123,000,000 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) $10,000,000 shall be available to migrant and seasonal
            Head Start programs, in addition to funds made available for
            migrant and seasonal Head Start programs under section 640(a)
            of the Head Start Act, for the purposes of 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 640(a)(5):  Provided further, That funds derived
            from a migrant and seasonal Head Start program held by the
            Secretary as a result of recapturing, withholding, or reducing
            a base grant that were unable to be redistributed consistent
            with section 641A(h)(6)(A)(ii) of such Act shall be added to
            the amount in this paragraph;
                (4) $4,000,000 shall be available for the purposes of
            maintaining the Tribal Colleges and Universities Head Start
            Partnership Program consistent with section 648(g) of such Act;
            and
                (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 $275,000,000 shall be
    available until December 31, 2021 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 $775,383,000 shall be for
    making payments under the CSBG Act:  Provided further, That $30,383,000
    shall be for section 680 of the CSBG Act, of which not less than
    $20,383,000 shall be for section 680(a)(2) and not less than
    $10,000,000 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 $182,500,000 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.

                       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:  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:  Provided further, That section 437(b)(1) shall be
    applied to amounts in the previous proviso by substituting ``5
    percent'' for ``3.3 percent'', and notwithstanding section 436(b)(1),
    such reserved amounts may be used for identifying, establishing, and
    disseminating practices to meet the criteria specified in section
    471(e)(4)(C):  Provided further, That the reservation in section
    437(b)(2) and the limitations in section 437(d) shall not apply to
    funds specified in the second proviso:  Provided further, That the
    minimum grant award for kinship navigator programs in the case of
    States and territories shall be $200,000, and, in the case of tribes,
    shall be $25,000.

                    payments for foster care and permanency

        For carrying out, except as otherwise provided, title IV-E of the
    Social Security Act, $7,012,000,000.
        For carrying out, except as otherwise provided, title IV-E of the
    Social Security Act, for the first quarter of fiscal year 2022,
    $3,000,000,000.
        For carrying out, after May 31 of the current fiscal year, except
    as otherwise provided, section 474 of title IV-E of the Social Security
    Act, for the last 3 months of the current fiscal year for unanticipated
    costs, incurred for the current fiscal year, such sums as may be
    necessary.

                      Administration for Community Living

                     aging and disability services programs

                         (including transfer of funds)

        For carrying out, to the extent not otherwise provided, the Older
    Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
    Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
    of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
    the Medicare Improvements for Patients and Providers Act of 2008, title
    XX-B of the Social Security Act, the Developmental Disabilities
    Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title
    II of the Help America Vote Act of 2002, the Assistive Technology Act
    of 1998, titles II and VII (and section 14 with respect to such titles)
    of the Rehabilitation Act of 1973, and for Department-wide coordination
    of policy and program activities that assist individuals with
    disabilities, $2,206,000,000, together with $52,115,000 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
    amounts appropriated under this heading may be used for grants to
    States under section 361 of the OAA only for disease prevention and
    health promotion programs and activities which have been demonstrated
    through rigorous evaluation to be evidence-based and effective:
    Provided further, That of amounts made available under this heading to
    carry out sections 311, 331, and 336 of the OAA, up to one percent of
    such amounts shall be available for developing and implementing
    evidence-based practices for enhancing senior nutrition, including
    medically-tailored meals:  Provided further, That notwithstanding any
    other provision of this Act, funds made available under this heading to
    carry out section 311 of the OAA may be transferred to the Secretary of
    Agriculture in accordance with such section:  Provided further, That
    $2,000,000 shall be for competitive grants to support alternative
    financing programs that provide for the purchase of assistive
    technology devices, such as a low-interest loan fund; an interest buy-
    down program; a revolving loan fund; a loan guarantee; or an insurance
    program:  Provided further, That applicants shall provide an assurance
    that, and information describing the manner in which, the alternative
    financing program will expand and emphasize consumer choice and
    control:  Provided further, That State agencies and community-based
    disability organizations that are directed by and operated for
    individuals with disabilities shall be eligible to compete:  Provided
    further, That none of the funds made available under this heading may
    be used by an eligible system (as defined in section 102 of the
    Protection and Advocacy for Individuals with Mental Illness Act (42
    U.S.C. 10802)) to continue to pursue any legal action in a Federal or
    State court on behalf of an individual or group of individuals with a
    developmental disability (as defined in section 102(8)(A) of the
    Developmental Disabilities and Assistance and Bill of Rights Act of
    2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental
    impairment (or a combination of mental and physical impairments), that
    has as the requested remedy the closure of State operated intermediate
    care facilities for people with intellectual or developmental
    disabilities, unless reasonable public notice of the action has been
    provided to such individuals (or, in the case of mental incapacitation,
    the legal guardians who have been specifically awarded authority by the
    courts to make healthcare and residential decisions on behalf of such
    individuals) who are affected by such action, within 90 days of
    instituting such legal action, which informs such individuals (or such
    legal guardians) of their legal rights and how to exercise such rights
    consistent with current Federal Rules of Civil Procedure:  Provided
    further, That the limitations in the immediately preceding proviso
    shall not apply in the case of an individual who is neither competent
    to consent nor has a legal guardian, nor shall the proviso apply in the
    case of individuals who are a ward of the State or subject to public
    guardianship.

                            Office of the Secretary

                        general departmental management

        For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six passenger motor
    vehicles, and for carrying out titles III, XVII, XXI, and section 229
    of the PHS Act, the United States-Mexico Border Health Commission Act,
    and research studies under section 1110 of the Social Security Act,
    $485,794,000, 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, $55,400,000 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 out prize competitions
    sponsored by the Office of the Secretary to accelerate innovation in
    the prevention, diagnosis, and treatment of kidney diseases (as
    authorized by section 24 of the Stevenson-Wydler Technology Innovation
    Act of 1980 (15 U.S.C. 3719)).

                         medicare hearings and appeals

        For expenses necessary for Medicare hearings and appeals in the
    Office of the Secretary, $191,881,000 shall remain available until
    September 30, 2022, 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, $62,367,000.

                          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,
    $80,000,000:  Provided, That of such amount, necessary sums shall be
    available for providing protective services to the Secretary and
    investigating non-payment of child support cases for which non-payment
    is a Federal offense under 18 U.S.C. 228.

                            office for civil rights

        For expenses necessary for the Office for Civil Rights,
    $38,798,000.

         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.

                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, $1,085,458,000, of which $596,700,000 shall remain
    available through September 30, 2022, for expenses necessary to support
    advanced research and development pursuant to section 319L of the PHS
    Act and other administrative expenses of the Biomedical Advanced
    Research and Development Authority:  Provided, That funds provided
    under this heading for the purpose of acquisition of security
    countermeasures shall be in addition to any other funds available for
    such purpose:  Provided further, That products purchased with funds
    provided under this heading may, at the discretion of the Secretary, be
    deposited in the Strategic National Stockpile pursuant to section 319F-
    2 of the PHS Act:  Provided further, That $5,000,000 of the amounts
    made available to support emergency operations shall remain available
    through September 30, 2023.
        For expenses necessary for procuring security countermeasures (as
    defined in section 319F-2(c)(1)(B) of the PHS Act), $770,000,000, to
    remain available until expended.
        For expenses necessary to carry out section 319F-2(a) of the PHS
    Act, $705,000,000, to remain available until expended.
        For an additional amount for expenses necessary to prepare for or
    respond to an influenza pandemic, $287,000,000; of which $252,000,000
    shall be available until expended, for activities including the
    development and purchase of vaccine, antivirals, necessary medical
    supplies, diagnostics, and other surveillance tools:  Provided, That
    notwithstanding section 496(b) of the PHS Act, funds may be used for
    the construction or renovation of privately owned facilities for the
    production of pandemic influenza vaccines and other biologics, if the
    Secretary finds such construction or renovation necessary to secure
    sufficient supplies of such vaccines or biologics.

                               General Provisions

        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)

        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
    2021 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 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 2021:
                (1) The Secretary may exercise authority equivalent to that
            available to the Secretary of State in section 2(c) of the
            State Department Basic Authorities Act of 1956. The Secretary
            shall consult with the Secretary of State and relevant Chief of
            Mission to ensure that the authority provided in this section
            is exercised in a manner consistent with section 207 of the
            Foreign Service Act of 1980 and other applicable statutes
            administered by the Department of State.
                (2) The Secretary is authorized to provide such funds by
            advance or reimbursement to the Secretary of State as may be
            necessary to pay the costs of acquisition, lease, alteration,
            renovation, and management of facilities outside of the United
            States for the use of HHS. The Department of State shall
            cooperate fully with the Secretary to ensure that HHS has
            secure, safe, functional facilities that comply with applicable
            regulation governing location, setback, and other facilities
            requirements and serve the purposes established by this Act.
            The Secretary is authorized, in consultation with the Secretary
            of State, through grant or cooperative agreement, to make
            available to public or nonprofit private institutions or
            agencies in participating foreign countries, funds to acquire,
            lease, alter, or renovate facilities in those countries as
            necessary to conduct programs of assistance for international
            health activities, including activities relating to HIV/AIDS
            and other infectious diseases, chronic and environmental
            diseases, and other health activities abroad.
                (3) The Secretary is authorized to provide to personnel
            appointed or assigned by the Secretary to serve abroad,
            allowances and benefits similar to those provided under chapter
            9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
            4081 through 4086 and subject to such regulations prescribed by
            the Secretary. The Secretary is further authorized to provide
            locality-based comparability payments (stated as a percentage)
            up to the amount of the locality-based comparability payment
            (stated as a percentage) that would be payable to such
            personnel under section 5304 of title 5, United States Code if
            such personnel's official duty station were in the District of
            Columbia. Leaves of absence for personnel under this subsection
            shall be on the same basis as that provided under subchapter I
            of chapter 63 of title 5, United States Code, or section 903 of
            the Foreign Service Act of 1980, to individuals serving in the
            Foreign Service.

                              (transfer of funds)

        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.

                              (transfer of funds)

        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 $45,000,000 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 $3,500,000 per project.

                              (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 2022
    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--
                (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
    2022 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 2022. 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).

                              (transfer of funds)

        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, 2023, 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 from
    negotiated rates, shall continue to apply to the National Institutes of
    Health to the same extent and in the same manner as such provisions
    were applied in the third quarter of fiscal year 2017. None of the
    funds appropriated in this or prior Acts or otherwise made available to
    the Department of Health and Human Services or to any department or
    agency may be used to develop or implement a modified approach to such
    provisions, or to intentionally or substantially expand the fiscal
    effect of the approval of such deviations from negotiated rates beyond
    the proportional effect of such approvals in such quarter.

                              (transfer of funds)

        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 $305,000,000
    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 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. (a) None of the funds provided by this or any prior
    appropriations Act may be used to reverse changes in procedures made by
    operational directives issued to providers by the Office of Refugee
    Resettlement on December 18, 2018, March 23, 2019, and June 10, 2019
    regarding the Memorandum of Agreement on Information Sharing executed
    April 13, 2018.
        (b) Notwithstanding subsection (a), the Secretary may make changes
    to such operational directives upon making a determination that such
    changes are necessary to prevent unaccompanied alien children from
    being placed in danger, and the Secretary shall provide a written
    justification to Congress and the Inspector General of the Department
    of Health and Human Services in advance of implementing such changes.
        (c) Within 15 days of the Secretary's communication of the
    justification, the Inspector General of the Department of Health and
    Human Services shall provide an assessment, in writing, to the
    Secretary and to the Committees on Appropriations of the House of
    Representatives and the Senate of whether such changes to operational
    directives are necessary to prevent unaccompanied children from being
    placed in danger.
        Sec. 232.  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
                (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. 233.  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. 234.  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. 235.  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. 236.  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 at costs not in excess
    of those paid for or reimbursed by the Department of Defense.
        Sec. 237.  Of the unobligated balances available in fiscal year
    2021 in the ``Nonrecurring Expenses Fund'' established in section 223
    of division G of Public Law 110-161, $225,000,000, in addition to any
    funds otherwise made available for such purposes in this, prior, or
    subsequent fiscal years, shall be available during the period of
    availability of the Fund for the study of, construction of, demolition
    of, renovation of, and acquisition of equipment for, facilities of or
    used by the National Institutes of Health, including the acquisition of
    real property.

                                  (rescission)

        Sec. 238.  Of the unobligated balances in the ``Nonrecurring
    Expenses Fund'' established in section 223 of division G of Public Law
    110-161, $375,000,000 are hereby rescinded not later than September 30,
    2021.
        Sec. 239. (a) The Chamblee Research Support Building (Building 108)
    at the Centers for Disease Control and Prevention is hereby renamed as
    the Johnny Isakson Public Health Research Building.
        (b) Section 238 of division A of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) is amended by inserting
    ``during the period of availability of the Fund'' after ``shall be
    available'' and by inserting ``moving expenses,'' after ``renovation of
    facilities,''.
        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2021''.

                                   TITLE III

                            DEPARTMENT OF EDUCATION

                        Education for the Disadvantaged

        For carrying out title I and subpart 2 of part B of title II of the
    Elementary and Secondary Education Act of 1965 (referred to in this Act
    as ``ESEA'') and section 418A of the Higher Education Act of 1965
    (referred to in this Act as ``HEA''), $17,226,790,000, of which
    $6,306,490,000 shall become available on July 1, 2021, and shall remain
    available through September 30, 2022, and of which $10,841,177,000
    shall become available on October 1, 2021, and shall remain available
    through September 30, 2022, for academic year 2021-2022:  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, 2020, 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 $4,357,550,000 shall be for targeted grants under section
    1125 of the ESEA:  Provided further, That $4,357,550,000 shall be for
    education finance incentive grants under section 1125A of the ESEA:
    Provided further, That $220,000,000 shall be for carrying out subpart 2
    of part B of title II:  Provided further, That $46,123,000 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, $1,501,112,000,
    of which $1,354,242,000 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, to remain available
    through September 30, 2022, shall be for construction under section
    7007(b), $76,313,000 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 2020-2021,
    children enrolled in a school of such agency that would otherwise be
    eligible for payment under section 7003(a)(1)(B) of such Act, but due
    to the deployment of both parents or legal guardians, or a parent or
    legal guardian having sole custody of such children, or due to the
    death of a military parent or legal guardian while on active duty (so
    long as such children reside on Federal property as described in
    section 7003(a)(1)(B)), are no longer eligible under such section,
    shall be considered as eligible students under such section, provided
    such students remain in average daily attendance at a school in the
    same local educational agency they attended prior to their change in
    eligibility status.

                          School Improvement Programs

        For carrying out school improvement activities authorized by part B
    of title I, part A of title II, subpart 1 of part A of title IV, part B
    of title IV, part B of title V, and parts B and C of title VI of the
    ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
    Educational Technical Assistance Act of 2002; the Compact of Free
    Association Amendments Act of 2003; and the Civil Rights Act of 1964,
    $5,444,217,000, of which $3,613,652,000 shall become available on July
    1, 2021, and remain available through September 30, 2022, and of which
    $1,681,441,000 shall become available on October 1, 2021, and shall
    remain available through September 30, 2022, for academic year 2021-
    2022:  Provided, That $378,000,000 shall be for part B of title I:
    Provided further, That $1,259,673,000 shall be for part B of title IV:
    Provided further, That $37,397,000 shall be for part B of title VI,
    which may be used for construction, renovation, and modernization of
    any public elementary school, secondary school, or structure related to
    a public elementary school or secondary school that serves a
    predominantly Native Hawaiian student body, and that the 5 percent
    limitation in section 6205(b) of the ESEA on the use of funds for
    administrative purposes shall apply only to direct administrative
    costs:  Provided further, That $36,453,000 shall be for part C of title
    VI, which shall be awarded on a competitive basis, and may be used for
    construction, and that the 5 percent limitation in section 6305 of the
    ESEA on the use of funds for administrative purposes shall apply only
    to direct administrative costs:  Provided further, That $52,000,000
    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 $16,699,000 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 $187,840,000
    shall be for part B of title V:  Provided further, That $1,220,000,000
    shall be available for grants under subpart 1 of part A of title IV.

                                Indian Education

        For expenses necessary to carry out, to the extent not otherwise
    provided, title VI, part A of the ESEA, $181,239,000, of which
    $67,993,000 shall be for subpart 2 of part A of title VI and $7,865,000
    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.

                           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, $1,114,250,000:  Provided, That $285,250,000
    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 $635,000,000 shall be for parts C, D, and E and
    subpart 4 of part F of title IV, and shall be made available without
    regard to sections 4311, 4409(a), and 4601 of the ESEA:  Provided
    further, That section 4303(d)(3)(A)(i) shall not apply to the funds
    available for part C of title IV:  Provided further, That of the funds
    available for part C of title IV, the Secretary shall use $60,000,000
    to carry out section 4304, of which not more than $10,000,000 shall be
    available to carry out section 4304(k), $140,000,000, to remain
    available through March 31, 2022, 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),
    $194,000,000 shall be available through December 31, 2021 for subpart 1
    of part F of title IV.

                     Safe Schools and Citizenship Education

        For carrying out activities authorized by subparts 2 and 3 of part
    F of title IV of the ESEA, $217,000,000:  Provided, That $106,000,000
    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 $30,000,000 shall be available for section 4625:
    Provided further, That $81,000,000 shall be available through December
    31, 2021, for section 4624.

                          English Language Acquisition

        For carrying out part A of title III of the ESEA, $797,400,000,
    which shall become available on July 1, 2021, and shall remain
    available through September 30, 2022, except that 6.5 percent of such
    amount shall be available on October 1, 2020, and shall remain
    available through September 30, 2022, to carry out activities under
    section 3111(c)(1)(C).

                               Special Education

        For carrying out the Individuals with Disabilities Education Act
    (IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
    $14,070,743,000, of which $4,533,544,000 shall become available on July
    1, 2021, and shall remain available through September 30, 2022, and of
    which $9,283,383,000 shall become available on October 1, 2021, and
    shall remain available through September 30, 2022, for academic year
    2021-2022:  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 2020, 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 2020:  Provided
    further, That the Secretary shall, without regard to section 611(d) of
    the IDEA, distribute to all other States (as that term is defined in
    section 611(g)(2)), subject to the third proviso, any amount by which a
    State's allocation under section 611, from funds appropriated under
    this heading, is reduced under section 612(a)(18)(B), according to the
    following: 85 percent on the basis of the States' relative populations
    of children aged 3 through 21 who are of the same age as children with
    disabilities for whom the State ensures the availability of a free
    appropriate public education under this part, and 15 percent to States
    on the basis of the States' relative populations of those children who
    are living in poverty:  Provided further, That the Secretary may not
    distribute any funds under the previous proviso to any State whose
    reduction in allocation from funds appropriated under this heading made
    funds available for such a distribution:  Provided further, That the
    States shall allocate such funds distributed under the second proviso
    to local educational agencies in accordance with section 611(f):
    Provided further, That the amount by which a State's allocation under
    section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
    the amounts distributed to States under the previous provisos in fiscal
    year 2012 or any subsequent year shall not be considered in calculating
    the awards under section 611(d) for fiscal year 2013 or for any
    subsequent fiscal years:  Provided further, That, notwithstanding the
    provision in section 612(a)(18)(B) regarding the fiscal year in which a
    State's allocation under section 611(d) is reduced for failure to
    comply with the requirement of section 612(a)(18)(A), the Secretary may
    apply the reduction specified in section 612(a)(18)(B) over a period of
    consecutive fiscal years, not to exceed 5, until the entire reduction
    is applied:  Provided further, That the Secretary may, in any fiscal
    year in which a State's allocation under section 611 is reduced in
    accordance with section 612(a)(18)(B), reduce the amount a State may
    reserve under section 611(e)(1) by an amount that bears the same
    relation to the maximum amount described in that paragraph as the
    reduction under section 612(a)(18)(B) bears to the total allocation the
    State would have received in that fiscal year under section 611(d) in
    the absence of the reduction:  Provided further, That the Secretary
    shall either reduce the allocation of funds under section 611 for any
    fiscal year following the fiscal year for which the State fails to
    comply with the requirement of section 612(a)(18)(A) as authorized by
    section 612(a)(18)(B), or seek to recover funds under section 452 of
    the General Education Provisions Act (20 U.S.C. 1234a):  Provided
    further, That the funds reserved under 611(c) of the IDEA may be used
    to provide technical assistance to States to improve the capacity of
    the States to meet the data collection requirements of sections 616 and
    618 and to administer and carry out other services and activities to
    improve data collection, coordination, quality, and use under parts B
    and C of the IDEA:  Provided further, That the Secretary may use funds
    made available for the State Personnel Development Grants program under
    part D, subpart 1 of IDEA to evaluate program performance under such
    subpart: Provided further, That States may use funds reserved for other
    State-level activities under sections 611(e)(2) and 619(f) of the IDEA
    to make subgrants to local educational agencies, institutions of higher
    education, other public agencies, and private non-profit organizations
    to carry out activities authorized by those sections:  Provided
    further, That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5
    or fewer States apply for grants pursuant to section 643(e) of such
    Act, the Secretary shall provide a grant to each State in an amount
    equal to the maximum amount described in section 643(e)(2)(B) of such
    Act:  Provided further, That if more than 5 States apply for grants
    pursuant to section 643(e) of the IDEA, the Secretary shall award funds
    to those States on the basis of the States' relative populations of
    infants and toddlers except that no such State shall receive a grant in
    excess of the amount described in section 643(e)(2)(B) of such Act:
    Provided further, That States may use funds allotted under section
    643(c) of the IDEA to make subgrants to local educational agencies,
    institutions of higher education, other public agencies, and private
    non-profit organizations to carry out activities authorized by section
    638 of IDEA.

                            Rehabilitation Services

        For carrying out, to the extent not otherwise provided, the
    Rehabilitation Act of 1973 and the Helen Keller National Center Act,
    $3,814,220,000, of which $3,675,021,000 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 States may award subgrants for a
    portion of the funds to other public and private, nonprofit entities:
    Provided further, That any funds made available subsequent to
    reallotment for innovative activities aimed at improving the outcomes
    of individuals with disabilities shall remain available until September
    30, 2022.

               Special Institutions for Persons With Disabilities

                     american printing house for the blind

        For carrying out the Act to Promote the Education of the Blind of
    March 3, 1879, $34,431,000.

                   national technical institute for the deaf

        For the National Technical Institute for the Deaf under titles I
    and II of the Education of the Deaf Act of 1986, $81,500,000:
    Provided, That from the total amount available, the Institute may at
    its discretion use funds for the endowment program as authorized under
    section 207 of such Act.

                              gallaudet university

        For the Kendall Demonstration Elementary School, the Model
    Secondary School for the Deaf, and the partial support of Gallaudet
    University under titles I and II of the Education of the Deaf Act of
    1986, $140,361,000:  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''),
    $2,030,936,000, of which $1,239,936,000 shall become available on July
    1, 2021, and shall remain available through September 30, 2022, and of
    which $791,000,000 shall become available on October 1, 2021, and shall
    remain available through September 30, 2022:  Provided, That of the
    amounts made available for AEFLA, $13,712,000 shall be for national
    leadership activities under section 242.

                          Student Financial Assistance

        For carrying out subparts 1, 3, and 10 of part A, and part C of
    title IV of the HEA, $24,545,352,000 which shall remain available
    through September 30, 2022.
        The maximum Pell Grant for which a student shall be eligible during
    award year 2021-2022 shall be $5,435.

                           Student Aid Administration

        For Federal administrative expenses to carry out part D of title I,
    and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
    title IV of the HEA, and subpart 1 of part A of title VII of the Public
    Health Service Act, $1,853,943,000, to remain available through
    September 30, 2022:  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 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 non-compliance
    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 2021 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
    2021):  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:  Provided further, That, due to concerns with the transfer
    of borrower accounts and to allow appropriate time for review of the
    risks of current contracting plans, FSA shall suspend awarding of any
    contract for the Interim Servicing Solution (ISS) Solicitation
    (Solicitation No. 91003120R0018) for a period of not less than 90 days
    after enactment of this Act:  Provided further, That FSA may not award
    funding for any contract under such ISS Solicitation unless Business
    Process Operations (BPO) Contractors are, as borrower accounts are
    migrated to ISS, immediately responsible for all contact center and
    back-office processing, as described in BPO Solicitation No.
    91003119R0008, necessary to deliver all such servicing requirements for
    accounts that have been migrated to ISS:  Provided further, That
    notwithstanding the requirements of the Federal Property and
    Administration Services Act of 1949, 41 U.S.C. 3101 et. seq, as
    amended; parts 6, 16, and 37 of title 48, Code of Federal Regulations;
    or any other procurement limitation on the period of performance, the
    Secretary may extend the period of performance for any contract under
    section 456 of the HEA for servicing activities scheduled to expire on
    December 14, 2021, or March 30, 2022, as applicable, for up to two
    additional years from the date of expiration.

                                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,
    $2,541,661,000, of which $96,000,000 shall remain available through
    December 31, 2021:  Provided, That notwithstanding any other provision
    of law, funds made available in this Act to carry out title VI of the
    HEA and section 102(b)(6) of the Mutual Educational and Cultural
    Exchange Act of 1961 may be used to support visits and study in foreign
    countries by individuals who are participating in advanced foreign
    language training and international studies in areas that are vital to
    United States national security and who plan to apply their language
    skills and knowledge of these countries in the fields of government,
    the professions, or international development:  Provided further, That
    of the funds referred to in the preceding proviso up to 1 percent may
    be used for program evaluation, national outreach, and information
    dissemination activities:  Provided further, That up to 1.5 percent of
    the funds made available under chapter 2 of subpart 2 of part A of
    title IV of the HEA may be used for evaluation:  Provided further, That
    section 313(d) of the HEA shall not apply to an institution of higher
    education that is eligible to receive funding under section 318 of the
    HEA.

                               Howard University

        For partial support of Howard University, $251,018,000, 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, $22,150,000, as authorized
    pursuant to part D of title III of the HEA, which shall remain
    available through September 30, 2022:  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 $278,266,000:
    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, $16,000,000, to remain available through September 30,
    2022, shall be made available to provide for the deferment of loans
    made under part D of title III of the HEA to eligible institutions that
    are private Historically Black Colleges and Universities, which apply
    for the deferment of such a loan and demonstrate financial need for
    such deferment by having a score of 2.6 or less on the Department of
    Education's financial responsibility test:  Provided, That the loan has
    not been paid in full and is not paid in full during the period of
    deferment:  Provided further, That during the period of deferment of
    such a loan, interest on the loan will not accrue or be capitalized,
    and the period of deferment shall be for at least a period of 3-fiscal
    years and not more than 6-fiscal years:  Provided further, That funds
    available under this paragraph shall be used to fund eligible deferment
    requests submitted for this purpose in fiscal year 2018:  Provided
    further, That the Secretary shall create and execute an outreach plan
    to work with States and the Capital Financing Advisory Board to improve
    outreach to States and help additional public Historically Black
    Colleges and Universities participate in the program.
        In addition, $10,000,000, to remain available through September 30,
    2022, shall be made available to provide for the deferment of loans
    made under part D of title III of the HEA to eligible institutions that
    are public Historically Black Colleges and Universities, which apply
    for the deferment of such a loan and demonstrate financial need for
    such deferment, which shall be determined by the Secretary of Education
    based on factors including, but not limited to, equal to or greater
    than 5 percent of the school's operating revenue relative to its annual
    debt service payment:  Provided, That during the period of deferment of
    such a loan, interest on the loan will not accrue or be capitalized,
    and the period of deferment shall be for at least a period of 3-fiscal
    years and not more than 6-fiscal years.
        In addition, for administrative expenses to carry out the
    Historically Black College and University Capital Financing Program
    entered into pursuant to part D of title III of the HEA, $334,000.

                        Institute of Education Sciences

        For carrying out activities authorized by the Education Sciences
    Reform Act of 2002, 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, $642,462,000, which shall remain available through
    September 30, 2022:  Provided, That funds available to carry out
    section 208 of the Educational Technical Assistance Act may be used to
    link Statewide elementary and secondary data systems with early
    childhood, postsecondary, and workforce data systems, or to further
    develop such systems:  Provided further, That up to $6,000,000 of the
    funds available to carry out section 208 of the Educational Technical
    Assistance Act may be used for awards to public or private
    organizations or agencies to support activities to improve data
    coordination, quality, and use at the local, State, and national
    levels.

                            Departmental Management

                             program administration

        For carrying out, to the extent not otherwise provided, the
    Department of Education Organization Act, including rental of
    conference rooms in the District of Columbia and hire of three
    passenger motor vehicles, $430,000,000:  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, $131,000,000.

                          office of inspector general

        For expenses necessary for the Office of Inspector General, as
    authorized by section 212 of the Department of Education Organization
    Act, $63,000,000, of which $2,000,000 shall remain available until
    expended.

                               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.

                              (transfer of funds)

        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, 2021, through September 30, 2022.
        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 2021 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)) is
    amended by striking ``2020'' and inserting ``2021''.
        Sec. 306.  Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
    amended in paragraph (4) by striking ``2020'' and inserting ``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, $500,000,000 are hereby rescinded.

                                  (rescission)

        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 2021, $28,000,000 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 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'', $50,000,000, to remain
    available until expended, shall be for the cost, as defined under
    section 502 of the Congressional Budget Act of 1974, of the Secretary
    of Education providing loan cancellation in the same manner as under
    section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
    1087e(m)), for borrowers of loans made 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 income-contingent 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.  None of the funds made available by this Act may be used
    in contravention of section 203 of the Department of Education
    Organization Act (20 U.S.C. 3413).

                         (including transfer of funds)

        Sec. 313.  There is hereby established in the Treasury of the
    United States a fund to be known as the ``Department of Education
    Nonrecurring Expenses Fund'' (the Fund):  Provided, That unobligated
    balances of expired discretionary funds appropriated for this or any
    succeeding fiscal year from the General Fund of the Treasury to the
    Department of Education by this or any other Act may be transferred
    (not later than the end of the fifth fiscal year after the last fiscal
    year for which such funds are available for the purposes for which
    appropriated) into the Fund:  Provided further, That amounts deposited
    in the Fund shall be available until expended, and in addition to such
    other funds as may be available for such purposes, for information and
    business technology system modernization and facilities infrastructure
    improvements necessary for the operation of the Department, subject to
    approval by the Office of Management and Budget:  Provided further,
    That amounts in the Fund may be obligated only after the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 30 days in advance of the specific information and
    business technology system modernization project or facility
    infrastructure improvement obligations planned for such amounts.
        Sec. 314. (a) The General Education Provisions Act (20 U.S.C. 1221
    et seq.) is amended by striking section 426.
        (b) Paragraph (9) of section 4407(a) of the Elementary and
    Secondary Education Act of 1965 (20 U.S.C. 7231f(a)) is amended by
    striking ``notwithstanding section 426 of the General Education
    Provisions Act (20 U.S.C. 1228),''.
        Sec. 315.  Section 2101(b) of the Elementary and Secondary
    Education Act of 1965 (20 U.S.C. 6611(b)) is amended--(1) in paragraph
    (2)(A)(iv), by inserting ``through fiscal year 2022'' after ``fiscal
    year 2020''; and (2) in paragraph (3), by striking ``2021'' both places
    it appears and inserting ``2023'' in its place.

                rural and low-income school program adjustments

        Sec. 316. (a) Hold Harmless.--For the purpose of making awards
    under section 5221 of the Elementary and Secondary Education Act of
    1965 (20 U.S.C. 7351) for a fiscal year during the period described in
    subsection (c), the Secretary of Education and each State educational
    agency shall treat as eligible to receive a grant under such section--
                (1) any local educational agency that meets the eligibility
            requirements described in section 5221(b)(1) of such Act for
            such fiscal year, in accordance with subsection (d); and
                (2) notwithstanding such section 5221(b)(1), any local
            educational agency that does not meet the eligibility
            requirements described in such section for such fiscal year
            if--
                        (A) the local educational agency received a grant
                    under section 5221 of such Act for fiscal year 2019;
                        (B) for fiscal year 2019, less than 20 percent of
                    the children ages 5 through 17 years served by the
                    local educational agency were from families with
                    incomes below the poverty line, as determined by data
                    from the Small Area Income and Poverty Estimates of the
                    Bureau of the Census;
                        (C) the award for fiscal year 2019 was based on
                    alternative poverty data submitted by the State to the
                    Secretary despite data being available from the Small
                    Area Income and Poverty Estimates of the Bureau of the
                    Census; and
                        (D) the local educational agency meets the
                    eligibility criteria described in section
                    5221(b)(1)(A)(ii) of such Act, or has obtained a waiver
                    under section 5221(b)(2) of such Act, for the fiscal
                    year for which the eligibility determination is being
                    made.
        (b) Limitations.--
                (1) Limits on local educational agency awards.--For the
            purposes of making an award under section 5221(b) of the
            Elementary and Secondary Education Act of 1965 (20 U.S.C.
            7351(b)) to local educational agencies described in subsection
            (a)(2) for a fiscal year during the period described in
            subsection (c), a State educational agency shall provide an
            award to each such local educational agency for such fiscal
            year that is not larger than--
                        (A) for fiscal year 2021, 100 percent of the amount
                    such local educational agency received for fiscal year
                    2019;
                        (B) for fiscal year 2022, 100 percent of the amount
                    such local educational agency received for fiscal year
                    2019;
                        (C) for fiscal year 2023, 83.33 percent of the
                    amount such local educational agency received for
                    fiscal year 2019;
                        (D) for fiscal year 2024, 66.67 percent of the
                    amount such local educational agency received for
                    fiscal year 2019;
                        (E) for fiscal year 2025, 50 percent of the amount
                    such local educational agency received for fiscal year
                    2019;
                        (F) for fiscal year 2026, 33.33 percent of the
                    amount such local educational agency received for
                    fiscal year 2019; and
                        (G) for fiscal year 2027, 16.67 percent of the
                    amount such local educational agency received for
                    fiscal year 2019.
                (2) Adjustments to state allocations.--In determining grant
            amounts for each State educational agency under section
            5221(a)(2) of the Elementary and Secondary Education Act of
            1965 (20 U.S.C. 7351(a)(2)) for each fiscal year during the
            period described in subsection (c), the Secretary of Education
            shall reduce the amount that the State educational agency would
            otherwise receive by the combined amount of any reductions in
            grant awards required under paragraph (1) for such year for the
            local educational agencies described in subsection (a)(2) that
            are served by the State educational agency.
        (c) Applicability.--Subsections (a) and (b) shall be in effect
    during the period--
                (1) beginning on the first day of the fiscal year in which
            this Act is enacted; and
                (2) ending on the earlier of--
                        (A) September 30, 2027; or
                        (B) the last day of the fiscal year in which an Act
                    that reauthorizes the rural and low-income school
                    program under subpart 2 of part B of title V of the
                    Elementary and Secondary Education Act of 1965 (20
                    U.S.C. 7351 et seq.) is enacted.
        (d) Use of Data Measures.--Except as provided in subsection (a)(2),
    for the purpose of making awards under section 5221 of the Elementary
    and Secondary Education Act of 1965 (20 U.S.C. 7351) for any fiscal
    year--
                (1) if data are available from the Small Area Income and
            Poverty Estimates of the Bureau of the Census to determine a
            local educational agency's enrollment of children from families
            with incomes below the poverty line as described in section
            5221(b)(1)(A)(i) of such Act, the Secretary of Education and
            each State educational agency shall not use alternative poverty
            data in determining such local educational agency's eligibility
            under such section; and
                (2) if data are not available from the Small Area Income
            and Poverty Estimates of the Bureau of the Census to determine
            a local educational agency's enrollment of children from
            families with incomes below the poverty line as described in
            such section 5221(b)(1)(A)(i), the Secretary and the State
            educational agency shall determine such local educational
            agency's eligibility under such section using the same State-
            derived poverty data used to determine local educational agency
            allocations under part A of title I of the Elementary and
            Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
        Sec. 317. (a) In General.--For the purpose of carrying out section
    435(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1085(a)(2)),
    the Secretary of Education may waive the requirements under sections
    435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such Act (20 U.S.C.
    1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii)) for a private non-
    profit institution of higher education--(1) that is an Alaska Native-
    Serving Institution (as defined in section 317(A)(2) of such Act (20
    U.S.C. 1059d)) and a Native American-Serving Non-Tribal Institution (as
    defined in section 319(b)(2) (20 U.S.C. 1059f)) whose fall enrollment
    for the most recently completed academic year was comprised of a
    majority of students who are Indian (as defined in such section) or
    Alaska Native (as defined in section 317(b) of such Act (20 U.S.C.
    1059d(b)) and who are eligible to receive the maximum award under the
    Pell Grant program; or (2) whose fall enrollment for the most recently
    completed academic year was comprised of a majority of the students who
    are African American (as defined in section 322(2) of such act (20
    U.S.C. 1061(2)) and at least 50% or more received Federal Pell Grant
    Funds.
        (b) Applicability.--Subsection (a) shall apply to an institution of
    higher education that otherwise would be ineligible to participate in a
    program under part A 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 Higher Education Act of 1965 (20 U.S.C.
    1085(a)(2)).
        (c) Coverage.--This section shall be in effect for the period
    covered by this Act and for the succeeding fiscal year.
        Sec. 318.  Of the amounts made available under the heading
    ``Department of Education--Rehabilitation Services'' in title III of
    the Departments of Labor, Health and Human Services, and Education, and
    Related Agencies Appropriations Act, 2020 (division A of Public Law
    116-94) that remain available subsequent to the reallotment of funds to
    States pursuant to section 110(b) of the Rehabilitation Act of 1973
    (Public Law 93-112), $20,000,000 shall be available to the Secretary
    for one-time financial relief and restoration grants consistent with
    the purposes of the Randolph-Sheppard Act as authorized under section
    10 of such Act (20 U.S.C. 107f):  Provided, That the Secretary shall
    use such funds to make grants to each State licensing agency in the
    same proportion as the number of blind vendors operating a vending
    facility in such State as compared to the number of blind vendors
    operating a vending facility in all the States on September 30, 2019:
    Provided further, That the State licensing agency shall use these
    grants to make financial relief and restoration payments to offset
    losses of blind vendors that occurred during calendar year 2020, but
    only to the extent that such losses are not otherwise compensated:
    Provided further, That any funds in excess of the amount needed for
    financial relief and restoration payments to blind vendors shall be
    used by the State licensing agency for other purposes authorized by
    section 395.9 of title 34, Code of Federal Regulations, as in effect on
    the date of enactment of this Act, and determined through active
    participation with the State committee of blind vendors as required:
    Provided further, That such funds shall remain available to the
    Secretary until September 30, 2021.
        This title may be cited as the ``Department of Education
    Appropriations Act, 2021''.

                                    TITLE IV

                                RELATED AGENCIES

     Committee for Purchase From People Who Are Blind or Severely Disabled

                             salaries and expenses

        For expenses necessary for the Committee for Purchase From People
    Who Are Blind or Severely Disabled (referred to in this title as ``the
    Committee'') established under section 8502 of title 41, United States
    Code, $10,500,000:  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 $2,500,000 shall be available for the Office of
    Inspector General.

                 Corporation for National and Community Service

                               operating expenses

        For necessary expenses for the Corporation for National and
    Community Service (referred to in this title as ``CNCS'') to carry out
    the Domestic Volunteer Service Act of 1973 (referred to in this title
    as ``1973 Act'') and the National and Community Service Act of 1990
    (referred to in this title as ``1990 Act''), $843,115,000,
    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) $18,538,000 shall be available to provide
    assistance to State commissions on national and community service,
    under section 126(a) of the 1990 Act and notwithstanding section
    501(a)(5)(B) of the 1990 Act; (3) $33,500,000 shall be available to
    carry out subtitle E of the 1990 Act; and (4) $6,400,000 shall be
    available for expenses authorized under section 501(a)(4)(F) of the
    1990 Act, which, notwithstanding the provisions of section 198P shall
    be awarded by CNCS on a competitive basis:  Provided further, That for
    the purposes of carrying out the 1990 Act, satisfying the requirements
    in section 122(c)(1)(D) may include a determination of need by the
    local community.

                     payment to the national service trust

                         (including transfer of funds)

        For payment to the National Service Trust established under
    subtitle D of title I of the 1990 Act, $185,000,000, to remain
    available until expended:  Provided, That CNCS may transfer additional
    funds from the amount provided within ``Operating Expenses'' allocated
    to grants under subtitle C of title I of the 1990 Act to the National
    Service Trust upon determination that such transfer is necessary to
    support the activities of national service participants and after
    notice is transmitted to the Committees on Appropriations of the House
    of Representatives and the Senate:  Provided further, That amounts
    appropriated for or transferred to the National Service Trust may be
    invested under section 145(b) of the 1990 Act without regard to the
    requirement to apportion funds under 31 U.S.C. 1513(b).

                             salaries and expenses

        For necessary expenses of administration as provided under section
    501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
    including payment of salaries, authorized travel, hire of passenger
    motor vehicles, the rental of conference rooms in the District of
    Columbia, the employment of experts and consultants authorized under 5
    U.S.C. 3109, and not to exceed $2,500 for official reception and
    representation expenses, $86,487,000.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $6,500,000.

                           administrative provisions

        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 2021, 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 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.

                      Corporation for Public Broadcasting

        For payment to the Corporation for Public Broadcasting (``CPB''),
    as authorized by the Communications Act of 1934, an amount which shall
    be available within limitations specified by that Act, for the fiscal
    year 2023, $475,000,000:  Provided, That none of the funds made
    available to CPB by this Act shall be used to pay for receptions,
    parties, or similar forms of entertainment for Government officials or
    employees:  Provided further, That none of the funds made available to
    CPB by this Act shall be available or used to aid or support any
    program or activity from which any person is excluded, or is denied
    benefits, or is discriminated against, on the basis of race, color,
    national origin, religion, or sex:  Provided further, That none of the
    funds made available to CPB by this Act shall be used to apply any
    political test or qualification in selecting, appointing, promoting, or
    taking any other personnel action with respect to officers, agents, and
    employees of CPB.
        In addition, for the costs associated with replacing and upgrading
    the public broadcasting interconnection system and other technologies
    and services that create infrastructure and efficiencies within the
    public media system, $20,000,000.

                   Federal Mediation and Conciliation Service

                             salaries and expenses

        For expenses necessary for the Federal Mediation and Conciliation
    Service (``Service'') to carry out the functions vested in it by the
    Labor-Management Relations Act, 1947, including hire of passenger motor
    vehicles; for expenses necessary for the Labor-Management Cooperation
    Act of 1978; and for expenses necessary for the Service to carry out
    the functions vested in it by the Civil Service Reform Act,
    $48,600,000, including up to $900,000 to remain available through
    September 30, 2022, for activities authorized by the Labor-Management
    Cooperation Act of 1978:  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, $17,184,000.

                    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,
    $257,000,000.

                Medicaid and CHIP Payment and Access Commission

                             salaries and expenses

        For expenses necessary to carry out section 1900 of the Social
    Security Act, $8,780,000.

                      Medicare Payment Advisory Commission

                             salaries and expenses

        For expenses necessary to carry out section 1805 of the Social
    Security Act, $12,905,000, to be transferred to this appropriation from
    the Federal Hospital Insurance Trust Fund and the Federal Supplementary
    Medical Insurance Trust Fund.

                         National Council on Disability

                             salaries and expenses

        For expenses necessary for the National Council on Disability as
    authorized by title IV of the Rehabilitation Act of 1973, $3,350,000.

                         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 provisions

        Sec. 407.  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.

                            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,
    $14,300,000.

                Occupational Safety and Health Review Commission

                             salaries and expenses

        For expenses necessary for the Occupational Safety and Health
    Review Commission, $13,225,000.

                           Railroad Retirement Board

                         dual benefits payments account

        For payment to the Dual Benefits Payments Account, authorized under
    section 15(d) of the Railroad Retirement Act of 1974, $13,000,000,
    which shall include amounts becoming available in fiscal year 2021
    pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
    an amount, not to exceed 2 percent of the amount provided herein, shall
    be available proportional to the amount by which the product of
    recipients and the average benefit received exceeds the amount
    available for payment of vested dual benefits:  Provided, That the
    total amount provided herein shall be credited in 12 approximately
    equal amounts on the first day of each month in the fiscal year.

              federal payments to the railroad retirement accounts

        For payment to the accounts established in the Treasury for the
    payment of benefits under the Railroad Retirement Act for interest
    earned on unnegotiated checks, $150,000, to remain available through
    September 30, 2022, 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, $123,500,000, 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:  Provided further, That $9,000,000 to remain
    available until expended, shall be used to supplement, not supplant,
    existing resources devoted to operations and improvements for the
    Board's Information Technology Investment Initiatives.

                 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 $11,500,000, to be derived
    from the railroad retirement accounts and railroad unemployment
    insurance account.

                         Social Security Administration

                    payments to social security trust funds

        For payment to the Federal Old-Age and Survivors Insurance Trust
    Fund and the Federal Disability Insurance Trust Fund, as provided under
    sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.

                      supplemental security income program

        For carrying out titles XI and XVI of the Social Security Act,
    section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
    amended, and section 405 of Public Law 95-216, including payment to the
    Social Security trust funds for administrative expenses incurred
    pursuant to section 201(g)(1) of the Social Security Act,
    $40,158,768,000, 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, 2023.
        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 2022, $19,600,000,000, to
    remain available until expended.

                     limitation on administrative expenses

        For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $20,000 for official reception and
    representation expenses, not more than $12,794,945,000 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 $2,500,000 shall be for the Social Security Advisory
    Board:  Provided further, That $45,000,000 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:  Provided further, That $50,000,000 shall remain
    available through September 30, 2022, 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 2021 not needed for fiscal
    year 2021 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 $1,575,000,000, to remain available through
    March 31, 2022, is for the costs associated with continuing disability
    reviews under titles II and XVI of the Social Security Act, including
    work-related continuing disability reviews to determine whether
    earnings derived from services demonstrate an individual's ability to
    engage in substantial gainful activity, for the cost associated with
    conducting redeterminations of eligibility under title XVI of the
    Social Security Act, for the cost of co-operative disability
    investigation units, and for the cost associated with the prosecution
    of fraud in the programs and operations of the Social Security
    Administration by Special Assistant United States Attorneys:  Provided,
    That, of such amount, $273,000,000 is provided to meet the terms of
    section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, and $1,302,000,000 is
    additional new budget authority specified for purposes of section
    251(b)(2)(B) of such Act:  Provided further, That, of the additional
    new budget authority described in the preceding proviso, up to
    $11,200,000 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, $135,000,000 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 2021 exceed $135,000,000, the amounts shall be available in
    fiscal year 2022 only to the extent provided in advance in
    appropriations Acts.
        In addition, up to $1,000,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act, which
    shall remain available until expended.

                          office of inspector general

                         (including transfer of funds)

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $30,000,000, together with not to exceed $75,500,000, 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.
        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.

                                    TITLE V

                               GENERAL PROVISIONS

                              (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 executive-legislative
    relationships, for publicity or propaganda purposes, for the
    preparation, distribution, or use of any kit, pamphlet, booklet,
    publication, electronic communication, radio, television, or video
    presentation designed to support or defeat the enactment of legislation
    before the Congress or any State or local legislature or legislative
    body, except in presentation to the Congress or any State or local
    legislature itself, or designed to support or defeat any proposed or
    pending regulation, administrative action, or order issued by the
    executive branch of any State or local government, except in
    presentation to the executive branch of any State or local government
    itself.
        (b) No part of any appropriation contained in this Act or
    transferred pursuant to section 4002 of Public Law 111-148 shall be
    used to pay the salary or expenses of any grant or contract recipient,
    or agent acting for such recipient, related to any activity designed to
    influence the enactment of legislation, appropriations, regulation,
    administrative action, or Executive order proposed or pending before
    the Congress or any State government, State legislature or local
    legislature or legislative body, other than for normal and recognized
    executive-legislative relationships or participation by an agency or
    officer of a State, local or tribal government in policymaking and
    administrative processes within the executive branch of that
    government.
        (c) The prohibitions in subsections (a) and (b) shall include any
    activity to advocate or promote any proposed, pending or future
    Federal, State or local tax increase, or any proposed, pending, or
    future requirement or restriction on any legal consumer product,
    including its sale or marketing, including but not limited to the
    advocacy or promotion of gun control.
        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 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
            life-endangering 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.
        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 executive-congressional
    communications.
        (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical
    trials are being conducted to determine therapeutic advantage.
        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 in fiscal
    year 2021, 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 2021, 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 2021 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 2021 budget request.
        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 2021, 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.  None of the funds made available under this or any other
    Act, or any prior Appropriations Act, may be provided to the
    Association of Community Organizations for Reform Now (ACORN), or any
    of its affiliates, subsidiaries, allied organizations, or successors.
        Sec. 522.  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. 523.  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. 524. (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 2021'' for ``Fiscal Year 2014'' in the title of subsection (b) and
    by substituting ``September 30, 2025'' 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, and section 524 of
    division A of Public Law 116-94.
        (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. 525.  Not later than 30 days after the end of each calendar
    quarter, beginning with the first month of fiscal year 2021 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. 526.  The Departments of Labor, Health and Human Services, or
    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. 527.  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. 528.  Each department and related agency funded through this
    Act shall provide answers to questions submitted for the record by
    members of the Committee within 45 business days after receipt.

                                  (rescission)

        Sec. 529.  Of the unobligated balances made available by section
    301(b)(3) of Public Law 114-10, $2,000,000,000 are hereby rescinded.

                                  (rescission)

        Sec. 530.  Of any available amounts appropriated under section
    2104(a)(24) of the Social Security Act (42 U.S.C. 1397dd) that are
    unobligated as of September 25, 2021, $1,000,000,000 are hereby
    rescinded as of such date.
        Sec. 531.  Of the unobligated balances made available for purposes
    of carrying out section 2105(a)(3) of the Social Security Act,
    $4,000,000,000 shall not be available for obligation in this fiscal
    year.
        Sec. 532.  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, $14,000,000,000 shall not be available for
    obligation in this fiscal year.
        Sec. 533.  For an additional amount for ``Department of Health and
    Human Services--Administration for Children and Families--Children and
    Families Services Programs'', $638,000,000, to prevent, prepare for,
    and respond to coronavirus, for necessary expenses for grants to carry
    out a Low-Income Household Drinking Water and Wastewater Emergency
    Assistance Program:  Provided, That the Secretary of Health and Human
    Services shall make grants to States and Indian Tribes to assist low-
    income households, particularly those with the lowest incomes, that pay
    a high proportion of household income for drinking water and wastewater
    services, by providing funds to owners or operators of public water
    systems or treatment works to reduce arrearages of and rates charged to
    such households for such services:  Provided further, That in carrying
    out this appropriation, the Secretary, States, and Indian Tribes, as
    applicable, shall, as appropriate and to the extent practicable, use
    existing processes, procedures, policies, and systems in place to
    provide assistance to low-income households, including by using
    existing programs and program announcements, application and approval
    processes:  Provided further, That the Secretary shall allot amounts
    appropriated in this section to a State or Indian Tribe based on the
    following (i) the percentage of households in the State, or under the
    jurisdiction of the Indian Tribe, with income equal to or less than 150
    percent of the Federal poverty line, and (ii) the percentage of such
    households in the State, or under the jurisdiction of the Indian Tribe,
    that spend more than 30 percent of monthly income on housing:  Provided
    further, That up to 3 percent of the amount appropriated in this
    section shall be reserved for Indian Tribes and tribal organizations:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.
        This division may be cited as the ``Departments of Labor, Health
    and Human Services, and Education, and Related Agencies Appropriations
    Act, 2021''.

            DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021

                                    TITLE I

                               LEGISLATIVE BRANCH

                                     SENATE

                               Expense Allowances

        For expense allowances of the Vice President, $18,760; the
    President Pro Tempore of the Senate, $37,520; Majority Leader of the
    Senate, $39,920; Minority Leader of the Senate, $39,920; Majority Whip
    of the Senate, $9,980; Minority Whip of the Senate, $9,980; President
    Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
    Conference Committees, $4,690 for each Chairman; and Chairmen of the
    Majority and Minority Policy Committees, $4,690 for each Chairman; in
    all, $189,840.
        For representation allowances of the Majority and Minority Leaders
    of the Senate, $14,070 for each such Leader; in all, $28,140.

                        Salaries, Officers and Employees

        For compensation of officers, employees, and others as authorized
    by law, including agency contributions, $222,727,000, which shall be
    paid from this appropriation as follows:

                          office of the vice president

        For the Office of the Vice President, $2,533,000.

                      office of the president pro tempore

        For the Office of the President Pro Tempore, $759,000.

                  office of the president pro tempore emeritus

        For the Office of the President Pro Tempore Emeritus, $326,000.

                  offices of the majority and minority leaders

        For Offices of the Majority and Minority Leaders, $5,506,000.

                   offices of the majority and minority whips

        For Offices of the Majority and Minority Whips, $3,525,000.

                          committee on appropriations

        For salaries of the Committee on Appropriations, $16,143,000.

                             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, $1,738,000 for each such committee; in all, $3,476,000.

     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, $862,000.

                               policy committees

        For salaries of the Majority Policy Committee and the Minority
    Policy Committee, $1,776,000 for each such committee; in all,
    $3,552,000.

                             office of the chaplain

        For Office of the Chaplain, $510,000.

                            office of the secretary

        For Office of the Secretary, $26,818,000.

                 office of the sergeant at arms and doorkeeper

        For Office of the Sergeant at Arms and Doorkeeper, $88,879,000.

            offices of the secretaries for the majority and minority

        For Offices of the Secretary for the Majority and the Secretary for
    the Minority, $1,940,000.

                   agency contributions and related expenses

        For agency contributions for employee benefits, as authorized by
    law, and related expenses, $67,898,000.

                Office of the Legislative Counsel of the Senate

        For salaries and expenses of the Office of the Legislative Counsel
    of the Senate, $6,681,000.

                         Office of Senate Legal Counsel

        For salaries and expenses of the Office of Senate Legal Counsel,
    $1,197,000.

    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, $7,110;
    Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for
    the Majority of the Senate, $7,110; Secretary for the Minority of the
    Senate, $7,110; in all, $28,440.

                       Contingent Expenses of the Senate

                          inquiries and investigations

        For expenses of inquiries and investigations ordered by the Senate,
    or conducted under paragraph 1 of rule XXVI of the 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, $133,265,000, of which
    $13,350,000 shall remain available until September 30, 2023.

             u.s. senate caucus on international narcotics control

        For expenses of the United States Senate Caucus on International
    Narcotics Control, $508,000.

                            secretary of the senate

        For expenses of the Office of the Secretary of the Senate,
    $9,536,000 of which $6,436,000 shall remain available until September
    30, 2025 and of which $3,100,000 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, $139,221,200, which shall remain available until
    September 30, 2025:  Provided, That of the amounts made available under
    this heading, $4,740,000, to remain available until expended, shall be
    for the Joint Audible Warning System.

                              miscellaneous items

        For miscellaneous items, $24,877,100 which shall remain available
    until September 30, 2023.

            senators' official personnel and office expense account

        For Senators' Official Personnel and Office Expense Account,
    $461,000,000 of which $20,128,950 shall remain available until
    September 30, 2023 and of which $6,000,000 shall be allocated 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

                        (Including Rescission of Funds)

    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).

                                   rescission

        Sec. 102.  Of the unobligated balances made available under the
    heading ``Senate--Contingent Expenses of the Senate--Settlements and
    Awards Reserve'' in the Legislative Branch Appropriations Act, 1996
    (Public Law 104-53), $1,000,000 are hereby permanently rescinded.

                             extension of authority

        Sec. 103.  Section 21(d) of Senate Resolution 64 of the One Hundred
    Thirteenth Congress, 1st session (agreed to on March 5, 2013), as most
    recently amended by section 103 of the Legislative Branch
    Appropriations Act, 2019 (division B of Public Law 115-244), is further
    amended by striking ``December 31, 2020'' and inserting ``December 31,
    2022''.

          senate democratic leadership offices funding and authorities

        Sec. 104. (a) In this section--
                (1) the term ``applicable conference'' means the majority
            or minority conference of the Senate, as applicable, that
            represents the Democratic party;
                (2) the term ``covered Congress'' means the 117th Congress;
            and
                (3) the term ``covered period'' means the period beginning
            on the date on which the Secretary of the applicable conference
            submits the letter described in subsection (b) and ending on
            January 3, 2023.
        (b) The Secretary of the applicable conference may, by submission
    of a letter to the Disbursing Office of the Senate on or after January
    3, 2021, assign to the Assistant Leader of the applicable conference
    the following duties and authorities for the duration of the covered
    Congress:
                (1) The authority over any amounts made available for the
            Office of the Secretary of the applicable conference.
                (2) The duties and authorities of the Secretary of the
            applicable conference under section 3 of title I of division H
            of the Consolidated Appropriations Act, 2008 (2 U.S.C. 6154),
            section 102 of chapter VIII of title I of the Supplemental
            Appropriations Act, 1979 (2 U.S.C. 6156), or any other
            provision of law.
        (c) For purposes of any individual employed by the Office of the
    Assistant Leader of the applicable conference during the covered
    period--
                (1) any reference to the Office of the Secretary of the
            applicable conference in the last sentence of section 506(e) of
            the Supplemental Appropriations Act, 1973 (2 U.S.C. 6314(e))
            shall be deemed to refer to the Office of the Assistant Leader
            of the applicable conference;
                (2) any reference to the Office of the Secretary of the
            applicable conference under subsection (b) of the first section
            of S. Res. 458 (98th Congress) shall be deemed to refer to the
            Office of the Assistant Leader of the applicable conference;
            and
                (3) any reference to the Secretary of the applicable
            conference under section 207(e)(9)(M) of title 18, United
            States Code, shall be deemed to refer to the Assistant Leader
            of the applicable conference.
        (d) For purposes of any individual employed by the Office of the
    Assistant Leader of the applicable conference during the covered period
    and with respect to any practice that occurs during the covered period,
    any reference to the Office of the Secretary of the applicable
    conference under section 220(e)(2)(C) of the Congressional
    Accountability Act of 1995 (2 U.S.C. 1351(e)(2)(C)) shall be deemed to
    be a reference to the Office of the Assistant Leader of the applicable
    conference.
        (e) Nothing in this section shall be construed to have any effect
    on the continuation of any procedure or action initiated under the
    Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) or
    section 207 of title 18, United States Code.

                          student loan cap adjustment

        Sec. 105. (a) Section 102 of the Legislative Branch Appropriations
    Act, 2002 (2 U.S.C. 4579) is amended--
                (1) in subsection (c)(2)(A)--
                        (A) in clause (i), by striking `` $500'' and
                    inserting `` $833''; and
                        (B) in clause (ii), by striking `` $40,000'' and
                    inserting `` $80,000''; and
                (2) in subsection (h)(1), by striking ``2 percent'' each
            place it appears and inserting ``2.5 percent''.
        (b) The amendments made by subsection (a) shall take effect on
    March 1, 2021.

                            HOUSE OF REPRESENTATIVES

                             Salaries and Expenses

        For salaries and expenses of the House of Representatives,
    $1,480,819,000, as follows:

                            House Leadership Offices

        For salaries and expenses, as authorized by law, $28,884,000,
    including: Office of the Speaker, $8,295,000, including $25,000 for
    official expenses of the Speaker; Office of the Majority Floor Leader,
    $2,947,000, including $10,000 for official expenses of the Majority
    Leader; Office of the Minority Floor Leader, $8,295,000, including
    $10,000 for official expenses of the Minority Leader; Office of the
    Majority Whip, including the Chief Deputy Majority Whip, $2,448,000,
    including $5,000 for official expenses of the Majority Whip; Office of
    the Minority Whip, including the Chief Deputy Minority Whip,
    $2,219,000, including $5,000 for official expenses of the Minority
    Whip; Republican Conference, $2,340,000; Democratic Caucus, $2,340,000:
     Provided, That such amount for salaries and expenses shall remain
    available from January 3, 2021 until January 2, 2022.

                      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, $640,000,000.

            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, $11,025,000, to remain available through January 2,
    2022:  Provided, That notwithstanding section 120(b) of such Act, an
    office of a Member of the House of Representatives may use not more
    than $25,000 of the allowance available under this heading during
    calendar year 2021.

       Allowance for Compensation of Interns in House Leadership Offices

        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, $365,000, to remain
    available through January 2, 2022:  Provided, That of the amount
    provided under this heading, $200,000 shall be available for the
    compensation of interns who serve in House leadership offices of the
    majority, to be allocated among such offices by the Speaker of the
    House of Representatives, and $165,000 shall be available for the
    compensation of interns who serve in House leadership offices of the
    minority, to be allocated among such offices by the Minority Floor
    Leader.

                              Committee Employees

                    Standing Committees, Special and Select

        For salaries and expenses of standing committees, special and
    select, authorized by House resolutions, $138,100,000:  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,
    $24,725,000, 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.

                        Salaries, Officers and Employees

        For compensation and expenses of officers and employees, as
    authorized by law, $260,781,000, 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, $31,975,000, of which $4,000,000 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, $23,260,000, of which
    $11,000,000 shall remain available until expended; for salaries and
    expenses of the Office of the Chief Administrative Officer including
    not more than $3,000 for official representation and reception
    expenses, $177,200,000, of which $26,000,000 shall remain available
    until expended; for salaries and expenses of the Office of Diversity
    and Inclusion, $1,500,000; for salaries and expenses of the Office of
    the Whistleblower Ombudsman, $1,000,000; for salaries and expenses of
    the Office of the Inspector General, $5,019,000; for salaries and
    expenses of the Office of General Counsel, $1,815,000; 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,
    $2,088,000; for salaries and expenses of the Office of the Law Revision
    Counsel of the House, $3,469,000; for salaries and expenses of the
    Office of the Legislative Counsel of the House, $11,937,000; for
    salaries and expenses of the Office of Interparliamentary Affairs,
    $934,000; for other authorized employees, $584,000.

                            Allowances and Expenses

        For allowances and expenses as authorized by House resolution or
    law, $374,939,000, 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, $335,000,000, to remain available until March 31,
    2022; salaries and expenses for Business Continuity and Disaster
    Recovery, $18,508,000, of which $6,000,000 shall remain available until
    expended; transition activities for new members and staff, $13,000,000,
    to remain available until expended; Wounded Warrior Program and the
    Congressional Gold Star Family Fellowship Program, $3,975,000, to
    remain available until expended; Office of Congressional Ethics,
    $1,711,000; 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, $1,000,000.

           House of Representatives Modernization Initiatives Account

                         (including transfer of funds)

        For the House of Representatives Modernization Initiatives Account
    established in section 115, $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.

                           Administrative Provisions

    requiring amounts remaining in members' representational allowances to
          be used for deficit reduction or to reduce the federal debt

        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 2021. Any amount remaining after all
    payments are made under such allowances for fiscal year 2021 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.

                              rescissions of funds

        Sec. 113. (a) Of the unobligated balances available from prior
    appropriations Acts from the revolving fund established under House
    Resolution 64, Ninety Eighth Congress, agreed to February 8, 1983, as
    enacted into permanent law by section 110 of the Congressional
    Operations Appropriation Act, 1984 (2 U.S.C. 4917), $212,976 is hereby
    rescinded.
        (b) Of the unobligated balances available from prior appropriations
    Acts from the revolving fund established in the item relating to
    ``Stationery'' under the heading ``House of Representatives, Contingent
    Expenses of the House'' in the first section of the Legislative Branch
    Appropriation Act, 1948 (2 U.S.C. 5534), $1,000,000 is hereby
    rescinded.
        (c) Of the unobligated balances available from prior appropriations
    Acts from the Net Expenses of Telecommunications Revolving Fund under
    section 102 of the Legislative Branch Appropriations Act, 2005 (2
    U.S.C. 5538), $3,000,000 is hereby rescinded.

                          student loan cap adjustment

        Sec. 114. (a) Increase in Lifetime Limit.--Section 105 of the
    Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536) is
    amended--
                (1) by redesignating subsections (b) and (c) as subsections
            (c) and (d); and
                (2) by inserting after subsection (a) the following new
            subsection:
        ``(b) Lifetime Limit on Aggregate Payments Made on Behalf of Any
    Individual.--The aggregate amount of payments made on behalf of any
    individual under the program under this section by all employing
    offices of the House of Representatives may not exceed $80,000.''.
        (b) Effective Date; Transition.--
                (1) Effective date.--The amendment made by subsection (a)
            shall apply with respect to fiscal year 2021 and each
            succeeding fiscal year.
                (2) Permitting additional payments on behalf of individuals
            whose payments reached prior limit.--In promulgating
            regulations to carry out the amendment made by subsection (a),
            the Committee on House Administration of the House of
            Representatives shall include regulations to permit payments to
            be made under the program under section 105 of the Legislative
            Branch Appropriations Act, 2003 (2 U.S.C. 4536) on behalf of an
            individual who--
                        (A) is an employee of an employing office of the
                    House during fiscal year 2021 or any succeeding fiscal
                    year;
                        (B) prior to fiscal year 2021, had payments made on
                    the individual's behalf under the program under such
                    section; and
                        (C) prior to fiscal year 2021, became ineligible to
                    have payments made on the individual's behalf under the
                    program because the aggregate amount of the payments
                    made on the individual's behalf under the program
                    reached the limit on such aggregate amount which (under
                    regulations promulgated by the Committee) was in effect
                    prior to fiscal year 2021.

           house of representatives modernization initiatives account

        Sec. 115. (a) Establishment.--There is hereby established in the
    Treasury of the United States an account for the House of
    Representatives to be known as the ``House of Representatives
    Modernization Initiatives Account'' (hereafter in this section referred
    to as the ``Account'').
        (b) Use of Funds.--Funds in the Account shall be used by the House
    of Representatives to carry out initiatives to modernize the operations
    of the House, including initiatives to promote administrative
    efficiencies and expand the use of innovative technologies in offices
    of the House.
        (c) Continuing Availability of Funds.--Funds in the Account are
    available without fiscal year limitation.
        (d) Authorizing Transfers of Funds Among Other House Accounts.--
    Section 101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2
    U.S.C. 5507(c)(2)) is amended by striking ``, and `Allowance for
    Compensation of Interns in House Leadership Offices'.'' and inserting
    ```Allowance for Compensation of Interns in House Leadership Offices',
    and `House of Representatives Modernization Initiatives Account'.''.
        (e) Effective Date.--This section and the amendments made by this
    section shall apply with respect to fiscal year 2021 and each
    succeeding fiscal year.

                        congressional mailing standards

        Sec. 116. (a) Short Title.--This section may be cited as the
    ``Communications Outreach Media and Mail Standards Act'' or the ``COMMS
    Act''.
        (b) Renaming House Commission on Congressional Mailing Standards.--
                (1) In general.--Section 5(a) of the Act entitled ``An Act
            to amend title 39, United States Code, to clarify the proper
            use of the franking privilege by Members of Congress, and for
            other purposes'', approved December 18, 1973 (2 U.S.C. 501(a)),
            is amended by striking ``House Commission on Congressional
            Mailing Standards'' and inserting ``House Communications
            Standards Commission''.
                (2) Conforming amendments.--
                        (A) Title 39.--Title 39, United States Code, is
                    amended by striking ``House Commission on Congressional
                    Mailing Standards'' and inserting ``House
                    Communications Standards Commission'' each place it
                    appears in the following sections:
                                (i) Section 3210(a)(5), (a)(6)(D), (b)(3),
                            (d)(5), and (d)(6)(A).
                                (ii) Section 3216(e)(1) and (e)(2).
                                (iii) Section 3220(b).
                        (B) Other provisions.--Section 311 of the
                    Legislative Branch Appropriations Act, 1991 (2 U.S.C.
                    503) is amended by striking ``House Commission on
                    Congressional Mailing Standards'' and inserting ``House
                    Communications Standards Commission'' each place it
                    appears in subsections (a)(3), (e)(1)(B), and (f).
                (3) References in other documents.--Any reference in any
            rule, regulation, or other document to the House Commission on
            Congressional Mailing Standards shall be deemed to be a
            reference to the House Communications Standards Commission.
        (c) Authority of Commission Over Official Mass Communications.--
                (1) Authority to provide guidance regarding dissemination
            of mass communications.--
                        (A) In general.--Section 5(d) of the Act entitled
                    ``An Act to amend title 39, United States Code, to
                    clarify the proper use of the franking privilege by
                    Members of Congress, and for other purposes'', approved
                    December 18, 1973 (2 U.S.C. 501(d)), is amended--
                                (i) in the first sentence, by striking
                            ``The Commission'' and inserting ``(1) The
                            Commission''; and
                                (ii) by adding at the end the following new
                            paragraph:
                ``(2) In addition to the guidance, assistance, advice, and
            counsel described in paragraph (1), the Commission shall
            provide--
                        ``(A) guidance, assistance, advice, and counsel,
                    through advisory opinions or consultations, in
                    connection with any law and with any rule or regulation
                    of the House of Representatives governing the
                    dissemination of mass communications other than franked
                    mail; and
                        ``(B) guidance, assistance, advice, and counsel in
                    connection with any law and with any rule or regulation
                    of the House of Representatives governing the official
                    content of other official communications of any
                    quantity, whether solicited or unsolicited.''.
                        (B) Authority to investigate complaints.--Section
                    5(e) of such Act (2 U.S.C. 501(e)) is amended--
                                (i) in the first sentence, by striking
                            ``Any complaint'' and all that follows through
                            ``is about to occur'' and inserting the
                            following: ``Any complaint that a violation of
                            any provision of law or any rule or regulation
                            of the House of Representatives to which
                            subsection (d) applies is about to occur''; and
                                (ii) in the sentence beginning with
                            ``Notwithstanding any other provision of law'',
                            by striking ``a violation of the franking laws
                            or an abuse of the franking privilege by any
                            person listed under subsection (d) of this
                            section as entitled to send mail as franked
                            mail,'' and inserting ``a violation of any
                            provision of law or any rule or regulation of
                            the House of Representatives to which
                            subsection (d) applies,''.
                        (C) Mass communication defined.--Section 5 of such
                    Act (2 U.S.C. 501) is amended by adding at the end the
                    following new subsection:
        ``(h) In this section, the term `mass communication' means a mass
    mailing described in section 3210(a)(6)(E) of title 39, United States
    Code, or any other unsolicited communication of substantially identical
    content which is transmitted to 500 or more persons in a session of
    Congress, as provided under regulations of the Commission, except that
    such term does not include--
                ``(1) any communication from an individual described in
            subsection (d) to another individual described in subsection
            (d), a Senator, or any Federal, State, local, or Tribal
            government official;
                ``(2) any news release to the communications media;
                ``(3) any such mass mailing or unsolicited communication
            made in direct response to a communication from a person to
            whom the mass mailing or unsolicited communication was
            transmitted; or
                ``(4) in the case of any such unsolicited communication
            which is transmitted in a digital format, a communication for
            which the cost of the content is less than a threshold amount
            established under regulations of the House Communications
            Standards Commission.''.
                (2) Authority to review all unsolicited mass
            communications.--
                        (A) Requiring review before dissemination.--Section
                    311(f) of the Legislative Branch Appropriations Act,
                    1991 (2 U.S.C. 503(f)) is amended--
                                (i) by striking ``any mass mailing'' and
                            inserting ``any mass communication'';
                                (ii) by striking ``mail matter'' and
                            inserting ``matter''; and
                                (iii) by striking ``such proposed mailing''
                            and inserting ``such proposed communication''.
                        (B) Exception for certain communications.--Section
                    311(f) of such Act (2 U.S.C. 503(f)) is amended--
                                (i) by striking ``A Member'' and inserting
                            ``(1) Except as provided in paragraph (2), a
                            Member''; and
                                (ii) by adding at the end the following new
                            paragraph:
        ``(2) Paragraph (1) does not apply in the case of any type of mass
    communication which is designated as exempt from the requirements of
    such paragraph as provided under regulations of the House
    Communications Standards Commission.''.
                        (C) Definition.--Section 311(g) of such Act (2
                    U.S.C. 503(g)) is amended--
                                (i) by striking ``and'' at the end of
                            paragraph (1);
                                (ii) by striking the period at the end of
                            paragraph (2) and inserting ``; and''; and
                                (iii) by adding at the end the following
                            new paragraph:
                ``(3) the term `mass communication' means a mass mailing
            described in section 3210(a)(6)(E) of title 39, United States
            Code, or any other unsolicited communication of substantially
            identical content which is transmitted to 500 or more persons
            in a session of Congress, as provided under regulations of the
            House Communications Standards Commission, except that such
            term does not include--
                        ``(A) any communication from a Member of the House
                    of Representatives to another Member of the House of
                    Representatives, a Senator, or any Federal, State, or
                    local government official;
                        ``(B) any news release to the communications media;
                        ``(C) any such mass mailing or unsolicited
                    communication made in direct response to a
                    communication from a person to whom the mass mailing or
                    unsolicited communication was transmitted; or
                        ``(D) in the case of any such unsolicited
                    communication which is transmitted in a digital format,
                    a communication for which the cost of the content is
                    less than a threshold amount established under
                    regulations of the House Communications Standards
                    Commission.''.
                (3) Conforming amendment to rules of the house of
            representatives.--Clause 9 of rule XXIV of the Rules of the
            House of Representatives is amended by inserting after ``that
            session,'' the following: ``or any other unsolicited
            communication of substantially identical content which is
            transmitted to 500 or more persons in that session or, in the
            case of a digital communication of substantially identical
            content, which is disseminated at a cost exceeding a designated
            amount, as provided under regulations of the House
            Communications Standards Commission,''.
        (d) Revision to Mass Mailing Notice on Taxpayer Funding.--Section
    311(a) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C.
    506(a)) is amended--
                (1) by striking ``(a) Each mass mailing'' and inserting
            ``(a)(1) Each mass mailing'';
                (2) by striking ``the following notice:'' and all that
            follows through ``or a notice'' and inserting ``one of the
            notices described in paragraph (2) or a notice''; and
                (3) by adding at the end the following new paragraph:
        ``(2) The notices described in this paragraph are as follows:
                ``(A) `Paid for with official funds from the office of
            _____.', with the blank filled in with the name of the Member
            sending the mailing.
                ``(B) `Paid for by the funds authorized by the House of
            Representatives for District __ of _____.', with the first
            blank filled in with the name of the congressional district
            number, and the second blank filled in with the name of the
            State, of the Member sending the mailing.
                ``(C) `Paid for by official funds authorized by the House
            of Representatives.'''.
        (e) Revisions to Restrictions on Mail Matter Considered
    Frankable.--
                (1) Expressions of congratulations.--Section 3210(a)(3)(F)
            of title 39, United States Code, is amended by striking ``to a
            person who has achieved some public distinction''.
                (2) Biographical information related to official and
            representational duties.--Section 3210(a)(3)(I) of such title
            is amended by striking ``publication or in response to a
            specific request therefor'' and inserting the following:
            ``publication, in response to a specific request therefor, or
            which relates to the Member's or Member-elect's official and
            representational duties,''.
                (3) Photos and likenesses included in newsletters or
            general mass mailings.--Section 3210(a)(3) of such title is
            amended--
                        (A) by adding ``or'' at the end of subparagraph
                    (H);
                        (B) in subparagraph (I), by striking ``; or'' and
                    inserting a period; and
                        (C) by striking subparagraph (J).
                (4) Clarification of ability of members to use franked mail
            to send personal messages to constituents.--Section 3210(a)(4)
            of such title is amended by striking the period at the end and
            inserting the following: ``, except that nothing in this
            paragraph may be construed to prohibit the use of the franking
            privilege for the transmission of matter which is purely
            personal to a recipient who is a constituent of a Member of
            Congress and which is related to the official business,
            activities, and duties of the Member.''.
                (5) Uniform blackout period for all members of congress.--
                        (A) Uniform period.--Section 3210(a)(6)(A) of such
                    title is amended--
                                (i) in clause (i), by striking ``(or, in
                            the case of a Member of the House, fewer than
                            90 days)''; and
                                (ii) in clause (ii)(II), by striking ``90
                            days'' and inserting ``60 days''.
                        (B) Effective date.--The amendments made by
                    paragraph (1) shall apply with respect to the regularly
                    scheduled general election for Federal office held in
                    November 2020 and each succeeding election for public
                    office.
                (6) Information on certain matters.--Section 3210(a)(6)(E)
            of such title is amended--
                        (A) by striking ``or'' at the end of clause (ii);
                        (B) by striking the period at the end of clause
                    (iii) and inserting ``; or''; and
                        (C) by adding at the end the following new clause:
                ``(iv) providing information exclusively on competitions
            which are officially sanctioned by the House of Representatives
            or Senate, nominations to military service academies, official
            employment listings for positions in the House of
            Representatives (including listings for positions in the
            Wounded Warrior Program or the Gold Star Family Fellowship
            Program), or natural disasters or other threats to public
            health and life safety.''.
        (f) Effective Date.--Except as provided in subsection (e)(5)(B),
    this section and the amendments made by this section shall apply with
    respect to communications disseminated on or after the date of the
    enactment of this Act.

    authorizing use of members' representational allowance for expenses of
                                 members-elect

        Sec. 117. (a) Authorization.--Section 101(a) of the House of
    Representatives Administrative Reform Technical Corrections Act (2
    U.S.C. 5341(a)) is amended--
                (1) by striking ``a Member'' and inserting ``a Member or
            Member-elect''; and
                (2) by striking ``the Member'' and inserting ``the Member
            or Member-elect''.
        (b) Regulations.--Section 101(d) of such Act (2 U.S.C. 5341(d)) is
    amended by striking the period at the end and inserting the following:
    ``, including regulations establishing under subsection (a) the
    official and representational duties during a Congress of a Member-
    elect of the House of Representatives who is not an incumbent Member
    re-elected to the ensuing Congress.''.
        (c) Effective Date.--The amendments made by this section shall
    apply with respect to Members-elect of the House of Representatives for
    the One Hundred Seventeenth Congress and each succeeding Congress.

                                  JOINT ITEMS

        For Joint Committees, as follows:

                            Joint Economic Committee

        For salaries and expenses of the Joint Economic Committee,
    $4,203,000, to be disbursed by the Secretary of the Senate.

                          Joint Committee on Taxation

        For salaries and expenses of the Joint Committee on Taxation,
    $11,905,000, to be disbursed by the Chief Administrative Officer of the
    House of Representatives.
        For other joint items, as follows:

                       Office 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 $2,175 per month to the Attending
            Physician;
                (2) an allowance of $1,300 per month to the Senior Medical
            Officer;
                (3) an allowance of $725 per month each to three medical
            officers while on duty in the Office of the Attending
            Physician;
                (4) an allowance of $725 per month to 2 assistants and $580
            per month each not to exceed 11 assistants on the basis
            heretofore provided for such assistants; and
                (5) $2,796,000 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,
            $3,869,000, 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, $1,536,000, to be disbursed by the Secretary of
    the Senate.

                                 CAPITOL POLICE

                                    Salaries

        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, $424,397,000 of which overtime
    shall not exceed $50,246,000 unless the Committee on Appropriations of
    the House and Senate are notified, to be disbursed by the Chief of the
    Capitol Police or his 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 Center, 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, $91,144,000, to be
    disbursed by the Chief of the Capitol Police or his designee:
    Provided, That, notwithstanding any other provision of law, the cost of
    basic training for the Capitol Police at the Federal Law Enforcement
    Training Center for fiscal year 2021 shall be paid by the Secretary of
    Homeland Security from funds available to the Department of Homeland
    Security:  Provided further, That of the amounts made available under
    this heading, $3,639,000, to remain available until expended, shall be
    for the Joint Audible Warning System.

                            Administrative Provision

                          student loan cap adjustment

        Sec. 120.  Section 908(c) of the Emergency Supplemental Act, 2002
    (2 U.S.C. 1926(c)), is amended by striking `` $60,000'' and inserting
    `` $80,000''.

                    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 $1,000,000
    shall remain available until September 30, 2022, 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.

                          CONGRESSIONAL BUDGET OFFICE

                             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, $57,292,000:  Provided, That the Director shall use not less
    than $500,000 of the amount made available under this 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, $127,462,000, of which $1,500,000 shall remain available
    until September 30, 2025.

                                Capitol Building

        For all necessary expenses for the maintenance, care and operation
    of the Capitol, $34,719,000, of which $6,099,000 shall remain available
    until September 30, 2025.

                                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, $20,560,000, of which $7,800,000 shall remain
    available until September 30, 2025.

                            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, $89,615,280, of which $22,200,000 shall remain available until
    September 30, 2025.

                             House Office Buildings

                         (including transfer of funds)

        For all necessary expenses for the maintenance, care and operation
    of the House office buildings, $138,780,000, of which $14,540,000 shall
    remain available until September 30, 2025, and of which $62,000,000
    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 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, $97,761,000, of which $13,700,000 shall remain available
    until September 30, 2025:  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 2021.

                         Library Buildings and Grounds

        For all necessary expenses for the mechanical and structural
    maintenance, care and operation of the Library buildings and grounds,
    $83,446,000, of which $51,600,000 shall remain available until
    September 30, 2025.

                 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, $45,993,000, of which
    $15,700,000 shall remain available until September 30, 2025:  Provided,
    That of the amounts made available under this heading, $2,500,000, to
    remain available until expended, shall be for the Joint Audible Warning
    System.

                                 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, $20,986,000, of which $8,300,000 shall
    remain available until September 30, 2025:  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 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, $24,751,000.

                            Administrative Provision

           no bonuses for contractors behind schedule or over budget

        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.

                              LIBRARY OF CONGRESS

                             Salaries 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, $523,654,000, and, in
    addition, amounts credited to this appropriation during fiscal year
    2021 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 of the total amount appropriated, $9,424,000 shall remain
    available until expended for the Teaching with Primary Sources program:
     Provided further, That of the total amount appropriated, $1,384,000
    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, $3,720,000 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:  Provided further, That of the total amount appropriated,
    $4,370,000 shall remain available until September 30, 2025, to complete
    the second of three phases of the shelving replacement in the Law
    Library's collection storage areas:  Provided further, That of the
    total amount appropriated, $2,500,000 shall remain available until
    September 30, 2022, for the phase-out and retirement of the de-
    acidification preservation program.

                                Copyright Office

                             salaries and expenses

        For all necessary expenses of the Copyright Office, $93,416,000, 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 2021 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 $6,778,000
    shall be derived from collections during fiscal year 2021 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
    $44,782,000:  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, 2022:
    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 of salaries and
    benefits for the Copyright Royalty Judges and staff under section
    802(e).

                         Congressional Research Service

                             salaries and expenses

        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, $125,495,000:  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), $59,563,000:  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 Provision

                   reimbursable and revolving fund activities

        Sec. 140. (a) In General.--For fiscal year 2021, the obligational
    authority of the Library of Congress for the activities described in
    subsection (b) may not exceed $252,552,000.
        (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.

                          GOVERNMENT PUBLISHING OFFICE

                            Congressional Publishing

                         (including transfer of funds)

        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, $78,000,000:  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 of Documents

                             salaries and expenses

                         (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, $32,300,000:  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 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.

        Government Publishing Office Business Operations Revolving Fund

        For payment to the Government Publishing Office Business Operations
    Revolving Fund, $6,700,000, 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.

                        GOVERNMENT ACCOUNTABILITY OFFICE

                             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 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, $661,139,000:  Provided, That, in addition,
    $31,342,000 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.

                    OPEN WORLD LEADERSHIP CENTER TRUST FUND

        For a payment to the Open World Leadership Center Trust Fund for
    financing activities of the Open World Leadership Center under section
    313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
    $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.

       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.

                                    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 2021 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.

                                 costs of lbfmc

        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.

                            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 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.

             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--
                (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.

                  prohibition on certain operational expenses

        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

        Sec. 210.  All agencies and offices funded by this division 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.

         joint congressional committee on inaugural ceremonies of 2021

        Sec. 211.  There is hereby appropriated $2,000,000, for the same
    purposes and under the same authorities and conditions as amounts made
    available under the heading ``Joint Items--Joint Congressional
    Committee on Inaugural Ceremonies of 2021'' in division E of the
    Further Consolidated Appropriations Act, 2020 (Public Law 116-94).

                       capitol complex health and safety

        Sec. 212.  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.

            government accountability office supplemental oversight

        Sec. 213.  For an additional amount for ``Salaries and Expenses'',
    $10,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus, which shall be for audits and
    investigations, as authorized by this title:  Provided, That not later
    than 90 days after the date of enactment of this Act, the Government
    Accountability Office shall submit to the Committees on Appropriations
    of the House of Representatives and the Senate a spend plan specifying
    funding estimates and a timeline for such audits and investigations:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.
        This division may be cited as the ``Legislative Branch
    Appropriations Act, 2021''.

       DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2021

                                    TITLE I

                             DEPARTMENT OF DEFENSE

                          Military Construction, Army

        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, $628,900,000, to remain available
    until September 30, 2025:  Provided, That, of this amount, not to
    exceed $147,000,000 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.

                  Military Construction, Navy and 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, $1,716,144,000, to remain available until September 30,
    2025:  Provided, That, of this amount, not to exceed $261,710,000 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.

                        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, $616,156,000, to remain available until September 30, 2025:
    Provided, That, of this amount, not to exceed $212,556,000 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.

                      Military Construction, Defense-Wide

                         (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,
    $2,041,909,000, to remain available until September 30, 2025:
    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 $162,076,000 shall be available for
    study, planning, design, 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.

                   Military Construction, Army National Guard

        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, $349,437,000, to remain available until September
    30, 2025:  Provided, That, of the amount, not to exceed $44,593,000
    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.

                   Military Construction, Air National Guard

        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, $64,214,000, to remain available until September
    30, 2025:  Provided, That, of the amount, not to exceed $3,414,000
    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.

                      Military Construction, Army Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    Army Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $88,337,000, to
    remain available until September 30, 2025:  Provided, That, of the
    amount, not to exceed $1,218,000 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.

                      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, $70,995,000, to remain available until September
    30, 2025:  Provided, That, of the amount, not to exceed $3,485,000
    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.

                    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, $23,117,000, to
    remain available until September 30, 2025:  Provided, That, of the
    amount, not to exceed $3,270,000 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.

                       North Atlantic Treaty Organization

                          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 (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, $173,030,000, 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), $480,447,000, 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, $119,400,000, to remain available
    until September 30, 2025.

                 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, $352,342,000.

               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, $42,897,000, to remain
    available until September 30, 2025.

        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, $346,493,000.

                     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, $97,214,000, to remain available
    until September 30, 2025.

              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, $317,021,000.

             Family Housing Operation and 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, $54,728,000.

                             Department of Defense

                        Family Housing Improvement Fund

        For the Department of Defense Family Housing Improvement Fund,
    $5,897,000, 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, $600,000, 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.

                           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 (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 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.

                         (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 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.

                         (including transfer of funds)

        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.

                         (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, 2025:
                ``Military Construction, Army'', $233,000,000;
                ``Military Construction, Navy and Marine Corps'',
            $73,100,000;
                ``Military Construction, Air Force'', $60,000,000;
                ``Military Construction, Army National Guard'',
            $49,835,000;
                ``Military Construction, Air National Guard'', $29,500,000;
            and
                ``Military Construction, Air Force Reserve'', $25,000,000:
      Provided, That such funds may only be obligated to carry out
    construction projects identified in the respective military
    department's unfunded priority list for fiscal year 2021 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 2021 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.

                             (rescissions of funds)

        Sec. 126.  Of the unobligated balances available to the Department
    of Defense from prior appropriation Acts, the following funds are
    hereby rescinded from the following accounts in the amounts specified:
                ``Military Construction, Navy and Marine Corps'',
            $48,000,000;
                ``Military Construction, Air Force'', $9,975,000;
                ``Military Construction, Defense-Wide'', $29,838,000; and
                ``Department of Defense Base Closure Account'',
            $50,000,000:
      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. 127.  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. 128.  For an additional amount for the accounts and in the
    amounts specified, to remain available until September 30, 2023:
                ``Military Construction, Army'', $48,000,000;
                ``Military Construction, Navy and Marine Corps'',
            $37,700,000;
                ``Military Construction, Air Force'', $75,700,000; and
                ``Family Housing Construction, Army'', $4,500,000:
      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 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. 129.  For an additional amount for the accounts and in the
    amounts specified, to remain available until September 30, 2023:
                ``Family Housing Operation and Maintenance, Army'',
            $20,000,000;
                ``Family Housing Operation and Maintenance, Navy and Marine
            Corps'', $20,000,000; and
                ``Family Housing Operation and Maintenance, Air Force'',
            $20,000,000.
        Sec. 130.  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, Guantanamo Bay, Cuba.
        Sec. 131.  Notwithstanding any other provision of law, none of the
    funds appropriated or otherwise made available by this or any other Act
    may be used to consolidate or relocate any element of a United States
    Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
    Engineer (RED HORSE) outside of the United States until the Secretary
    of the Air Force: (1) completes an analysis and comparison of the cost
    and infrastructure investment required to consolidate or relocate a RED
    HORSE squadron outside of the United States versus within the United
    States; (2) provides to the Committees on Appropriations of both Houses
    of Congress (``the Committees'') a report detailing the findings of the
    cost analysis; and (3) certifies in writing to the Committees that the
    preferred site for the consolidation or relocation yields the greatest
    savings for the Air Force:  Provided, That the term ``United States''
    in this section does not include any territory or possession of the
    United States.
        Sec. 132.  For an additional amount for the accounts and in the
    amounts specified for planning and design, for improving military
    installation resilience, to remain available until September 30, 2025:
                ``Military Construction, Army'', $4,000,000;
                ``Military Construction, Navy and Marine Corps'',
            $7,000,000; and
                ``Military Construction, Air Force'', $4,000,000:
      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 ``Military Construction,
    Navy and Marine Corps'', $32,200,000, to remain available until
    September 30, 2025, for child development center construction:
    Provided, That projects funded using amounts available under this
    section are subject to authorization prior to obligation and
    expenditure of funds to carry out construction:  Provided further, That
    amounts made available under this section may not be obligated or
    expended until the Secretary of the Navy submits to the Committees on
    Appropriations of both Houses of Congress a detailed expenditure plan
    not later than 30 days after enactment of this Act.
        Sec. 134.  Of the unobligated balances available from prior
    appropriations Acts under the heading ``Department of Defense--Military
    Construction, Defense-Wide'', $131,000,000 is hereby rescinded, and in
    addition to amounts otherwise provided for this fiscal year, an amount
    of additional new budget authority equivalent to the amount rescinded
    pursuant to this section is hereby appropriated, to remain available
    until September 30, 2025, and shall be available for the same purposes
    and under the same authorities as provided under such heading:
    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:  Provided further, That projects
    funded using amounts available under this section are subject to
    authorization prior to obligation and expenditure of funds to carry out
    construction:  Provided further, That amounts made available under this
    section may not be obligated or expended until the Secretary of
    Defense, or his or her designee, submits to the Committees on
    Appropriations of both Houses of Congress a detailed expenditure plan
    not later than 30 days after enactment of this Act.

                                    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,
    $6,110,251,552, which shall be in addition to funds previously
    appropriated under this heading that became available on October 1,
    2020, to remain available until expended; and, in addition,
    $130,227,650,000, which shall become available on October 1, 2021, to
    remain available until expended:  Provided, That not to exceed
    $20,115,000 of the amount made available for fiscal year 2022 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:  Provided further, That funds recovered (including refunds
    and reimbursable activity) from fiscal year 2020 obligations and
    disbursements made with funds that became available on October 1, 2019,
    as provided under this heading in title II of division C of Public Law
    115-244, shall be available until expended.

                             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,
    $14,946,618,000, which shall become available on October 1, 2021, 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.

                       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 19 and 21 of
    title 38, United States Code, $2,148,000, which shall be in addition to
    funds previously appropriated under this heading that became available
    on October 1, 2020, to remain available until expended; and, in
    addition, $136,950,000, which shall become available on October 1,
    2021, 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 2021, 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, $204,400,000.

                vocational rehabilitation loans program account

        For the cost of direct loans, $33,826, 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
    $2,469,522.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $424,272, 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, $1,186,000.

          general operating expenses, veterans benefits administration

        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, $3,180,000,000:
    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, 2022.

                         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;
    $497,468,000, which shall be in addition to funds previously
    appropriated under this heading that became available on October 1,
    2020; and, in addition, $58,897,219,000, plus reimbursements, shall
    become available on October 1, 2021, and shall remain available until
    September 30, 2022:  Provided, That, of the amount made available on
    October 1, 2021, under this heading, $1,500,000,000 shall remain
    available until September 30, 2023:  Provided further, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs shall establish a priority for the provision of medical
    treatment for veterans who have service-connected disabilities, lower
    income, or have special needs:  Provided further, That, notwithstanding
    any other provision of law, the Secretary of Veterans Affairs shall
    give priority funding for the provision of basic medical benefits to
    veterans in enrollment priority groups 1 through 6:  Provided further,
    That, notwithstanding any other provision of law, the Secretary of
    Veterans Affairs may authorize the dispensing of prescription drugs
    from Veterans Health Administration facilities to enrolled veterans
    with privately written prescriptions based on requirements established
    by the Secretary:  Provided further, That the implementation of the
    program described in the previous proviso shall incur no additional
    cost to the Department of Veterans Affairs:  Provided further, That the
    Secretary of Veterans Affairs shall ensure that sufficient amounts
    appropriated under this heading for medical supplies and equipment are
    available for the acquisition of prosthetics designed specifically for
    female veterans.

                             medical community care

        For necessary expenses for furnishing health care to individuals
    pursuant to chapter 17 of title 38, United States Code, at non-
    Department facilities, $1,380,800,000, which shall be in addition to
    funds previously appropriated under this heading that became available
    on October 1, 2020; and, in addition, $20,148,244,000, plus
    reimbursements, shall become available on October 1, 2021, and shall
    remain available until September 30, 2022:  Provided, That, of the
    amount made available on October 1, 2021, under this heading,
    $2,000,000,000 shall remain available until September 30, 2023.

                         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.),
    $300,000,000, which shall be in addition to funds previously
    appropriated under this heading that became available on October 1,
    2020; and, in addition, $8,403,117,000, plus reimbursements, shall
    become available on October 1, 2021, and shall remain available until
    September 30, 2022:  Provided, That, of the amount made available on
    October 1, 2021, under this heading, $200,000,000 shall remain
    available until September 30, 2023.

                               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; $150,000,000, which shall be
    in addition to funds previously appropriated under this heading that
    became available on October 1, 2020; and, in addition, $6,734,680,000,
    plus reimbursements, shall become available on October 1, 2021, and
    shall remain available until September 30, 2022:  Provided, That, of
    the amount made available on October 1, 2021, under this heading,
    $350,000,000 shall remain available until September 30, 2023.

                        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, $815,000,000, plus reimbursements, shall
    remain available until September 30, 2022:  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.

                        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, $352,000,000, of which not to exceed 10
    percent shall remain available until September 30, 2022.

                          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, $365,911,000, of which not to exceed 10
    percent shall remain available until September 30, 2022:  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,
    $196,000,000, of which not to exceed 10 percent shall remain available
    until September 30, 2022.

                         information technology systems

                         (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,
    $4,912,000,000, plus reimbursements:  Provided, That $1,211,238,000
    shall be for pay and associated costs, of which not to exceed 3 percent
    shall remain available until September 30, 2022:  Provided further,
    That $3,205,216,000 shall be for operations and maintenance, of which
    not to exceed 5 percent shall remain available until September 30,
    2022:  Provided further, That $495,546,000 shall be for information
    technology systems development, and shall remain available until
    September 30, 2022:  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 $1,000,000 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 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

        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, $2,627,000,000, to remain available until
    September 30, 2023:  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, 2021, and are contingent upon the Secretary of
    Veterans Affairs providing a certification within 7 days prior to that
    date to the Committees on Appropriations of any changes to the
    deployment schedules.

                          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.), $228,000,000, of which
    not to exceed 10 percent shall remain available until September 30,
    2022.

                          construction, major 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, 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, $1,316,000,000, of which
    $980,638,000 shall remain available until September 30, 2025, and of
    which $335,362,000 shall remain available until expended, of which
    $180,198,000 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 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 investment strategy studies
    funded through the advance planning fund and the planning and design
    activities funded through the design fund, including needs assessments
    which may or may not lead to capital investments, 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 2021, for each approved project shall be
    obligated: (1) by the awarding of a construction documents contract by
    September 30, 2021; and (2) by the awarding of a construction contract
    by September 30, 2022:  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.

                          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,
    $390,000,000, to remain available until September 30, 2025, 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 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, $90,000,000, 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, $45,000,000, to remain
    available until expended.

                           Administrative Provisions

                         (including transfer of funds)

        Sec. 201.  Any appropriation for fiscal year 2021 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)

        Sec. 202.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2021, 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 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 2020.
        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''.

                         (including transfer of funds)

        Sec. 208.  Notwithstanding any other provision of law, during
    fiscal year 2021, 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 2021 that are available for dividends in
    that program after claims have been paid and actuarially determined
    reserves have been set aside:  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 2021 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, may be
    obligated during the fiscal year in which the proceeds are received.

                         (including transfer of funds)

        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, the Office of Employment
    Discrimination Complaint Adjudication, and the Office of Diversity and
    Inclusion for all services provided at rates which will recover actual
    costs but not to exceed $60,096,000 for the Office of Resolution
    Management, $6,100,000 for the Office of Employment Discrimination
    Complaint Adjudication, and $5,294,000 for the Office of Diversity and
    Inclusion:  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.

                         (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''.
        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 to 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.

                         (including transfer of funds)

        Sec. 216.  Such sums as may be deposited to 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.

                         (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 2021 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 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)

        Sec. 219.  Of the amounts appropriated to the Department of
    Veterans Affairs for fiscal year 2021 for ``Medical Services'',
    ``Medical Community Care'', ``Medical Support and Compliance'',
    ``Medical Facilities'', ``Construction, Minor Projects'', and
    ``Information Technology Systems'', up to $322,932,000, 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 F
    of Public Law 116-94 is repealed.

                         (including transfer of funds)

        Sec. 220.  Of the amounts appropriated to the Department of
    Veterans Affairs which become available on October 1, 2021, for
    ``Medical Services'', ``Medical Community Care'', ``Medical Support and
    Compliance'', and ``Medical Facilities'', up to $327,126,000, 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.

                         (including transfer of funds)

        Sec. 221.  Such sums as may be deposited to 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 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.

                         (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 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.

                         (including transfer of funds)

        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 2021 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 2021, 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.

                         (including transfer of funds)

        Sec. 230.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2021, 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--
                (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.
                (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 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 2021 and 2022 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 2021 and fiscal year 2022 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 2021 and 2022, 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 of the United States
    Government over which such Inspector General has responsibilities under
    the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
    impede the access of such 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 of such Inspector General.
        (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 covered by this section shall ensure
    compliance with statutory limitations on disclosure relevant to the
    information provided by the department or agency 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 section.
        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.
        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 2021 to convert any program which received specific
    purpose funds in fiscal year 2020 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 2021 and 2022, 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; and
        (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.
        (e) Not later than December 31, 2021, the Secretary shall submit to
    such Committees an updated 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.  None of the funds made available by this Act may be used
    by the Secretary of Veterans Affairs to close the community based
    outpatient clinic located in Bainbridge, New York, until the Secretary
    of Veterans Affairs submits to the Committees on Appropriations of the
    House of Representatives and the Senate a market area assessment.
        Sec. 250.  Amounts made available for the ``Veterans Health
    Administration, Medical Community Care'' account in this or any other
    Act for fiscal years 2021 and 2022 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. 251.  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. 252.  Of the amounts made available for the Department of
    Veterans Affairs for fiscal year 2021, 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, $660,691,000 shall be
    made available for gender-specific care for women.
        Sec. 253 (a) Plan Required.--Not later than 90 days after the date
    of the enactment of this Act, the Secretary of Veterans Affairs shall
    submit to the appropriate committees of Congress a plan to reduce the
    chances that clinical mistakes by employees of the Department of
    Veterans Affairs will result in adverse events that require
    institutional or clinical disclosures and to prevent any unnecessary
    hardship for patients and families impacted by such adverse events.
        (b) Elements.--The plan required by subsection (a) shall include
    the following:
                (1) A description of a process for the timely
            identification of individuals impacted by disclosures described
            in subsection (a) and the process for contacting those
            individuals or their next of kin.
                (2) A description of procedures for expediting any remedial
            or follow-up care required for those individuals.
                (3) A detailed outline of proposed changes to the process
            of the Department for clinical quality checks and oversight.
                (4) A communication plan to ensure all facilities of the
            Department are made aware of any requirements updated pursuant
            to the plan.
                (5) A timeline detailing the implementation of the plan.
                (6) An identification of the senior executive of the
            Department responsible for ensuring compliance with the plan.
                (7) An identification of potential impacts of the plan on
            timely diagnoses for patients.
                (8) An identification of the processes and procedures for
            employees of the Department to make leadership at the facility
            and the Department aware of adverse events that are concerning
            and that result in disclosures and to ensure that the medical
            impact on veterans of such disclosures is minimized.
        (c) Appropriate Committees of Congress Defined.--In this section,
    the term ``appropriate committees of Congress'' means--
                (1) the Committee on Veterans' Affairs and the Subcommittee
            on Military Construction, Veterans Affairs, and Related
            Agencies of the Committee on Appropriations of the Senate; and
                (2) the Committee on Veterans' Affairs and the Subcommittee
            on Military Construction, Veterans Affairs, and Related
            Agencies of the Committee on Appropriations of the House of
            Representatives.

                             (rescissions of funds)

        Sec. 254.  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 Benefits Administration, General Operating
            Expenses, Veterans Benefits Administration'', $16,000,000;
                ``Veterans Health Administration, Medical Services'',
            $100,000,000;
                ``Veterans Health Administration, Medical Support and
            Compliance'', $15,000,000;
                ``Veterans Health Administration, Medical and Prosthetic
            Research'', $20,000,000;
                ``Departmental Administration, General Administration'',
            $12,000,000;
                ``Departmental Administration, Information Technology
            Systems'', $37,500,000;
                ``Departmental Administration, Veterans Electronic Health
            Record'', $20,000,000; and
                ``Departmental Administration, Construction, Minor
            Projects'', $35,700,000:
      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.

                                   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, $84,100,000, 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

                             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, $37,100,000:  Provided, That
    $3,286,509 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.

                          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, $81,815,000, of
    which not to exceed $15,000,000 shall remain available until September
    30, 2023. 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.

                          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, $75,300,000, to remain available until
    September 30, 2022, 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, $22,000,000 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

                        OVERSEAS CONTINGENCY OPERATIONS

                             DEPARTMENT OF DEFENSE

                          Military Construction, Army

        For an additional amount for ``Military Construction, Army'',
    $16,111,000, to remain available until September 30, 2025, for projects
    outside of the United States:  Provided, That such amount is designated
    by the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                  Military Construction, Navy and Marine Corps

        For an additional amount for ``Military Construction, Navy and
    Marine Corps'', $70,020,000, to remain available until September 30,
    2025, for projects outside of the United States:  Provided, That such
    amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Military Construction, Air Force

        For an additional amount for ``Military Construction, Air Force''
    $263,869,000, to remain available until September 30, 2025, for
    projects outside of the United States:  Provided, That such amount is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                            Administrative Provision

        Sec. 401.  None of the funds appropriated for military construction
    projects outside the United States under this title may be obligated or
    expended for planning and design of any project associated with the
    European Deterrence Initiative until the Secretary of Defense develops
    and submits to the congressional defense committees, in a classified
    and unclassified format, a list of all of the military construction
    projects associated with the European Deterrence Initiative which the
    Secretary anticipates will be carried out during each of the fiscal
    years 2022 through 2026.

                                    TITLE V

                               GENERAL PROVISIONS

        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.  None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made 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. 503.  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. 504.  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. 505.  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. 506.  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. 507. (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. 508. (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. 509.  None of the funds made available in this Act may be used
    by an agency of the executive branch to pay for first-class 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. 510.  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.
        Sec. 511.  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. 512. (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, Guantanamo 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, 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. 513.  Title X of division B of the Coronavirus Aid, Relief,
    and Economic Security Act (Public Law 116-136) is amended under the
    heading ``Department of Veterans Affairs--Departmental Administration--
    Grants for Construction of State Extended Care Facilities'' by striking
    ``including to modify or alter existing hospital, nursing home, and
    domiciliary facilities in State homes: Provided,'' and inserting in
    lieu thereof the following: ``which shall be for modifying or altering
    existing hospital, nursing home, and domiciliary facilities in State
    homes or for previously awarded projects, for covering construction
    cost increases due to the coronavirus: Provided, That the Secretary
    shall conduct a new competition or competitions to award grants to
    States using funds provided under this heading in this Act: Provided
    further, That such grants may be made to reimburse States for the costs
    of modifications or alterations that have been initiated or completed
    before an application for a grant under this section is approved by the
    Secretary: Provided further, That such grants may be made to assist
    States with covering increased construction and construction
    administration costs as a result of the coronavirus that will or have
    occurred on previously awarded projects: Provided further, That the use
    of funds provided under this heading in this Act shall not be subject
    to state matching fund requirements, application requirements, cost
    thresholds, priority lists, deadlines, award dates under sections 8134
    and 8135 of title 38, United States Code, and part 59 of chapter I of
    title 38, Code of Federal Regulations, and shall not be subject to
    requirements of section 501(d) of title 38, United States Code:
    Provided further, That the Secretary may establish and adjust rolling
    deadlines for applications for such grants and may issue multiple
    rounds of application periods for the award of such grants under this
    section: Provided further,'':  Provided, That 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
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.
        Sec. 514.  Of the unobligated balances available to the Department
    of Veterans Affairs from title X of division B of the Coronavirus Aid,
    Relief, and Economic Security Act (Public Law 116-136) for ``Veterans
    Health Administration, Medical Services'', funds may be transferred to
    the following accounts in the amounts specified:
                ``General Operating Expenses, Veterans Benefits
            Administration'', up to $140,000,000;
                ``National Cemetery Administration'', up to $26,000,000;
            and
                ``Departmental Administration, Board of Veterans Appeals'',
            up to $1,000,000:
      Provided, That the transferred funds shall be used for personnel
    costs and other expenses to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, including the elimination
    of backlogs that may have occurred:  Provided further, That the
    transferred funds shall be in addition to any other funds made
    available for this purpose:  Provided further, That the transferred
    funds may not be used to increase the number of full-time equivalent
    positions:  Provided further, That the amounts transferred in 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 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
        Sec. 515.  Of the unobligated balances available to the Department
    of Veterans Affairs from title X of division B of the Coronavirus Aid,
    Relief, and Economic Security Act (Public Law 116-136) for ``Veterans
    Health Administration, Medical Services'', funds may be transferred to
    the following accounts in the amounts specified:
                ``General Operating Expenses, Veterans Benefits
            Administration'', up to $198,000,000; and
                ``Departmental Administration, Information Technology
            Systems'', up to $45,000,000:
      Provided, That the transferred funds shall be used to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, to improve the Veterans Benefits Administration's
    education systems, including implementation of changes to chapters 30
    through 36 of part III of title 38, United States Code in the Harry W.
    Colmery Veterans Educational Assistance Act of 2017 (Public Law 115-
    48), in a bill to authorize the Secretary of Veterans Affairs to treat
    certain programs of education converted to distance learning by reason
    of emergencies and health-related situations in the same manner as
    programs of education pursued at educational institutions, and for
    other purposes (Public Law 116-128), and in the Student Veteran
    Coronavirus Response Act of 2020 (Public Law 116-140):  Provided
    further, That funds transferred to ``Departmental Administration,
    Information Technology Systems'' pursuant to this section shall be
    transferred to the information technology systems development
    subaccount:  Provided further, That the transferred funds shall be in
    addition to any other funds made available for this purpose:  Provided
    further, That the amounts transferred in 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 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.
        Sec. 516.  Section 20013(b) of the Coronavirus Aid, Relief, and
    Economic Security Act (Public Law 116-136) is amended--
                (1) by redesignating paragraphs (1) and (2) as
            subparagraphs (A) and (B), respectively;
                (2) in the matter preceding subparagraph (A), as so
            redesignated, by inserting ``(1)'' before ``In the case''; and
                (3) by adding at the end the following: ``(2) If the
            Secretary waives any limit on grant amounts or rates for per
            diem payments under paragraph (1), notwithstanding section
            2012(a)(2)(B) of such title, the maximum rate for per diem
            payments described in paragraph (1)(B) shall be three times the
            rate authorized for State homes for domiciliary care under
            section 1741 of such title.'':
      Provided, That 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 being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
        Sec. 517.  Of the unobligated balances available to the Department
    of Veterans Affairs from title X of division B of the Coronavirus Aid,
    Relief, and Economic Security Act (Public Law 116-136) for ``Veterans
    Health Administration, Medical Services'', up to $100,000,000 may be
    transferred to ``Veterans Health Administration, Medical Community
    Care'':  Provided, That funds transferred pursuant to this section
    shall be used to provide a one-time emergency payment to existing State
    Extended Care Facilities for Veterans to prevent, prepare for, and
    respond to coronavirus:  Provided further, That such payments shall be
    in proportion to each State's share of the total resident capacity in
    such facilities as of the date of enactment of this Act where such
    capacity includes only veterans on whose behalf the Department pays a
    per diem payment pursuant to 38 U.S.C. 1741 or 1745:  Provided further,
    That the amounts transferred in 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 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.
        This division may be cited as the ``Military Construction, Veterans
    Affairs, and Related Agencies Appropriations Act, 2021''.

       DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
                       PROGRAMS APPROPRIATIONS ACT, 2021

                                    TITLE I

                     DEPARTMENT OF STATE AND RELATED AGENCY

                              Department of State

                       Administration of Foreign Affairs

                              diplomatic programs

        For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, $9,170,013,000, of which
    $757,367,000 may remain available until September 30, 2022, and of
    which up to $4,120,899,000 may remain available until expended for
    Worldwide Security Protection:  Provided, That of the amount made
    available under this heading for Worldwide Security Protection,
    $2,226,122,000 is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985:
    Provided further, 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),
            $2,990,820,000, of which up to $534,782,000 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, $1,808,415,000.
                (3) Diplomatic policy and support.--For necessary expenses
            for the functional bureaus of the Department of State,
            including representation to certain international organizations
            in which the United States participates pursuant to treaties
            ratified pursuant to the advice and consent of the Senate or
            specific Acts of Congress, general administration, and arms
            control, nonproliferation, and disarmament activities as
            authorized, $763,428,000.
                (4) Security programs.--For necessary expenses for security
            activities, $3,607,350,000, of which up to $3,586,117,000 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.

                            capital investment fund

        For necessary expenses of the Capital Investment Fund, as
    authorized, $250,000,000, to remain available until expended.

                          office of inspector general

        For necessary expenses of the Office of Inspector General,
    $90,829,000, of which $13,624,000 may remain available until September
    30, 2022:  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, $54,900,000, to
    remain available until September 30, 2022, which is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985:  Provided, That funds
    appropriated under this heading that are made available for the
    printing and reproduction costs of SIGAR shall not exceed amounts for
    such costs during the prior fiscal year.

                   educational and cultural exchange programs

        For necessary expenses of educational and cultural exchange
    programs, as authorized, $740,300,000, to remain available until
    expended, of which not less than $274,000,000 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.

                  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, 2022.

                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, $769,055,000, to remain
    available until September 30, 2025, 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, $1,181,394,000, to remain
    available until expended, of which $824,287,000 is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

               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, $2,500,000, 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
    $6,311,992.

                  payment to the american institute in taiwan

        For necessary expenses to carry out the Taiwan Relations Act
    (Public Law 96-8), $31,963,000.

             international center, washington, district of columbia

        Not to exceed $1,806,600 shall be derived from fees collected from
    other executive agencies for lease or use of facilities at the
    International Center in accordance with section 4 of the International
    Center Act (Public Law 90-553), and, in addition, as authorized by
    section 5 of such Act, $2,743,000, to be derived from the reserve
    authorized by such section, to be used for the purposes set out in that
    section.

         payment to the foreign service retirement and disability fund

        For payment to the Foreign Service Retirement and Disability Fund,
    as authorized, $158,900,000.

                          International Organizations

                  contributions to international organizations

        For necessary expenses, not otherwise provided for, to meet annual
    obligations of membership in international multilateral organizations,
    pursuant to treaties ratified pursuant to the advice and consent of the
    Senate, conventions, or specific Acts of Congress, $1,505,928,000, of
    which $96,240,000, to remain available until September 30, 2022, is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985:  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.

            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, $1,456,314,000, of
    which $705,994,000 is designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985:  Provided, That of the funds made available under this
    heading, up to $818,542,000 may remain available until September 30,
    2022:  Provided further, That none of the funds made available by this
    Act shall be obligated or expended for any new or expanded United
    Nations peacekeeping mission unless, at least 15 days in advance of
    voting for such mission in the United Nations Security Council (or in
    an emergency as far in advance as is practicable), the Committees on
    Appropriations are notified of: (1) the estimated cost and duration of
    the mission, the objectives of the mission, the national interest that
    will be served, and the exit strategy; and (2) the sources of funds,
    including any reprogrammings or transfers, that will be used to pay the
    cost of the new or expanded mission, and the estimated cost in future
    fiscal years:  Provided further, That none of the funds appropriated
    under this heading may be made available for obligation unless the
    Secretary of State certifies and reports to the Committees on
    Appropriations on a peacekeeping mission-by-mission basis that the
    United Nations is implementing effective policies and procedures to
    prevent United Nations employees, contractor personnel, and
    peacekeeping troops serving in such mission from trafficking in
    persons, exploiting victims of trafficking, or committing acts of
    sexual exploitation and abuse or other violations of human rights, and
    to hold accountable individuals who engage in such acts while
    participating in such mission, including prosecution in their home
    countries and making information about such prosecutions publicly
    available on the website of the United Nations:  Provided further, That
    the Secretary of State shall work with the United Nations and foreign
    governments contributing peacekeeping troops to implement effective
    vetting procedures to ensure that such troops have not violated human
    rights:  Provided further, That funds shall be available for
    peacekeeping expenses unless the Secretary of State determines that
    United States manufacturers and suppliers are not being given
    opportunities to provide equipment, services, and material for United
    Nations peacekeeping activities equal to those being given to foreign
    manufacturers and suppliers:  Provided further, That none of the funds
    appropriated or otherwise made available under this heading may be used
    for any United Nations peacekeeping mission that will involve United
    States Armed Forces under the command or operational control of a
    foreign national, unless the President's military advisors have
    submitted to the President a recommendation that such involvement is in
    the national interest of the United States and the President has
    submitted to Congress such a recommendation:  Provided further, That
    any payment of arrearages with funds appropriated by this Act shall be
    subject to the regular notification procedures of the Committees on
    Appropriations.

                           International Commissions

        For necessary expenses, not otherwise provided for, to meet
    obligations of the United States arising under treaties, or specific
    Acts of Congress, as follows:

     international boundary and water commission, united states and mexico

        For necessary expenses for the United States Section of the
    International Boundary and Water Commission, United States and Mexico,
    and to comply with laws applicable to the United States Section,
    including not to exceed $6,000 for representation expenses; as follows:

                             salaries and expenses

        For salaries and expenses, not otherwise provided for, $49,770,000,
    of which $7,466,000 may remain available until September 30, 2022.

                                  construction

        For detailed plan preparation and construction of authorized
    projects, $49,000,000, 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 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, 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, 2022, and up to
    $9,000 may be made available for representation expenses:  Provided
    further, That of the amount provided under this heading for the
    International Boundary Commission, up to $1,000 may be made available
    for representation expenses.

                      international fisheries commissions

        For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $62,846,000:  Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to section 3324 of title 31, United
    States Code.

                                 RELATED AGENCY

                     United States Agency for Global Media

                     international broadcasting operations

        For necessary expenses to enable the United States Agency for
    Global Media (USAGM), as authorized, to carry out international
    communication activities, and to make and supervise grants for radio,
    Internet, and television broadcasting to the Middle East, $793,257,000:
     Provided, That in addition to amounts otherwise available for such
    purposes, up to $40,708,000 of the amount appropriated under this
    heading may remain available until expended for satellite transmissions
    and Internet freedom programs, of which not less than $20,000,000 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 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 $7,000,000 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.

                       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

                              The Asia Foundation

        For a grant to The Asia Foundation, as authorized by The Asia
    Foundation Act (22 U.S.C. 4402), $20,000,000, to remain available until
    expended:  Provided, That funds appropriated under this heading shall
    be apportioned and obligated to the Foundation not later than 60 days
    after enactment of this Act.

                        United States Institute of Peace

        For necessary expenses of the United States Institute of Peace, as
    authorized by the United States Institute of Peace Act (22 U.S.C. 4601
    et seq.), $45,000,000, to remain available until September 30, 2022,
    which shall not be used for construction activities.

             Center for Middle Eastern-Western Dialogue Trust Fund

        For necessary expenses of the Center for Middle Eastern-Western
    Dialogue Trust Fund, as authorized by section 633 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
    interest and earnings accruing to such Fund on or before September 30,
    2021, to remain available until expended.

                     Eisenhower Exchange Fellowship Program

        For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2021, 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, 2021, 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:  Provided, That funds appropriated under this heading
    shall be apportioned and obligated to the Center not later than 60 days
    after enactment of this Act.

                        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), $300,000,000, 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 7061(a) of this Act shall not apply to funds
    made available under this heading:  Provided further, That funds
    appropriated under this heading shall be apportioned and obligated to
    the Endowment not later than 60 days after enactment of this Act.

                               OTHER COMMISSIONS

          Commission for the Preservation of America's Heritage Abroad

                             salaries and expenses

        For necessary expenses for the Commission for the Preservation of
    America's Heritage Abroad, $642,000, as authorized by chapter 3123 of
    title 54, United States Code:  Provided, That the Commission may
    procure temporary, intermittent, and other services notwithstanding
    paragraph (3) of section 312304(b) of such chapter:  Provided further,
    That such authority shall terminate on October 1, 2021:  Provided
    further, That the Commission shall notify the Committees on
    Appropriations prior to exercising such authority.

          United States Commission on International Religious Freedom

                             salaries and expenses

        For necessary expenses for the United States Commission on
    International Religious Freedom, as authorized by title II of the
    International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
    $4,500,000, to remain available until September 30, 2022, including not
    more than $4,000 for representation expenses.

                Commission on Security and Cooperation in Europe

                             salaries and expenses

        For necessary expenses of the Commission on Security and
    Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
    3001 et seq.), $2,908,000, including not more than $4,000 for
    representation expenses, to remain available until September 30, 2022.

      Congressional-executive Commission on the People's Republic of China

                             salaries and expenses

        For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized by title III of the U.S.-
    China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000,
    including not more than $3,000 for representation expenses, to remain
    available until September 30, 2022.

          United States-China Economic and Security Review Commission

                             salaries and expenses

        For necessary expenses of the United States-China Economic and
    Security Review Commission, as authorized by section 1238 of the Floyd
    D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
    U.S.C. 7002), $4,000,000, including not more than $4,000 for
    representation expenses, to remain available until September 30, 2022:
    Provided, That the authorities, requirements, limitations, and
    conditions contained in the second through sixth provisos under this
    heading in the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2010 (division F of Public Law 111-117)
    shall continue in effect during fiscal year 2021 and shall apply to
    funds appropriated under this heading.

                                    TITLE II

               UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                      Funds Appropriated to the President

                               operating expenses

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $1,377,747,000, of which up to
    $206,662,000 may remain available until September 30, 2022:  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:  Provided further, That the USAID Administrator
    shall submit a report to the Committees on Appropriations not later
    than 60 days after enactment of this Act on changes to the account
    structure as described in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).

                            capital investment fund

        For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section 667 of the Foreign
    Assistance Act of 1961, $258,200,000, to remain available until
    expended:  Provided, That this amount is in addition to funds otherwise
    available for such purposes:  Provided further, That funds appropriated
    under this heading shall be available subject to the regular
    notification procedures of the Committees on Appropriations.

                          office of inspector general

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $75,500,000, of which up to
    $11,325,000 may remain available until September 30, 2022, 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:

                             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, $3,265,950,000, to remain available until September 30, 2022,
    and which shall be apportioned directly to the United States Agency for
    International Development not later than 60 days after enactment of
    this Act:  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 a United States contribution to The GAVI Alliance:
    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 involuntary
    sterilization:  Provided further, That any determination made under the
    previous proviso must be made not later than 6 months after the date of
    enactment of this Act, and must be accompanied by the evidence and
    criteria utilized to make the determination:  Provided further, That
    none of the funds made available under this Act may be used to pay for
    the performance of abortion as a method of family planning or to
    motivate or coerce any person to practice abortions:  Provided further,
    That nothing in this paragraph shall be construed to alter any existing
    statutory prohibitions against abortion under section 104 of the
    Foreign Assistance Act of 1961:  Provided further, That none of the
    funds made available under this Act may be used to lobby for or against
    abortion:  Provided further, That in order to reduce reliance on
    abortion in developing nations, funds shall be available only to
    voluntary family planning projects which offer, either directly or
    through referral to, or information about access to, a broad range of
    family planning methods and services, and that any such voluntary
    family planning project shall meet the following requirements: (1)
    service providers or referral agents in the project shall not implement
    or be subject to quotas, or other numerical targets, of total number of
    births, number of family planning acceptors, or acceptors of a
    particular method of family planning (this provision shall not be
    construed to include the use of quantitative estimates or indicators
    for budgeting and planning purposes); (2) the project shall not include
    payment of incentives, bribes, gratuities, or financial reward to: (A)
    an individual in exchange for becoming a family planning acceptor; or
    (B) program personnel for achieving a numerical target or quota of
    total number of births, number of family planning acceptors, or
    acceptors of a particular method of family planning; (3) the project
    shall not deny any right or benefit, including the right of access to
    participate in any program of general welfare or the right of access to
    health care, as a consequence of any individual's decision not to
    accept family planning services; (4) the project shall provide family
    planning acceptors comprehensible information on the health benefits
    and risks of the method chosen, including those conditions that might
    render the use of the method inadvisable and those adverse side effects
    known to be consequent to the use of the method; and (5) the project
    shall ensure that experimental contraceptive drugs and devices and
    medical procedures are provided only in the context of a scientific
    study in which participants are advised of potential risks and
    benefits; and, not less than 60 days after the date on which the USAID
    Administrator determines that there has been a violation of the
    requirements contained in paragraph (1), (2), (3), or (5) of this
    proviso, or a pattern or practice of violations of the requirements
    contained in paragraph (4) of this proviso, the Administrator shall
    submit to the Committees on Appropriations a report containing a
    description of such violation and the corrective action taken by the
    Agency:  Provided further, That in awarding grants for natural family
    planning under section 104 of the Foreign Assistance Act of 1961 no
    applicant shall be discriminated against because of such applicant's
    religious or conscientious commitment to offer only natural family
    planning; and, additionally, all such applicants shall comply with the
    requirements of the previous proviso:  Provided further, That for
    purposes of this or any other Act authorizing or appropriating funds
    for the Department of State, foreign operations, and related programs,
    the term ``motivate'', as it relates to family planning assistance,
    shall not be construed to prohibit the provision, consistent with local
    law, of information or counseling about all pregnancy options:
    Provided further, That information provided about the use of condoms as
    part of projects or activities that are funded from amounts
    appropriated by this Act shall be medically accurate and shall include
    the public health benefits and failure rates of such use.
        In addition, for necessary expenses to carry out the provisions of
    the Foreign Assistance Act of 1961 for the prevention, treatment, and
    control of, and research on, HIV/AIDS, $5,930,000,000, to remain
    available until September 30, 2025, which shall be apportioned directly
    to the Department of State not later than 60 days after enactment of
    this Act:  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 and shall be for the second installment of the
    sixth replenishment:  Provided further, That up to 5 percent of the
    aggregate amount of funds made available to the Global Fund in fiscal
    year 2021 may be made available to USAID for technical assistance
    related to the activities of the Global Fund, subject to the regular
    notification procedures of the Committees on Appropriations:  Provided
    further, That of the funds appropriated under this paragraph, up to
    $17,000,000 may be made available, in addition to amounts otherwise
    available for such purposes, for administrative expenses of the Office
    of the United States Global AIDS Coordinator.

                             development assistance

        For necessary expenses to carry out the provisions of sections 103,
    105, 106, 214, and sections 251 through 255, and chapter 10 of part I
    of the Foreign Assistance Act of 1961, $3,500,000,000, to remain
    available until September 30, 2022:  Provided, That funds made
    available under this heading shall be apportioned directly to the
    United States Agency for International Development not later than 60
    days after enactment of this Act.

                       international disaster assistance

        For necessary expenses to carry out the provisions of section 491
    of the Foreign Assistance Act of 1961 for international disaster
    relief, rehabilitation, and reconstruction assistance, $4,395,362,000,
    to remain available until expended, of which $1,914,041,000 is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985:  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.

                             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, $92,043,000, to remain available until expended:  Provided,
    That such support may include assistance to develop, strengthen, or
    preserve democratic institutions and processes, revitalize basic
    infrastructure, and foster the peaceful resolution of conflict:
    Provided further, That the USAID Administrator shall submit a report to
    the Committees on Appropriations at least 5 days prior to beginning a
    new, or terminating a, program of assistance:  Provided further, That
    if the Secretary of State determines that it is important to the
    national interest of the United States to provide transition assistance
    in excess of the amount appropriated under this heading, up to
    $15,000,000 of the funds appropriated by this Act to carry out the
    provisions of part I of the Foreign Assistance Act of 1961 may be used
    for purposes of this heading and under the authorities applicable to
    funds appropriated under this heading:  Provided further, That funds
    made available pursuant to the previous proviso shall be made available
    subject to prior consultation with the Committees on Appropriations.

                              complex crises fund

        For necessary expenses to carry out the provisions of section
    509(b) of the Global Fragility Act of 2019 (title V of division J of
    Public Law 116-94), $30,000,000, 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 not later than 60 days after enactment of
    this Act.

                             economic support fund

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $3,151,963,000, to
    remain available until September 30, 2022.

                                 democracy fund

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 for the promotion of democracy globally,
    including to carry out the purposes of section 502(b)(3) and (5) of
    Public Law 98-164 (22 U.S.C. 4411), $190,450,000, to remain available
    until September 30, 2022, which shall be made available for the Human
    Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
    Labor, Department of State, and shall be apportioned to such Bureau not
    later than 60 days after enactment of this Act:  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, $100,250,000, to remain
    available until September 30, 2022, which shall be made available for
    the Bureau for Development, Democracy, and Innovation, United States
    Agency for International Development, and shall be apportioned to such
    Bureau not later than 60 days after enactment of this Act.

                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), $770,334,000, to remain available until September
    30, 2022, 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:  Provided further, That any
    notification of funds made available under this heading in this Act or
    prior Acts making appropriations for the Department of State, foreign
    operations, and related programs shall include information (if known on
    the date of transmittal of such notification) on the use of
    notwithstanding authority:  Provided further, That if subsequent to the
    notification of assistance it becomes necessary to rely on
    notwithstanding authority, the Committees on Appropriations should be
    informed at the earliest opportunity and to the extent practicable:
    Provided further, That of the funds appropriated under this heading,
    not less than $2,000,000, to remain available until expended, shall be
    transferred to, and merged with, funds appropriated by this Act under
    the heading ``Economic Support Fund'' for joint dialogues in support of
    the Eastern Mediterranean Partnership in the manner specified under
    this heading in House Report 116-444:  Provided further, That such
    funds shall be administered by, and under the policy direction of, the
    coordinator designated pursuant to section 102 of the FREEDOM Support
    Act and section 601 of the SEED Act of 1989.

                              Department of State

                        migration and refugee assistance

        For necessary expenses not otherwise provided for, to enable the
    Secretary of State to carry out the provisions of section 2(a) and (b)
    of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
    and other activities to meet refugee and migration needs; salaries and
    expenses of personnel and dependents as authorized by the Foreign
    Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
    by sections 5921 through 5925 of title 5, United States Code; purchase
    and hire of passenger motor vehicles; and services as authorized by
    section 3109 of title 5, United States Code, $3,432,000,000, to remain
    available until expended, of which: $1,701,417,000 is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985; not less than $35,000,000 shall
    be made available to respond to small-scale emergency humanitarian
    requirements; and $5,000,000 shall be made available for refugees
    resettling in Israel.

         united states emergency refugee and migration assistance fund

        For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
    2601(c)), $100,000, to remain available until expended:  Provided, That
    amounts in excess of the limitation contained in paragraph (2) of such
    section shall be transferred to, and merged with, funds made available
    by this Act under the heading ``Migration and Refugee Assistance''.

                              Independent Agencies

                                  peace corps

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of the Peace
    Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
    exceed five passenger motor vehicles for administrative purposes for
    use outside of the United States, $410,500,000, of which $6,330,000 is
    for the Office of Inspector General, to remain available until
    September 30, 2022:  Provided, That the Director of the Peace Corps may
    transfer to the Foreign Currency Fluctuations Account, as authorized by
    section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
    exceed $5,000,000:  Provided further, That funds transferred pursuant
    to the previous proviso may not be derived from amounts made available
    for Peace Corps overseas operations:  Provided further, That of the
    funds appropriated under this heading, not to exceed $104,000 may be
    available for representation expenses, of which not to exceed $4,000
    may be made available for entertainment expenses:  Provided further,
    That in addition to the requirements under section 7015(a) of this Act,
    the Peace Corps shall consult with the Committees on Appropriations
    prior to any decision to open, close, or suspend a domestic or overseas
    office or a country program unless there is a substantial risk to
    volunteers or other Peace Corps personnel:  Provided further, That none
    of the funds appropriated under this heading shall be used to pay for
    abortions:  Provided further, That notwithstanding the previous
    proviso, section 614 of division E of Public Law 113-76 shall apply to
    funds appropriated under this heading.

                        millennium challenge corporation

        For necessary expenses to carry out the provisions of the
    Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
    $912,000,000, to remain available until expended:  Provided, That of
    the funds appropriated under this heading, up to $112,000,000 may be
    available for administrative expenses of the Millennium Challenge
    Corporation:  Provided further, That section 605(e) of the MCA (22
    U.S.C. 7704(e)) shall apply to funds appropriated under this heading:
    Provided further, That funds appropriated under this heading may be
    made available for a Millennium Challenge Compact entered into pursuant
    to section 609 of the MCA (22 U.S.C. 7708) only if such Compact
    obligates, or contains a commitment to obligate subject to the
    availability of funds and the mutual agreement of the parties to the
    Compact to proceed, the entire amount of the United States Government
    funding anticipated for the duration of the Compact:  Provided further,
    That no country should be eligible for a threshold program after such
    country has completed a country compact:  Provided further, That of the
    funds appropriated under this heading, not to exceed $100,000 may be
    available for representation and entertainment expenses, of which not
    to exceed $5,000 may be available for entertainment expenses.

                           inter-american foundation

        For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $38,000,000, to remain available
    until September 30, 2022:  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.),
    $33,000,000, to remain available until September 30, 2022, 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 Treasury

                   international affairs technical assistance

        For necessary expenses to carry out the provisions of section 129
    of the Foreign Assistance Act of 1961, $33,000,000, to remain available
    until expended, of which not more than $6,600,000 may be used for
    administrative expenses:  Provided, That amounts made available under
    this heading may be made available to contract for services as
    described in section 129(d)(3)(A) of the Foreign Assistance Act of
    1961, without regard to the location in which such services are
    performed.

                               debt restructuring

        For the costs, as defined in section 502 of the Congressional
    Budget Act of 1974, of modifying loans and loan guarantees, as the
    President may determine, for which funds have been appropriated or
    otherwise made available for programs within the International Affairs
    Budget Function 150, including the cost of selling, reducing, or
    canceling amounts owed to the United States as a result of concessional
    loans made to eligible countries, pursuant to part V of the Foreign
    Assistance Act of 1961, $15,000,000, to remain available until
    September 30, 2023.
        In addition, for the costs, as defined in section 502 of the
    Congressional Budget Act of 1974, of modifying loans and loan
    guarantees for Somalia or credits extended to Somalia, as the President
    may determine, including the cost of selling, reducing, or cancelling
    amounts owed to the United States, in the event that Somalia has met
    the domestic and internationally-agreed conditions and such
    modification is consistent with United States law and foreign policy
    considerations, $78,000,000, to remain available until expended, which
    may be used notwithstanding any other provision of law:  Provided, That
    funds made available by this paragraph shall be subject to prior
    consultation with the appropriate congressional committees and subject
    to the regular notification procedures of the Committees on
    Appropriations.
        In addition, for the costs, as defined in section 502 of the
    Congressional Budget Act of 1974, of modifying loans and loan
    guarantees for or credits extended to Sudan, $111,000,000, to remain
    available until expended, which may be used notwithstanding any other
    provision of law, in the event Sudan meets the domestic and
    internationally agreed conditions and the modifications are consistent
    with United States law and foreign policy considerations.

                                    TITLE IV

                       INTERNATIONAL SECURITY ASSISTANCE

                              Department of State

              international narcotics control and law enforcement

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $1,385,573,000, to remain available until
    September 30, 2022:  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 funds made
    available under this heading that are transferred to another
    department, agency, or instrumentality of the United States Government
    pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued
    in excess of $5,000,000, and any agreement made pursuant to section
    632(a) of such Act, shall be subject to the regular notification
    procedures of the Committees on Appropriations:  Provided further, That
    funds made available under this heading for Program Development and
    Support may be made available notwithstanding pre-obligation
    requirements contained in this Act, except for the notification
    requirements of section 7015.

        nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $889,247,000, to remain
    available until September 30, 2022, 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.

                            peacekeeping operations

        For necessary expenses to carry out the provisions of section 551
    of the Foreign Assistance Act of 1961, $440,759,000, of which
    $325,213,000, to remain available until September 30, 2022, is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985:  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 $25,000,000 shall be made available for a United States
    contribution to the Multinational Force and Observers mission in the
    Sinai and not less than $71,000,000 shall be made available for the
    Global Peace Operations Initiative:  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 none of the funds appropriated
    under this heading shall be obligated except as provided through the
    regular notification procedures of the Committees on Appropriations.

                      Funds Appropriated to the President

                 international military education and training

        For necessary expenses to carry out the provisions of section 541
    of the Foreign Assistance Act of 1961, $112,925,000, of which up to
    $56,463,000 may remain available until September 30, 2022:  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, up to $3,000,000 may 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.

                       foreign military financing program

        For necessary expenses for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act (22
    U.S.C. 2763), $6,175,524,000, of which $576,909,000, to remain
    available until September 30, 2022, is designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985:  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 of the funds
    appropriated under this heading, not less than $3,300,000,000 shall be
    available for grants only for Israel which shall be disbursed within 30
    days of enactment of this Act:  Provided further, 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 $795,300,000 shall be available
    for the procurement in Israel of defense articles and defense services,
    including research and development:  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 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
    $1,137,000,000 of funds realized pursuant to section 21(e)(1)(A) of the
    Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
    expenses incurred by the Department of Defense during fiscal year 2021
    pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C.
    2792(b)), except that this limitation may be exceeded only through the
    regular notification procedures of the Committees on Appropriations.

                                    TITLE V

                            MULTILATERAL ASSISTANCE

                      Funds Appropriated to the President

                    international organizations and programs

        For necessary expenses to carry out the provisions of section 301
    of the Foreign Assistance Act of 1961, $387,500,000:  Provided, That
    section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
    contributions to the United Nations Democracy Fund:  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.

                      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, $139,575,000, to remain available until, and
    to be fully disbursed not later than, September 30, 2022:  Provided,
    That of such amount, $136,563,000, which shall remain available until
    September 30, 2021, is only available for the third installment of the
    seventh replenishment of the Global Environment Facility, and shall be
    obligated and disbursed not later than 90 days after enactment of this
    Act:  Provided further, That the Secretary shall report to the
    Committees on Appropriations on the status of funds provided under this
    heading not less than quarterly until fully disbursed:  Provided
    further, That in such report the Secretary shall provide a timeline for
    the obligation and disbursement of any funds that have not yet been
    obligated or disbursed.

         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, $47,395,000, to remain available
    until expended.

                  contribution to the african development bank

        For payment to the African Development Bank by the Secretary of the
    Treasury for the United States share of the paid-in portion of the
    increases in capital stock, $54,648,752, to remain available until
    expended.

                  limitation on callable capital subscriptions

        The United States Governor of the African Development Bank may
    subscribe without fiscal year limitation to the callable capital
    portion of the United States share of increases in capital stock in an
    amount not to exceed $856,174,624.

                  contribution to the african development fund

        For payment to the African Development Fund by the Secretary of the
    Treasury, $171,300,000, to remain available until expended.

              contribution to the north american development bank

                  limitation on callable capital subscriptions

        The Secretary of the Treasury may subscribe without fiscal year
    limitation to the callable capital portion of the United States share
    of capital stock in an amount not to exceed $1,020,000,000:  Provided,
    That such authority is in addition to any other authority otherwise
    available in this Act and under any other provision of law.

      contribution to the international fund for agricultural development

        For payment to the International Fund for Agricultural Development
    by the Secretary of the Treasury, $32,500,000, to remain available
    until, and to be fully disbursed not later than, September 30, 2022,
    for the third installment of the eleventh replenishment of the
    International Fund for Agricultural Development:  Provided, That the
    Secretary of the Treasury shall report to the Committees on
    Appropriations on the status of such payment not less than quarterly
    until fully disbursed:  Provided further, That in such report the
    Secretary shall provide a timeline for the obligation and disbursement
    of any funds that have not yet been obligated or disbursed.

                                    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, 2022.

                                program account

        The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance with law, and to make
    such contracts and commitments without regard to fiscal year
    limitations, as provided by section 9104 of title 31, United States
    Code, as may be necessary in carrying out the program for the current
    fiscal year for such corporation:  Provided, That none of the funds
    available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of enactment of this Act.

                            administrative expenses

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by section 3109 of title 5, United States
    Code, and not to exceed $30,000 for official reception and
    representation expenses for members of the Board of Directors, not to
    exceed $110,000,000, of which up to $16,500,000 may remain available
    until September 30, 2022:  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, 2021:  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.

                               receipts collected

        Receipts collected pursuant to the Export-Import Bank Act of 1945
    (Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
    amount not to exceed the amount appropriated herein, shall be credited
    as offsetting collections to this account:  Provided, That the sums
    herein appropriated from the General Fund shall be reduced on a dollar-
    for-dollar basis by such offsetting collections so as to result in a
    final fiscal year appropriation from the General Fund estimated at $0.

          United States International Development Finance Corporation

                               inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978 (5
    U.S.C. App.), $2,000,000, to remain available until September 30, 2022.

                           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, $569,000,000:  Provided further, That of the amount
    provided--
                (1) $119,000,000 shall remain available until September 30,
            2023, 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, 2025;
                (2) $450,000,000 shall remain available until September 30,
            2023, 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 2021 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 2021 in excess of
    $569,000,000 shall be credited to this account and shall be available
    in future fiscal years only to the extent provided in advance in
    appropriations Acts:  Provided further, That in fiscal year 2021, if
    such collections are less than $569,000,000, 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
    $191,000,000.

                                program account

        Amounts paid from ``United States International Development Finance
    Corporation--Corporate Capital Account'' (CCA) shall remain available
    until September 30, 2023:  Provided, That up to $500,000,000 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:  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 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

        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, 2022, 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

                          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 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 2021 or any previous fiscal year,
    disaggregated by fiscal year:  Provided, That the report required by
    this section shall be submitted not later than 30 days after the end of
    each fiscal quarter and should specify by account the amount of funds
    obligated pursuant to bilateral agreements which have not been further
    sub-obligated.

                              consulting services

        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.

                             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 2021 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 2021,
    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 116-444.
        (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, except that the amount of
            funds made available for such purposes from this Act and prior
            Acts making appropriations for the Department of State, foreign
            operations, and related programs shall be a minimum of
            $25,000,000.
                (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.--Of the funds appropriated by this Act under the
    heading ``Embassy Security, Construction, and Maintenance'', not less
    than $10,000,000 shall 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

        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.

                                  coups d'etat

        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'etat or decree or, after the date of
    enactment of this Act, a coup d'etat or decree in which the military
    plays a decisive role:  Provided, That assistance may be resumed to
    such government if the Secretary of State certifies and reports to the
    appropriate congressional committees that subsequent to the termination
    of assistance a democratically elected government has taken office:
    Provided further, That the provisions of this section shall not apply
    to assistance to promote democratic elections or public participation
    in democratic processes:  Provided further, That funds made available
    pursuant to the previous provisos shall be subject to the regular
    notification procedures of the Committees on Appropriations.

                          transfer of funds authority

        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 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) Limitation on United States International Development Finance
    Corporation.--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.
        (d) Transfer of Funds Between Accounts.--None of the funds made
    available under titles II through V of this Act may be obligated under
    an appropriations account to which such funds were not appropriated,
    except for transfers specifically provided for in this Act, unless the
    President, not less than 5 days prior to the exercise of any authority
    contained in the Foreign Assistance Act of 1961 to transfer funds,
    consults with and provides a written policy justification to the
    Committees on Appropriations.
        (e) Audit of Inter-Agency Transfers of Funds.--Any agreement for
    the transfer or allocation of funds appropriated by this Act or prior
    Acts making appropriations for the Department of State, foreign
    operations, and related programs entered into between the Department of
    State or USAID and another agency of the United States Government under
    the authority of section 632(a) of the Foreign Assistance Act of 1961,
    or any comparable provision of law, shall expressly provide that the
    Inspector General (IG) for the agency receiving the transfer or
    allocation of such funds, or other entity with audit responsibility if
    the receiving agency does not have an IG, shall perform periodic
    program and financial audits of the use of such funds and report to the
    Department of State or USAID, as appropriate, upon completion of such
    audits:  Provided, That such audits shall be transmitted to the
    Committees on Appropriations by the Department of State or USAID, as
    appropriate:  Provided further, That funds transferred under such
    authority may be made available for the cost of such audits.
        (f) Transfer of Overseas Contingency Operations/Global War on
    Terrorism Funds.--Funds appropriated by this Act under the headings
    ``Peacekeeping Operations'' and ``Foreign Military Financing Program''
    that are designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985 may be
    transferred to, and merged with, such funds appropriated under such
    headings:  Provided, That such transfer authority may only be exercised
    to address contingencies:  Provided further, That such transfer
    authority is in addition to any transfer authority otherwise available
    under any other provision of law, including section 610 of the Foreign
    Assistance Act of 1961:  Provided further, That such transfer authority
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.

                 prohibition and limitation on certain expenses

        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
                (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, 2021, detailing
    by account and source year, the use of this authority during the
    previous fiscal year.

                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 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

        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 2021 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 2022 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, 2022, such taxes have not been reimbursed:
    Provided, That the Secretary of State shall report to the Committees on
    Appropriations not later than 30 days after enactment of this Act and
    then quarterly thereafter until September 30, 2021, on the foreign
    governments and entities that have not reimbursed such taxes, including
    any amount of funds withheld pursuant to this subsection.
        (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
        (d) Reprogramming of Funds.--Funds withheld from obligation for
    each foreign government or entity pursuant to subsection (b) shall be
    reprogrammed for assistance for countries which do not assess taxes on
    United States assistance or which have an effective arrangement that is
    providing substantial reimbursement of such taxes, and that can
    reasonably accommodate such assistance in a programmatically
    responsible manner.
        (e) Determinations.--
                (1) In general.--The provisions of this section shall not
            apply to any foreign government or entity that assesses such
            taxes if the Secretary of State reports to the Committees on
            Appropriations that--
                        (A) such foreign government or entity has an
                    effective arrangement that is providing substantial
                    reimbursement of such taxes; or
                        (B) the foreign policy interests of the United
                    States outweigh the purpose of this section to ensure
                    that United States assistance is not subject to
                    taxation.
                (2) Consultation.--The Secretary of State shall consult
            with the Committees on Appropriations at least 15 days prior to
            exercising the authority of this subsection with regard to any
            foreign government or entity.
        (f) Implementation.--The Secretary of State shall issue and update
    rules, regulations, or policy guidance, as appropriate, to implement
    the prohibition against the taxation of assistance contained in this
    section.
        (g) Definitions.--As used in this section:
                (1) Bilateral agreement.--The term ``bilateral agreement''
            refers to a framework bilateral agreement between the
            Government of the United States and the government of the
            country receiving assistance that describes the privileges and
            immunities applicable to United States foreign assistance for
            such country generally, or an individual agreement between the
            Government of the United States and such government that
            describes, among other things, the treatment for tax purposes
            that will be accorded the United States assistance provided
            under that agreement.
                (2) Taxes and taxation.--The term ``taxes and taxation''
            shall include value added taxes and customs duties but shall
            not include individual income taxes assessed to local staff.

                             reservations of funds

        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 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 year 2021, 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 2021, 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'', ``International Organizations and Programs'', ``Trade and
    Development Agency'', ``International Narcotics Control and Law
    Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
    ``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
    Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
    Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
    Financing Program'', ``International Military Education and Training'',
    ``United States International Development Finance Corporation'', and
    ``Peace Corps'', shall be available for obligation for programs,
    projects, activities, type of materiel assistance, countries, or other
    operations not justified or in excess of the amount justified to the
    Committees on Appropriations for obligation under any of these specific
    headings unless the Committees on Appropriations are notified 15 days
    in advance of such obligation:  Provided, That the President shall not
    enter into any commitment of funds appropriated for the purposes of
    section 23 of the Arms Export Control Act for the provision of major
    defense equipment, other than conventional ammunition, or other major
    defense items defined to be aircraft, ships, missiles, or combat
    vehicles, not previously justified to Congress or 20 percent in excess
    of the quantities justified to Congress unless the Committees on
    Appropriations are notified 15 days in advance of such commitment:
    Provided further, That requirements of this subsection or any similar
    provision of this or any other Act shall not apply to any reprogramming
    for a program, project, or activity for which funds are appropriated
    under titles III through VI of this Act of less than 10 percent of the
    amount previously justified to Congress for obligation for such
    program, project, or activity for the current fiscal year:  Provided
    further, That any notification submitted pursuant to subsection (f) of
    this section shall include information (if known on the date of
    transmittal of such notification) on the use of notwithstanding
    authority.
        (d) Department of Defense Programs and Funding Notifications.--
                (1) Programs.--None of the funds appropriated by this Act
            or prior Acts making appropriations for the Department of
            State, foreign operations, and related programs may be made
            available to support or continue any program initially funded
            under any authority of title 10, United States Code, or any Act
            making or authorizing appropriations for the Department of
            Defense, unless the Secretary of State, in consultation with
            the Secretary of Defense and in accordance with the regular
            notification procedures of the Committees on Appropriations,
            submits a justification to such Committees that includes a
            description of, and the estimated costs associated with, the
            support or continuation of such program.
                (2) Funding.--Notwithstanding any other provision of law,
            funds transferred by the Department of Defense to the
            Department of State and the United States Agency for
            International Development for assistance for foreign countries
            and international organizations shall be subject to the regular
            notification procedures of the Committees on Appropriations.
                (3) Notification on excess defense articles.--Prior to
            providing excess Department of Defense articles in accordance
            with section 516(a) of the Foreign Assistance Act of 1961, the
            Department of Defense shall notify the Committees on
            Appropriations to the same extent and under the same conditions
            as other committees pursuant to subsection (f) of that section:
             Provided, That before issuing a letter of offer to sell excess
            defense articles under the Arms Export Control Act, the
            Department of Defense shall notify the Committees on
            Appropriations in accordance with the regular notification
            procedures of such Committees if such defense articles are
            significant military equipment (as defined in section 47(9) of
            the Arms Export Control Act) or are valued (in terms of
            original acquisition cost) at $7,000,000 or more, or if
            notification is required elsewhere in this Act for the use of
            appropriated funds for specific countries that would receive
            such excess defense articles:  Provided further, That such
            Committees shall also be informed of the original acquisition
            cost of such defense articles.
        (e) Waiver.--The requirements of this section or any similar
    provision of this Act or any other Act, including any prior Act
    requiring notification in accordance with the regular notification
    procedures of the Committees on Appropriations, may be waived if
    failure to do so would pose a substantial risk to human health or
    welfare:  Provided, That in case of any such waiver, notification to
    the Committees on Appropriations shall be provided as early as
    practicable, but in no event later than 3 days after taking the action
    to which such notification requirement was applicable, in the context
    of the circumstances necessitating such waiver:  Provided further, That
    any notification provided pursuant to such a waiver shall contain an
    explanation of the emergency circumstances.
        (f) Country Notification Requirements.--None of the funds
    appropriated under titles III through VI of this Act may be obligated
    or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
    Colombia, Cuba, Egypt, El Salvador, Ethiopia, Greenland, Guatemala,
    Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua,
    Pakistan, Philippines, the Russian Federation, 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 116-444.
        (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, except that the
                    Secretary of State shall consult with the Committees on
                    Appropriations prior to submitting such notification;
                        (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 Global Security Contingency Fund;
                        (G) the Countering Chinese Influence Fund and the
                    Countering Russian Influence Fund;
                        (H) the Program to End Modern Slavery; and
                        (I) the Women's Global Development and Prosperity
                    Fund.
                (3) Democracy program policy and procedures.--Modifications
            to democracy program policy and procedures, including relating
            to the use of consortia, by the Department of State and USAID
            shall be subject to prior consultation with, and the regular
            notification procedures of, the Committees on Appropriations.
                (4) Arms sales.--The reports, notifications, and
            certifications, and any other documents, required to be
            submitted pursuant to section 36(a) of the Arms Export Control
            Act (22 U.S.C. 2776), and such documents submitted pursuant to
            section 36(b) through (d) of such Act with respect to countries
            that have received assistance provided with funds appropriated
            by this Act or prior Acts making appropriations for the
            Department of State, foreign operations, and related programs,
            shall be concurrently submitted to the Committees on
            Appropriations and shall include information about the source
            of funds for any sale or transfer, as applicable, if known at
            the time of submission.
        (i) Withholding of Funds.--Funds appropriated by this Act under
    titles III and IV that are withheld from obligation or otherwise not
    programmed as a result of application of a provision of law in this or
    any other Act shall, if reprogrammed, be subject to the regular
    notification procedures of the Committees on Appropriations.
        (j) Foreign Assistance and Global Health Security Reviews.--Funds
    appropriated by this Act that are made available to make programmatic,
    funding, and organizational changes resulting from implementation of
    any foreign assistance review or realignment shall be subject to prior
    consultation with, and the regular notification procedures of, the
    Committees on Appropriations:  Provided, That such notifications may be
    submitted in classified form, if necessary:  Provided further, That the
    consultation requirement of this subsection shall apply to global
    health security programs, to include the Global Health Security Agenda
    and emergency health responses.
        (k) 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.
        (l) Report on Funds Received From Foreign Governments.--The
    Secretary of State and the USAID Administrator, as appropriate, shall
    report to the Committees on Appropriations on a quarterly basis until
    September 30, 2021, on funds received from foreign governments pursuant
    to sections 607 and 635(d) of the Foreign Assistance Act of 1961, other
    than from countries that are North Atlantic Treaty Organization (NATO)
    or major non-NATO allies designated pursuant to section 517(b) of such
    Act:  Provided, That such report shall include the requirements
    described under this heading in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated
    Act).

       document requests, 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) 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

        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.

       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 made available to carry out part I of the Foreign
    Assistance Act of 1961, as amended, may be used to pay for any
    biomedical research which relates in whole or in part, to methods of,
    or the performance of, abortions or involuntary sterilization as a
    means of family planning. None of the funds made available to carry out
    part I of the Foreign Assistance Act of 1961, as amended, may be
    obligated or expended for any country or organization if the President
    certifies that the use of these funds by any such country or
    organization would violate any of the above provisions related to
    abortions and involuntary sterilizations.

                            allocations and reports

        Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
    appropriated by this Act under titles III through V shall be made
    available at not less than 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 Below Minimum Levels.--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 by not more than 10 percent below the minimum
    amounts specifically designated in the respective tables in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act):  Provided, That deviations
    pursuant to this subsection shall be subject to prior consultation with
    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.
                (2) The authority in subsection (b) to deviate below
            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), subsection (b) shall be applied by
            substituting ``5 percent'' for ``10 percent''.
        (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 116-444 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 or the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), unless such headings are specifically
    designated as the source of funds.

                               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 meets one or more of the
    requirements enumerated under section 7066 of the Department of State,
    Foreign Operations, and Related Programs Appropriations Act, 2019
    (division F of Public Law 116-6).

       prohibition on assistance to governments supporting international
                                   terrorism

        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, 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 United States national interest.
        (b) Bilateral Assistance.--
                (1) Limitations.--Funds appropriated for bilateral
            assistance in titles III through VI of this Act and funds
            appropriated under any such title in prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs, shall not be made available to any
            foreign government which the President determines--
                        (A) grants sanctuary from prosecution to any
                    individual or group which has committed an act of
                    international terrorism;
                        (B) otherwise supports international terrorism; or
                        (C) is controlled by an organization designated as
                    a terrorist organization under section 219 of the
                    Immigration and Nationality Act (8 U.S.C. 1189).
                (2) Waiver.--The President may waive the application of
            paragraph (1) to a government if the President determines that
            national security or humanitarian reasons justify such waiver:
            Provided, That the President shall publish each such waiver in
            the Federal Register and, at least 15 days before the waiver
            takes effect, shall notify the Committees on Appropriations of
            the waiver (including the justification for the waiver) in
            accordance with the regular notification procedures of the
            Committees on Appropriations.

                           authorization requirements

        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)).

                  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
    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.

                    commerce, trade and surplus commodities

        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 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 directors of the
    international financial institutions to use the voice and vote of the
    United States to oppose any assistance by such institutions, using
    funds appropriated or otherwise made available by this Act, for the
    production or extraction of any commodity or mineral for export, if it
    is in surplus on world markets and if the assistance will cause
    substantial injury to United States producers of the same, similar, or
    competing commodity.

                               separate accounts

        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
            separate account pursuant to subsection (a), or an equivalent
            amount of local currencies, shall be used only--
                        (A) to carry out chapter 1 or 10 of part I or
                    chapter 4 of part II of the Foreign Assistance Act of
                    1961 (as the case may be), for such purposes as--
                                (i) project and sector assistance
                            activities; or
                                (ii) debt and deficit financing; or
                        (B) for the administrative requirements of the
                    United States Government.
                (3) Programming accountability.--USAID shall take all
            necessary steps to ensure that the equivalent of the local
            currencies disbursed pursuant to subsection (a)(2)(A) from the
            separate account established pursuant to subsection (a)(1) are
            used for the purposes agreed upon pursuant to subsection
            (a)(2).
                (4) Termination of assistance programs.--Upon termination
            of assistance to a country under chapter 1 or 10 of part I or
            chapter 4 of part II of the Foreign Assistance Act of 1961 (as
            the case may be), any unencumbered balances of funds which
            remain in a separate account established pursuant to subsection
            (a) shall be disposed of for such purposes as may be agreed to
            by the government of that country and the United States
            Government.
        (b) Separate Accounts for Cash Transfers.--
                (1) In general.--If assistance is made available to the
            government of a foreign country, under chapter 1 or 10 of part
            I or chapter 4 of part II of the Foreign Assistance Act of
            1961, as cash transfer assistance or as nonproject sector
            assistance, that country shall be required to maintain such
            funds in a separate account and not commingle with any other
            funds.
                (2) Applicability of other provisions of law.--Such funds
            may be obligated and expended notwithstanding provisions of law
            which are inconsistent with the nature of this assistance
            including provisions which are referenced in the Joint
            Explanatory Statement of the Committee of Conference
            accompanying House Joint Resolution 648 (House Report No. 98-
            1159).
                (3) Notification.--At least 15 days prior to obligating any
            such cash transfer or nonproject sector assistance, the
            President shall submit a notification through the regular
            notification procedures of the Committees on Appropriations,
            which shall include a detailed description of how the funds
            proposed to be made available will be used, with a discussion
            of the United States interests that will be served by such
            assistance (including, as appropriate, a description of the
            economic policy reforms that will be promoted by such
            assistance).
                (4) Exemption.--Nonproject sector assistance funds may be
            exempt from the requirements of paragraph (1) only through the
            regular notification procedures of the Committees on
            Appropriations.

                           eligibility for assistance

        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 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 2021, 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.

                               local competition

        Sec. 7028. (a) Requirements for Exceptions to Competition for Local
    Entities.--Funds appropriated by this Act that are made available to
    the United States Agency for International Development may only be made
    available for limited competitions through local entities if--
                (1) prior to the determination to limit competition to
            local entities, USAID has--
                        (A) assessed the level of local capacity to
                    effectively implement, manage, and account for programs
                    included in such competition; and
                        (B) documented the written results of the
                    assessment and decisions made; and
                (2) prior to making an award after limiting competition to
            local entities--
                        (A) each successful local entity has been
                    determined to be responsible in accordance with USAID
                    guidelines; and
                        (B) effective monitoring and evaluation systems are
                    in place to ensure that award funding is used for its
                    intended purposes; and
                (3) no level of acceptable fraud is assumed.
        (b) 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 2021.

                      international financial institutions

        Sec. 7029. (a) Evaluations and Report.--The Secretary of the
    Treasury shall instruct the United States executive director of each
    international financial institution to use the voice of the United
    States to encourage such institution to adopt and implement a publicly
    available policy, including the strategic use of peer reviews and
    external experts, to conduct independent, in-depth evaluations of the
    effectiveness of at least 35 percent of all loans, grants, programs,
    and significant analytical non-lending activities in advancing the
    institution's goals of reducing poverty and promoting equitable
    economic growth, consistent with relevant safeguards, to ensure that
    decisions to support such loans, grants, programs, and activities are
    based on accurate data and objective analysis:  Provided, That not
    later than 45 days after enactment of this Act, the Secretary shall
    submit a report to the Committees on Appropriations on steps taken in
    fiscal year 2020 by the United States executive directors and the
    international financial institutions consistent with this subsection
    compared to the previous fiscal year.
        (b) Safeguards.--
                (1) Standard.--The Secretary of the Treasury shall instruct
            the United States Executive Director of the International Bank
            for Reconstruction and Development and the International
            Development Association to use the voice and vote of the United
            States to oppose any loan, grant, policy, or strategy if such
            institution has adopted and is implementing any social or
            environmental safeguard relevant to such loan, grant, policy,
            or strategy that provides less protection than World Bank
            safeguards in effect on September 30, 2015.
                (2) Accountability, standards, and best practices.--The
            Secretary of the Treasury shall instruct the United States
            executive director of each international financial institution
            to use the voice and vote of the United States to oppose loans
            or other financing for projects unless such projects--
                        (A) provide for accountability and transparency,
                    including the collection, verification, and publication
                    of beneficial ownership information related to
                    extractive industries and on-site monitoring during the
                    life of the project;
                        (B) will be developed and carried out in accordance
                    with best practices regarding environmental
                    conservation, cultural protection, and empowerment of
                    local populations, including free, prior and informed
                    consent of affected indigenous communities;
                        (C) do not provide incentives for, or facilitate,
                    forced displacement or other violations of human
                    rights; and
                        (D) do not partner with or otherwise involve
                    enterprises owned or controlled by the armed forces.
        (c) Compensation.--None of the funds appropriated under title V of
    this Act may be made as payment to any international financial
    institution while the United States executive director to such
    institution is compensated by the institution at a rate which, together
    with whatever compensation such executive director receives from the
    United States, is in excess of the rate provided for an individual
    occupying a position at level IV of the Executive Schedule under
    section 5315 of title 5, United States Code, or while any alternate
    United States executive director to such institution is compensated by
    the institution at a rate in excess of the rate provided for an
    individual occupying a position at level V of the Executive Schedule
    under section 5316 of title 5, United States Code.
        (d) 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 116-444:  Provided, That prior to voting on
    any such loan, grant, policy, or strategy the executive director shall
    consult with the Assistant Secretary for Democracy, Human Rights, and
    Labor, Department of State, if the executive director has reason to
    believe that such loan, grant, policy, or strategy could result in
    forced displacement or other 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:  Provided, That not later
    than 45 days after enactment of this Act, the Secretary shall submit a
    report to the Committees on Appropriations on steps taken in fiscal
    year 2020 by the United States executive directors and the
    international financial institutions consistent with this subsection
    compared to the previous fiscal year.
        (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 each such institution to effectively implement and enforce
    policies and procedures which meet or exceed best practices in the
    United States for the protection of whistleblowers from retaliation,
    including--
                (1) protection against retaliation for internal and lawful
            public disclosure;
                (2) legal burdens of proof;
                (3) statutes of limitation for reporting retaliation;
                (4) access to binding independent adjudicative bodies,
            including shared cost and selection external arbitration; and
                (5) results that eliminate the effects of proven
            retaliation, including provision for the restoration of prior
            employment.

                        insecure communications networks

        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-Government
    Assistance.--
                (1) Requirements.--Funds appropriated by this Act may be
            made available for direct government-to-government assistance
            only if the requirements included in section 7031(a)(1)(A)
            through (E) of the Department of State, Foreign Operations, and
            Related Programs Appropriations Act, 2019 (division F of Public
            Law 116-6) are 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.
                (4) Submission of information.--The Secretary of State
            shall submit to the Committees on Appropriations, concurrent
            with the fiscal year 2022 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 the explanatory statement described in section 4 in the
            matter preceding division A of Public Law 116-94.
                (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) The Secretary shall also publicly or privately
                    designate or identify the officials of foreign
                    governments and their immediate family members about
                    whom the Secretary has such credible information
                    without regard to whether the individual has applied
                    for a visa.
                (2) Exception.--Individuals shall not be ineligible for
            entry into the United States pursuant to paragraph (1) if such
            entry would further important United States law enforcement
            objectives or is necessary to permit the United States to
            fulfill its obligations under the United Nations Headquarters
            Agreement:  Provided, That nothing in paragraph (1) shall be
            construed to derogate from United States Government obligations
            under applicable international agreements.
                (3) Waiver.--The Secretary may waive the application of
            paragraph (1) if the Secretary determines that the waiver would
            serve a compelling national interest or that the circumstances
            which caused the individual to be ineligible have changed
            sufficiently.
                (4) Report.--Not later than 30 days after enactment of this
            Act, and every 90 days thereafter until September 30, 2021, 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
            provide 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 that it is the
            policy of the United States to use the voice and vote of the
            United States to oppose any assistance by such institutions
            (including any loan, credit, grant, or guarantee) to any
            country for the extraction and export of a natural resource if
            the government of such country has in place laws, regulations,
            or procedures to prevent or limit the public disclosure of
            company payments as required by United States law, and unless
            such government has adopted laws, regulations, or procedures in
            the sector in which assistance is being considered to meet the
            standards included under this section in the explanatory
            statement described in section 4 in the matter preceding
            division A of Public Law 116-94.
                (B) The requirements of subparagraph (A) shall not apply to
            assistance for the purpose of building the capacity of such
            government to meet the requirements of such subparagraph.
        (e) Foreign Assistance Website.--Funds appropriated by this Act
    under titles I and II, and funds made available for any independent
    agency in title III, as appropriate, shall be made available to support
    the provision of additional information on United States Government
    foreign assistance on the ``ForeignAssistance.gov'' website:  Provided,
    That all Federal agencies funded under this Act shall provide such
    information on foreign assistance, upon request and in a timely manner,
    to the Department of State and USAID.

                               democracy programs

        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 $2,417,000,000
            shall 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, at not less than the amounts specified for
            certain countries and regional programs designated in the table
            under this section in the explanatory statement described in
            section 4 (in the matter preceding division A of this
            consolidated Act).
        (b) Authorities.--
                (1) Availability.--Funds made available by this Act for
            democracy programs pursuant to subsection (a) and under the
            heading ``National Endowment for Democracy'' may be made
            available notwithstanding any other provision of law, and with
            regard to the National Endowment for Democracy (NED), any
            regulation.
                (2) Beneficiaries.--Funds made available by this Act for
            the NED are made available pursuant to the authority of the
            National Endowment for Democracy Act (title V of Public Law 98-
            164), including all decisions regarding the selection of
            beneficiaries.
        (c) Definition of Democracy Programs.--For purposes of funds
    appropriated by this Act, the term ``democracy programs'' means
    programs that support good governance, credible and competitive
    elections, freedom of expression, association, assembly, and religion,
    human rights, labor rights, independent media, and the rule of law, and
    that otherwise strengthen the capacity of democratic political parties,
    governments, nongovernmental organizations and institutions, and
    citizens to support the development of democratic states and
    institutions that are responsive and accountable to citizens.
        (d) 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) Restriction on Prior Approval.--With respect to the provision
    of assistance for democracy programs in this Act, the organizations
    implementing such assistance, the specific nature of that assistance,
    and the participants in such programs shall not be subject to the prior
    approval by the government of any foreign country:  Provided, That the
    Secretary of State, in coordination with the Administrator of the
    United States Agency for International Development, shall report to the
    Committees on Appropriations, not later than 120 days after enactment
    of this Act, 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) 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 by funds made
    available by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs.
        (h) Protection of Civil Society Activists and Journalists.--Of the
    funds appropriated by this Act under the headings ``Economic Support
    Fund'' and ``Democracy Fund'', not less than $25,000,000 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,
    consistent with the action plan required under this section in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act), and on the same terms and
    conditions of section 7032(i) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2018 (division K
    of Public Law 115-141).
        (i) International Freedom of Expression.--
                (1) Operations.--Funds appropriated by this Act under the
            heading ``Diplomatic Programs'' shall be made available for the
            Bureau of Democracy, Human Rights, and Labor, Department of
            State, for the costs of administering programs designed to
            promote and defend freedom of expression and the independence
            of the media in countries where such freedom and independence
            are restricted or denied.
                (2) Assistance.--Of the funds appropriated by this Act
            under the heading ``Economic Support Fund'', not less than
            $15,000,000 shall be made available for programs that promote
            and defend freedom of expression and the independence of the
            media abroad:  Provided, That such funds are in addition to
            funds otherwise made available by this Act for such purposes,
            and are intended to complement emergency and safety programs
            for civil society, including journalists and media outlets at
            risk:  Provided further, That such funds shall be subject to
            prior consultation with, and the regular notification
            procedures of, the Committees on Appropriations.

                        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, including for support staff, at not less
    than the amounts specified for such office in the table under such
    heading in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).
        (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 religious minorities:
    Provided, That funds made available by this Act under the headings
    ``Economic Support Fund'' and ``Democracy Fund'' pursuant to this
    section shall be the responsibility of the Ambassador-at-Large for
    International Religious Freedom, in consultation with other relevant
    United States Government officials, and shall be subject to prior
    consultation with the Committees on Appropriations.
        (c) Authority.--Funds appropriated by this Act and prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs under the heading ``Economic Support Fund'' may be
    made available notwithstanding any other provision of law for
    assistance for ethnic and religious minorities 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 2021.

                               special provisions

        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 $15,500,000 shall be
            made available for forensic anthropology assistance related to
            the exhumation and identification of victims of war crimes,
            crimes against humanity, and genocide, including in Central
            America, 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, including to
    implement recommendations of the Atrocities Prevention Board:
    Provided, That funds made available pursuant to this subsection are in
    addition to amounts otherwise made available for such purposes:
    Provided further, That such funds shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (d) World Food Programme.--Funds managed by the Bureau for
    Humanitarian Assistance, United States Agency for International
    Development, from this or any other Act, may be made available as a
    general contribution to the World Food Programme, notwithstanding any
    other provision of law.
        (e) Directives and Authorities.--
                (1) Research and training.--Funds appropriated by this Act
            under the heading ``Assistance for Europe, Eurasia and Central
            Asia'' 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, up to $50,000,000 may remain available
            until September 30, 2023:  Provided, That funds made available
            pursuant to this paragraph may only be made available following
            prior consultation with the appropriate congressional
            committees, and the regular notification procedures of the
            Committees on Appropriations.
                (4) Additional authorities.--Of the amounts made available
            by title I of this Act under the heading ``Diplomatic
            Programs'', up to $500,000 may be made available for grants
            pursuant to section 504 of the Foreign Relations Authorization
            Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to
            facilitate collaboration with indigenous communities, and 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
            2021.
                (6) Exchange visitor program.--None of the funds made
            available by this Act may be used to modify the Exchange
            Visitor Program administered by the Department of State to
            implement the Mutual Educational and Cultural Exchange Act of
            1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
            through the formal rulemaking process pursuant to the
            Administrative Procedure Act (5 U.S.C. 551 et seq.) and
            notwithstanding the exceptions to such rulemaking process in
            such Act:  Provided, That funds made available for such purpose
            shall only be made available after consultation with, and
            subject to the regular notification procedures of, the
            Committees on Appropriations, regarding how any proposed
            modification would affect the public diplomacy goals of, and
            the estimated economic impact on, the United States:  Provided
            further, That such consultation shall take place not later than
            30 days prior to the publication in the Federal Register of any
            regulatory action modifying the Exchange Visitor Program.
        (f) Partner Vetting.--Prior to initiating a partner vetting
    program, or making a significant change to the scope of an existing
    partner vetting program, the Secretary of State and USAID
    Administrator, as appropriate, shall consult with the Committees on
    Appropriations:  Provided, That the Secretary and the Administrator
    shall provide a direct vetting option for prime awardees in any partner
    vetting program initiated or significantly modified after the date of
    enactment of this Act, unless the Secretary of State or USAID
    Administrator, as applicable, informs the Committees on Appropriations
    on a case-by-case basis that a direct vetting option is not feasible
    for such program.
        (g) Contingencies.--During fiscal year 2021, the President may use
    up to $125,000,000 under the authority of section 451 of the Foreign
    Assistance Act of 1961, notwithstanding any other provision of law.
        (h) International Child Abductions.--The Secretary of State should
    withhold funds appropriated under title III of this Act for assistance
    for the central government of any country that is not taking
    appropriate steps to comply with the Convention on the Civil Aspects of
    International Child Abductions, done at the Hague on October 25, 1980:
    Provided, That the Secretary shall report to the Committees on
    Appropriations within 15 days of withholding funds under this
    subsection.
        (i) Transfer of Funds for Extraordinary Protection.--The Secretary
    of State may transfer to, and merge with, funds under the heading
    ``Protection of Foreign Missions and Officials'' unobligated balances
    of expired funds appropriated under the heading ``Diplomatic Programs''
    for fiscal year 2021, except for funds designated for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, at no later than the end of the fifth fiscal year after
    the last fiscal year for which such funds are available for the
    purposes for which appropriated:  Provided, That not more than
    $50,000,000 may be transferred.
        (j) Authority.--Funds made available by this Act under the heading
    ``Economic Support Fund'' to counter extremism may be made available
    notwithstanding any other provision of law restricting assistance to
    foreign countries, except sections 502B, 620A, and 620M of the Foreign
    Assistance Act of 1961:  Provided, That the use of the authority of
    this subsection shall be subject to prior consultation with the
    appropriate congressional committees and the regular notification
    procedures of the Committees on Appropriations.
        (k) Protections and Remedies for Employees of Diplomatic Missions
    and International Organizations.--The terms and conditions of section
    7034(k) of the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2020 (division G of Public Law 116-94)
    shall continue in effect during fiscal year 2021.
        (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, 2021'' 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, 2021.
                (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,
            2021'' 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, 2021.
                (B) The authority described in subparagraph (A) may not be
            used to pay an eligible member of the Foreign Service (as
            defined in section 1113(b) of the Supplemental Appropriations
            Act, 2009 (Public Law 111-32)) a locality-based comparability
            payment (stated as a percentage) that exceeds two-thirds of the
            amount of the locality-based comparability payment (stated as a
            percentage) that would be payable to such member under section
            5304 of title 5, United States Code, if such member's official
            duty station were in the District of Columbia.
                (5) Categorical eligibility.--The Foreign Operations,
            Export Financing, and Related Programs Appropriations Act, 1990
            (Public Law 101-167) is amended--
                        (A) in section 599D (8 U.S.C. 1157 note)--
                                (i) in subsection (b)(3), by striking ``and
                            2020'' and inserting ``2020, and 2021''; and
                                (ii) in subsection (e), by striking
                            ``2020'' each place it appears and inserting
                            ``2021''; and
                        (B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
                    striking ``2020'' and inserting ``2021''.
                (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, 2021, and may be used to facilitate the
            assignment of persons for oversight of programs in Syria, South
            Sudan, Yemen, Somalia, and Venezuela.
                (7) 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,
            2021, except that the notification and reporting requirements
            contained in such section shall include the Committees on
            Appropriations.
                (8) 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.
                (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 2021.
                (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.
                (11) Afghan allies.--Section 602(b)(3)(F) of the Afghan
            Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
                        (A) in the heading, by striking ``2015 through
                    2020'' and inserting ``2015 through 2021'';
                        (B) in the matter preceding clause (i), in the
                    first sentence, by striking ``shall'' and all that
                    follows through the period at the end, and inserting
                    ``shall not exceed 26,500.''; and
                        (C) in clauses (i) and (ii), by striking ``December
                    31, 2021'' and inserting ``December 31, 2022''.
        (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 the Department of State and USAID
            shall establish, and 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 Department of State and
            USAID 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 shall be
            made available for ex-post evaluations consistent with the
            requirements under this heading in the explanatory statement
            described in section 4 (in the matter preceding division A of
            this consolidated Act).
        (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) Foreign military financing direct loans.--During fiscal
            year 2021, direct loans under section 23 of the Arms Export
            Control Act may be made available for Jordan, 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 appropriated under the
            heading ``Foreign Military Financing Program'' in 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 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 to the North Atlantic Treaty
            Organization (NATO) or major non-NATO allies 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 paragraph for such costs
            shall not be considered assistance for the purposes of
            provisions of law limiting assistance to a country.
                (3) Foreign military financing loan guarantees.--Funds
            appropriated under the heading ``Foreign Military Financing
            Program'' in this Act and 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 Jordan,
            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 paragraph
            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 paragraph
            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
            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.
                (4) Designation requirement.--Funds made available pursuant
            to paragraphs (1) through (3) from prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs that were previously designated by the
            Congress for Overseas Contingency Operations/Global War on
            Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
            Budget and Emergency Deficit Control Act of 1985 are designated
            by the Congress for Overseas Contingency Operations/Global War
            on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
                (5) 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 $55,000,000 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, 2025.
                (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.
        (q) Definitions.--
                (1) Appropriate congressional committees.--Unless otherwise
            defined in this Act, for purposes of this Act the term
            ``appropriate congressional committees'' means the Committees
            on Appropriations and Foreign Relations of the Senate and the
            Committees on Appropriations and Foreign Affairs of the House
            of Representatives.
                (2) Funds appropriated by this act and prior acts.--Unless
            otherwise defined in this Act, for purposes of this Act the
            term ``funds appropriated by this Act and prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs'' means funds that remain available for
            obligation, and have not expired.
                (3) International financial institutions.--In this Act
            ``international financial institutions'' means the
            International Bank for Reconstruction and Development, the
            International Development Association, the International
            Finance Corporation, the Inter-American Development Bank, the
            International Monetary Fund, the International Fund for
            Agricultural Development, the Asian Development Bank, the Asian
            Development Fund, the Inter-American Investment Corporation,
            the North American Development Bank, the European Bank for
            Reconstruction and Development, the African Development Bank,
            the African Development Fund, and the Multilateral Investment
            Guarantee Agency.
                (4) Spend plan.--In this Act, the term ``spend plan'' means
            a plan for the uses of funds appropriated for a particular
            entity, country, program, purpose, or account and which shall
            include, at a minimum, a description of--
                        (A) realistic and sustainable goals, criteria for
                    measuring progress, and a timeline for achieving such
                    goals;
                        (B) amounts and sources of funds by account;
                        (C) how such funds will complement other ongoing or
                    planned programs; and
                        (D) implementing partners, to the maximum extent
                    practicable.
                (5) Successor operating unit.--Any reference to a
            particular USAID operating unit or office in this 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.
                (7) This act.--Except as expressly provided otherwise, any
            reference to ``this Act'' contained in titles I through VII
            shall be treated as referring only to the provisions of such
            titles.

                          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 consistent with prior
                    fiscal years.
                        (B) The Secretary of State shall offer combat
                    casualty care training and equipment as a component of
                    any package of lethal assistance funded by this Act
                    with funds appropriated under the headings
                    ``Peacekeeping Operations'' and ``Foreign Military
                    Financing Program'':  Provided, That the requirement of
                    this subparagraph shall apply to a country in conflict,
                    unless the Secretary determines that such country has
                    in place, to the maximum extent practicable,
                    functioning combat casualty care treatment and
                    equipment that meets or exceeds the standards
                    recommended by the Committee on Tactical Combat
                    Casualty Care:  Provided further, That any such
                    training and equipment for combat casualty care shall
                    be made available through an open and competitive
                    process.
                (4) Training related to international humanitarian law.--
            The Secretary of State shall offer training related to the
            requirements of international humanitarian law as a component
            of any package of lethal assistance funded by this Act with
            funds appropriated under the headings ``Peacekeeping
            Operations'' and ``Foreign Military Financing Program'':
            Provided, That the requirement of this paragraph shall not
            apply to a country that is a member of the North Atlantic
            Treaty Organization (NATO), is a major non-NATO ally designated
            by section 517(b) of the Foreign Assistance Act of 1961, or is
            complying with international humanitarian law:  Provided
            further, That any such training shall be made available through
            an open and competitive process.
                (5) Security force professionalization.--Funds appropriated
            by this Act under the headings ``International Narcotics
            Control and Law Enforcement'' and ``Peacekeeping Operations''
            shall be made available to increase the capacity of foreign
            military and law enforcement personnel to operate in accordance
            with appropriate standards relating to human rights and the
            protection of civilians in the manner specified under this
            section in Senate Report 116-126, following consultation with
            the Committees on Appropriations:  Provided, That funds made
            available pursuant to this paragraph shall be made available
            through an open and competitive process.
                (6) Global security contingency fund.--Notwithstanding any
            other provision of this Act, up to $7,500,000 from funds
            appropriated by this Act under the headings ``Peacekeeping
            Operations'' and ``Foreign Military Financing Program'' may be
            transferred to, and merged with, funds previously made
            available under the heading ``Global Security Contingency
            Fund'', subject to the regular notification procedures of the
            Committees on Appropriations.
                (7) International prison conditions.--Of the funds
            appropriated by this Act under the headings ``Development
            Assistance'', ``Economic Support Fund'', and ``International
            Narcotics Control and Law Enforcement'', not less than
            $7,500,000 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
            2021.
                (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,
                    2023.''.
                        (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 2021'' and inserting ``2021, 2022, and
                    2023''.
                (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, 2023:
            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) Public disclosure.--For the purposes of 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 assistance for units of
            foreign security forces, the term ``to the maximum extent
            practicable'' in section 620M(d)(7) of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2378d) 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 non-disclosure is in
            the national security interest of the United States:  Provided,
            That any such determination shall include a detailed
            justification, and may be submitted in classified form.
                (7) Duty to inform.--
                        (A) Compliance.--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 such assistance pursuant to section 620M of
                    the Foreign Assistance Act of 1961 to the recipient
                    government, and such assistance shall be made available
                    subject to a written agreement that the recipient
                    government will comply with such prohibition:
                    Provided, That such requirement regarding a written
                    agreement shall take effect not later than December 31,
                    2021.
                        (B) Implementation plan.--Not later than 120 days
                    after enactment of this Act, the Secretary of State
                    shall submit an implementation plan to the Committees
                    on Appropriations including a timeline and mechanisms
                    for executing such agreements by December 31, 2021:
                    Provided, That the Secretary of State shall consult
                    with the Committees on Appropriations prior to
                    submitting such plan.
        (c) Limitations.--
                (1) Child soldiers.--Funds appropriated by this Act should
            not be used to support any military training or operations that
            include child soldiers.
                (2) Landmines and cluster munitions.--
                        (A) Landmines.--Notwithstanding any other provision
                    of law, demining equipment available to the United
                    States Agency for International Development and the
                    Department of State and used in support of the
                    clearance of landmines and unexploded ordnance for
                    humanitarian purposes may be disposed of on a grant
                    basis in foreign countries, subject to such terms and
                    conditions as the Secretary of State may prescribe.
                        (B) Cluster munitions.--No military assistance
                    shall be furnished for cluster munitions, no defense
                    export license for cluster munitions may be issued, and
                    no cluster munitions or cluster munitions technology
                    shall be sold or transferred, unless--
                                (i) the submunitions of the cluster
                            munitions, after arming, do not result in more
                            than 1 percent unexploded ordnance across the
                            range of intended operational environments, and
                            the agreement applicable to the assistance,
                            transfer, or sale of such cluster munitions or
                            cluster munitions technology specifies that the
                            cluster munitions will only be used against
                            clearly defined military targets and will not
                            be used where civilians are known to be present
                            or in areas normally inhabited by civilians; or
                                (ii) such assistance, license, sale, or
                            transfer is for the purpose of demilitarizing
                            or permanently disposing of such cluster
                            munitions.
                (3) Congressional budget justifications.--Of the funds
            realized pursuant to section 21(e)(1)(A) of the Arms Export
            Control Act and made available for obligation for expenses
            incurred by the Department of Defense, Defense Security
            Cooperation Agency (DSCA) during fiscal year 2021 pursuant to
            section 43(b) of the Arms Export Control Act (22 U.S.C.
            2792(b)), $25,000,000 shall be withheld from obligation until
            the DSCA, jointly with the Department of State, submits to the
            Committees on Appropriations the congressional budget
            justification for funds requested under the heading ``Foreign
            Military Financing Program'' for fiscal years 2021 and 2022,
            including the accompanying classified appendices.
                (4) Crowd control items.--Funds appropriated by this Act
            should not be used for tear gas, small arms, light weapons,
            ammunition, or other items for crowd control purposes for
            foreign security forces that use excessive force to repress
            peaceful expression, association, or assembly in countries that
            the Secretary of State determines are undemocratic or are
            undergoing democratic transitions.
        (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 2020, by country and
            purpose of assistance, under the headings ``Peacekeeping
            Operations'', ``International Military Education and
            Training'', and ``Foreign Military Financing Program''.
                (2) Annual foreign military training report.--For the
            purposes of implementing section 656 of the Foreign Assistance
            Act of 1961, the term ``military training provided to foreign
            military personnel by the Department of Defense and the
            Department of State'' shall be deemed to include all military
            training provided by foreign governments with funds
            appropriated to the Department of Defense or the Department of
            State, except for training provided by the government of a
            country designated by section 517(b) of such Act (22 U.S.C.
            2321k(b)) as a major non-North Atlantic Treaty Organization
            ally:  Provided, That such third-country training shall be
            clearly identified in the report submitted pursuant to section
            656 of such Act.

                         arab league boycott of israel

        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.

                             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,
            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

        Sec. 7039. (a) Oversight.--For fiscal year 2021, 30 days prior to
    the initial obligation of funds for the bilateral West Bank and Gaza
    Program, the Secretary of State shall certify to the Committees on
    Appropriations that procedures have been established to assure the
    Comptroller General of the United States will have access to
    appropriate United States financial information in order to review the
    uses of United States assistance for the Program funded under the
    heading ``Economic Support Fund'' for the West Bank and Gaza.
        (b) Vetting.--Prior to the obligation of funds appropriated by this
    Act under the heading ``Economic Support Fund'' for assistance for the
    West Bank and Gaza, the Secretary of State shall take all appropriate
    steps to ensure that such assistance is not provided to or through any
    individual, private or government entity, or educational institution
    that the Secretary knows or has reason to believe advocates, plans,
    sponsors, engages in, or has engaged in, terrorist activity nor, with
    respect to private entities or educational institutions, those that
    have as a principal officer of the entity's governing board or
    governing board of trustees any individual that has been determined to
    be involved in, or advocating terrorist activity or determined to be a
    member of a designated foreign terrorist organization:  Provided, That
    the Secretary of State shall, as appropriate, establish procedures
    specifying the steps to be taken in carrying out this subsection and
    shall terminate assistance to any individual, entity, or educational
    institution which the Secretary has determined to be involved in or
    advocating terrorist activity.
        (c) Prohibition.--
                (1) Recognition of acts of terrorism.--None of the funds
            appropriated under titles III through VI of this Act for
            assistance under the West Bank and Gaza Program may be made
            available for--
                        (A) the purpose of recognizing or otherwise
                    honoring individuals who commit, or have committed acts
                    of terrorism; and
                        (B) any educational institution located in the West
                    Bank or Gaza that is named after an individual who the
                    Secretary of State determines has committed an act of
                    terrorism.
                (2) Security assistance and reporting requirement.--
            Notwithstanding any other provision of law, none of the funds
            made available by this or prior appropriations Acts, including
            funds made available by transfer, may be made available for
            obligation for security assistance for the West Bank and Gaza
            until the Secretary of State reports to the Committees on
            Appropriations on the benchmarks that have been established for
            security assistance for the West Bank and Gaza and reports on
            the extent of Palestinian compliance with such benchmarks.
        (d) Oversight by the United States Agency for International
    Development.--
                (1) The Administrator of the United States Agency for
            International Development shall ensure that Federal or non-
            Federal audits of all contractors and grantees, and significant
            subcontractors and sub-grantees, under the West Bank and Gaza
            Program, are conducted at least on an annual basis to ensure,
            among other things, compliance with this section.
                (2) Of the funds appropriated by this Act, up to $1,000,000
            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 2021 under the heading ``Economic Support
    Fund'', and such audit shall address--
                (1) the extent to which such Program complies with the
            requirements of subsections (b) and (c); and
                (2) an examination of all programs, projects, and
            activities carried out under such Program, including both
            obligations and expenditures.
        (f) Notification Procedures.--Funds made available in this Act for
    West Bank and Gaza shall be subject to the regular notification
    procedures of the Committees on Appropriations.

             limitation on assistance for the palestinian authority

        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.
                (2) Notwithstanding the limitation of paragraph (1),
            assistance may be provided to a power-sharing government only
            if the President certifies and reports to the Committees on
            Appropriations that such government, including all of its
            ministers or such equivalent, has publicly accepted and is
            complying with the principles contained in section 620K(b)(1)
            (A) and (B) of the Foreign Assistance Act of 1961, as amended.
                (3) The President may exercise the authority in section
            620K(e) of the Foreign Assistance Act of 1961, as added by the
            Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
            with respect to this subsection.
                (4) Whenever the certification pursuant to paragraph (2) is
            exercised, the Secretary of State shall submit a report to the
            Committees on Appropriations within 120 days of the
            certification and every quarter thereafter on whether such
            government, including all of its ministers or such equivalent
            are continuing to comply with the principles contained in
            section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
            1961, as amended:  Provided, That the report shall also detail
            the amount, purposes and delivery mechanisms for any assistance
            provided pursuant to the abovementioned certification and a
            full accounting of any direct support of such government.
                (5) None of the funds appropriated under titles III through
            VI of this Act may be obligated for assistance for the
            Palestine Liberation Organization.

                          middle east and north africa

        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 $40,000,000 should be made available for higher
            education programs, including not less than $15,000,000 for
            scholarships for Egyptian students with high financial need to
            attend not-for-profit institutions of higher education in Egypt
            that are currently accredited by a regional accrediting agency
            recognized by the United States Department of Education, or
            meets standards equivalent to those required for United States
            institutional accreditation by a regional accrediting agency
            recognized by such Department:  Provided, That such funds shall
            be made available for democracy programs, and for development
            programs in the Sinai:  Provided further, That such funds may
            not be made available for cash transfer assistance or budget
            support unless the Secretary of State certifies and reports to
            the appropriate congressional committees that the Government of
            Egypt is taking consistent and effective steps to stabilize the
            economy and implement market-based economic reforms.
                (3) Foreign military financing program.--
                        (A) Certification.--Of the funds appropriated by
                    this Act under the heading ``Foreign Military Financing
                    Program'', $1,300,000,000, to remain available until
                    September 30, 2022, 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
                    $225,000,000 of such funds shall be withheld from
                    obligation until the Secretary of State certifies and
                    reports to the Committees on Appropriations that the
                    Government of Egypt is 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), $75,000,000 of the funds made
                    available pursuant to this paragraph shall be withheld
                    from obligation until the Secretary of State determines
                    and reports to the Committees on Appropriations that
                    the Government of Egypt is making clear and consistent
                    progress in releasing political prisoners and providing
                    detainees with due process of law.
                (4) September 13, 2015, attack.--The Secretary of State
            shall encourage good faith negotiations between the relevant
            parties regarding the September 13, 2015, attack against a tour
            group by the Egyptian military during which American April
            Corley was injured:  Provided, That in lieu of the reporting
            requirement under section 7041(a)(4) of the Department of
            State, Foreign Operations, and Related Programs Appropriations
            Act, 2020 (division G of Public Law 116-94), the Secretary of
            State shall report to the Committees on Appropriations on the
            status of such negotiations not later than 60 days after
            enactment of this Act and every 90 days thereafter until
            September 30, 2021.
        (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 116-
            444.
                (2) Reports.--
                        (A) Semi-annual report.--The Secretary of State
                    shall submit to the Committees on Appropriations the
                    semi-annual report required by section 135(d)(4) of the
                    Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
                    added by section 2 of the Iran Nuclear Agreement Review
                    Act of 2015 (Public Law 114-17).
                        (B) Sanctions report.--Not later than 180 days
                    after the date of enactment of this Act, the Secretary
                    of State, in consultation with the Secretary of the
                    Treasury, shall submit to the appropriate congressional
                    committees a report on--
                                (i) the status of United States bilateral
                            sanctions on Iran;
                                (ii) the reimposition and renewed
                            enforcement of secondary sanctions; and
                                (iii) the impact such sanctions have had on
                            Iran's destabilizing activities throughout the
                            Middle East.
        (c) Iraq.--
                (1) Purposes.--Funds appropriated under titles III and IV
            of this Act shall be made available for assistance for Iraq
            for--
                        (A) bilateral economic assistance and international
                    security assistance, including in the Kurdistan Region
                    of Iraq;
                        (B) stabilization assistance, including in Anbar
                    Province;
                        (C) justice sector strengthening;
                        (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 116-444.
                (2) United states consulate general basrah.--Any change in
            the status of operations at United States Consulate General
            Basrah, including the return of Consulate property located
            adjacent to the Basrah International Airport to the Government
            of Iraq, shall be subject to prior consultation with the
            appropriate congressional committees and the regular
            notification procedures of the Committees on Appropriations.
                (3) Basing rights agreement.--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) 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; not
    less than $10,000,000 shall be made available for programs and
    activities for which policy justifications and decisions shall be the
    responsibility of the United States Chief of Mission in Jordan; and not
    less than $425,000,000 shall be made available under the heading
    ``Foreign Military Financing Program''.
        (e) Lebanon.--
                (1) Assistance.--Funds appropriated under titles III and IV
            of this Act shall be made available for assistance for Lebanon:
             Provided, That such funds made available under the heading
            ``Economic Support Fund'' may be made available notwithstanding
            section 1224 of the Foreign Relations Authorization Act, Fiscal
            Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
                (2) Security assistance.--
                        (A) Funds appropriated by this Act under the
                    headings ``International Narcotics Control and Law
                    Enforcement'' and ``Foreign Military Financing
                    Program'' that are made available for assistance for
                    Lebanon may be made available for programs and
                    equipment for the Lebanese Internal Security Forces
                    (ISF) and the Lebanese Armed Forces (LAF) to address
                    security and stability requirements in areas affected
                    by conflict in Syria, following consultation with the
                    appropriate congressional committees.
                        (B) Funds appropriated by this Act under the
                    heading ``Foreign Military Financing Program'' that are
                    made available for assistance for Lebanon may only be
                    made available for programs to--
                                (i) professionalize the LAF to mitigate
                            internal and external threats from non-state
                            actors, including Hizballah;
                                (ii) strengthen border security and combat
                            terrorism, including training and equipping the
                            LAF to secure the borders of Lebanon and
                            address security and stability requirements in
                            areas affected by conflict in Syria,
                            interdicting arms shipments, and preventing the
                            use of Lebanon as a safe haven for terrorist
                            groups; and
                                (iii) implement United Nations Security
                            Council Resolution 1701:
                      Provided, That prior to obligating funds made
                    available by this subparagraph for assistance for the
                    LAF, the Secretary of State shall submit to the
                    Committees on Appropriations a spend plan, including
                    actions to be taken to ensure equipment provided to the
                    LAF is used only for the intended purposes, except such
                    plan may not be considered as meeting the notification
                    requirements under section 7015 of this Act or under
                    section 634A of the Foreign Assistance Act of 1961, and
                    shall be submitted not later than June 1, 2021:
                    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).
        (f) Libya.--
                (1) Assistance.--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.
                (2) Certification.--Prior to the initial obligation of
            funds made available by this Act for assistance for Libya, the
            Secretary of State shall certify and report to the Committees
            on Appropriations that all practicable steps have been taken to
            ensure that mechanisms are in place for monitoring, oversight,
            and control of such funds.
        (g) Morocco.--
                (1) Availability and consultation requirement.--Funds
            appropriated under title III of this Act shall be made
            available for assistance for the Western Sahara:  Provided,
            That not later than 90 days after enactment of this Act and
            prior to the obligation of such funds, the Secretary of State,
            in consultation with the Administrator of the United States
            Agency for International Development, shall consult with the
            Committees on Appropriations on the proposed uses of such
            funds.
                (2) Foreign military financing program.--Funds appropriated
            by this Act under the heading ``Foreign Military Financing
            Program'' that are available for assistance for Morocco may
            only be used for the purposes requested in the Congressional
            Budget Justification, Foreign Operations, Fiscal Year 2017.
        (h) Saudi Arabia.--
                (1) International military education and training.--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.
        (i) Syria.--
                (1) Non-lethal assistance.--Of the funds appropriated by
            this Act under the headings ``Economic Support Fund'',
            ``International Narcotics Control and Law Enforcement'', and
            ``Peacekeeping Operations'', not less than $40,000,000 shall be
            made available, notwithstanding any other provision of law, for
            non-lethal stabilization assistance for Syria, of which not
            less than $7,000,000 shall be made available for emergency
            medical and rescue response and chemical weapons use
            investigations.
                (2) Limitations.--Funds made available pursuant to
            paragraph (1) of this subsection--
                        (A) may not be made available for a project or
                    activity that supports or otherwise legitimizes the
                    Government of Iran, foreign terrorist organizations (as
                    designated pursuant to section 219 of the Immigration
                    and Nationality Act (8 U.S.C. 1189)), or a proxy of
                    Iran in Syria;
                        (B) may not be made available for activities that
                    further the strategic objectives of the Government of
                    the Russian Federation that the Secretary of State
                    determines may threaten or undermine United States
                    national security interests; and
                        (C) should not be used in areas of Syria controlled
                    by a government led by Bashar al-Assad or associated
                    forces.
                (3) Monitoring and oversight.--Prior to the obligation of
            any funds appropriated by this Act and made available for
            assistance for Syria, the Secretary of State shall take all
            practicable steps to ensure that mechanisms are in place for
            monitoring, oversight, and control of such assistance inside
            Syria.
                (4) Consultation and notification.--Funds made available
            pursuant to this subsection may only be made available
            following consultation with the appropriate congressional
            committees, and shall be subject to the regular notification
            procedures of the Committees on Appropriations.
        (j) Tunisia.--Of the funds appropriated under titles III and IV of
    this Act and prior Acts making appropriations for the Department of
    State, foreign operations, and related programs, not less than
    $241,400,000 shall be made available for assistance for Tunisia.
        (k) West Bank and Gaza.--
                (1) 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.
                (2) Limitations.--
                        (A)(i) None of the funds appropriated under the
                    heading ``Economic Support Fund'' in this Act may be
                    made available for assistance for the Palestinian
                    Authority, if after the date of enactment of this Act--
                                        (I) the Palestinians obtain the
                                    same standing as member states or full
                                    membership as a state in the United
                                    Nations or any specialized agency
                                    thereof outside an agreement negotiated
                                    between Israel and the Palestinians; or
                                        (II) the Palestinians initiate an
                                    International Criminal Court (ICC)
                                    judicially authorized investigation, or
                                    actively support such an investigation,
                                    that subjects Israeli nationals to an
                                    investigation for alleged crimes
                                    against Palestinians.
                                (ii) The Secretary of State may waive the
                            restriction in clause (i) of this subparagraph
                            resulting from the application of subclause (I)
                            of such clause if the Secretary certifies to
                            the Committees on Appropriations that to do so
                            is in the national security interest of the
                            United States, and submits a report to such
                            Committees detailing how the waiver and the
                            continuation of assistance would assist in
                            furthering Middle East peace.
                        (B)(i) The President may waive the provisions of
                    section 1003 of the Foreign Relations Authorization
                    Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if
                    the President determines and certifies in writing to
                    the Speaker of the House of Representatives, the
                    President pro tempore of the Senate, and the
                    appropriate congressional committees that the
                    Palestinians have not, after the date of enactment of
                    this Act--
                                        (I) obtained in the United Nations
                                    or any specialized agency thereof the
                                    same standing as member states or full
                                    membership as a state outside an
                                    agreement negotiated between Israel and
                                    the Palestinians; and
                                        (II) initiated or actively
                                    supported an ICC investigation against
                                    Israeli nationals for alleged crimes
                                    against Palestinians.
                                (ii) Not less than 90 days after the
                            President is unable to make the certification
                            pursuant to clause (i) of this subparagraph,
                            the President may waive section 1003 of Public
                            Law 100-204 if the President determines and
                            certifies in writing to the Speaker of the
                            House of Representatives, the President pro
                            tempore of the Senate, and the Committees on
                            Appropriations that the Palestinians have
                            entered into direct and meaningful negotiations
                            with Israel:  Provided, That any waiver of the
                            provisions of section 1003 of Public Law 100-
                            204 under clause (i) of this subparagraph or
                            under previous provisions of law must expire
                            before the waiver under the preceding sentence
                            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.
                (3) 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).
                (4) 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.
                (5) 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.
        (l) Yemen.--Funds appropriated under title III and under the
    headings ``International Narcotics Control and Law Enforcement'' and
    ``Nonproliferation, Anti-terrorism, Demining and Related Programs'' of
    this Act and prior Acts making appropriations for the Department of
    State, foreign operations, and related programs shall be made available
    for health, humanitarian, and stabilization assistance for Yemen.

                                     africa

        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) Cameroon.--Funds appropriated under title IV of this Act that
    are made available for assistance for the armed forces of Cameroon,
    including the Rapid Intervention Battalion, may only be made available
    to counter regional terrorism, including Boko Haram and other Islamic
    State affiliates, participate in international peacekeeping operations,
    and for military education and maritime security programs.
        (c) 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.
        (d) 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.
        (e) 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.
        (f) Lake Chad Basin Countries.--Funds appropriated under titles III
    and IV of this Act shall be made available for assistance for Cameroon,
    Chad, Niger, and Nigeria for--
                (1) democracy, development, and health programs;
                (2) assistance for individuals targeted by foreign
            terrorist and other extremist organizations, including Boko
            Haram, consistent with the provisions of section 7059 of this
            Act;
                (3) assistance for individuals displaced by violent
            conflict; and
                (4) counterterrorism programs.
        (g) Malawi.--Of the funds appropriated by this Act under the
    heading ``Development Assistance'', not less than $60,000,000 shall be
    made available for assistance for Malawi, of which up to $10,000,000
    shall be made available for higher education programs.
        (h) Sahel Stabilization and Security.--Funds appropriated under
    titles III and IV of this Act shall be made available for
    stabilization, health, development, and security programs in the
    countries of the Sahel region.
        (i) South Sudan.--
                (1) Assistance.--Of the funds appropriated under title III
            of this Act that are made available for assistance for South
            Sudan, not less than $15,000,000 shall be made available for
            democracy programs and not less than $8,000,000 shall be made
            available for conflict mitigation and reconciliation programs.
                (2) Limitation on assistance for the central government.--
            Funds appropriated by this Act that are made available for
            assistance for the central Government of South Sudan may only
            be made available, following consultation with the Committees
            on Appropriations, for--
                        (A) humanitarian assistance;
                        (B) health programs, including to prevent, detect,
                    and respond to infectious diseases;
                        (C) assistance to support South Sudan peace
                    negotiations or to advance or implement a peace
                    agreement; and
                        (D) assistance to support implementation of
                    outstanding issues of the Comprehensive Peace Agreement
                    and mutual arrangements related to such agreement:
              Provided, That prior to the initial obligation of funds made
            available pursuant to subparagraphs (C) and (D), the Secretary
            of State shall consult with the Committees on Appropriations on
            the intended uses of such funds and steps taken by such
            government to advance or implement a peace agreement.
        (j) Sudan.--
                (1) Assistance.--
                        (A) Of the funds appropriated under title III of
                    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, not less than
                    $60,000,000 shall be made available for assistance for
                    Sudan, following consultation with the Committees on
                    Appropriations:  Provided, That amounts repurposed
                    pursuant to this subparagraph that were previously
                    designated by the Congress for Overseas Contingency
                    Operations/Global War on Terrorism pursuant to section
                    251(b)(2)(A)(ii) of the Balanced Budget and Emergency
                    Deficit Control Act of 1985 are designated by the
                    Congress for Overseas Contingency Operations/Global War
                    on Terrorism pursuant to section 251(b)(2)(A)(ii) of
                    such Act:  Provided further, That notwithstanding any
                    other provision of law, such funds may be made
                    available for agriculture and economic growth programs,
                    and economic assistance for marginalized areas in Sudan
                    and Abyei.
                        (B) None of the funds appropriated under title IV
                    of this Act may be made available for assistance for
                    the Government of Sudan, except assistance 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.
                (2) Extension of authorization.--Section 501(i) of title V
            of H.R. 3425 of the 106th Congress, as enacted into law by
            section 1000(a)(5) of Public Law 106-113 (113 Stat. 1501, 1535-
            36), and set forth in Appendix E thereof (113 Stat. 1501A-289,-
            313), as most recently amended by section 904(b) of the Further
            Consolidated Appropriations Act, 2020 (Public Law 116-94, 113
            Stat. 2534, 3086), is further amended by striking ``2000-2021''
            and inserting ``2000-2025''.
                (3) Consultation.--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.
        (k) 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).

                           east asia and the pacific

        Sec. 7043. (a) Burma.--
                (1) Bilateral economic assistance.--
                        (A) Of the funds appropriated under title III and
                    under the heading ``International Narcotics Control and
                    Law Enforcement'' of this Act, not less than
                    $134,950,000 shall be made available for assistance for
                    Burma:  Provided, That such funds may be made available
                    notwithstanding any other provision of law and
                    following consultation with the appropriate
                    congressional committees:  Provided further, That such
                    funds shall be made available for programs to promote
                    ethnic and religious tolerance and to combat gender-
                    based violence, including in Kachin, Karen, Rakhine,
                    and Shan states:  Provided further, That such funds
                    shall be made available for programs to strengthen
                    media and civil society organizations:  Provided
                    further, That such funds may be made available for
                    ethnic groups and civil society in Burma to help
                    sustain ceasefire agreements and further prospects for
                    reconciliation and peace, which may include support to
                    representatives of ethnic armed groups for this
                    purpose.
                        (B) Funds appropriated under title III of this Act
                    for assistance for Burma shall be made available for
                    community-based organizations 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'':  Provided, That
                    such funds may be available for programs to support the
                    return of Kachin, Karen, Rohingya, Shan, and other
                    refugees and internally displaced persons to their
                    locations of origin or preference in Burma only if such
                    returns are voluntary and consistent with international
                    law.
                        (C) Funds appropriated under title III of this Act
                    for assistance for Burma that are made available for
                    assistance for the Government of Burma to support the
                    implementation of Nationwide Ceasefire Agreement
                    conferences, committees, and other procedures may only
                    be made available if the Secretary of State reports to
                    the Committees on Appropriations that such conferences,
                    committees, and procedures are directed toward a
                    sustainable peace and the Government of Burma is
                    implementing its commitments under such Agreement.
                (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:  Provided, That the Department of State may continue
            consultations with the armed forces of Burma only on human
            rights and disaster response in a manner consistent with the
            prior fiscal year, and following consultation with the
            appropriate congressional committees.
                (3) Limitations.--None of the funds appropriated under
            title III of this Act for assistance for Burma may be made
            available to any organization or entity controlled by 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 2021 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 $85,505,000 shall be made available
            for assistance for Cambodia.
                (2) Certification and exceptions.--
                        (A) Certification.--None of the funds appropriated
                    by this Act that are made available for assistance for
                    the Government of Cambodia may be obligated or expended
                    unless the Secretary of State certifies and reports to
                    the Committees on Appropriations that such Government
                    is taking effective steps to--
                                (i) strengthen regional security and
                            stability, particularly regarding territorial
                            disputes in the South China Sea and the
                            enforcement of international sanctions with
                            respect to North Korea;
                                (ii) assert its sovereignty against
                            interference by the People's Republic of China,
                            including by verifiably maintaining the
                            neutrality of Ream Naval Base, other military
                            installations in Cambodia, and dual use
                            facilities such as the Dara Sakor development
                            project;
                                (iii) cease violence and harassment against
                            civil society and the political opposition in
                            Cambodia, and dismiss any politically motivated
                            criminal charges against those who criticize
                            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 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 $1,482,000,000 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 chinese 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 Chinese Influence Fund to
            counter the malign influence of the Government of the People's
            Republic of China and the Chinese Communist Party and entities
            acting on their behalf globally, which shall be subject to
            prior consultation with the Committees on Appropriations:
            Provided, That such funds are in addition to amounts otherwise
            made available for such purposes:  Provided further, That such
            funds appropriated under such headings may be transferred to,
            and merged with, funds appropriated under such headings:
            Provided further, That such transfer authority is in addition
            to any other transfer authority provided by this Act or any
            other Act, and is subject to the regular notification
            procedures of the Committees on Appropriations.
                (3) Restriction on uses of funds.--None of the funds
            appropriated by this Act and prior Acts making appropriations
            for the Department of State, foreign operations, and related
            programs may be made available for any project or activity that
            directly supports or promotes--
                        (A) the Belt and Road Initiative or any dual-use
                    infrastructure projects of the People's Republic of
                    China; and
                        (B) the use of technology, including biotechnology,
                    digital, telecommunications, and cyber, developed by
                    the People's Republic of China unless the Secretary of
                    State, in consultation with the USAID Administrator and
                    the heads of other Federal agencies, as appropriate,
                    determines that such use does not adversely impact the
                    national security of the United States.
        (d) Laos.--Of the funds appropriated under titles III and IV of
    this Act, not less than $80,930,000 shall be made available for
    assistance for Laos.
        (e) North Korea.--
                (1) Cybersecurity.--None of the funds appropriated by this
            Act or prior Acts making appropriations for the Department of
            State, foreign operations, and related programs may be made
            available for assistance for the central government of a
            country the Secretary of State determines and reports to the
            appropriate congressional committees engages in significant
            transactions contributing materially to the malicious cyber-
            intrusion capabilities of the Government of North Korea:
            Provided, That the Secretary of State shall submit the report
            required by section 209 of the North Korea Sanctions and Policy
            Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C. 9229) to
            the Committees on Appropriations:  Provided further, That the
            Secretary of State may waive the application of the restriction
            in this paragraph with respect to assistance for the central
            government of a country if the Secretary determines and reports
            to the appropriate congressional committees that to do so is
            important to the national security interest of the United
            States, including a description of such interest served.
                (2) Broadcasts.--Funds appropriated by this Act under the
            heading ``International Broadcasting Operations'' shall be made
            available to maintain broadcasting hours into North Korea at
            levels not less than the prior fiscal year.
                (3) Human rights.--Funds appropriated by this Act under the
            headings ``Economic Support Fund'' and ``Democracy Fund'' shall
            be made available for the promotion of human rights in North
            Korea:  Provided, That the authority of section 7032(b)(1) of
            this Act shall apply to such funds.
                (4) Limitation on use of funds.--None of the funds made
            available by this Act under the heading ``Economic Support
            Fund'' may be made available for assistance for the Government
            of North Korea.
        (f) People's Republic of China.--
                (1) Limitation on use of funds.--None of the funds
            appropriated under the heading ``Diplomatic Programs'' in this
            Act may be obligated or expended for processing licenses for
            the export of satellites of United States origin (including
            commercial satellites and satellite components) to the People's
            Republic of China (PRC) unless, at least 15 days in advance,
            the Committees on Appropriations are notified of such proposed
            action.
                (2) People's liberation army.--The terms and requirements
            of section 620(h) of the Foreign Assistance Act of 1961 shall
            apply to foreign assistance projects or activities of the
            People's Liberation Army (PLA) of the PRC, to include such
            projects or activities by any entity that is owned or
            controlled by, or an affiliate of, the PLA:  Provided, That
            none of the funds appropriated or otherwise made available
            pursuant to this Act may be used to finance any grant,
            contract, or cooperative agreement with the PLA, or any entity
            that the Secretary of State has reason to believe is owned or
            controlled by, or an affiliate of, the PLA.
                (3) Hong kong.--
                        (A) Democracy programs.--Of the funds appropriated
                    by this Act under the first paragraph under the heading
                    ``Democracy Fund'', not less than $3,000,000 shall be
                    made available for democracy and Internet freedom
                    programs for Hong Kong, including legal and other
                    support for democracy activists.
                        (B) Restrictions on assistance.--None of the funds
                    appropriated by this Act or prior Acts making
                    appropriations for the Department of State, foreign
                    operations, and related programs that are made
                    available for assistance for Hong Kong should be
                    obligated for assistance for the Government of the
                    People's Republic of China and the Chinese Communist
                    Party or any entity acting on their behalf in Hong
                    Kong.
                        (C) Report.--Funds appropriated under title I of
                    this Act shall be made available to prepare and submit
                    to Congress the report required by section 301 of the
                    United States-Hong Kong Policy Act of 1992 (22 U.S.C.
                    5731), which shall include the information described in
                    section 7043(f)(4)(B) of the Department of State,
                    Foreign Operations, and Related Programs Appropriations
                    Act, 2020 (division G of Public Law 116-94) and under
                    this paragraph in the explanatory statement described
                    in section 4 (in the matter preceding division A of
                    this consolidated Act).
                (4) Uyghurs and other muslim minorities.--The determination
            described under this heading in the explanatory statement
            described in section 4 (in the matter preceding division A of
            this consolidated Act) shall be submitted to the appropriate
            congressional committees not later than 90 days after enactment
            of this Act.
                (5) Clarification.--Funds appropriated by this Act and
            prior Acts making appropriations for the Department of State,
            foreign operations, and related programs that are made
            available for programs in the People's Republic of China may be
            used to counter the impact of Chinese influence and investments
            in the Greater Mekong Subregion, following consultation with
            the Committees on Appropriations.
        (g) Philippines.--None of the funds appropriated by this Act may be
    made available for counternarcotics assistance for the Philippines,
    except for drug demand reduction, maritime law enforcement, or
    transnational interdiction.
        (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
            $8,000,000 shall be made available to nongovernmental
            organizations to support activities which preserve cultural
            traditions and promote sustainable development, education, and
            environmental conservation in Tibetan communities in the Tibet
            Autonomous Region and in other Tibetan communities in China.
                (B) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'', not less than $6,000,000 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.
        (i) Vietnam.--Of the funds appropriated under titles III and IV of
    this Act, not less than $169,739,000 shall be made available for
    assistance for Vietnam, of which not less than--
                (1) $14,500,000 shall be made available for health and
            disability programs in areas sprayed with Agent Orange and
            contaminated with dioxin, to assist individuals with severe
            upper or lower body mobility impairment or cognitive or
            developmental disabilities;
                (2) $19,000,000 shall be made available, 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; and
                (3) $2,500,000 shall be made available for a war legacy
            reconciliation program.

                             south and central asia

        Sec. 7044. (a) Afghanistan.--
                (1) Funding and limitations.--Funds appropriated by this
            Act under the headings ``Economic Support Fund'' and
            ``International Narcotics Control and Law Enforcement'' that
            are made available for assistance for Afghanistan--
                        (A) shall be made available to implement the South
                    Asia Strategy, the Revised Strategy for United States
                    Engagement in Afghanistan, and the United States Agency
                    for International Development Country Development
                    Cooperation Strategy for Afghanistan;
                        (B) shall be made available for programs that
                    implement and support comprehensive strategies to
                    combat corruption in Afghanistan, with an emphasis on
                    public disclosure of government receipts and
                    expenditures and prosecution and punishment of corrupt
                    officials;
                        (C) shall be made available to continue support for
                    not-for-profit institutions of higher education in
                    Kabul, Afghanistan that are accessible to both women
                    and men in a coeducational environment, including for
                    the costs for operations and security for such
                    institutions;
                        (D) shall be made available for programs that
                    protect and strengthen the rights of Afghan women and
                    girls and promote the political and economic
                    empowerment of women including their meaningful
                    inclusion in political processes:  Provided, That such
                    assistance to promote the economic empowerment of women
                    shall be made available as grants to Afghan
                    organizations, to the maximum extent practicable;
                        (E) shall prioritize, unless the Secretary of State
                    or the Administrator of the United States Agency for
                    International Development, as appropriate, determines
                    that security conditions do not permit or risk
                    deterioration, assistance to support long-term
                    development in areas previously under the control of
                    the Taliban or other violent extremist groups:
                    Provided, That such funds may be made available
                    notwithstanding any other provision of law and
                    following consultation with the Committees on
                    Appropriation;
                        (F) may not be made available for any program,
                    project, or activity pursuant to section 7044(a)(1)(C)
                    of the Department of State, Foreign Operations, and
                    Related Programs Appropriations Act, 2019 (division F
                    of Public Law 116-6); and
                        (G) may be made available, notwithstanding any
                    other provision of law, for programs and activities to
                    address the needs of the people of Afghanistan in
                    support of peace and reconciliation, including
                    reintegration of former Taliban and other extremists.
                (2) Afghan women.--
                        (A) In general.--The Secretary of State shall
                    promote and ensure the meaningful participation of
                    Afghan women in any discussions between the Government
                    of Afghanistan and the Taliban related to the future of
                    Afghanistan in a manner consistent with the Women,
                    Peace, and Security Act of 2017 (Public Law 115-68) and
                    the 2019 United States Strategy on Women, Peace, and
                    Security, including through--
                                (i) advocacy by the United States
                            Government for the inclusion of Afghan women
                            representatives, particularly from civil
                            society and rural provinces, in ongoing and
                            future discussion;
                                (ii) the leveraging of assistance for the
                            protection of women and girls and their rights;
                            and
                                (iii) efforts to ensure that any agreement
                            protects women's and girl's rights and ensures
                            their freedom of movement, rights to education
                            and work, and access to healthcare and legal
                            representation.
                        (B) Assistance.--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'' shall be made
                    available for an endowment pursuant to paragraph
                    (3)(A)(iv) of this subsection for a not-for-profit
                    institution of higher education in Kabul, Afghanistan
                    that is accessible to both women and men in a
                    coeducational environment:  Provided, That such
                    endowment shall be established in partnership with a
                    United States-based American higher education
                    institution that will serve on its board of trustees:
                    Provided further, That prior to the obligation of funds
                    for such an endowment, the Administrator of the United
                    States Agency for International Development shall
                    submit a report to the Committees on Appropriations
                    describing the governance structure, including a
                    proposed board of trustees, and financial safeguards,
                    including regular audit and reporting requirements, in
                    any endowment agreement:  Provided further, That the
                    USAID Administrator shall provide a report on the
                    expenditure of funds generated from such an endowment
                    to the Committees on Appropriations on an annual basis.
                (3) Authorities.--
                        (A) Funds appropriated by this Act under titles III
                    through VI that are made available for assistance for
                    Afghanistan may be made available--
                                (i) notwithstanding section 7012 of this
                            Act or any similar provision of law and section
                            660 of the Foreign Assistance Act of 1961;
                                (ii) for reconciliation programs and
                            disarmament, demobilization, and reintegration
                            activities for former combatants who have
                            renounced violence against the Government of
                            Afghanistan, including in accordance with
                            section 7046(a)(2)(B)(ii) of the Department of
                            State, Foreign Operations, and Related Programs
                            Appropriations Act, 2012 (division I of Public
                            Law 112-74);
                                (iii) for an endowment to empower women and
                            girls; and
                                (iv) for an endowment for higher education.
                        (B) Section 7046(a)(2)(A) of the Department of
                    State, Foreign Operations, and Related Programs
                    Appropriations Act, 2012 (division I of Public Law 112-
                    74) shall apply to funds appropriated by this Act for
                    assistance for Afghanistan.
                        (C) Of the funds appropriated by this Act under the
                    heading ``Diplomatic Programs'', up to $3,000,000 may
                    be transferred to any other appropriation of any
                    department or agency of the United States Government,
                    upon the concurrence of the head of such department or
                    agency, to support operations in, and assistance for,
                    Afghanistan and to carry out the provisions of the
                    Foreign Assistance Act of 1961:  Provided, That any
                    such transfer shall be subject to the regular
                    notification procedures of the Committees on
                    Appropriations.
                (4) Agreement, report, and certification.--Funds
            appropriated by this Act shall be made available for the
            following purposes--
                        (A) the submission to the appropriate congressional
                    committees by the President of a copy of any agreement
                    or arrangement between the Government of the United
                    States and the Taliban relating to the United States
                    presence in Afghanistan or Taliban commitments on the
                    future of Afghanistan, which shall be submitted not
                    later than 30 days after finalizing or amending such an
                    agreement or arrangement:  Provided, That not later
                    than 30 days after enactment of this Act and every 60
                    days thereafter until September 30, 2021, the Secretary
                    of State shall submit to such committees a report
                    detailing and assessing the activities of the Taliban
                    to abide by their commitments in such agreement or
                    arrangement; and
                        (B) the submission to the appropriate congressional
                    committees of a joint certification by the Secretary of
                    State and Secretary of Defense that such agreement or
                    arrangement, or any amendment to such agreement or
                    arrangement, will further the objective of setting
                    conditions for the long-term defeat of al Qaeda and
                    Islamic State and will not make the United States more
                    vulnerable to terrorist attacks originating from
                    Afghanistan or supported by terrorist elements in
                    Afghanistan:  Provided, That the initial joint
                    certification to such committees shall be submitted
                    upon enactment of this Act, and additional joint
                    certifications, as appropriate, shall be submitted to
                    such committees not later than 30 days after any
                    amendment to such agreement or arrangement.
                (5) Updated strategy.--Not less than 90 days after
            enactment of this Act, the Secretary of State, in consultation
            with the heads of other relevant Federal agencies, shall submit
            to the appropriate congressional committees a comprehensive,
            multi-year strategy for diplomatic and development engagement
            with the Government of Afghanistan that reflects the agreement
            between the United States and the Taliban, as well as intra-
            Afghan negotiations:  Provided, That such strategy shall
            include a component to protect and strengthen women and girl's
            welfare and rights, including in any intra-Afghan negotiation
            and during the implementation of any peace agreement:  Provided
            further, That such strategy shall describe the anticipated
            United States diplomatic and military presence in Afghanistan
            over a multi-year period and related strategy for mitigating
            and countering ongoing terrorist threats and violent extremism:
             Provided further, That the Secretary of State shall consult
            with such committees on the parameters of such strategy:
            Provided further, That the strategy required by this paragraph
            shall be submitted in unclassified form, but may be accompanied
            by a classified annex.
                (6) Basing rights agreement.--None of the funds made
            available by this Act may be used by the United States
            Government to enter into a permanent basing rights agreement
            between the United States and Afghanistan.
        (b) Bangladesh.--Of the funds appropriated under titles III and IV
    of this Act, not less than $198,323,000 shall be made available for
    assistance for Bangladesh, of which--
                (1) not less than $23,500,000 shall be made available to
            address the needs of communities impacted by refugees from
            Burma;
                (2) not less than $10,000,000 shall be made available for
            programs to protect freedom of expression and due process of
            law; and
                (3) not less than $23,300,000 shall be made available for
            democracy programs, of which not less than $2,000,000 shall be
            made available for such programs for the Rohingya community in
            Bangladesh.
        (c) Nepal.--
                (1) Assistance.--Of the funds appropriated under titles III
            and IV of this Act, not less than $130,265,000 shall be made
            available for assistance for Nepal, including for development
            and democracy programs.
                (2) Foreign military financing program.--Funds appropriated
            by this Act under the heading ``Foreign Military Financing
            Program'' shall only be made available for humanitarian and
            disaster relief and reconstruction activities in Nepal, and in
            support of international peacekeeping operations:  Provided,
            That such funds may only be made available for any 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, and the Nepal Army is cooperating fully with
            civilian judicial authorities in such cases.
        (d) Pakistan.--
                (1) Terms and conditions.--The terms and conditions of
            section 7044(c) of the Department of State, Foreign Operations,
            and Related Programs Appropriations Act, 2019 (division F of
            Public Law 116-6) shall continue in effect during fiscal year
            2021.
                (2) Assistance.--Of the funds appropriated under title III
            of this Act that are made available for assistance for
            Pakistan, not less than $15,000,000 shall be made available for
            democracy programs and not less than $10,000,000 shall be made
            available for gender programs.
                (3) Clarification.--Notwithstanding paragraph (1), section
            7044(d)(4)(A) of the Department of State, Foreign Operations,
            and Related Programs Appropriations Act, 2015 (division J of
            Public Law 113-235) is amended by striking ``shall'' and
            inserting in lieu thereof ``may''.
        (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:  Provided,
            That such funds shall be made available for programs to assist
            in the identification and resolution of cases of missing
            persons.
                (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) respect and uphold the rights and freedoms of
                    the people of Sri Lanka regardless of ethnicity and
                    religious belief, including by investigating violations
                    of human rights and holding perpetrators of such
                    violations accountable;
                        (B) increase transparency and accountability in
                    governance;
                        (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 post-conflict
                            reconciliation and regional security;
                                (iv) repealing or amending laws on arrest
                            and detention by security forces to comply with
                            international standards; and
                                (v) investigating allegations of arbitrary
                            arrest and torture, and supporting a credible
                            justice mechanism:
                      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) International security assistance.--Of the funds
            appropriated by this Act and prior Acts making appropriations
            for the Department of State, foreign operations, and related
            programs under the heading ``Foreign Military Financing
            Program'', up to $15,000,000 may be made available for
            assistance for Sri Lanka for the refurbishing of a high
            endurance cutter:  Provided, That in addition to such funds, up
            to $500,000 may be made available only for programs to support
            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:  Provided further, That
            amounts repurposed pursuant to this paragraph that were
            previously designated by the Congress, respectively, as an
            emergency requirement or for Overseas Contingency Operations/
            Global War on Terrorism pursuant to the Balanced Budget and
            Emergency Deficit Control Act of 1985 are designated by the
            Congress as being for an emergency requirement pursuant to
            section 251(b)(2)(A)(i) of such Act or for Overseas Contingency
            Operations/Global War on Terrorism pursuant to section
            251(b)(2)(A)(ii) of such Act.
        (f) Regional Programs.--Funds appropriated by this Act shall be
    made available for assistance for Afghanistan, Pakistan, and other
    countries in South and Central Asia to significantly increase the
    recruitment, training, and retention of women in the judiciary, police,
    and other security forces, and to train judicial and security personnel
    in such countries to prevent and address gender-based violence, human
    trafficking, and other practices that disproportionately harm women and
    girls.

                        latin america and the caribbean

        Sec. 7045. (a) Central America.--
                (1) Assistance.--Of the funds appropriated by this Act
            under titles III and IV, $505,925,000 should 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 and activities
            that address the key factors that contribute to the migration
            of unaccompanied, undocumented minors to the United States and
            such funds shall be made available for global health,
            humanitarian, development, democracy, border security, and law
            enforcement programs for such countries, including for programs
            to reduce violence against women and girls and to combat
            corruption, and for support of commissions against corruption
            and impunity, as appropriate:  Provided further, That not less
            than $45,000,000 shall be made available for support of offices
            of Attorneys General and of other entities and activities to
            combat corruption and impunity in such countries.
                (2) Northern triangle.--
                        (A) Limitation on assistance to certain central
                    governments.--Of the funds made available pursuant to
                    paragraph (1) under the heading ``Economic Support
                    Fund'' and under title IV of this Act that are made
                    available for assistance for each of the central
                    governments of El Salvador, Guatemala, and Honduras, 50
                    percent may only be obligated after the Secretary of
                    State certifies and reports to the Committees on
                    Appropriations that such government is--
                                (i) combating corruption and impunity,
                            including prosecuting corrupt government
                            officials;
                                (ii) implementing reforms, policies, and
                            programs to increase transparency and
                            strengthen public institutions;
                                (iii) protecting the rights of civil
                            society, opposition political parties, and the
                            independence of the media;
                                (iv) providing effective and accountable
                            law enforcement and security for its citizens,
                            and upholding due process of law;
                                (v) implementing policies to reduce poverty
                            and promote equitable economic growth and
                            opportunity;
                                (vi) upholding the independence of the
                            judiciary and of electoral institutions;
                                (vii) improving border security;
                                (viii) combating human smuggling and
                            trafficking and countering the activities of
                            criminal gangs, drug traffickers, and
                            transnational criminal organizations;
                                (ix) informing its citizens of the dangers
                            of the journey to the southwest border of the
                            United States; and
                                (x) 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 governments, such assistance for
                    such central government shall be reprogrammed for
                    assistance for other countries in Latin America and the
                    Caribbean, notwithstanding the minimum funding
                    requirements of this subsection and of section 7019 of
                    this Act:  Provided, That any such reprogramming shall
                    be subject to the regular notification procedures of
                    the Committees on Appropriations.
                        (C) Exceptions.--The limitation of subparagraph (A)
                    shall not apply to funds appropriated by this Act that
                    are made available for--
                                (i) offices of Attorneys General and other
                            judicial entities and activities related to
                            combating corruption and impunity;
                                (ii) programs to combat gender-based
                            violence;
                                (iii) humanitarian assistance; and
                                (iv) 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 $461,375,000 shall 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 116-
            444.
                (2) Withholding of funds.--
                        (A) Counternarcotics.--Of the funds appropriated by
                    this Act under the heading ``International Narcotics
                    Control and Law Enforcement'' and made available for
                    assistance for Colombia, 20 percent may be obligated
                    only after the Secretary of State certifies and reports
                    to the Committees on Appropriations that the Government
                    of Colombia is continuing to implement a national
                    whole-of-government counternarcotics strategy designed
                    to reduce by 50 percent cocaine production and coca
                    cultivation levels in Colombia by 2023 and such
                    strategy is not in violation of the 2016 peace accord
                    between the Government of Colombia and the
                    Revolutionary Armed Forces of Colombia.
                        (B) Human rights.--Of the funds appropriated by
                    this Act under the heading ``Foreign Military Financing
                    Program'' and made available for assistance for
                    Colombia, 20 percent may be obligated only after the
                    Secretary of State certifies and reports to the
                    Committees on Appropriations that--
                                (i) the Special Jurisdiction for Peace and
                            other judicial authorities are taking effective
                            steps to hold accountable perpetrators of gross
                            violations of human rights in a manner
                            consistent with international law, including
                            for command responsibility, and sentence them
                            to deprivation of liberty;
                                (ii) the Government of Colombia is taking
                            effective steps to prevent attacks against
                            human rights defenders and other civil society
                            activists, trade unionists, and journalists,
                            and judicial authorities are prosecuting those
                            responsible for such attacks;
                                (iii) the Government of Colombia is taking
                            effective steps to protect Afro-Colombian and
                            indigenous communities and is respecting their
                            rights and territory;
                                (iv) senior military officers responsible
                            for ordering, committing, and covering up cases
                            of false positives are being held accountable,
                            including removal from active duty if found
                            guilty through criminal or disciplinary
                            proceedings; and
                                (v) the Government of Colombia has
                            investigated and is taking steps to hold
                            accountable Government officials credibly
                            alleged to have directed, authorized, or
                            conducted illegal surveillance of political
                            opponents, government officials, journalists,
                            and human rights defenders, including through
                            the use of assets provided by the United States
                            for combating counterterrorism and
                            counternarcotics for such purposes.
                (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 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.--The certification requirement contained
            in section 7045(c)(1) 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 2021 and shall also apply to funds
            appropriated by this Act under the heading ``Development
            Assistance'' that are made available for assistance for Haiti.
                (2) 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.
                (3) Limitation.--None of the funds made available by this
            Act may be used to provide assistance to the armed forces of
            Haiti.
        (d) The Caribbean.--Of the funds appropriated by this Act under
    titles III and IV, not less than $74,800,000 shall be made available
    for the Caribbean Basin Security Initiative.
        (e) Venezuela.--
                (1) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'', not less than $33,000,000 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.

                               europe and eurasia

        Sec. 7046. (a) Assistance.--
                (1) 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:  Provided, That not later
            than 90 days after enactment of this Act, the Secretary of
            State shall submit to the Committees on Appropriations a report
            on the rule of law and accountable institutions in Georgia as
            described under this heading in the explanatory statement
            described in section 4 (in the matter preceding division A of
            this consolidated Act).
                (2) Ukraine.--Of the funds appropriated by this Act under
            titles III and IV, not less than $453,000,000 shall be made
            available for assistance for Ukraine.
        (b) Territorial Integrity.--None of the funds appropriated by this
    Act may be made available for assistance for a government of an
    Independent State of the former Soviet Union if such government directs
    any action in violation of the territorial integrity or national
    sovereignty of any other Independent State of the former Soviet Union,
    such as those violations included in the Helsinki Final Act:  Provided,
    That except as otherwise provided in section 7047(a) of this Act, funds
    may be made available without regard to the restriction in this
    subsection if the President determines that to do so is in the national
    security interest of the United States:  Provided further, That prior
    to executing the authority contained in the previous proviso, the
    Secretary of State shall consult with the Committees on Appropriations
    on how such assistance supports the national security interest of the
    United States.
        (c) Section 907 of the Freedom Support Act.--Section 907 of the
    FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
                (1) activities to support democracy or assistance under
            title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
            section 1424 of the Defense Against Weapons of Mass Destruction
            Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
                (2) any assistance provided by the Trade and Development
            Agency under section 661 of the Foreign Assistance Act of 1961;
                (3) any activity carried out by a member of the United
            States and Foreign Commercial Service while acting within his
            or her official capacity;
                (4) any insurance, reinsurance, guarantee, or other
            assistance provided by the United States International
            Development Finance Corporation as authorized by the BUILD Act
            of 2018 (division F of Public Law 115-254);
                (5) any financing provided under the Export-Import Bank Act
            of 1945 (Public Law 79-173); or
                (6) humanitarian assistance.
        (d) Turkey.--None of the funds made available by this Act may be
    used to facilitate or support the sale of defense articles or defense
    services to the Turkish Presidential Protection Directorate (TPPD)
    under Chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)
    unless the Secretary of State determines and reports to the appropriate
    congressional committees that members of the TPPD who are named in the
    July 17, 2017, indictment by the Superior Court of the District of
    Columbia, and against whom there are pending charges, have returned to
    the United States to stand trial in connection with the offenses
    contained in such indictment or have otherwise been brought to justice:
     Provided, That the limitation in this paragraph shall not apply to the
    use of funds made available by this Act for border security purposes,
    for North Atlantic Treaty Organization or coalition operations, or to
    enhance the protection of United States officials and facilities in
    Turkey.

                  countering russian influence and aggression

        Sec. 7047. (a) Limitation.--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
            directors 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, or
            guarantee) for any program that violates the sovereignty or
            territorial integrity of Ukraine.
                (4) Duration.--The requirements and limitations of this
            subsection shall cease to be in effect if the Secretary of
            State determines and reports to the Committees on
            Appropriations that the Government of Ukraine has reestablished
            sovereignty over Crimea and other territory in Ukraine under
            the control of Russian-backed separatists.
        (c) Occupation of the Georgian Territories of Abkhazia and
    Tskhinvali Region/South Ossetia.--
                (1) Prohibition.--None of the funds appropriated by this
            Act may be made available for assistance for the central
            government of a country that the Secretary of State determines
            and reports to the Committees on Appropriations has recognized
            the independence of, or has established diplomatic relations
            with, the Russian Federation occupied Georgian territories of
            Abkhazia and Tskhinvali Region/South Ossetia:  Provided, That
            the Secretary shall publish on the Department of State website
            a list of any such central governments in a timely manner:
            Provided further, That the Secretary may waive the restriction
            on assistance required by this paragraph if the Secretary
            determines and reports to the Committees on Appropriations that
            to do so is in the national interest of the United States, and
            includes a justification for such interest.
                (2) Limitation.--None of the funds appropriated by this Act
            may be made available to support the Russian Federation
            occupation of the Georgian territories of Abkhazia and
            Tskhinvali Region/South Ossetia.
                (3) International financial institutions.--The Secretary of
            the Treasury shall instruct the United States executive
            directors 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, 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 $290,000,000 shall be made available to carry out the
            purposes of the Countering Russian Influence Fund, as
            authorized by section 254 of the Countering Russian Influence
            in Europe and Eurasia Act of 2017 (Public Law 115-44; 22 U.S.C.
            9543) and notwithstanding the country limitation in subsection
            (b) of such section, and programs to enhance the capacity of
            law enforcement and security forces in countries in Europe,
            Eurasia, and Central Asia and strengthen security cooperation
            between such countries and the United States and the North
            Atlantic Treaty Organization, as appropriate.
                (2) Economics and trade.--Funds appropriated by this Act
            and made available for assistance for the Eastern Partnership
            countries shall be made available to advance the implementation
            of Association Agreements and trade agreements with the
            European Union, and to reduce their vulnerability to external
            economic and political pressure from the Russian Federation.
        (e) Democracy Programs.--Funds appropriated by this Act shall be
    made available to support democracy programs in the Russian Federation
    and other countries in Europe, Eurasia, and Central Asia, including to
    promote Internet freedom:  Provided, That of the funds appropriated
    under the heading ``Assistance for Europe, Eurasia and Central Asia'',
    not less than $20,000,000 shall be made available to strengthen
    democracy and civil society in Central Europe, including for
    transparency, independent media, rule of law, minority rights, and
    programs to combat anti-Semitism.

                                 united nations

        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 to International
    Organizations'' and ``International Organizations and Programs'' is--
                (1) 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) 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 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, 2021, 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.
        (f) Report.--Not later than 45 days after enactment of this Act,
    the Secretary of State shall submit a report to the Committees on
    Appropriations detailing the amount of funds available for obligation
    or expenditure in fiscal year 2021 for contributions to any
    organization, department, agency, or program within the United Nations
    system or any international program that are withheld from obligation
    or expenditure due to any provision of law:  Provided, That the
    Secretary shall update such report each time additional funds are
    withheld by operation of any provision of law:  Provided further, That
    the reprogramming of any withheld funds identified in such report,
    including updates thereof, shall be subject to prior consultation with,
    and the regular notification procedures of, the Committees on
    Appropriations.
        (g) Sexual Exploitation and Abuse in Peacekeeping Operations.--The
    Secretary of State should withhold assistance to any unit of the
    security forces of a foreign country if the Secretary has credible
    information that such unit has engaged in sexual exploitation or abuse,
    including while serving in a United Nations peacekeeping operation,
    until the Secretary determines that the government of such country is
    taking effective steps to hold the responsible members of such unit
    accountable and to prevent future incidents:  Provided, That the
    Secretary shall promptly notify the government of each country subject
    to any withholding of assistance pursuant to this paragraph, and shall
    notify the appropriate congressional committees of such withholding not
    later than 10 days after a determination to withhold such assistance is
    made:  Provided further, That the Secretary shall, to the maximum
    extent practicable, assist such government in bringing the responsible
    members of such unit to justice.
        (h) Additional Availability.--Subject to the regular notification
    procedures of the Committees on Appropriations, funds appropriated by
    this Act which are returned or not made available due to the third
    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, 2022:  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

        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.
        (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.

                            global internet freedom

        Sec. 7050. (a) Funding.--Of the funds available for obligation
    during fiscal year 2021 under the headings ``International Broadcasting
    Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
    ``Assistance for Europe, Eurasia and Central Asia'', not less than
    $70,000,000 shall be made available for programs to promote Internet
    freedom globally:  Provided, That such programs shall be prioritized
    for countries whose governments restrict freedom of expression on the
    Internet, and that are important to the national interest of the United
    States:  Provided further, That funds made available pursuant to this
    section shall be matched, to the maximum extent practicable, by sources
    other than the United States Government, including from the private
    sector.
        (b) Requirements.--
                (1) Department of state and united states agency for
            international development.--Funds appropriated by this Act
            under the headings ``Economic Support Fund'', ``Democracy
            Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
            that are made available pursuant to subsection (a) shall be--
                        (A) coordinated with other democracy programs
                    funded by this Act under such headings, and shall be
                    incorporated into country assistance and democracy
                    promotion strategies, as appropriate;
                        (B) for programs to implement the May 2011,
                    International Strategy for Cyberspace, the Department
                    of State International Cyberspace Policy Strategy
                    required by section 402 of the Cybersecurity Act of
                    2015 (division N of Public Law 114-113), and the
                    comprehensive strategy to promote Internet freedom and
                    access to information in Iran, as required by section
                    414 of the Iran Threat Reduction and Syria Human Rights
                    Act of 2012 (22 U.S.C. 8754);
                        (C) made available for programs that support the
                    efforts of civil society to counter the development of
                    repressive Internet-related laws and regulations,
                    including countering threats to Internet freedom at
                    international organizations; to combat violence against
                    bloggers and other users; and to enhance digital
                    security training and capacity building for democracy
                    activists;
                        (D) made available for research of key threats to
                    Internet freedom; the continued development of
                    technologies that provide or enhance access to the
                    Internet, including circumvention tools that bypass
                    Internet blocking, filtering, and other censorship
                    techniques used by authoritarian governments; and
                    maintenance of the technological advantage of the
                    United States Government over such censorship
                    techniques:  Provided, That the Secretary of State, in
                    consultation with the United States Agency for Global
                    Media Chief Executive Officer (USAGM CEO) and the
                    President of the Open Technology Fund (OTF), shall
                    coordinate any such research and development programs
                    with other relevant United States Government
                    departments and agencies in order to share information,
                    technologies, and best practices, and to assess the
                    effectiveness of such technologies; and
                        (E) made available only after the Assistant
                    Secretary for Democracy, Human Rights, and Labor,
                    Department of State, concurs 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
                    application process, seek input from technical and
                    subject matter experts to select proposals, and support
                    Internet circumvention tools and techniques for
                    audiences in countries that are strategic priorities
                    for the OTF and in a manner consistent with the United
                    States Government Internet freedom strategy; and
                        (D) made available for the research and development
                    of new tools or techniques authorized in subparagraph
                    (A) only after the USAGM CEO, in consultation with the
                    Secretary of State, the OTF President, and other
                    relevant United States Government departments and
                    agencies, evaluates the risks and benefits of such new
                    tools or techniques, and establishes safeguards to
                    minimize the use of such new tools or techniques for
                    illicit purposes.
        (c) Coordination and Spend Plans.--After consultation among the
    relevant agency heads to coordinate and de-conflict planned activities,
    but not later than 90 days after enactment of this Act, the Secretary
    of State and the USAGM CEO, in consultation with the OTF President,
    shall submit to the Committees on Appropriations spend plans for funds
    made available by this Act for programs to promote Internet freedom
    globally, which shall include a description of safeguards established
    by relevant agencies to ensure that such programs are not used for
    illicit purposes:  Provided, That the Department of State spend plan
    shall include funding for all such programs for all relevant Department
    of State and the 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.
        (e) Surge.--Of the funds appropriated by this Act under the heading
    ``Economic Support Fund'', up to $2,500,000 may be made available to
    surge Internet freedom programs in closed societies if the Secretary of
    State determines and reports to the appropriate congressional
    committees that such use of funds is in the national interest:
    Provided, That such funds are in addition to amounts made available for
    such purposes:  Provided further, That such funds may be transferred
    to, and merged with, funds appropriated by this Act under the heading
    ``International Broadcasting Operations'' following consultation with,
    and the regular notification procedures of, the Committees on
    Appropriations.

     torture and other cruel, inhuman, or degrading treatment or punishment

        Sec. 7051. (a) Limitation.--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.

                    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.
        (c) Aircraft Coordination.--
                (1) Authority.--The uses of aircraft purchased or leased by
            the Department of State and the United States Agency for
            International Development with funds made available in this Act
            or prior Acts making appropriations for the Department of
            State, foreign operations, and related programs shall be
            coordinated under the authority of the appropriate Chief of
            Mission:  Provided, That notwithstanding section 7063(b) of
            this Act, such aircraft may be used to transport, on a
            reimbursable or non-reimbursable basis, Federal and non-Federal
            personnel supporting Department of State and USAID programs and
            activities:  Provided further, That official travel for other
            agencies for other purposes may be supported on a reimbursable
            basis, or without reimbursement when traveling on a space
            available basis:  Provided further, That funds received by the
            Department of State in connection with the use of aircraft
            owned, leased, or chartered by the Department of State may be
            credited to the Working Capital Fund of the Department and
            shall be available for expenses related to the purchase, lease,
            maintenance, chartering, or operation of such aircraft.
                (2) Scope.--The requirement and authorities of this
            subsection shall only apply to aircraft, the primary purpose of
            which is the transportation of personnel.
        (d) Aircraft Operations and Maintenance.--To the maximum extent
    practicable, the costs of operations and maintenance, including fuel,
    of aircraft funded by this Act shall be borne by the recipient country.

       parking fines and real property taxes owed by foreign governments

        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, 2020''.

                          international monetary fund

        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

        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 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.

                      impact on jobs in the united states

        Sec. 7056.  None of the funds appropriated or otherwise made
    available under titles III through VI of this Act may be obligated or
    expended to provide--
                (1) any financial incentive to a business enterprise
            currently located in the United States for the purpose of
            inducing such an enterprise to relocate outside the United
            States if such incentive or inducement is likely to reduce the
            number of employees of such business enterprise in the United
            States because United States production is being replaced by
            such enterprise outside the United States;
                (2) assistance for any program, project, or activity that
            contributes to the violation of internationally recognized
            workers' rights, as defined in section 507(4) of the Trade Act
            of 1974, of workers in the recipient country, including any
            designated zone or area in that country:  Provided, That the
            application of section 507(4)(D) and (E) of such Act (19 U.S.C.
            2467(4)(D) and (E)) should be commensurate with the level of
            development of the recipient country and sector, and shall not
            preclude assistance for the informal sector in such country,
            micro and small-scale enterprise, and smallholder agriculture;
                (3) any assistance to an entity outside the United States
            if such assistance is for the purpose of directly relocating or
            transferring jobs from the United States to other countries and
            adversely impacts the labor force in the United States; or
                (4) for the enforcement of any rule, regulation, policy, or
            guidelines implemented pursuant to the Supplemental Guidelines
            for High Carbon Intensity Projects approved by the Export-
            Import Bank of the United States on December 12, 2013, when
            enforcement of such rule, regulation, policy, or guidelines
            would prohibit, or have the effect of prohibiting, any coal-
            fired or other power-generation project the purpose of which is
            to--
                        (A) provide affordable electricity in International
                    Development Association (IDA)-eligible countries and
                    IDA-blend countries; and
                        (B) increase exports of goods and services from the
                    United States or prevent the loss of jobs from the
                    United States.

                         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 2021, $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 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

        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) 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, which shall
            prioritize and accelerate efforts to strengthen public health
            capacity in countries where there is a high risk of emerging
            zoonotic and other infectious diseases and to support the
            collection, analysis, and sharing of data on unknown viruses
            and other pathogens:  Provided, That not later than 60 days
            after enactment of this Act, the USAID Administrator shall
            consult with the Committees on Appropriations on the planned
            uses of such funds.
                (2) Extraordinary measures.--If the Secretary of State
            determines and reports to the Committees on Appropriations that
            an international infectious disease outbreak is sustained,
            severe, and is spreading internationally, or that it is in the
            national interest to respond to a Public Health Emergency of
            International Concern, not to exceed an aggregate total of
            $200,000,000 of the funds appropriated by this Act under the
            headings ``Global Health Programs'', ``Development
            Assistance'', ``International Disaster Assistance'', ``Complex
            Crises Fund'', ``Economic Support Fund'', ``Democracy Fund'',
            ``Assistance for Europe, Eurasia and Central Asia'',
            ``Migration and Refugee Assistance'', and ``Millennium
            Challenge Corporation'' may be made available to combat such
            infectious disease or public health emergency, and may be
            transferred to, and merged with, funds appropriated under such
            headings for the purposes of this paragraph.
                (3) Emergency reserve fund.--Up to $50,000,000 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.
                (4) Consultation and notification.--Funds made available by
            this subsection shall be subject to prior consultation with the
            appropriate congressional committees and the regular
            notification procedures of the Committees on Appropriations.
        (c) Childhood Cancer.--Funds appropriated under titles III and VI
    of this Act may be made available for public-private partnerships,
    including in coordination with relevant multilateral organizations and
    research entities, to address childhood cancer:  Provided, That the
    Secretary of State, in consultation with the USAID Administrator and
    the Office of Global Partnerships, Department of State, shall submit a
    report to the Committees on Appropriations on the feasibility of such
    partnerships prior to any obligation of funds and not later than 90
    days after enactment of this Act.

                                gender equality

        Sec. 7059. (a) Women's Empowerment.--
                (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 participation, 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) Women's global development and prosperity fund.--Of the
            funds appropriated under title III of this Act, up to
            $200,000,000 may be made available for the Women's Global
            Development and Prosperity Fund.
        (b) Women's Leadership.--Of the funds appropriated by 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 $165,000,000 shall be made available to
            implement a multi-year strategy to prevent and respond to
            gender-based violence in countries where it is common in
            conflict and non-conflict settings.
                (2) Funds appropriated under titles III and IV of this Act
            that are available to train foreign police, judicial, and
            military personnel, including for international peacekeeping
            operations, shall address, where appropriate, prevention and
            response to gender-based violence and trafficking in persons,
            and shall promote the integration of women into the police and
            other security forces.
        (d) Women, Peace, and Security.--Of the funds appropriated by this
    Act under the headings ``Development Assistance'', ``Economic Support
    Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
    ``International Narcotics Control and Law Enforcement'', not less than
    $130,000,000 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.
        (e) Women and Girls at Risk From Extremism and Conflict.--Of the
    funds appropriated by this Act under the heading ``Economic Support
    Fund'', not less than $15,000,000 shall be made available to support
    women and girls who are at risk from extremism and conflict, and for
    the activities described in section 7059(e)(1) of the Department of
    State, Foreign Operations, and Related Programs Appropriations Act,
    2018 (division K of Public Law 115-141):  Provided, That such funds are
    in addition to amounts otherwise made available by this Act for such
    purposes, and shall be made available following consultation with, and
    the regular notification procedures of, the Committees on
    Appropriations.

                               sector allocations

        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 assistance for basic education, 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 the Administrator of the United States
                    Agency for International Development, following
                    consultation with the Committees on Appropriations, may
                    reprogram such funds between countries:  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 funds made available under the headings
                    ``Development Assistance'' and ``Economic Support
                    Fund'' for the support of non-state schools in this Act
                    and prior Acts making appropriations for the Department
                    of State, foreign operations, and related programs
                    shall be subject to the regular notification procedures
                    of the Committees on Appropriations.
                        (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.
                        (C) Funds appropriated under title III of this Act
                    and made available for assistance for basic education
                    as provided for in this paragraph shall be referred to
                    as the ``Nita M. Lowey Basic Education Fund''.
                (2) Higher education.--Of the funds appropriated by title
            III of this Act, not less than $235,000,000 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.
                (3) Higher education in countries impacted by economic
            crises.--In addition to amounts made available pursuant to
            paragraph (2), of the funds appropriated by this Act under the
            heading ``Economic Support Fund'', not less than $50,000,000
            shall be made available, notwithstanding any other provision of
            law that restricts assistance to foreign countries and
            following consultation with the Committees on Appropriations,
            for the following institutions that are recipients of United
            States assistance and located in countries impacted by economic
            crises--
                        (A) United States-accredited institutions of higher
                    education in the Middle East; and
                        (B) not-for-profit, coeducational American
                    institutions of higher education in the Middle East and
                    Asia.
        (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 $30,000,000 shall be made available for the American
    Schools and Hospitals Abroad program.
        (c) Environment Programs.--
                (1)(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 subsection, to support environment programs.
                (B) Funds made available pursuant to this subsection shall
            be subject to the regular notification procedures of the
            Committees on Appropriations.
                (2)(A) Of the funds appropriated under title III of this
            Act, not less than $320,000,000 shall be made available for
            biodiversity conservation programs.
                (B) Not less than $100,664,000 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.
                (C) 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.
                (D) Funds appropriated by this Act for biodiversity
            programs shall not be used to support the expansion of
            industrial scale logging 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.
                (3) 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.
                (4) Of the funds appropriated under title III of this Act,
            not less than $135,000,000 shall be made available for
            sustainable landscapes programs.
                (5) Of the funds appropriated under title III of this Act,
            not less than $177,000,000 shall be made available for
            adaptation programs, including in support of the implementation
            of the Indo-Pacific Strategy.
                (6) Of the funds appropriated under title III of this Act,
            not less than $179,000,000 shall be made available for
            renewable energy programs, including in support of carrying out
            the purposes of the Electrify Africa Act (Public Law 114-121)
            and implementation of the Power Africa initiative.
                (7) Of the funds appropriated under title III of this Act,
            not less than $75,000,000 shall be made available for programs
            to address ocean plastic pollution and other marine debris,
            including technical assistance for waste management:  Provided,
            That the Secretary of State, in consultation with the Secretary
            of the Treasury, the USAID Administrator, and the heads of
            other relevant Federal agencies, shall seek to enter into
            negotiations with key bilateral and multilateral donors,
            including the World Bank, to establish a new multilateral fund
            for ocean plastic pollution and other marine debris:  Provided
            further, That such funds may be made available for a
            contribution to such new fund, and for a USAID-administered
            multi-donor fund for such purposes:  Provided further, That
            such funds are in addition to amounts otherwise made available
            by this Act for such purposes:  Provided further, That such
            funds may only be made available following consultation with
            the Committees on Appropriations.
        (d) 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).
        (e) 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.
        (f) 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 $99,000,000 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.
        (g) 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-to-people reconciliation
    programs which bring together individuals of different ethnic,
    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 Office
    of Conflict Management and Mitigation, USAID.
        (h) Water and Sanitation.--Of the funds appropriated by this Act,
    not less than $450,000,000 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 $225,000,000 shall be for programs
    in sub-Saharan Africa, and of which not less than $15,000,000 shall be
    made available to support initiatives by local communities in
    developing countries to build and maintain safe latrines.

                                budget documents

        Sec. 7061. (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 2021, 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 Afghanistan, Iraq, Lebanon,
                    Pakistan, Syria, Colombia, and countries in Central
                    America;
                        (B) assistance made available pursuant to section
                    7047(d) of this Act to counter Russian influence and
                    aggression, 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
                    Chinese Influence Fund;
                        (E) democracy programs, the Power Africa and
                    Prosper Africa initiatives, and sectors enumerated in
                    subsections (a), (c), (d), (e), (f), (g) and (h) 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;
                    and
                        (G) the regional security initiatives described
                    under this heading in section 7050 in Senate Report
                    116-126.
                (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.--
                (1) Submission.--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 2022:  Provided, That the appendices for such
            justification shall be provided to the Committees on
            Appropriations not later than 10 calendar days thereafter.
                (2) Multi-year availability of certain funds.--The
            Secretary of State and the USAID Administrator shall include in
            the congressional budget justification a detailed justification
            for multi-year availability for any funds requested under the
            headings ``Diplomatic Programs'' and ``Operating Expenses''.

                                 reorganization

        Sec. 7062. (a) Oversight.--
                (1) 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 paragraph
            (2) 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 such
            Committees shall include a detailed justification for any
            proposed action, including the information specified under
            section 7073 of the joint explanatory statement accompanying
            the Department of State, Foreign Operations, and Related
            Programs Appropriations Act, 2019 (division F of Public Law
            116-6):  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.
                (2) Description of activities.--Pursuant to paragraph (1),
            a reorganization, redesign, or other plan shall include any
            action to--
                        (A) 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;
                        (B) expand, eliminate, consolidate, or downsize the
                    United States official presence overseas, including at
                    bilateral, regional, and multilateral diplomatic
                    facilities and other platforms; or
                        (C) 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 levels specified in
                    sections 7063(d) and 7064(i) of this Act.
        (b) Additional Requirements and Limitations.--
                (1) Bureau of population, refugees, and migration,
            department of state.--None of the funds appropriated by this
            Act, prior Acts making appropriations for the Department of
            State, foreign operations, and related programs, or any other
            Act may be used to downsize, downgrade, consolidate, close,
            move, or relocate the Bureau of Population, Refugees, and
            Migration, Department of State, or any activities of such
            Bureau, to another Federal agency.
                (2) Administration of funds.--Funds made available by this
            Act--
                        (A) under the heading ``Migration and Refugee
                    Assistance'' shall be administered by the Assistant
                    Secretary for Population, Refugees, and Migration,
                    Department of State, and this responsibility shall not
                    be delegated; and
                        (B) that are made available for the Office of
                    Global Women's Issues shall be administered by the
                    United States Ambassador-at-Large for Global Women's
                    Issues, Department of State, and this responsibility
                    shall not be delegated.

                         department of state management

        Sec. 7063. (a) Financial Systems Improvement.--Funds appropriated
    by this Act for the operations of the Department of State under the
    headings ``Diplomatic Programs'' and ``Capital Investment Fund'' shall
    be made available to implement the recommendations contained in the
    Foreign Assistance Data Review Findings Report (FADR) and the Office of
    Inspector General (OIG) report entitled ``Department Financial Systems
    Are Insufficient to Track and Report on Foreign Assistance Funds'':
    Provided, That such funds may not be obligated for enhancements to, or
    expansions of, the Budget System Modernization Financial System,
    Central Resource Management System, Joint Financial Management System,
    or Foreign Assistance Coordination and Tracking System until such
    updated plan is submitted to the Committees on Appropriations:
    Provided further, That such funds may not be obligated for new, or
    expansion of existing, ad hoc electronic systems to track commitments,
    obligations, or expenditures of funds unless the Secretary of State,
    following consultation with the Chief Information Officer of the
    Department of State, has reviewed and certified that such new system or
    expansion is consistent with the FADR and OIG recommendations:
    Provided further, That not later than 45 days after enactment of this
    Act, the Secretary of State shall submit to the Committees on
    Appropriations an update to the plan required under section 7006 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2017 (division J of Public Law 115-31) for
    implementing the FADR and OIG recommendations.
        (b) Working Capital Fund.--Funds appropriated by this Act or
    otherwise made available to the Department of State for payments to the
    Working Capital Fund may only be used for the service centers included
    in the Congressional Budget Justification, Department of State, Foreign
    Operations, and Related Programs, Fiscal Year 2021:  Provided, That the
    amounts for such service centers shall be the amounts included in such
    budget justification, except as provided in section 7015(b) of this
    Act:  Provided further, That Federal agency components shall be charged
    only for their direct usage of each Working Capital Fund service:
    Provided further, That prior to increasing the percentage charged to
    Department of State bureaus and offices for procurement-related
    activities, the Secretary of State shall include the proposed increase
    in the Department of State budget justification or, at least 60 days
    prior to the increase, provide the Committees on Appropriations a
    justification for such increase, including a detailed assessment of the
    cost and benefit of the services provided by the procurement fee:
    Provided further, That Federal agency components may only pay for
    Working Capital Fund services that are consistent with the purpose and
    authorities of such components:  Provided further, That the Working
    Capital Fund shall be paid in advance or reimbursed at rates which will
    return the full cost of each service.
        (c) 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.
        (d) Personnel Levels.--Funds made available by this Act are made
    available to support the permanent Foreign Service and Civil Service
    staff levels of the Department of State at not less than the hiring
    targets established in the fiscal year 2020 operating plan.
        (e) Information Technology Platform.--
                (1) 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.
                (2) None of the funds appropriated in title I of this Act
            under the heading ``Administration of Foreign Affairs'' may be
            used by an agency to submit a project proposal to the
            Technology Modernization Board for funding from the Technology
            Modernization Fund unless, not later than 15 days in advance of
            submitting the project proposal to the Board, the head of the
            agency--
                        (A) notifies the Committees on Appropriations of
                    the proposed submission of the project proposal; and
                        (B) submits to the Committees on Appropriations a
                    copy of the project proposal.
                (3) None of the funds appropriated in title I of this Act
            and prior Acts making appropriations for the Department of
            State, foreign operations, and related programs under the
            heading ``Administration of Foreign Affairs'' may be used by an
            agency to carry out a project that is approved by the Board
            unless the head of the agency--
                        (A) submits to the Committees on Appropriations a
                    copy of the approved project proposal, including the
                    terms of reimbursement of funding received for the
                    project; and
                        (B) agrees to submit to the Committees on
                    Appropriations a copy of each report relating to the
                    project that the head of the agency submits to the
                    Board.

         united states agency for international development management

        Sec. 7064. (a) Authority.--Up to $110,000,000 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, 2022.
        (c) Program Account Charged.--The account charged for the cost of
    an individual hired and employed under the authority of this section
    shall be the account to which the responsibilities of such individual
    primarily relate:  Provided, That funds made available to carry out
    this section may be transferred to, and merged with, funds appropriated
    by this Act in title II under the heading ``Operating Expenses''.
        (d) Foreign Service Limited Extensions.--Individuals hired and
    employed by USAID, with funds made available in this Act or prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs, pursuant to the authority of section 309 of the
    Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a
    period of up to 4 years notwithstanding the limitation set forth in
    such section.
        (e) Disaster Surge Capacity.--Funds appropriated under title III of
    this Act to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia'', may be used, in addition to funds otherwise
    available for such purposes, for the cost (including the support costs)
    of individuals detailed to or employed by USAID whose primary
    responsibility is to carry out programs in response to natural
    disasters, or man-made disasters subject to the regular notification
    procedures of the Committees on Appropriations.
        (f) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Food for
    Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
    USAID to employ up to 40 personal services contractors in the United
    States, notwithstanding any other provision of law, for the purpose of
    providing direct, interim support for new or expanded overseas programs
    and activities managed by the agency until permanent direct hire
    personnel are hired and trained:  Provided, That not more than 15 of
    such contractors shall be assigned to any bureau or office:  Provided
    further, That such funds appropriated to carry out title II of the Food
    for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
    available only for personal services contractors assigned to the Bureau
    for Humanitarian Assistance.
        (g) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, USAID may
    provide an exception to the fair opportunity process for placing task
    orders under such contracts when the order is placed with any category
    of small or small disadvantaged business.
        (h) Senior Foreign Service Limited Appointments.--Individuals hired
    pursuant to the authority provided by section 7059(o) of the Department
    of State, Foreign Operations, and Related Programs Appropriations Act,
    2010 (division F of Public Law 111-117) may be assigned to or support
    programs in Afghanistan or Pakistan with funds made available in this
    Act and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs.
        (i) Personnel Levels.--Funds made available by this Act under the
    heading ``Operating Expenses'' are made available to support not less
    than 1,850 permanent Foreign Service Officers and 1,600 permanent Civil
    Service staff.

      stabilization and development in regions impacted by extremism and
                                    conflict

        Sec. 7065. (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 $100,000,000 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, including in Iraq and Syria, which
            shall be in addition to any other funds made available by this
            Act for such purposes:  Provided, That such programs shall
            include components to develop local investigative and judicial
            skills, and to collect and preserve evidence and maintain the
            chain of custody of evidence, including for use in
            prosecutions, and may include the establishment of, and
            assistance for, transitional justice mechanisms:  Provided
            further, That such funds shall be administered by the Special
            Coordinator for the Office of Global Criminal Justice,
            Department of State:  Provided further, That funds made
            available by this paragraph shall be made available on an open
            and competitive basis.
        (b) Global Fragility Act Implementation.--Funds appropriated by
    this Act shall be made available to implement the Global Fragility Act
    of 2019 (title V of division J of Public Law 116-94):  Provided, That
    not later than 180 days after enactment of this Act, the Secretary of
    State, in consultation with the Administrator of the United States
    Agency for International Development, shall submit a spend plan to the
    Committees on Appropriations detailing the use of funds made available
    by this Act for such purposes.
        (c) 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.
        (d) Global Concessional Financing Facility.--Of the funds
    appropriated by this Act under the heading ``Economic Support Fund'',
    $25,000,000 shall 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 shall 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.

                              disability programs

        Sec. 7066. (a) Assistance.--Funds appropriated by this Act under
    the heading ``Development Assistance'' 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.
        (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.

                              debt-for-development

        Sec. 7067.  In order to enhance the continued participation of
    nongovernmental organizations in debt-for-development and debt-for-
    nature exchanges, a nongovernmental organization which is a grantee or
    contractor of the United States Agency for International Development
    may place in interest bearing accounts local currencies which accrue to
    that organization as a result of economic assistance provided under
    title III of this Act and, subject to the regular notification
    procedures of the Committees on Appropriations, any interest earned on
    such investment shall be used for the purpose for which the assistance
    was provided to that organization.

                                enterprise funds

        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.

               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 2021 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) is amended by striking ``fiscal year 2020'' and
    inserting ``fiscal years 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 for Overseas Contingency
    Operations/Global War on Terrorism or as emergency requirements
    pursuant to a concurrent resolution on the budget or section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.
        (d) In addition to the uses permitted pursuant to section
    286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
    1356(v)(2)(A)), for fiscal year 2021, the Secretary of State may also
    use fees deposited into the Fraud Prevention and Detection Account for
    the costs of providing consular services.
        (e) Amounts provided pursuant to subsections (a), (b), and (d) are
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                              protective services

        Sec. 7070.  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
    $15,000,000 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 case-by-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:  Provided further,
    That amounts repurposed pursuant to this section that were previously
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985 are designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of such Act.

                                  rescissions

                        (including rescissions of funds)

        Sec. 7071. (a) Overseas Contingency Operations Rescissions.--
                (1) Diplomatic and consular programs.--Of the unobligated
            balances from amounts made available under the heading
            ``Diplomatic and Consular Programs'' in title II of the
            Security Assistance Appropriations Act, 2017 (division B of
            Public Law 114-254), $360,123,000 are rescinded.
                (2) Peacekeeping operations.--Of the unobligated balances
            from amounts made available under the heading ``Peacekeeping
            Operations'' from prior Acts making appropriations for the
            Department of State, foreign operations, and related programs
            and designated by the Congress for Overseas Contingency
            Operations/Global War on Terrorism pursuant to section
            251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
            Control Act of 1985, $40,000,000 are rescinded.
                (3) Foreign military financing program.--Of the unobligated
            balances from amounts made available under the heading
            ``Foreign Military Financing Program'' from prior Acts making
            appropriations for the Department of State, foreign operations,
            and related programs and designated by the Congress for
            Overseas Contingency Operations/Global War on Terrorism
            pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
            Emergency Deficit Control Act of 1985, $25,000,000 are
            rescinded.
                (4) Designation.--For the purposes of this subsection,
            funds that were previously designated by the Congress for
            Overseas Contingency Operations/Global War on Terrorism
            pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
            Emergency Deficit Control Act of 1985 are designated by the
            Congress for Overseas Contingency Operations/Global War on
            Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
        (b) Additional Rescissions.--
                (1) Economic support fund.--Of the unobligated 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,
            $75,000,000 are rescinded.
                (2) 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, $30,000,000 are rescinded.
                (3) International narcotics control and law enforcement.--
            Of the unobligated 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,
            $50,411,000 are rescinded.
                (4) Limitation.--For the purposes of this subsection, no
            amounts may be rescinded from amounts that were designated by
            Congress as an emergency requirement or for Overseas
            Contingency Operations/Global War on Terrorism pursuant to a
            concurrent resolution on the budget or the Balanced Budget and
            Emergency Deficit Control Act of 1985.

                                   TITLE VIII

          NITA M. LOWEY MIDDLE EAST PARTNERSHIP FOR PEACE ACT OF 2020

                                  short title

        Sec. 8001.  This title may be cited as the ``Nita M. Lowey Middle
    East Partnership for Peace Act of 2020''.

                                    findings

        Sec. 8002.  Congress finds the following:
                (1) Economic development in conflict settings has been
            shown to support stabilization by empowering entrepreneurs,
            growing the middle class, and mitigating unemployment.
                (2) In 2018, unemployment in the Palestinian territories
            was 32.4 percent. Gross Domestic Product (GDP) growth in the
            Palestinian territories declined from 2017 to 2019, and it is
            projected to further decline in 2020.
                (3) According to the World Bank Ad Hoc Liaison Committee's
            April 2019 Economic Monitoring Report, ``to achieve sustainable
            economic growth, in the Palestinian territories, growth and job
            creation going forward will need to be private sector driven''.
                (4) According to the 2018 Joint Strategic Plan of the
            Department of State and the United States Agency for
            International Development, ``assistance can help prevent new
            recruitment to terrorist organizations, reduce levels of
            violence, promote legitimate governance structures that
            strengthen inclusion, and reduce policies that marginalize
            communities''.
                (5) Although economic development is an important tool for
            stabilizing conflict-prone settings and establishing
            connections between communities, economic development by itself
            will not lead to lasting peace. People-to-people peace-building
            programs further advance reconciliation efforts by promoting
            greater understanding, mutual trust, and cooperation between
            communities.
                (6) While the United States and its international partners
            continue to support diplomatic and political negotiations
            between the representatives of the parties to the Israeli-
            Palestinian conflict, such efforts require broad popular
            support among the people on the ground to succeed.
                (7) Achieving sustainable, high-level agreements for
            lasting peace in the Middle East must come through, and with
            the support of, the people who live there, and the United
            States and its international partners can help the people of
            the region build popular support for sustainable agreements for
            lasting peace.

                               sense of congress

        Sec. 8003.  It is the sense of Congress that--
                (1) building a viable Palestinian economy is central to the
            effort to preserve the possibility of a negotiated settlement
            leading to a sustainable two-state solution with the
            democratic, Jewish state of Israel and a demilitarized,
            democratic Palestinian state living side-by-side in peace,
            security, and mutual recognition;
                (2) United States and international support for grassroots,
            people-to-people efforts aimed at fostering tolerance, and
            building support for such solution, can help counter extremist
            propaganda and the growing issue of incitement;
                (3) strengthening engagement between Palestinians and
            Israelis, including through people-to-people peace-building
            programs can increase the bonds of friendship and
            understanding;
                (4) investing in the development of the Palestinian economy
            and in joint economic ventures can advance multiple sectors to
            the benefit of local, regional, and global parties; and
                (5) Congress encourages cooperation between Palestinian,
            American, and Israeli business sectors in order to benefit the
            Palestinian, American, and Israeli peoples and economies.

                  people-to-people partnership for peace fund

        Sec. 8004.  Chapter 4 of part II of the Foreign Assistance Act of
    1961 (22 U.S.C. 2346 et seq.) is amended by adding at the end the
    following:

    ``SEC. 535 PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE FUND.

        ``(a) Establishment.--Beginning on the date that is one year after
    the date of enactment of this section, the Administrator of the United
    States Agency for International Development is authorized to establish
    a program to provide funding for projects to help build the foundation
    for peaceful co-existence between Israelis and Palestinians and for a
    sustainable two-state solution. The program established under this
    subsection shall be known as the `People-to-People Partnership for
    Peace Fund' (referred to in this section as the `Fund').
        ``(b) Eligibility for Support.--In providing funding for projects
    through the Fund, the Administrator may provide support for qualified
    organizations, prioritizing those organizations that seek to build
    better cooperation between Israelis and Palestinians, including
    Palestinian organizations, Israeli organizations, and international
    organizations that bring Israelis and Palestinians together.
        ``(c) Additional Eligibility for Support.--In providing funding for
    projects through the Fund, the Administrator may additionally provide
    support to qualified organizations that further shared community
    building, peaceful co-existence, dialogue, and reconciliation between
    Arab and Jewish citizens of Israel.
        ``(d) Contributions.--The Administrator--
                ``(1) is encouraged to work with foreign governments and
            international organizations to leverage the impact of United
            States resources and achieve the objectives of this section;
            and
                ``(2) is authorized to accept contributions for the
            purposes of the Fund, consistent with subsection (d) of section
            635.
        ``(e) Advisory Board.--
                ``(1) Establishment.--The Administrator shall establish an
            advisory board to make recommendations to the Administrator
            regarding the types of projects that should be considered for
            funding through the Fund.
                ``(2) Membership.--
                        ``(A) In general.--Subject to subparagraph (B), the
                    advisory board shall be composed of 13 members, none of
                    whom may be Members of Congress, who shall be appointed
                    for renewable periods of 3 years, as follows:
                                ``(i) One member to serve as chair,
                            appointed by the Administrator, in consultation
                            with the Secretary of State.
                                ``(ii) One member appointed by the chair,
                            and one member appointed by the ranking member,
                            of the Committee on Foreign Relations of the
                            Senate.
                                ``(iii) One member appointed by the chair,
                            and one member appointed by the ranking member,
                            of the Committee on Foreign Affairs of the
                            House of Representatives.
                                ``(iv) One member appointed by the chair,
                            and one member appointed by the ranking member,
                            of the Committee on Appropriations of the
                            Senate.
                                ``(v) One member appointed by the chair,
                            and one member appointed by the ranking member,
                            of the Committee on Appropriations of the House
                            of Representatives.
                                ``(vi) One member appointed by the majority
                            leader, and one member appointed by the
                            minority leader, of the Senate.
                                ``(vii) One member appointed by the
                            Speaker, and one member appointed by the
                            minority leader, of the House of
                            Representatives.
                        ``(B) International participation.--The
                    Administrator may appoint up to two additional members
                    to the advisory board who are representatives of
                    foreign governments or international organizations for
                    renewable periods of 3 years.
                        ``(C) Qualifications.--Members of the advisory
                    board shall have demonstrated regional expertise and
                    experience and expertise in conflict mitigation and
                    people-to-people programs, and shall not receive
                    compensation on account of their service on the
                    advisory board.
        ``(f) USAID Mission Recommendations.--The Administrator shall
    consider the input and recommendations from missions of the United
    States Agency for International Development in the region and mission
    directors regarding projects that should be considered for funding
    through the Fund.
        ``(g) Coordination.--The Administrator shall coordinate with the
    Secretary of State in carrying out the provisions of this section.''.

                     joint investment for peace initiative

        Sec. 8005. (a) Establishment.--Beginning on the date that is 180
    days after the date of the enactment of this Act, the Chief Executive
    Officer of the United States International Development Finance
    Corporation (referred to in this section as the ``Chief Executive
    Officer'' and the ``Corporation'', respectively) is authorized to
    establish a program to provide investments in, and support to, entities
    that carry out projects that contribute to the development of the
    Palestinian private sector economy in the West Bank and Gaza. The
    program established under this subsection shall be known as the ``Joint
    Investment for Peace Initiative'' (referred to in this section as the
    ``Initiative'') and shall be subject to all existing terms, conditions,
    restrictions, oversight requirements, and applicable provisions of law,
    including the Better Utilization of Investments Leading to Development
    Act of 2018 (22 U.S.C. 9611 et seq), including through strict adherence
    to the less-developed country focus under section 1412(c) of such Act.
        (b) Participation Requirement.--In carrying out the Initiative, the
    Chief Executive Officer shall ensure participation by small and medium-
    sized enterprises owned by Palestinians, which may include the
    technology sector, the agriculture sector, and other high value-added
    or emerging industries.
        (c) Priority.--In carrying out the Initiative, the Chief Executive
    Officer shall prioritize support to projects that increase economic
    cooperation between Israelis and Palestinians.
        (d) Use of Existing Authorities.--In carrying out the Initiative,
    the Chief Executive Officer shall utilize the authorities under section
    1421 of the Better Utilization of Investments Leading to Development
    Act of 2018 (22 U.S.C. 9621), including to--
                (1) select a manager of the Initiative;
                (2) oversee and direct the operation of the Initiative
            consistent with such Act and other provisions of law;
                (3) provide the Initiative with loans, guaranties, equity,
            and insurance, as appropriate, to enable the Initiative to
            attract private investment;
                (4) support the private sector in entering into joint
            ventures between Palestinian and Israeli entities; and
                (5) carry out the purposes of the Initiative consistent
            with the provisions of this section and other applicable
            provisions of law.
        (e) Annual Report.--
                (1) In general.--Not later than December 31, 2021, and each
            December 31 thereafter until December 31, 2031, the Chief
            Executive Officer shall submit to the appropriate congressional
            committees a report that describes the following:
                        (A) The extent to which the Initiative has
                    contributed to promoting and supporting Palestinian
                    economic development.
                        (B) The extent to which the Initiative has
                    contributed to greater integration of the Palestinian
                    economy into the international rules-based business
                    system.
                        (C) The extent to which projects that increase
                    economic cooperation between Palestinians and Israelis
                    and between Palestinians and Americans have been
                    prioritized, including through support to the private
                    sector to enter into joint ventures.
                        (D) Information on the following:
                                (i) Investments received and provided
                            through the Initiative.
                                (ii) The mechanisms established for
                            transparency and accountability of investments
                            provided through the Initiative.
                        (E) The extent to which entities supported by the
                    Initiative have impacted the efficacy of people-to-
                    people programs.
                        (F) To the extent practicable, an assessment of the
                    sustainability of commercial endeavors that receive
                    support from the Initiative.
                        (G) A description of the process for vetting and
                    oversight of entities eligible for support from the
                    Initiative to ensure compliance with the requirements
                    of section 8006(b) of this Act.
                (2) Form.--The reports required under this subsection shall
            be submitted in unclassified form, without the designation
            ``For Official Use Only'' or any related or successor
            designation, but may be accompanied by a classified annex.
        (f) Termination.--
                (1) In general.--The Initiative shall terminate at the end
            of the fiscal year that is 10 years after the date on which the
            Chief Executive Officer makes the first investment under the
            Initiative.
                (2) Exception.--The Chief Executive Officer is authorized
            to continue to manage investments made under the Initiative on
            and after the date specified in paragraph (1).
        (g) Coordination.--The Chief Executive Officer shall coordinate
    with the Secretary of State and the Administrator of the United States
    Agency for International Development in carrying out the provisions of
    this section.

               limitations, vetting, coordination, and oversight

        Sec. 8006. (a) Limitations.--None of the funds made available to
    carry out this title, or any amendment made by this title, may be used
    to provide--
                (1) financial assistance to the national government of any
            foreign country;
                (2) assistance for--
                        (A) any individual or group the Secretary of State
                    determines to be involved in, or advocating, terrorist
                    activity; or
                        (B) any individual who is a member of a foreign
                    terrorist organization (as designated pursuant to
                    section 219 of the Immigration and Nationality Act (8
                    U.S.C. 1189)); or
                (3) assistance for the Palestinian Authority or the
            Palestine Liberation Organization.
        (b) Applicable Regulations.--Assistance made available under this
    title, and any amendment made by this title, shall adhere to the
    mission directives and vetting practices for assistance for the West
    Bank and Gaza, as set forth by the United States Agency for
    International Development.
        (c) Coordination.--
                (1) The Chief Executive Officer of the United States
            International Development Finance Corporation, acting through
            the Chief Development Officer of such Corporation, shall
            coordinate with the Administrator of the United States Agency
            for International Development and the Secretary of State to
            ensure that all expenditures from the Joint Investment for
            Peace Initiative comply with this section.
                (2) To the extent practicable, the Administrator of the
            United States Agency for International Development and the
            Chief Executive Officer of the United States International
            Development Finance Corporation should coordinate and share
            information in advance of providing resources through the
            People-to-People Partnership for Peace Fund and the Joint
            Investment for Peace Initiative.
        (d) Report.--
                (1) In general.--Not later than 90 days after the end of
            the first fiscal year in which both the People-to-People
            Partnership for Peace Fund and the Joint Investment for Peace
            Initiative are in effect, and annually thereafter, the
            Administrator of the United States Agency for International
            Development and the Chief Executive Officer of the United
            States International Development Finance Corporation shall, in
            coordination with the Secretary of State, jointly submit to the
            appropriate congressional committees a report in writing that
            describes--
                        (A)(i) lessons learned and best practices developed
                    from funding for projects under the People-to-People
                    Partnership for Peace Fund during the prior fiscal
                    year; and
                        (ii) the extent to which such projects have
                    contributed to the purposes of the People-to-People
                    Partnership for Peace Fund;
                        (B)(i) lessons learned and best practices developed
                    from investments provided under the Joint Investment
                    for Peace Initiative during the prior fiscal year; and
                        (ii) the extent to which such investments have
                    contributed to the purposes of the Joint Investment for
                    Peace Initiative; and
                        (C) how the United States International Development
                    Finance Corporation and the United States Agency for
                    International Development coordinate and share
                    information with respect to the People-to-People
                    Partnership for Peace Fund and the Joint Investment for
                    Peace Initiative.
                (2) Consultation.--The Administrator of the United States
            Agency for International Development, in consultation with the
            Secretary of State, shall consult with the advisory board
            established by subsection (e) of section 535 of the Foreign
            Assistance Act of 1961 (as added by section 8004 of this Act)
            to inform the reports required by paragraph (1).

                  appropriate congressional committees defined

        Sec. 8007.  In this title, the term ``appropriate congressional
    committees'' has the meaning given that term in section 1402 of the
    Better Utilization of Investments Leading to Development Act of 2018
    (22 U.S.C. 9601).

                        authorization of appropriations

        Sec. 8008. (a) In General.--There is authorized to be appropriated
    to carry out this title, and the amendments made by this title,
    $50,000,000 for each of the first 5 fiscal years beginning after the
    date of the enactment of this Act.
        (b) Consultation Requirement.--Not later than 90 days after
    enactment of this Act, and prior to the obligation of funds made
    available to implement this title, the Administrator of the United
    States Agency for International Development and the Chief Executive
    Officer of the United States International Development Finance
    Corporation, in coordination with the Secretary of State, shall consult
    with the Committees on Appropriations on the proposed uses of funds.
        (c) Administrative Expenses.--Not more than 5 percent of amounts
    authorized to be appropriated by subsection (a) for a fiscal year
    should be made available for administrative expenses to carry out
    section 535 of the Foreign Assistance Act of 1961 (as added by section
    8004 of this Act).
        (d) Availability.--Amounts authorized to be appropriated by
    subsection (a) for a fiscal year are authorized to remain available for
    such fiscal year and the subsequent 4 fiscal years.

                                    TITLE IX

                      EMERGENCY FUNDING AND OTHER MATTERS

                              DEPARTMENT OF STATE

                       Administration of Foreign Affairs

                     consular and border security programs

        For an additional amount for ``Consular and Border Security
    Programs'', $300,000,000, to remain available until expended, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, which shall be for offsetting losses resulting from
    the coronavirus pandemic of fees and surcharges collected and deposited
    into the account pursuant to section 7081 of division J of Public Law
    115-31:  Provided, That funds made available under this heading in this
    Act shall be in addition to any other funds made available for this
    purpose:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                                  sudan claims

        For necessary expenses to carry out section 7 of the Sudan Claims
    Resolution Act, notwithstanding any other provision of law,
    $150,000,000, to remain available until expended:  Provided, That any
    unexpended balances remaining following the distributions described in
    section 7(b)(1) of the Sudan Claims Resolution Act that are determined
    by the Secretary of State, not later than September 30, 2030, and at
    the close of each fiscal year thereafter, to be excess to the needs of
    such distributions, shall be returned to the general fund of the
    Treasury:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                         BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

                             global health programs

        For an additional amount for ``Global Health Programs'',
    $4,000,000,000, to remain available until September 30, 2022, to
    prevent, prepare for, and respond to coronavirus, including for vaccine
    procurement and delivery:  Provided, That such funds shall be
    administered by the Administrator of the United States Agency for
    International Development and shall be made available as a contribution
    to The GAVI Alliance:  Provided further, That such amount is designated
    by the Congress as being for an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                             economic support fund

        For an additional amount for ``Economic Support Fund'',
    $700,000,000, to remain available until September 30, 2022, which shall
    be for assistance for Sudan, and which may be made available as
    contributions:  Provided, That up to $100,000,000 of such funds may be
    transferred to, and merged with, funds made available under the
    headings ``Global Health Programs'' and ``Transition Initiatives'' in
    Acts making appropriations for the Department of State, foreign
    operations, and related programs:  Provided further, That upon a
    determination by the Secretary of State that funds transferred pursuant
    to the preceding proviso are not necessary for the purposes provided,
    such amounts may be transferred back to such accounts:  Provided
    further, That funds appropriated under this heading in this title may
    be made available notwithstanding any other provision of law for
    contributions authorized under this heading, agriculture and economic
    growth programs, and economic assistance for marginalized areas in
    Sudan and Abyei:  Provided further, That prior to the initial
    obligation of funds appropriated under this heading in this title, the
    Secretary of State shall consult with the Committees on Appropriations:
     Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                           Department of the Treasury

                               debt restructuring

        For an additional amount for ``Debt Restructuring'', $120,000,000,
    to remain available until expended, which may be used, notwithstanding
    any other provision of law, for payment by the Secretary of the
    Treasury to the International Monetary Fund for Heavily Indebted Poor
    Countries debt relief for Sudan:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                         GENERAL PROVISIONS--THIS TITLE

        Sec. 9001.  Each amount appropriated or made available by this
    title is in addition to amounts otherwise appropriated for fiscal year
    2021.
        Sec. 9002.  Notwithstanding section 7034(q)(7) of this division of
    this Act, the additional amounts appropriated by this title to
    appropriations accounts shall be available under the authorities and
    conditions applicable to such appropriations accounts for funds
    appropriated in fiscal year 2021, unless otherwise directed by this
    title.
        Sec. 9003.  Notwithstanding the limitations in sections 609(i) and
    609(j) of the Millennium Challenge Act of 2003 (2211 U.S.C. 7708(j),
    7715), the Millennium Challenge Corporation may, subject to the
    availability of funds, extend any compact in effect as of January 29,
    2020, for up to one additional year, to account for delays related to
    coronavirus:  Provided, That the Corporation shall notify the
    appropriate congressional committees prior to providing any such
    extension.
        This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2021''.

    DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2021

                                    TITLE I

                          DEPARTMENT OF TRANSPORTATION

                            Office of the Secretary

                             salaries and expenses

        For necessary expenses of the Office of the Secretary,
    $126,174,000, of which not to exceed $3,360,000 shall be available for
    the immediate Office of the Secretary; not to exceed $1,200,000 shall
    be available for the immediate Office of the Deputy Secretary; not to
    exceed $22,210,000 shall be available for the Office of the General
    Counsel; not to exceed $11,797,000 shall be available for the Office of
    the Under Secretary of Transportation for Policy; not to exceed
    $16,394,000 shall be available for the Office of the Assistant
    Secretary for Budget and Programs; not to exceed $3,010,000 shall be
    available for the Office of the Assistant Secretary for Governmental
    Affairs; not to exceed $32,239,000 shall be available for the Office of
    the Assistant Secretary for Administration; not to exceed $2,610,000
    shall be available for the Office of Public Affairs; not to exceed
    $2,018,000 shall be available for the Office of the Executive
    Secretariat; not to exceed $13,576,000 shall be available for the
    Office of Intelligence, Security, and Emergency Response; and not to
    exceed $17,760,000 shall be available for the Office of the Chief
    Information Officer:  Provided, That the Secretary of Transportation
    (referred to in this title as the ``Secretary'') is authorized to
    transfer funds appropriated for any office of the Office of the
    Secretary to any other office of the Office of the Secretary:  Provided
    further, That no appropriation for any office shall be increased or
    decreased by more than 7 percent by all such transfers:  Provided
    further, That notice of any change in funding greater than 7 percent
    shall be submitted for approval to the House and Senate Committees on
    Appropriations:  Provided further, That not to exceed $70,000 shall be
    for allocation within the Department for official reception and
    representation expenses as the Secretary may determine:  Provided
    further, That notwithstanding any other provision of law, there may be
    credited to this appropriation up to $2,500,000 in funds received in
    user fees:  Provided further, That none of the funds provided in this
    Act shall be available for the position of Assistant Secretary for
    Public Affairs.

                            research and technology

        For necessary expenses related to the Office of the Assistant
    Secretary for Research and Technology, $22,800,000, of which
    $16,485,000 shall remain available until expended:  Provided, That
    there may be credited to this appropriation, to be available until
    expended, funds received from States, counties, municipalities, other
    public authorities, and private sources for expenses incurred for
    training:  Provided further, That any reference in law, regulation,
    judicial proceedings, or elsewhere to the Research and Innovative
    Technology Administration shall continue to be deemed to be a reference
    to the Office of the Assistant Secretary for Research and Technology of
    the Department of Transportation.

                      national infrastructure investments

                         (including transfer of funds)

        For capital investments in surface transportation infrastructure,
    $1,000,000,000 to remain available until September 30, 2024:  Provided,
    That the Secretary shall distribute amounts made available under this
    heading as discretionary grants to be awarded to a State, local or
    tribal government, U.S. territory, transit agency, port authority,
    metropolitan planning organization, political subdivision of a State or
    local government, or a collaboration among such entities on a
    competitive basis for projects that will have a significant local or
    regional impact:  Provided further, That projects eligible for amounts
    made available under this heading shall include, but not be limited to,
    highway or bridge projects eligible under title 23, United States Code;
    public transportation projects eligible under chapter 53 of title 49,
    United States Code; passenger and freight rail transportation projects;
    port infrastructure investments (including inland port infrastructure
    and land ports of entry); and projects investing in surface
    transportation facilities that are located on tribal land and for which
    title or maintenance responsibility is vested in the Federal
    Government:  Provided further, That of the amount made available under
    this heading, the Secretary shall use an amount not more than
    $30,000,000 for the planning, preparation or design of projects
    eligible for amounts made available under this heading, of which not
    less than $10,000,000 is for projects eligible for amounts made
    available under this heading located in or to directly benefit areas of
    persistent poverty:  Provided further, That the term ``areas of
    persistent poverty'' means any county that has consistently had greater
    than or equal to 20 percent of the population living in poverty during
    the 30-year period preceding the date of enactment of this Act, as
    measured by the 1990 and 2000 decennial census and the most recent
    annual Small Area Income and Poverty Estimates as estimated by the
    Bureau of the Census; any census tract with a poverty rate of at least
    20 percent as measured by the 2014-2018 5-year data series available
    from the American Community Survey of the Bureau of the Census; or any
    territory or possession of the United States:  Provided further, That
    grants awarded under the previous two provisos shall not be subject to
    a minimum grant size:  Provided further, That the Secretary may use up
    to 20 percent of the amounts made available under this heading for the
    purpose of paying the subsidy and administrative costs of projects
    eligible for Federal credit assistance under chapter 6 of title 23,
    United States Code, or sections 501 through 504 of the Railroad
    Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210),
    if the Secretary finds that such use of the funds would advance the
    purposes of this heading:  Provided further, That in distributing
    amounts made available under this heading, the Secretary shall take
    such measures so as to ensure an equitable geographic distribution of
    funds, an appropriate balance in addressing the needs of urban and
    rural areas, including tribal areas, and the investment in a variety of
    transportation modes:  Provided further, That a grant award under this
    heading shall be not less than $5,000,000 and not greater than
    $25,000,000:  Provided further, That not more than 10 percent of the
    amounts made available under this heading may be awarded to projects in
    a single State:  Provided further, That the Federal share of the costs
    for which an amount is provided under this heading shall be, at the
    option of the recipient, up to 80 percent:  Provided further, That the
    Secretary shall give priority to projects that require a contribution
    of Federal funds in order to complete an overall financing package:
    Provided further, That an award under this heading is an urban award if
    it is to a project located within or on the boundary of an Urbanized
    Area (UA), as designated by the Bureau of the Census, that had a
    population greater than 200,000 in the 2010 decennial census:  Provided
    further, That for the purpose of determining if an award for planning,
    preparation or design is an urban award, the project location is the
    location of the project being planned, prepared or designed:  Provided
    further, That each award under this heading that is not an urban award
    is a rural award:  Provided further, That of the amounts awarded under
    this heading, not more than 50 percent shall be awarded as urban awards
    and rural awards, respectively:  Provided further, That for rural
    awards, the minimum grant size shall be $1,000,000:  Provided further,
    That for rural awards and areas of persistent poverty awards the
    Secretary may increase the Federal share of costs above 80 percent:
    Provided further, That projects conducted using amounts made available
    under this heading shall comply with the requirements of subchapter IV
    of chapter 31 of title 40, United States Code:  Provided further, That
    the Secretary shall conduct a new competition to select the grants and
    credit assistance awarded under this heading:  Provided further, That
    the Secretary may retain up to $20,000,000 of the amounts made
    available under this heading, and may transfer portions of such amounts
    to the Administrators of the Federal Highway Administration, the
    Federal Transit Administration, the Federal Railroad Administration and
    the Maritime Administration to fund the award and oversight of grants
    and credit assistance made under the National Infrastructure
    Investments program:  Provided further, That none of the amounts made
    available in the previous proviso may be used to hire additional
    personnel:  Provided further, That the Secretary shall consider and
    award projects based solely on the selection criteria from the fiscal
    year 2017 Notice of Funding Opportunity:  Provided further, That,
    notwithstanding the previous proviso, the Secretary shall not use the
    Federal share or an applicant's ability to generate non-Federal revenue
    as a selection criteria in awarding projects:  Provided further, That
    the Secretary shall issue the Notice of Funding Opportunity no later
    than 120 days after enactment of this Act:  Provided further, That such
    Notice of Funding Opportunity shall require application submissions 90
    days after the publishing of such Notice:  Provided further, That of
    the applications submitted under the previous two provisos, the
    Secretary shall make grants no later than 330 days after enactment of
    this Act in such amounts that the Secretary determines.

         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, $5,000,000,
    to remain available until expended:  Provided, That the Secretary may
    collect and spend fees, as authorized by title 23, United States Code,
    to cover the costs of services of expert firms, including counsel, in
    the field of municipal and project finance to assist in the
    underwriting and servicing of Federal credit instruments and all or a
    portion of the costs to the Federal Government of servicing such credit
    instruments:  Provided further, That such fees are available until
    expended to pay for such costs:  Provided further, That such amounts
    are in addition to other amounts made available for such purposes and
    are not subject to any obligation limitation or the limitation on
    administrative expenses under section 608 of title 23, United States
    Code.

           railroad rehabilitation and improvement financing program

        The Secretary is authorized to issue direct loans and loan
    guarantees pursuant to sections 501 through 504 of the Railroad
    Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210),
    as amended, such authority shall exist as long as any such direct loan
    or loan guarantee is outstanding.

                          financial management capital

        For necessary expenses for upgrading and enhancing the Department
    of Transportation's financial systems and re-engineering business
    processes, $2,000,000, to remain available through September 30, 2022.

                           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, $22,000,000, to remain
    available until September 30, 2022.

                             office of civil rights

        For necessary expenses of the Office of Civil Rights, $9,600,000.

               transportation planning, research, and development

                         (including transfer of funds)

        For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, $9,350,000, to remain available until expended:  Provided, That
    of such amount, $1,000,000 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.

                              working capital fund

                         (including transfer of funds)

        For necessary expenses for operating costs and capital outlays of
    the Working Capital Fund, not to exceed $319,793,000, shall be paid
    from appropriations made available to the Department of Transportation:
     Provided, That such services shall be provided on a competitive basis
    to entities within the Department of Transportation (DOT):  Provided
    further, That the limitation in the preceding proviso on operating
    expenses shall not apply to non-DOT entities:  Provided further, That
    no funds made available by this Act to an agency of the Department
    shall be transferred to the Working Capital Fund without majority
    approval of the Working Capital Fund Steering Committee and approval of
    the Secretary:  Provided further, That no assessments may be levied
    against any program, budget activity, subactivity, or project funded by
    this Act unless notice of such assessments and the basis therefor are
    presented to the House and Senate Committees on Appropriations and are
    approved by such Committees.

           small and disadvantaged business utilization and outreach

        For necessary expenses for small and disadvantaged business
    utilization and outreach activities, $4,714,000, to remain available
    until September 30, 2022:  Provided, That notwithstanding section 332
    of title 49, United States Code, such amounts may be used for business
    opportunities related to any mode of transportation:  Provided further,
    That appropriations made available under this heading shall be
    available for any purpose consistent with prior year appropriations
    that were made available under the heading ``Office of the Secretary--
    Minority Business Resource Center Program''.

                            payments to air carriers

                        (airport and airway trust fund)

        In addition to funds made available from any other source to carry
    out the essential air service program under sections 41731 through
    41742 of title 49, United States Code, $141,724,000, 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.

                      transportation demonstration program

        To expand intermodal and multimodal freight and cargo
    transportation infrastructure, including airport development under
    chapter 471 of title 49, United States Code, $100,000,000, to remain
    available until expended:  Provided, That the Secretary shall
    distribute funds provided under this heading as discretionary grants to
    maritime port authorities or former military airports classified as
    general aviation airports in the National Plan on Integrated Airport
    System report for fiscal years 2019 to 2023:  Provided further, That
    eligible applicants that are maritime port authorities shall use a
    terminal railway and be located not more than 10 miles from a former
    military airport classified as a general aviation airport in the
    National Plan on Integrated Airport System report for fiscal years 2019
    to 2023:  Provided further, That eligible applicants that are former
    military airports classified as general aviation airports in the
    National Plan on Integrated Airport System report for fiscal years 2019
    to 2023 shall be located not more than 10 miles from a maritime port
    authority that uses a terminal railway:  Provided further, That
    projects eligible under this heading shall be located not more than 10
    miles from at least two highways on the Interstate System:  Provided
    further, That the Secretary shall issue the Notice of Funding
    Opportunity no later than 60 days after enactment of this Act.

      administrative provisions--office of the secretary of transportation

                            (including rescissions)

        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 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 van pool benefits, in an amount not to exceed 10 percent of
    fiscal year 2021 collections, shall be available until expended in the
    Department's Working Capital Fund to provide contractual services in
    support of section 199A of this Act:  Provided, That obligations in
    fiscal year 2021 of such collections shall not exceed $1,000,000.
        Sec. 105.  The remaining unobligated balances, as of September 30,
    2021, from amounts made available for the ``Department of
    Transportation--Office of the Secretary--National Infrastructure
    Investments'' in division G of the Consolidated Appropriations Act,
    2019 (Public Law 116-6) are hereby permanently rescinded, and an amount
    of additional new budget authority equivalent to the amount rescinded
    is hereby appropriated on September 30, 2021, to remain available until
    September 30, 2022, and shall be available, without additional
    competition, for completing the funding of awards made pursuant to the
    fiscal year 2019 national infrastructure investments program.
        Sec. 106.  None of the funds in this Act may be obligated or
    expended for retention or senior executive bonuses for an employee of
    the Department of Transportation without the prior written approval of
    the Assistant Secretary for Administration.
        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.

                        Federal Aviation Administration

                                   operations

                        (airport and airway trust fund)

        For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the
    public, the lease or purchase of passenger motor vehicles for
    replacement only, $11,001,500,000, to remain available until September
    30, 2022, of which $10,519,000,000 shall be derived from the Airport
    and Airway Trust Fund:  Provided, That of the sums appropriated under
    this heading--
                (1) not less than $1,479,039,000 shall be available for
            aviation safety activities;
                (2) $8,205,821,000 shall be available for air traffic
            organization activities;
                (3) $27,555,000 shall be available for commercial space
            transportation activities;
                (4) $836,141,000 shall be available for finance and
            management activities;
                (5) $62,862,000 shall be available for NextGen and
            operations planning activities;
                (6) $124,928,000 shall be available for security and
            hazardous materials safety; and
                (7) $265,154,000 shall be available for staff offices:
      Provided further, That not to exceed 5 percent of any budget
    activity, except for aviation safety budget activity, may be
    transferred to any budget activity under this heading:  Provided
    further, That no transfer may increase or decrease any appropriation
    under this heading by more than 5 percent:  Provided further, That any
    transfer in excess of 5 percent shall be treated as a reprogramming of
    funds under section 405 of this Act and shall not be available for
    obligation or expenditure except in compliance with the procedures set
    forth in that section:  Provided further, That not later than 60 days
    after the submission of the budget request, the Administrator of the
    Federal Aviation Administration shall transmit to Congress an annual
    update to the report submitted to Congress in December 2004 pursuant to
    section 221 of the Vision 100-Century of Aviation Reauthorization Act
    (49 U.S.C. 40101 note):  Provided further, That the amounts made
    available under this heading shall be reduced by $100,000 for each day
    after 60 days after the submission of the budget request that such
    report has not been transmitted to Congress:  Provided further, That
    not later than 60 days after the submission of the budget request, the
    Administrator shall transmit to Congress a companion report that
    describes a comprehensive strategy for staffing, hiring, and training
    flight standards and aircraft certification staff in a format similar
    to the one utilized for the controller staffing plan, including stated
    attrition estimates and numerical hiring goals by fiscal year:
    Provided further, That the amounts made available under this heading
    shall be reduced by $100,000 for each day after the date that is 60
    days after the submission of the budget request that such report has
    not been submitted to Congress:  Provided further, That funds may be
    used to enter into a grant agreement with a nonprofit standard-setting
    organization to assist in the development of aviation safety standards:
     Provided further, That none of the funds made available by this Act
    shall be available for new applicants for the second career training
    program:  Provided further, That none of the funds in 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 $172,800,000
    shall be used to fund direct operations of the current air traffic
    control towers in the contract tower program, including the contract
    tower cost share program, and any airport that is currently qualified
    or that will qualify for the program during the fiscal year:  Provided
    further, That none of the funds made available by this Act for
    aeronautical charting and cartography are available for activities
    conducted by, or coordinated through, the Working Capital Fund:
    Provided further, That none of the funds appropriated or otherwise made
    available by this Act or any other Act may be used to eliminate the
    Contract Weather Observers program at any airport.

                            facilities and equipment

                        (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for
    acquisition, establishment, technical support services, improvement by
    contract or purchase, and hire of national airspace systems and
    experimental facilities and equipment, as authorized under part A of
    subtitle VII of title 49, United States Code, including initial
    acquisition of necessary sites by lease or grant; engineering and
    service testing, including construction of test facilities and
    acquisition of necessary sites by lease or grant; construction and
    furnishing of quarters and related accommodations for officers and
    employees of the Federal Aviation Administration stationed at remote
    localities where such accommodations are not available; and the
    purchase, lease, or transfer of aircraft from funds available under
    this heading, including aircraft for aviation regulation and
    certification; to be derived from the Airport and Airway Trust Fund,
    $3,015,000,000, of which $545,000,000 shall remain available until
    September 30, 2022, $2,330,400,000 shall remain available until
    September 30, 2023, and $139,600,000 shall remain available until
    expended:  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 shall transmit to the
    Congress an investment plan for the Federal Aviation Administration
    which includes funding for each budget line item for fiscal years 2022
    through 2026, with total funding for each year of the plan constrained
    to the funding targets for those years as estimated and approved by the
    Office of Management and Budget.

                     research, engineering, and development

                        (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle
    VII of title 49, United States Code, including construction of
    experimental facilities and acquisition of necessary sites by lease or
    grant, $198,000,000, to be derived from the Airport and Airway Trust
    Fund and to remain available until September 30, 2023:  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 funds 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 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)

                         (including transfer of funds)

        For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $3,350,000,000, to be derived from the Airport and Airway
    Trust Fund and to remain available until expended:  Provided, That none
    of the amounts made available under this heading shall be available for
    the planning or execution of programs the obligations for which are in
    excess of $3,350,000,000, in fiscal year 2021, 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 $119,402,000 shall be available for
    administration, not less than $15,000,000 shall be available for the
    Airport Cooperative Research Program, not less than $40,666,000 shall
    be available for Airport Technology Research, and $10,000,000, to
    remain available until expended, shall be available and transferred to
    ``Office of the Secretary, Salaries and Expenses'' to carry out the
    Small Community Air Service Development Program:  Provided further,
    That in addition to airports eligible under section 41743 of title 49,
    United States Code, such program may include the participation of an
    airport that serves a community or consortium that is not larger than a
    small hub airport, according to FAA hub classifications effective at
    the time the Office of the Secretary issues a request for proposals.

                           grants-in-aid for airports

        For an additional amount for ``Grants-In-Aid for Airports'', to
    enable the Secretary 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, $400,000,000, to remain available through
    September 30, 2023:  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:  Provided
    further, That the Secretary shall distribute funds provided under this
    heading as discretionary grants to airports:  Provided further, That
    the amount 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 funds provided under this heading to fund the award and oversight
    by the Administrator of grants made under this heading.

           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 2021.
        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 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 subsection 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 real-time flight tracking of
    that aircraft's movements, except data made available to a Government
    agency, for the noncommercial flights of that owner or operator.
        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.
        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.

                         Federal Highway Administration

                     limitation on administrative expenses

                              (highway trust fund)

                         (including transfer of funds)

        Not to exceed $475,649,049 together with advances and
    reimbursements received by the Federal Highway Administration, shall be
    obligated for necessary expenses for administration and operation of
    the Federal Highway Administration:  Provided, That in addition,
    $3,248,000 shall be transferred to the Appalachian Regional Commission
    in accordance with section 104(a) of title 23, United States Code.

                              federal-aid highways

                          (limitation on obligations)

                              (highway trust fund)

        Funds available for the implementation or execution of Federal-aid
    highway and highway safety construction programs authorized under
    titles 23 and 49, United States Code, and the provisions of the Fixing
    America's Surface Transportation (FAST) Act (Public Law 114-94) shall
    not exceed total obligations of $46,365,092,000 for fiscal year 2021.

                    (liquidation of contract authorization)

                              (highway trust fund)

        For the payment of obligations incurred in carrying out Federal-aid
    highway and highway safety construction programs authorized under title
    23, United States Code, $47,104,092,000 derived from the Highway Trust
    Fund (other than the Mass Transit Account), to remain available until
    expended.

                        highway infrastructure programs

        There is hereby appropriated to the Secretary $2,000,000,000:
    Provided, That the funds made available under this heading shall be
    derived from the general fund, shall be in addition to any funds
    provided for fiscal year 2021 in this or any other Act for: (1)
    ``Federal-aid Highways'' under chapter 1 of title 23, United States
    Code; or (2) the Appalachian Development Highway System as authorized
    under section 1069(y) of Public Law 102-240, and shall not affect the
    distribution or amount of funds provided in any other Act:  Provided
    further, That section 1101(b) of Public Law 114-94 shall apply to funds
    made available under this heading:  Provided further, That unless
    otherwise specified, amounts made available under this heading shall be
    available until September 30, 2024:  Provided further, That of the
    funds made available under this heading--
                (1) $640,650,000 shall be for activities eligible under
            section 133(b) of title 23, United States Code, and to provide
            necessary charging infrastructure along corridor-ready or
            corridor-pending alternative fuel corridors designated pursuant
            to section 151 of title 23, United States Code;
                (2) $2,700,000 shall be for activities eligible under the
            Puerto Rico Highway Program as described in section
            165(b)(2)(C) of title 23, United States Code;
                (3) $650,000 shall be for activities eligible under the
            Territorial Highway Program, as described in section 165(c)(6)
            of title 23, United States Code;
                (4) $100,000,000 shall be for the nationally significant
            Federal lands and tribal projects program under section 1123 of
            the FAST Act;
                (5) $1,080,000,000 shall be for a bridge replacement and
            rehabilitation program;
                (6) $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;
                (7) $16,000,000 shall be for the national scenic byways
            program under section 162 of title 23, United States Code;
                (8) $50,000,000 shall be for competitive grants for
            activities described in section 130(a) of title 23, United
            States Code;
                (9) $5,000,000 shall be for the Regional Infrastructure
            Accelerator Demonstration Program authorized under section 1441
            of the FAST Act; and
                (10) $5,000,000 shall be for a National Road Network Pilot
            Program for the Federal Highway Administration to create a
            national level, geo-spatial dataset that uses data already
            collected under the Highway Performance Monitoring System:
      Provided further, That for the purposes of funds made available under
    this heading, in paragraph (1) of the fourth proviso, the term
    ``State'' means any of the 50 States or the District of Columbia:
    Provided further, That the funds made available under this heading, in
    paragraph (1) of the fourth proviso, shall be suballocated in the
    manner described in section 133(d) of title 23, United States Code,
    except that the set-aside described in section 133(h) of such title
    shall not apply to funds made available under this heading, in
    paragraph (1) of the fourth proviso:  Provided further, That the funds
    made available under this heading, in paragraphs (1), (5), (7), and (8)
    of the fourth proviso, shall be administered as if apportioned under
    chapter 1 of such title:  Provided further, That, the funds made
    available under this heading, in paragraph (1) of the fourth proviso,
    shall be apportioned to the States in the same ratio as the obligation
    limitation for fiscal year 2021 is distributed among the States in
    section 120(a)(5) of this Act:  Provided further, That, except as
    provided in the following proviso, the funds made available under this
    heading for activities eligible under the Puerto Rico Highway Program
    and activities eligible under the Territorial Highway Program shall be
    administered as if allocated under sections 165(b) and 165(c),
    respectively, of title 23, United States Code:  Provided further, That
    the funds made available under this heading for activities eligible
    under the Puerto Rico Highway Program shall not be subject to the
    requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of such title:
    Provided further, That not less than 25 percent of the funds made
    available under this heading for the nationally significant Federal
    lands and tribal projects program under section 1123 of the FAST Act
    shall be for competitive grants to tribal governments:  Provided
    further, That for the purposes of funds made available under this
    heading 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 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 for a bridge replacement and
    rehabilitation program to each qualifying State by the proportion that
    the percentage of total deck area of bridges classified as in poor
    condition in such qualifying State bears to the sum of the percentages
    of total deck area of bridges classified as in poor condition in all
    qualifying States:  Provided further, That for the bridge replacement
    and rehabilitation program:
                (1) no qualifying State shall receive more than
            $60,000,000;
                (2) each State shall receive an amount not less than
            $6,000,000; and
                (3) after calculating the distribution of funds pursuant to
            the preceding proviso, any amount in excess of $60,000,000
            shall be redistributed equally among each State that does not
            meet the definition of a qualifying State:
      Provided further, That funds provided to States that do not meet the
    definition of a qualifying State for the bridge replacement and
    rehabilitation program shall be: (1) merged with amounts made available
    to such State under this heading, in paragraph (1) of the fourth
    proviso; (2) available for activities eligible under paragraph (1) of
    the fourth proviso; and (3) administered as if apportioned under
    chapter 1 of title 23, United States Code:  Provided further, That,
    except as provided in the preceding proviso, the funds made available
    under this heading 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 for construction of the Appalachian Development Highway System,
    the term ``Appalachian State'' means a State that contains 1 or more
    counties (including any political subdivision located within the area)
    in the Appalachian region as defined in section 14102(a) of title 40,
    United States Code:  Provided further, That funds made available under
    this heading for construction of the Appalachian Development Highway
    System shall remain available until expended:  Provided further, That a
    project carried out with funds made available under this heading for
    construction of the Appalachian Development Highway System shall be
    carried out in the same manner as a project under section 14501 of
    title 40, United States Code:  Provided further, That subject to the
    following proviso, funds made available under this heading for
    construction of the Appalachian Development Highway System shall be
    apportioned to Appalachian States according to the percentages derived
    from the 2012 Appalachian Development Highway System Cost-to-Complete
    Estimate, adopted in Appalachian Regional Commission Resolution Number
    736, and confirmed as each Appalachian State's relative share of the
    estimated remaining need to complete the Appalachian Development
    Highway System, adjusted to exclude those corridors that such States
    have no current plans to complete, as reported in the 2013 Appalachian
    Development Highway System Completion Report, unless those States have
    modified and assigned a higher priority for completion of an
    Appalachian Development Highway System corridor, as reported in the
    2020 Appalachian Development Highway System Future Outlook:  Provided
    further, That the Secretary shall adjust apportionments made under the
    preceding proviso so that no Appalachian State shall be apportioned an
    amount in excess of 30 percent of the amount made available for
    construction of the Appalachian Development Highway System under this
    heading:  Provided further, That the Secretary shall consult with the
    Appalachian Regional Commission in making adjustments under the
    preceding two provisos:  Provided further, That the Federal share of
    the costs for which an expenditure is made for construction of the
    Appalachian Development Highway System under this heading shall be up
    to 100 percent:  Provided further, That the funds made available under
    this heading, in paragraph (8) of the fourth proviso, shall be
    available for projects eligible under section 130(a) of title 23,
    United States Code, for commuter authorities, as defined in section
    24102(2) of title 49, United States Code, that experienced at least one
    accident investigated by the National Transportation Safety Board
    between January 1, 2008 and December 31, 2018, and for which the
    National Transportation Safety Board issued an accident report:
    Provided further, That for amounts made available under this heading,
    in paragraphs (8), (9), and (10) of the fourth proviso, the Federal
    share of the costs shall be, at the option of the recipient, up to 100
    percent.

           administrative provisions--federal highway administration

        Sec. 120. (a) For fiscal year 2021, the Secretary of Transportation
    shall--
                (1) not distribute from the obligation limitation for
            Federal-aid highways--
                        (A) amounts authorized for administrative expenses
                    and programs by section 104(a) of title 23, United
                    States Code; and
                        (B) amounts authorized for the Bureau of
                    Transportation Statistics;
                (2) not distribute an amount from the obligation limitation
            for Federal-aid highways that is equal to the unobligated
            balance of amounts--
                        (A) made available from the Highway Trust Fund
                    (other than the Mass Transit Account) for Federal-aid
                    highway and highway safety construction programs for
                    previous fiscal years the funds for which are allocated
                    by the Secretary (or apportioned by the Secretary under
                    sections 202 or 204 of title 23, United States Code);
                    and
                        (B) for which obligation limitation was provided in
                    a previous fiscal year;
                (3) determine the proportion that--
                        (A) the obligation limitation for Federal-aid
                    highways, less the aggregate of amounts not distributed
                    under paragraphs (1) and (2) of this subsection; bears
                    to
                        (B) the total of the sums authorized to be
                    appropriated for the Federal-aid highway and highway
                    safety construction programs (other than sums
                    authorized to be appropriated for provisions of law
                    described in paragraphs (1) through (11) of subsection
                    (b) and sums authorized to be appropriated for section
                    119 of title 23, United States Code, equal to the
                    amount referred to in subsection (b)(12) for such
                    fiscal year), less the aggregate of the amounts not
                    distributed under paragraphs (1) and (2) of this
                    subsection;
                (4) distribute the obligation limitation for Federal-aid
            highways, less the aggregate amounts not distributed under
            paragraphs (1) and (2), for each of the programs (other than
            programs to which paragraph (1) applies) that are allocated by
            the Secretary under the Fixing America's Surface Transportation
            Act and title 23, United States Code, or apportioned by the
            Secretary under sections 202 or 204 of that title, by
            multiplying--
                        (A) the proportion determined under paragraph (3);
                    by
                        (B) the amounts authorized to be appropriated for
                    each such program for such fiscal year; and
                (5) distribute the obligation limitation for Federal-aid
            highways, less the aggregate amounts not distributed under
            paragraphs (1) and (2) and the amounts distributed under
            paragraph (4), for Federal-aid highway and highway safety
            construction programs that are apportioned by the Secretary
            under title 23, United States Code (other than the amounts
            apportioned for the National Highway Performance Program in
            section 119 of title 23, United States Code, that are exempt
            from the limitation under subsection (b)(12) and the amounts
            apportioned under sections 202 and 204 of that title) in the
            proportion that--
                        (A) amounts authorized to be appropriated for the
                    programs that are apportioned under title 23, United
                    States Code, to each State for such fiscal year; bears
                    to
                        (B) the total of the amounts authorized to be
                    appropriated for the programs that are apportioned
                    under title 23, United States Code, to all States for
                    such fiscal year.
        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations
    under or for--
                (1) section 125 of title 23, United States Code;
                (2) section 147 of the Surface Transportation Assistance
            Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
                (3) section 9 of the Federal-Aid Highway Act of 1981 (95
            Stat. 1701);
                (4) subsections (b) and (j) of section 131 of the Surface
            Transportation Assistance Act of 1982 (96 Stat. 2119);
                (5) subsections (b) and (c) of section 149 of the Surface
            Transportation and Uniform Relocation Assistance Act of 1987
            (101 Stat. 198);
                (6) sections 1103 through 1108 of the Intermodal Surface
            Transportation Efficiency Act of 1991 (105 Stat. 2027);
                (7) section 157 of title 23, United States Code (as in
            effect on June 8, 1998);
                (8) section 105 of title 23, United States Code (as in
            effect for fiscal years 1998 through 2004, but only in an
            amount equal to $639,000,000 for each of those fiscal years);
                (9) Federal-aid highway programs for which obligation
            authority was made available under the Transportation Equity
            Act for the 21st Century (112 Stat. 107) or subsequent Acts for
            multiple years or to remain available until expended, but only
            to the extent that the obligation authority has not lapsed or
            been used;
                (10) section 105 of title 23, United States Code (as in
            effect for fiscal years 2005 through 2012, but only in an
            amount equal to $639,000,000 for each of those fiscal years);
                (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
            Stat. 1248), to the extent that funds obligated in accordance
            with that section were not subject to a limitation on
            obligations at the time at which the funds were initially made
            available for obligation; and
                (12) section 119 of title 23, United States Code (but, for
            each of fiscal years 2013 through 2021, only in an amount equal
            to $639,000,000).
        (c) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (a), the Secretary shall, after August 1 of such fiscal
    year--
                (1) revise a distribution of the obligation limitation made
            available under subsection (a) if an amount distributed cannot
            be obligated during that fiscal year; and
                (2) redistribute sufficient amounts to those States able to
            obligate amounts in addition to those previously distributed
            during that fiscal year, giving priority to those States having
            large unobligated balances of funds apportioned under sections
            144 (as in effect on the day before the date of enactment of
            Public Law 112-141) and 104 of title 23, United States Code.
        (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--
                (1) In general.--Except as provided in paragraph (2), the
            obligation limitation for Federal-aid highways shall apply to
            contract authority for transportation research programs carried
            out under--
                        (A) chapter 5 of title 23, United States Code; and
                        (B) title VI of the Fixing America's Surface
                    Transportation Act.
                (2) Exception.--Obligation authority made available under
            paragraph (1) shall--
                        (A) remain available for a period of 4 fiscal
                    years; and
                        (B) be in addition to the amount of any limitation
                    imposed on obligations for Federal-aid highway and
                    highway safety construction programs for future fiscal
                    years.
                        (e) Redistribution of certain authorized funds.--
                (1) In general.--Not later than 30 days after the date of
            distribution of obligation limitation under subsection (a), the
            Secretary shall distribute to the States any funds (excluding
            funds authorized for the program under section 202 of title 23,
            United States Code) that--
                        (A) are authorized to be appropriated for such
                    fiscal year for Federal-aid highway programs; and
                        (B) the Secretary determines will not be allocated
                    to the States (or will not be apportioned to the States
                    under section 204 of title 23, United States Code), and
                    will not be available for obligation, for such fiscal
                    year because of the imposition of any obligation
                    limitation for such fiscal year.
                (2) Ratio.--Funds shall be distributed under paragraph (1)
            in the same proportion as the distribution of obligation
            authority under subsection (a)(5).
                (3) Availability.--Funds distributed to each State under
            paragraph (1) shall be available for any purpose described in
            section 133(b) of title 23, United States Code.
        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 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, 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, 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.

                  Federal Motor Carrier Safety Administration

                  motor carrier safety operations and programs

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

                         (including transfers of funds)

        For payment of obligations incurred in the implementation,
    execution and administration of motor carrier safety operations and
    programs pursuant to section 31110 of title 49, United States Code, as
    amended by the Fixing America's Surface Transportation Act (Public Law
    114-94), $328,143,124, to be derived from the Highway Trust Fund (other
    than the Mass Transit Account), of which $9,896,127 is to be
    transferred and made available from prior year unobligated contract
    authority provided for National Motor Carrier Safety Program or Motor
    Carrier Safety in the Transportation Equity Act for the 21st Century
    (Public Law 105-178), SAFETEA-LU (Public Law 109-59), or other
    appropriations or authorization Acts, together with advances and
    reimbursements received by the Federal Motor Carrier Safety
    Administration, the sum of which shall remain available until expended:
     Provided, That funds available for implementation, execution, or
    administration of motor carrier safety operations and programs
    authorized under title 49, United States Code, shall not exceed total
    obligations of $328,143,124, for ``Motor Carrier Safety Operations and
    Programs'' for fiscal year 2021, of which $9,073,000, to remain
    available for obligation until September 30, 2023, is for the research
    and technology program, and of which not less than $75,447,124, to
    remain available for obligation until September 30, 2023, 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)

                         (including transfers of funds)

        For payment of obligations incurred in carrying out sections 31102,
    31103, 31104, and 31313 of title 49, United States Code, as amended by
    the Fixing America's Surface Transportation Act (Public Law 114-94),
    $389,800,000, to be derived from the Highway Trust Fund (other than the
    Mass Transit Account) and to remain available until expended:
    Provided, That funds available for the implementation or execution of
    motor carrier safety programs shall not exceed total obligations of
    $389,800,000 in fiscal year 2021 for ``Motor Carrier Safety Grants'':
    Provided further, That of the sums appropriated under this heading:
                (1) $308,700,000 shall be available for the motor carrier
            safety assistance program;
                (2) $33,200,000 shall be available for the commercial
            driver's license program implementation program;
                (3) $45,900,000 shall be available for the high priority
            activities program, of which $1,000,000 is to be made available
            from prior year unobligated contract authority provided for
            Motor Carrier Safety Grants in the Transportation Equity Act
            for the 21st Century (Public Law 105-178), SAFETEA-LU (Public
            Law 109-59), or other appropriations or authorization Acts; and
                (4) $2,000,000 shall be made available for commercial motor
            vehicle operators grants, of which $1,000,000 is to be made
            available from prior year unobligated contract authority
            provided for Motor Carrier Safety Grants in the Transportation
            Equity Act for the 21st Century (Public Law 105-178), SAFETEA-
            LU (Public Law 109-59), or other appropriations or
            authorization Acts:
      Provided further, That of the unobligated amounts provided for Motor
    Carrier Safety Grants in the Transportation Equity Act for the 21st
    Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59), the FAST
    Act (Public Law 114-94) or other appropriation or authorization acts
    prior to fiscal year 2021, $30,000,000 in additional obligation
    limitation, shall be transferred and made available for a study of the
    cause of large truck crashes and shall remain available until expended:
     Provided further, That the activities funded by the previous proviso
    may be accomplished through direct expenditure, direct research
    activities, grants, cooperative agreements, contracts, intra or
    interagency agreements, or other agreements with public organizations:
    Provided further, That such amounts, payments, and obligation
    limitation as may be necessary to carry out the study of the cause of
    large truck crashes may be transferred and credited to appropriate
    accounts of other participating Federal agencies:  Provided further,
    That $30,000,000 for payment of obligations incurred in carrying out
    this section shall be derived from the Highway Trust Fund (other than
    the Mass Transit Account), to be available until expended.

     administrative provisions--federal motor carrier safety administration

        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 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,
    $194,167,000, of which $40,000,000 shall remain available through
    September 30, 2022.

                            operations and research

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 403, including behavioral research on Automated Driving
    Systems and Advanced Driver Assistance Systems and improving consumer
    responses to safety recalls, section 4011 of the Fixing America's
    Surface Transportation Act (Public Law 114-94), and chapter 303 of
    title 49, United States Code, $155,300,000, to be derived from the
    Highway Trust Fund (other than the Mass Transit Account) and to remain
    available until expended:  Provided, That none of the funds in this Act
    shall be available for the planning or execution of programs the total
    obligations for which, in fiscal year 2021, are in excess of
    $155,300,000:  Provided further, That of the sums appropriated under
    this heading--
                (1) $149,800,000 shall be for programs authorized under 23
            U.S.C. 403, including behavioral research on Automated Driving
            Systems and Advanced Driver Assistance Systems and improving
            consumer responses to safety recalls, and section 4011 of the
            Fixing America's Surface Transportation Act (Public Law 114-
            94); and
                (2) $5,500,000 shall be for the National Driver Register
            authorized under chapter 303 of title 49, United States Code:
      Provided further, That within the $155,300,000 obligation limitation
    for operations and research, $20,000,000 shall remain available until
    September 30, 2022, and $3,000,000, for impaired driving detection,
    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 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 2021 in this Act.

                         highway traffic safety grants

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out provisions of
    23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
    America's Surface Transportation Act (Public Law 114-94), to remain
    available until expended, $623,017,000, to be derived from the Highway
    Trust Fund (other than the Mass Transit Account):  Provided, That none
    of the funds in this Act shall be available for the planning or
    execution of programs for which the total obligations in fiscal year
    2021 are in excess of $623,017,000 for programs authorized under 23
    U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
    America's Surface Transportation Act:  Provided further, That of the
    sums appropriated under this heading--
                (1) $279,800,000 shall be for ``Highway Safety Programs''
            under 23 U.S.C. 402;
                (2) $285,900,000 shall be for ``National Priority Safety
            Programs'' under 23 U.S.C. 405;
                (3) $30,500,000 shall be for the ``High Visibility
            Enforcement Program'' under 23 U.S.C. 404; and
                (4) $26,817,000 shall be for ``Administrative Expenses''
            under section 4001(a)(6) of the Fixing America's Surface
            Transportation Act:
      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 23
    U.S.C. 405 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 23 U.S.C. 405(a)(8), 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 previous proviso or under 23 U.S.C. 405(a)(8) within 5 days.

          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, 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.  In addition to the amounts made available under the
    heading, ``Operations and Research (Liquidation of Contract
    Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
    carrying out the provisions of section 403 of title 23, United States
    Code, $17,000,000, to remain available until September 30, 2022, shall
    be made available to the National Highway Traffic Safety Administration
    from the general fund:  Provided, That of the sums provided under this
    provision--
                (1) not to exceed $7,000,000 shall be available to provide
            funding for grants, pilot program activities, and innovative
            solutions to reduce impaired-driving fatalities in
            collaboration with eligible entities under section 403 of title
            23, United States Code; and
                (2) not to exceed $10,000,000 shall be available to
            continue a high visibility enforcement paid-media campaign
            regarding highway-rail grade crossing safety in collaboration
            with the Federal Railroad Administration.
        Sec. 143.  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, $234,905,000, of which $25,000,000 shall remain
    available until expended.

                       railroad research and development

        For necessary expenses for railroad research and development,
    $41,000,000, to remain available until expended.

               federal-state partnership for state of good repair

        For necessary expenses related to Federal-State Partnership for
    State of Good Repair Grants as authorized by section 24911 of title 49,
    United States Code, $200,000,000, to remain available until expended:
    Provided, That expenses incidental to the acquisition or construction
    (including designing, engineering, location surveying, mapping,
    environmental studies, and acquiring rights-of-way) of a capital
    project as defined under section 24911(a)(2) of title 49, United States
    Code, are eligible for funding independently or in conjunction with
    proposed funding for construction:  Provided further, That the
    Secretary may withhold up to 1 percent of the amount provided under
    this heading for the costs of award and project management oversight of
    grants carried out under section 24911 of title 49, United States Code.

            consolidated rail infrastructure and safety improvements

                         (including transfer of funds)

        For necessary expenses related to Consolidated Rail Infrastructure
    and Safety Improvements Grants, as authorized by section 22907 of title
    49, United States Code, $375,000,000, to remain available until
    expended:  Provided, That of the amounts made available under this
    heading--
                (1) not less than $75,000,000 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:
            Provided, That the Secretary shall give preference for pre-
            construction elements including preliminary engineering and
            final design of such projects; and
                (2) not less than $25,000,000 shall be for capital projects
            and engineering solutions targeting trespassing:  Provided,
            That the Secretary shall give preference for such projects that
            are located in counties with the most pedestrian trespasser
            casualties as identified in the Federal Railroad
            Administration's National Strategy to Prevent Trespassing on
            Railroad Property:
      Provided further, That section 22905(f) of title 49, United States
    Code, shall not apply to projects for the implementation of positive
    train control systems otherwise eligible under section 22907(c)(1) of
    title 49, United States Code:  Provided further, That amounts made
    available under this heading for projects selected for commuter rail
    passenger transportation may be transferred by the Secretary, after
    selection, to the appropriate agencies to be administered in accordance
    with chapter 53 of title 49, United States Code:  Provided further,
    That the Secretary shall not limit eligible projects from consideration
    for funding for planning, engineering, environmental, construction, and
    design elements of the same project in the same application:  Provided
    further, That for amounts available under this heading eligible
    recipients under section 22907(b) of title 49, United States Code,
    shall include any holding company of a Class II railroad or Class III
    railroad (as those terms are defined in section 20102 of title 49,
    United States Code):  Provided further, That unobligated balances
    remaining after 6 years from the date of enactment of this Act may be
    used for any eligible project under section 22907(c) of title 49,
    United States Code:  Provided further, That the Secretary may withhold
    up to 1 percent of the amount provided under this heading for the costs
    of award and project management oversight of grants carried out under
    section 22907 of title 49, United States Code.

               magnetic levitation technology deployment program

        For necessary expenses related to the deployment of magnetic
    levitation transportation projects, consistent with language in
    subsections (a) through (c) of section 1307 of SAFETEA-LU (Public Law
    109-59), as amended by section 102 of the SAFETEA-LU Technical
    Corrections Act of 2008 (Public Law 110-244) (23 U.S.C. 322 note),
    $2,000,000, to remain available until expended.

                          restoration and enhancement

        For necessary expenses related to Restoration and Enhancement
    Grants, as authorized by section 24408 of title 49, United States Code,
    $4,720,000, to remain available until expended:  Provided, That the
    Secretary may withhold up to 1 percent of the funds provided under this
    heading to fund the costs of award and project management and
    oversight.

         northeast corridor grants to the national railroad passenger
                                  corporation

        To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation for activities associated with
    the Northeast Corridor as authorized by section 11101(a) of the Fixing
    America's Surface Transportation Act (division A of Public Law 114-94),
    $700,000,000, to remain available until expended:  Provided, That the
    Secretary may retain up to one-half of 1 percent of the funds provided
    under both this heading and the ``National Network Grants to the
    National Railroad Passenger Corporation'' heading to fund the costs of
    project management and oversight of activities authorized by section
    11101(c) of division A of Public Law 114-94:  Provided further, That in
    addition to the project management oversight funds authorized under
    section 11101(c) of division A of Public Law 114-94, the Secretary may
    retain up to an additional $5,000,000 of the funds provided under this
    heading to fund expenses associated with the Northeast Corridor
    Commission established under section 24905 of title 49, United States
    Code:  Provided further, That of the amounts made available under this
    heading and the ``National Network Grants to the National Railroad
    Passenger Corporation'' heading, not less than $75,000,000 shall be
    made available to bring Amtrak-served facilities and stations into
    compliance with the Americans with Disabilities Act:  Provided further,
    That of the amounts made available under this heading and the
    ``National Network Grants to the National Railroad Passenger
    Corporation'' heading, $100,000,000 shall be made available to fund the
    replacement of the single-level passenger cars used on the Northeast
    Corridor, State-supported routes, and long-distance routes, as such
    terms are defined in section 24102 of title 49, United States Code.

     national network grants to the national railroad passenger corporation

        To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation for activities associated with
    the National Network as authorized by section 11101(b) of the Fixing
    America's Surface Transportation Act (division A of Public Law 114-94),
    $1,300,000,000, to remain available until expended:  Provided, That the
    Secretary may retain up to an additional $2,000,000 of the funds
    provided under this heading to fund expenses associated with the State-
    Supported Route Committee established under section 24712 of title 49,
    United States Code:  Provided further, That at least $50,000,000 of the
    amount provided under this heading shall be available for the
    development, installation and operation of railroad safety technology,
    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:  Provided further, That none of the
    funds provided under this heading shall be used by Amtrak to give
    notice under subsection (a) or (b) of section 24706 of title 49, United
    States Code, with respect to long-distance routes (as defined in
    section 24102 of title 49, United States Code) on which Amtrak is the
    sole operator on a host railroad's line and a positive train control
    system is not required by law or regulation, or, except in an emergency
    or during maintenance or construction outages impacting such routes, to
    otherwise discontinue, reduce the frequency of, suspend, or
    substantially alter the route of rail service on any portion of such
    route operated in fiscal year 2018, including implementation of service
    permitted by section 24305(a)(3)(A) of title 49, United States Code, in
    lieu of rail service.

           administrative provisions--federal railroad administration

                            (including rescissions)

        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 2020 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 2020 and for the
    3 prior calendar years.
        Sec. 151.  None of the funds made available to the National
    Railroad Passenger Corporation under the headings ``Northeast Corridor
    Grants to the National Railroad Passenger Corporation'' and ``National
    Network Grants to the National Railroad Passenger Corporation'' may be
    used to reduce the total number of Amtrak Police Department uniformed
    officers patrolling on board passenger trains or at stations,
    facilities or rights-of-way below the staffing level on May 1, 2019.
        Sec. 152.  None of the funds made available by this Act may be used
    by the National Railroad Passenger Corporation in contravention of the
    Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
    seq.).
        Sec. 153.  The matter under the heading ``Department of
    Transportation--Federal Railroad Administration--Consolidated Rail
    Infrastructure and Safety Improvements''--
                (1) in division G of the Consolidated Appropriations Act,
            2019 (Public Law 116-6) is amended by striking ``4 years'' and
            inserting ``6 years'' in the fourth proviso; and
                (2) in division H of the Further Consolidated
            Appropriations Act, 2020 (Public Law 116-94) is amended by
            striking ``4 years'' and inserting ``6 years'' in the fourth
            proviso.
        Sec. 154.  Of the unobligated balances of funds remaining from--
                (1) ``Capital and Debt Service Grants to the National
            Railroad Passenger Corporation'' accounts totaling
            $10,458,135.54 appropriated by the following public laws are
            hereby permanently rescinded:
                        (A) Public Law 112-10 a total of $289,234.48;
                        (B) Public Law 112-55 a total of $4,760,000.00;
                        (C) Public Law 113-76 a total of $792,502.52;
                        (D) Public Law 113-235 a total of $1,698,806.61;
                    and
                        (E) Public Law 114-113 a total of $2,917,591.93;
                (2) ``Railroad Safety Technology Program'' account totaling
            $613,252.29 appropriated by Public Law 111-117 is hereby
            permanently rescinded;
                (3) ``Capital Assistance to States--Intercity Passenger
            Rail Service'' account totaling $10,164,885.13 appropriated by
            Public Law 111-8 is hereby permanently rescinded;
                (4) ``Rail Line Relocation and Improvement Program''
            accounts totaling $12,650,365.14 appropriated by the following
            public laws are hereby permanently rescinded:
                        (A) Public Law 110-161 a total of $923,214.63;
                        (B) Public Law 111-8 a total of $5,558,233.95;
                        (C) Public Law 111-117 a total of $3,763,767.95;
                    and
                        (D) Public Law 112-10 a total of $2,405,148.61; and
                (5) ``Next Generation High-Speed Rail'' accounts totaling
            $3,034,848.52 appropriated by the following public laws are
            hereby permanently rescinded:
                        (A) Public Law 104-50 a total of $610,807.00;
                        (B) Public Law 104-205 a total of $5,963.71;
                        (C) Public Law 105-66 a total of $1,218,742.47;
                        (D) Public Law 105-277 a total of $17,097.00;
                        (E) Public Law 106-69 a total of $1,005,969.00;
                        (F) Public Law 108-7 a total of $43,951.57;
                        (G) Public Law 108-199 a total of $24,263.48; and
                        (H) Public Law 108-447 a total of $108,054.29.
        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).

                         Federal Transit Administration

                            administrative expenses

        For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $121,052,000 which shall remain available until September
    30, 2022, and up to $1,000,000 shall be available to carry out the
    provisions of section 5326 of such title:  Provided, That upon
    submission to the Congress of the fiscal year 2022 President's budget,
    the Secretary of Transportation shall transmit to Congress the annual
    report on Capital Investment Grants, including proposed allocations for
    fiscal year 2022.

                             transit formula grants

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in the Federal Public
    Transportation Assistance Program in this account, and for payment of
    obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
    5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
    5340, as amended by the Fixing America's Surface Transportation Act,
    section 20005(b) of Public Law 112-141, and section 3006(b) of the
    Fixing America's Surface Transportation Act, $10,800,000,000, to be
    derived from the Mass Transit Account of the Highway Trust Fund and to
    remain available until expended:  Provided, That funds available for
    the implementation or execution of programs authorized under 49 U.S.C.
    5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
    and 5340, as amended by the Fixing America's Surface Transportation
    Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the
    Fixing America's Surface Transportation Act, shall not exceed total
    obligations of $10,150,348,462 in fiscal year 2021:  Provided further,
    That the Federal share of the cost of activities carried out under 49
    U.S.C. section 5312 shall not exceed 80 percent, except that if there
    is substantial public interest or benefit, the Secretary may approve a
    greater Federal share.

                         transit infrastructure grants

        For an additional amount for buses and bus facilities grants under
    section 5339 of title 49, United States Code, low or no emission grants
    under section 5339(c) of such title, formula grants to rural areas
    under section 5311 of such title, high density state apportionments
    under section 5340(d) of such title, state of good repair grants under
    section 5337 of such title, ferry boats grants under section 5307(h) of
    such title, bus testing facilities under section 5318 of such title,
    grants to areas of persistent poverty, innovative mobility solutions
    grants under section 5312 of such title, and accelerating innovative
    mobility initiative grants under section 5312 such title, $516,220,000,
    to remain available until expended:  Provided, That of the sums
    provided under this heading--
                (1) $243,000,000 shall be available for the buses and bus
            facilities grants as authorized under section 5339 of such
            title, of which $118,000,000 shall be available for the buses
            and bus facilities formula grants as authorized under section
            5339(a) of such title, and $125,000,000 shall be available for
            buses and bus facilities competitive grants as authorized under
            section 5339(b) of such title;
                (2) $125,000,000 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) $40,000,000 shall be available for formula grants for
            rural areas as authorized under section 5311 of such title;
                (4) $40,000,000 shall be available for the high density
            state apportionments as authorized under section 5340(d) of
            such title;
                (5) $40,000,000 shall be available for state of good repair
            grants as authorized under section 5337 of such title;
                (6) $8,000,000 shall be available for ferry boat grants as
            authorized under section 5307(h) of such title:  Provided, That
            of the amounts provided under this subparagraph, $4,000,000
            shall only be available for low or zero-emission ferries or
            ferries using electric battery or fuel cell components and the
            infrastructure to support such ferries;
                (7) $2,000,000 shall be available for the operation and
            maintenance of the bus testing facilities selected under
            section 5318 of such title;
                (8) $16,220,000 shall be available for competitive grants
            to eligible entities to assist areas of persistent poverty:
            Provided, That the term ``areas of persistent poverty'' means
            any county that has consistently had greater than or equal to
            20 percent of the population living in poverty during the 30
            year period preceding the date of enactment of this Act, as
            measured by the 1990 and 2000 decennial census and the most
            recent Small Area Income and Poverty Estimates as estimated by
            the Bureau of the Census; any census tract with a poverty rate
            of at least 20 percent as measured by the 2014-2018 5-year data
            series available from the American Community Survey of the
            Bureau of the Census; or any territory or possession of the
            United States:  Provided further, That grants shall be for
            planning, engineering, or development of technical or financing
            plans for projects eligible under chapter 53 of title 49,
            United States Code:  Provided further, That eligible entities
            are those defined as eligible recipients or subrecipients under
            sections 5307, 5310 or 5311 of title 49, United States Code,
            and are in areas of persistent poverty:  Provided further, That
            the Federal Transit Administration should complete outreach to
            such counties and the departments of transportation within
            applicable States via personal contact, webinars, web materials
            and other appropriate methods determined by the Administrator
            of the Federal Transit Administration:  Provided further, That
            State departments of transportation may apply on behalf of
            eligible entities within their States:  Provided further, That
            the Federal Transit Administration should encourage grantees to
            work with non-profits or other entities of their choosing in
            order to develop planning, technical, engineering, or financing
            plans:  Provided further, That the Federal Transit
            Administration shall encourage grantees to partner with non-
            profits that can assist with making projects low or no
            emissions;
                (9) $1,000,000 shall be available for the demonstration and
            deployment of innovative mobility solutions as authorized under
            section 5312 of title 49, United States Code:  Provided, That
            such amounts shall be available for competitive grants or
            cooperative agreements for the development of software to
            facilitate the provision of demand-response public
            transportation service that dispatches public transportation
            fleet vehicles through riders mobile devices or other advanced
            means:  Provided further, That the Secretary shall evaluate the
            potential for software developed with grants or cooperative
            agreements to be shared for use by public transportation
            agencies; and
                (10) $1,000,000 shall be for the accelerating innovative
            mobility initiative as authorized under section 5312 of title
            49, United States Code:  Provided, That such amounts shall be
            available for competitive grants to improve mobility and
            enhance the rider experience with a focus on innovative service
            delivery models, creative financing, novel partnerships, and
            integrated payment solutions in order to help disseminate
            proven innovation mobility practices throughout the public
            transportation industry:
      Provided further, That projects funded under paragraph (8) of this
    heading shall be for not less than 90 percent of the net total project
    cost:  Provided further, That amounts made available by this heading
    shall be derived from the general fund:  Provided further, That the
    amounts made available under this heading shall not be subject to any
    limitation on obligations for transit programs set forth in any Act.

                       technical assistance and training

        For necessary expenses to carry out section 5314 of title 49,
    United States Code, $7,500,000, to remain available until September 30,
    2022:  Provided, That the assistance provided under this heading does
    not duplicate the activities of section 5311(b) or section 5312 of
    title 49, United States Code.

                           capital investment grants

        For necessary expenses to carry out fixed guideway capital
    investment grants under section 5309 of title 49, United States Code,
    and section 3005(b) of the Fixing America's Surface Transportation Act
    (Public Law 114-94), $2,014,000,000, to remain available until
    September 30, 2024:  Provided, That of the amounts made available under
    this heading, $1,169,000,000 shall be available for projects authorized
    under section 5309(d) of title 49, United States Code, $525,000,000
    shall be available for projects authorized under section 5309(e) of
    title 49, United States Code, $200,000,000 shall be available for
    projects authorized under section 5309(h) of title 49, United States
    Code, and $100,000,000 shall be available for projects authorized under
    section 3005(b) of the Fixing America's Surface Transportation Act:
    Provided further, That the Secretary shall continue to administer the
    capital investment grants program in accordance with the procedural and
    substantive requirements of section 5309 of title 49, United States
    Code, and of section 3005(b) of the Fixing America's Surface
    Transportation Act:  Provided further, That projects that receive a
    grant agreement under the Expedited Project Delivery for Capital
    Investment Grants Pilot Program under section 3005(b) of the Fixing
    America's Surface Transportation Act shall be deemed eligible for
    funding provided for projects under section 5309 of title 49, United
    States Code, without further evaluation or rating under such section:
    Provided further, That such funding shall not exceed the Federal share
    under section 3005(b):  Provided Further, That funds allocated pursuant
    to 49 U.S.C. 5309 to any project during fiscal years 2015 or 2017 shall
    remain allocated to that project until December 31, 2021.

          grants to the washington metropolitan area transit authority

        For grants to the Washington Metropolitan Area Transit Authority as
    authorized under section 601 of division B of the Passenger Rail
    Investment and Improvement Act of 2008 (Public Law 110-432),
    $150,000,000, to remain available until expended:  Provided, That the
    Secretary of Transportation shall approve grants for capital and
    preventive maintenance expenditures for the Washington Metropolitan
    Area Transit Authority only after receiving and reviewing a request for
    each specific project:  Provided further, That the Secretary shall
    determine that the Washington Metropolitan Area Transit Authority has
    placed the highest priority on those investments that will improve the
    safety of the system before approving such grants:  Provided further,
    That the Secretary, in order to ensure safety throughout the rail
    system, may waive the requirements of section 601(e)(1) of division B
    of the Passenger Rail Investment and Improvement Act of 2008 (Public
    Law 110-432).

           administrative provisions--federal transit administration

                            (including rescissions)

        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, 2024, 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, 2020, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure,
    may be transferred to and administered under the most recent
    appropriation heading for any such section.
        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.  An eligible recipient of a grant under section 5339(c)
    may submit an application in partnership with other entities, including
    a transit vehicle manufacturer, that intend to participate in the
    implementation of a project under section 5339(c) of title 49, United
    States Code, and a project awarded with such partnership shall be
    treated as satisfying the requirement for a competitive procurement
    under section 5325(a) of title 49, United States Code, for the named
    entity.
        Sec. 165.  None of the funds made available by this Act or any
    other Act shall be used to impede or hinder project advancement or
    approval for any project seeking a Federal contribution from the
    capital investment grant program of greater than 40 percent of project
    costs as authorized under section 5309 of title 49, United States Code.
        Sec. 166.  None of the funds made available in this Act may be used
    by the Department of Transportation to implement any policy that
    requires a capital investment grant project to receive a medium or
    higher project rating before taking actions to finalize an
    environmental impact statement.
        Sec. 167.  Of the unobligated amounts made available for prior
    fiscal years to Formula Grants in Treasury Account 69-X-1129, a total
    of $1,606,849 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. 168.  Of the unobligated amounts made available for the Job
    Access and Reverse Commute program, as authorized by Public Law 105-
    178, as amended, a total of $320,230 are hereby permanently rescinded.
        Sec. 169.  Of the unobligated amounts made available for Research,
    Training, and Human Resources, as authorized by Public Law 95-599, as
    amended, a total of $31,634 are hereby permanently rescinded.
        Sec. 169A.  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 2016 through 2020 may
    be used by the facilities selected for such vehicle component
    assessment for capital projects in order to build new infrastructure
    and enhance existing facilities in order to expand bus and component
    testing capability, in accordance with the industry stakeholder testing
    objectives and capabilities as outlined through the work of the Federal
    Transit Administration Transit Vehicle Innovation and Deployment
    Centers program and included in the Center for Transportation and the
    Environment report submitted to the Federal Transit Administration for
    review.

                 Saint Lawrence Seaway Development Corporation

        The Saint Lawrence Seaway Development Corporation is hereby
    authorized to make such expenditures, within the limits of funds and
    borrowing authority available to the Corporation, and in accord with
    law, and to make such contracts and commitments without regard to
    fiscal year limitations, as provided by section 9104 of title 31,
    United States Code, as may be necessary in carrying out the programs
    set forth in the Corporation's budget for the current fiscal year.

                           operations and maintenance

                        (harbor maintenance trust fund)

        For necessary expenses to conduct the operations, maintenance, and
    capital infrastructure activities on portions of the Saint Lawrence
    Seaway owned, operated, and maintained by the Saint 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.

                            Maritime Administration

                           maritime security program

        For necessary expenses to maintain and preserve a U.S.-flag
    merchant fleet to serve the national security needs of the United
    States, $314,007,780, to remain available until expended, of which
    $7,780 shall be derived from unobligated balances from prior year
    appropriations available under this heading.

                              cable security fleet

        For the Cable Security Fleet program, as authorized by chapter 532
    of title 46, United States Code, $10,000,000, to remain available until
    expended.

                            operations and training

                         (including transfer of funds)

        For necessary expenses of operations and training activities
    authorized by law, $155,616,000:  Provided, That of the amounts made
    available under this heading--
                (1) $80,000,000, to remain available until September 30,
            2022, shall be for the operations of the United States Merchant
            Marine Academy;
                (2) $5,944,000, to remain available until expended, shall
            be for facilities maintenance and repair, and equipment, at the
            United States Merchant Marine Academy;
                (3) $3,000,000, to remain available until September 30,
            2022, shall be for the Maritime Environmental and Technical
            Assistance program authorized under section 50307 of title 46,
            United States Code; and
                (4) $10,819,000, to remain available until expended, shall
            be for the Short Sea Transportation Program (America's Marine
            Highways) 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
    (America's Marine Highways) 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:  Provided
    further, That any unobligated balances and obligated balances not yet
    expended from previous appropriations under this heading for programs
    and activities supporting State Maritime Academies shall be transferred
    to and merged with the appropriations for ``Maritime Administration--
    State Maritime Academy Operations'' and shall be made available for the
    same purposes as the appropriations for ``Maritime Administration--
    State Maritime Academy Operations''.

                       state maritime academy operations

        For necessary expenses of operations, support, and training
    activities for State Maritime Academies, $432,700,000:  Provided, That
    of the sums appropriated under this heading--
                (1) $30,500,000, to remain available until expended, shall
            be for maintenance, repair, life extension, insurance, and
            capacity improvement of National Defense Reserve Fleet training
            ships, and for support of training ship operations at the State
            Maritime Academies, of which $8,500,000, to remain available
            until expended, shall be for expenses related to training
            mariners; and for costs associated with training vessel sharing
            pursuant to 46 U.S.C. 51504(g)(3) for costs associated with
            mobilizing, operating and demobilizing the vessel, including
            travel costs for students, faculty and crew, the costs of the
            general agent, crew costs, fuel, insurance, operational fees,
            and vessel hire costs, as determined by the Secretary;
                (2) $390,000,000, to remain available until expended, shall
            be for the National Security Multi-Mission Vessel Program,
            including funds for construction, planning, administration, and
            design of school ships;
                (3) $2,400,000 to remain available through September 30,
            2022, shall be for the Student Incentive Program;
                (4) $3,800,000 shall remain available until expended, shall
            be for training ship fuel assistance; and
                (5) $6,000,000, to remain available until September 30,
            2022, 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,
    $4,200,000, to remain available until expended.

              maritime guaranteed loan (title xi) program account

                         (including transfer of funds)

        For administrative expenses to carry out the guaranteed loan
    program, $3,000,000, which shall be transferred to and merged with the
    appropriations for ``Maritime Administration--Operations and
    Training''.

                    port infrastructure development program

        To make grants to improve port facilities as authorized under
    section 50302(c) of title 46, United States Code, $230,000,000, to
    remain available until expended:  Provided, That projects eligible for
    amounts made available under this heading shall be projects for coastal
    seaports, inland river ports, or Great Lakes ports:  Provided further,
    That of the amounts made available under this heading, not less than
    $205,000,000 shall be for coastal seaports or Great Lakes ports:
    Provided further, That the Maritime Administration shall distribute
    amounts made available under this heading as discretionary grants to
    port authorities or commissions or their subdivisions and agents under
    existing authority, as well as to a State or political subdivision of a
    State or local government, a Tribal Government, a public agency or
    publicly chartered authority established by one or more States, a
    special purpose district with a transportation function, a multistate
    or multijurisdictional group of entities, or a lead entity described
    above jointly with a private entity or group of private entities:
    Provided further, That projects eligible for amounts made available
    under this heading shall be designed to improve the safety, efficiency,
    or reliability of the movement of goods into, out of, around, or within
    a port and located--
                (1) within the boundary of a port; or
                (2) outside the boundary of a port, and directly related to
            port operations, or to an intermodal connection to a port:
      Provided further, That project awards eligible under this heading
    shall be only for--
                (1) port gate improvements;
                (2) road improvements both within and connecting to the
            port;
                (3) rail improvements both within and connecting to the
            port;
                (4) berth improvements (including docks, wharves, piers and
            dredging incidental to the improvement project);
                (5) fixed landside improvements in support of cargo
            operations (such as silos, elevators, conveyors, container
            terminals, Ro/Ro structures including parking garages necessary
            for intermodal freight transfer, warehouses including
            refrigerated facilities, lay-down areas, transit sheds, and
            other such facilities);
                (6) utilities necessary for safe operations (including
            lighting, stormwater, and other such improvements that are
            incidental to a larger infrastructure project); or
                (7) a combination of activities described above:
      Provided further, That the Federal share of the costs for which an
    amount is provided under this heading shall be up to 80 percent:
    Provided further, That for grants awarded under this heading, the
    minimum grant size shall be $1,000,000:  Provided further, That for
    grant awards less than $10,000,000, the Secretary shall prioritize
    ports that handled less than 10,000,000 short tons in 2017, as
    identified by the Corps of Engineers:  Provided further, That for grant
    awards less than $10,000,000, the Secretary may increase the Federal
    share of costs above 80 percent:  Provided further, That not to exceed
    2 percent of the amounts made available under this heading shall be
    available for necessary costs of grant administration.

               administrative provisions--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

        For necessary operational expenses of the Pipeline and Hazardous
    Materials Safety Administration, $28,715,000, of which $4,500,000 shall
    remain available until September 30, 2023.

                           hazardous materials safety

        For expenses necessary to discharge the hazardous materials safety
    functions of the Pipeline and Hazardous Materials Safety
    Administration, $62,000,000, of which $14,000,000 shall remain
    available until September 30, 2023:  Provided, That up to $800,000 in
    fees collected under 49 U.S.C. 5108(g) shall be deposited in the
    general fund of the Treasury as offsetting receipts:  Provided further,
    That there may be credited to this appropriation, to be available until
    expended, funds received from States, counties, municipalities, other
    public authorities, and private sources for expenses incurred for
    training, for reports publication and dissemination, and for travel
    expenses incurred in performance of hazardous materials exemptions and
    approvals functions.

                                pipeline safety

                             (pipeline safety fund)

                        (oil spill liability trust fund)

        For expenses necessary to carry out a pipeline safety program, as
    authorized by 49 U.S.C. 60107, and to discharge the pipeline program
    responsibilities of the Oil Pollution Act of 1990, $168,000,000, to
    remain available until September 30, 2023, of which $23,000,000 shall
    be derived from the Oil Spill Liability Trust Fund; of which
    $137,000,000 shall be derived from the Pipeline Safety Fund; and of
    which $8,000,000 shall be derived from fees collected under 49 U.S.C.
    60302 and deposited in the Underground Natural Gas Storage Facility
    Safety Account for the purpose of carrying out 49 U.S.C. 60141:
    Provided, That not less than $1,058,000 of the funds provided under
    this heading shall be for the One-Call State grant program:  Provided
    further, That any amounts provided under this heading in this Act or in
    prior Acts for research contracts, grants, cooperative agreements or
    research other transactions agreements (``OTAs'') shall require written
    notification to the House and Senate Committees on Appropriations not
    less than 3 full business days before such research contracts, grants,
    cooperative agreements, or research OTAs are announced by the
    Department of Transportation:  Provided further, That the Administrator
    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 Administrator submits an updated research plan to the
    House and Senate Committees on Appropriations and after such plan is
    approved by the House and Senate Committees on Appropriations.

                         emergency preparedness grants

                          (limitation on obligations)

                         (emergency preparedness fund)

        For expenses necessary to carry out the Emergency Preparedness
    Grants program, not more than $28,318,000 shall remain available until
    September 30, 2023, from amounts made available by section 5116(h) and
    subsections (b) and (c) of section 5128 of title 49, United States
    Code:  Provided, That notwithstanding section 5116(h)(4) of title 49,
    United States Code, not more than 4 percent of the amounts made
    available from this account shall be available to pay administrative
    costs:  Provided further, That notwithstanding subsections (b) and (c)
    of section 5128 of title 49, United States Code, and the limitation on
    obligations provided under this heading, prior year recoveries
    recognized in the current year shall be available to develop and
    deliver hazardous materials emergency response training for emergency
    responders, including response activities for the transportation of
    crude oil, ethanol, flammable liquids, and other hazardous commodities
    by rail, consistent with National Fire Protection Association
    standards, and to make such training available through an electronic
    format:  Provided further, That the prior year recoveries made
    available under this heading shall also be available to carry out
    sections 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e) of title 49,
    United States Code.

      administrative provisions--pipeline and hazardous materials safety
                                 administration

        Sec. 180.  In addition to the amounts made available under the
    heading, ``Emergency Preparedness Grants'', $1,000,000, to remain
    available until September 30, 2023, shall be made available to the
    Pipeline and Hazardous Materials Safety Administration from the general
    fund of the Treasury, in addition to amounts otherwise available for
    such purposes, 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.

                          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,
    $98,150,000:  Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department of Transportation.

                General Provisions--Department of Transportation

        Sec. 190. (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. 191.  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.
        Sec. 192. (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. 193.  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. 194.  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. 195.  None of the funds made available by this Act to the
    Department of Transportation may be used to make a loan, loan
    guarantee, line of credit, letter of intent, federally funded
    cooperative agreement, full funding grant agreement, or discretionary
    grant unless the Secretary of Transportation notifies the House and
    Senate Committees on Appropriations not less than 3 full business days
    before any project competitively selected to receive any discretionary
    grant award, letter of intent, loan commitment, loan guarantee
    commitment, line of credit commitment, federally funded cooperative
    agreement, or full funding grant agreement is announced by the
    Department or its operating administrations:  Provided, That the
    Secretary of Transportation shall provide the House and Senate
    Committees on Appropriations with a comprehensive list of all such
    loans, loan guarantees, lines of credit, letters of intent, federally
    funded cooperative agreements, full funding grant agreements, and
    discretionary grants prior to the notification required under the
    previous 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. 196.  Rebates, refunds, incentive payments, minor fees, and
    other funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations
    of the Department of Transportation and allocated to elements of the
    Department of Transportation using fair and equitable criteria and such
    funds shall be available until expended.
        Sec. 197.  Amounts made available by this Act or any prior Act that
    the Secretary determines represent improper payments by the Department
    of Transportation to a third-party contractor under a financial
    assistance award, which are recovered pursuant to law, shall be
    available--
                (1) to reimburse the actual expenses incurred by the
            Department of Transportation in recovering improper payments:
            Provided, That amounts made available by this Act shall be
            available until expended; and
                (2) to pay contractors for services provided in recovering
            improper payments or contractor support in the implementation
            of the Improper Payments Information Act of 2002 (Public Law
            107-300), as amended by the Improper Payments Elimination and
            Recovery Act of 2010 (Public Law 111-204) and Improper Payments
            Elimination and Recovery Improvement Act of 2012 (Public Law
            112-248), and Fraud Reduction and Data Analytics Act of 2015
            (Public Law 114-186):  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 an appropriate account, which
                    shall be available for the purposes and period
                    associated with the account so credited; 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 payments'' has the same
                    meaning as that provided in section 2(e)(2) of the
                    Improper Payments Elimination and Recovery Act of 2010
                    (Public Law 111-204).
        Sec. 198.  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. 199.  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. 199A.  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. 199B.  The Department of Transportation may use funds provided
    by this Act, or any other Act, to assist a contract under title 49
    U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
    hiring preference not otherwise authorized by law, or to amend a rule,
    regulation, policy or other measure that forbids a recipient of a
    Federal Highway Administration or Federal Transit Administration grant
    from imposing such hiring preference on a contract or construction
    project with which the Department of Transportation is assisting, only
    if the grant recipient certifies the following:
                (1) that except with respect to apprentices or trainees, a
            pool of readily available but unemployed individuals possessing
            the knowledge, skill, and ability to perform the work that the
            contract requires resides in the jurisdiction;
                (2) that the grant recipient will include appropriate
            provisions in its bid document ensuring that the contractor
            does not displace any of its existing employees in order to
            satisfy such hiring preference; and
                (3) that any increase in the cost of labor, training, or
            delays resulting from the use of such hiring preference does
            not delay or displace any transportation project in the
            applicable Statewide Transportation Improvement Program or
            Transportation Improvement Program.
        Sec. 199C.  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. 199D.  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.
        This title may be cited as the ``Department of Transportation
    Appropriations Act, 2021''.

                                    TITLE II

                  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                         Management and Administration

                               executive offices

        For necessary salaries and expenses for Executive Offices, which
    shall be comprised of the offices of the Secretary, Deputy Secretary,
    Adjudicatory Services, Congressional and Intergovernmental Relations,
    Public Affairs, Small and Disadvantaged Business Utilization, and the
    Center for Faith-Based and Neighborhood Partnerships, $17,292,000, to
    remain available until September 30, 2022:  Provided, That not to
    exceed $25,000 of the amount made available under this heading shall be
    available to the Secretary of Housing and Urban Development (referred
    to in this title as ``the Secretary'') for official reception and
    representation expenses as the Secretary may determine.

                         administrative support offices

        For necessary salaries and expenses for Administrative Support
    Offices, $576,689,000, to remain available until September 30, 2022:
    Provided, That of the sums appropriated under this heading--
                (1) $74,462,000 shall be available for the Office of the
            Chief Financial Officer;
                (2) $107,254,000 shall be available for the Office of the
            General Counsel, of which not less than $20,050,000 shall be
            for the Departmental Enforcement Center;
                (3) $207,693,000 shall be available for the Office of
            Administration, of which not more than $10,000,000 may be for
            modernizing the Weaver Building and space consolidation;
                (4) $38,933,000 shall be available for the Office of the
            Chief Human Capital Officer;
                (5) $59,652,000 shall be available for the Office of Field
            Policy and Management;
                (6) $21,013,000 shall be available for the Office of the
            Chief Procurement Officer;
                (7) $4,239,000 shall be available for the Office of
            Departmental Equal Employment Opportunity; and
                (8) $63,443,000 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:  Provided
    further, That not more than 10 percent of the funds made available
    under this heading for the Office of the Chief Financial Officer for
    the financial transformation initiative may be obligated until the
    Secretary submits to the House and Senate Committees on Appropriations,
    for approval, a plan for expenditure that includes the financial and
    internal control capabilities to be delivered and the mission benefits
    to be realized, key milestones to be met, and the relationship between
    the proposed use of funds made available under this heading and the
    projected total cost and scope of the initiative.

                                program offices

        For necessary salaries and expenses for Program Offices,
    $904,673,000, to remain available until September 30, 2022:  Provided,
    That of the sums appropriated under this heading--
                (1) $243,056,000 shall be available for the Office of
            Public and Indian Housing;
                (2) $131,107,000 shall be available for the Office of
            Community Planning and Development;
                (3) $404,194,000 shall be available for the Office of
            Housing, of which not less than $13,200,000 shall be for the
            Office of Recapitalization;
                (4) $36,250,000 shall be available for the Office of Policy
            Development and Research;
                (5) $79,763,000 shall be available for the Office of Fair
            Housing and Equal Opportunity; and
                (6) $10,303,000 shall be available for the Office of Lead
            Hazard Control and Healthy Homes.

                              working capital fund

                         (including transfer of funds)

        For the working capital fund for the Department of Housing and
    Urban Development (referred to in this paragraph as the ``Fund''),
    pursuant, in part, to section 7(f) of the Department of Housing and
    Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
    including reimbursements pursuant to section 7(f), to the Fund under
    this heading shall be available only for Federal shared services used
    by offices and agencies of the Department, and for any such portion of
    any office or agency's printing, records management, space renovation,
    furniture, or supply services the Secretary has determined shall be
    provided through the Fund, and the operational expenses of the Fund:
    Provided, That amounts within the Fund shall not be available to
    provide services not specifically authorized under this heading:
    Provided further, That upon a determination by the Secretary that any
    other service (or portion thereof) authorized under this heading shall
    be provided through the Fund, amounts made available in this title for
    salaries and expenses under the headings ``Executive Offices'',
    ``Administrative Support Offices'', ``Program Offices'', and
    ``Government National Mortgage Association'', for such services shall
    be transferred to the Fund, to remain available until expended:
    Provided further, That the Secretary shall notify the House and Senate
    Committees on Appropriations of its plans for executing such transfers
    at least 15 days in advance of such transfers.

                           Public and Indian Housing

                         tenant-based rental assistance

        For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
    not otherwise provided for, $21,777,439,000, to remain available until
    expended, which shall be available on October 1, 2020 (in addition to
    the $4,000,000,000 previously appropriated under this heading that
    shall be available on October 1, 2020), and $4,000,000,000, to remain
    available until expended, which shall be available on October 1, 2021:
    Provided, That the amounts made available under this heading are
    provided as follows:
                (1) $23,080,000,000 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 2021 funding
            cycle shall provide renewal funding for each public housing
            agency based on validated voucher management system (VMS)
            leasing and cost data for the prior calendar year and by
            applying an inflation factor as established by the Secretary,
            by notice published in the Federal Register, and by making any
            necessary adjustments for the costs associated with the first-
            time renewal of vouchers under this paragraph including tenant
            protection and Choice Neighborhoods vouchers:  Provided
            further, That none of the funds provided under this paragraph
            may be used to fund a total number of unit months under lease
            which exceeds a public housing agency's authorized level of
            units under contract, except for public housing agencies
            participating in the Moving to Work (MTW) demonstration, which
            are instead governed in accordance with the requirements of the
            MTW demonstration program or their MTW agreements, if any:
            Provided further, That the Secretary shall, to the extent
            necessary to stay within the amount specified under this
            paragraph (except as otherwise modified under this paragraph),
            prorate each public housing agency's allocation otherwise
            established pursuant to this paragraph:  Provided further, That
            except as provided in the following provisos, the entire amount
            specified under this paragraph (except as otherwise modified
            under this paragraph) shall be obligated to the public housing
            agencies based on the allocation and pro rata method described
            above, and the Secretary shall notify public housing agencies
            of their annual budget by the latter of 60 days after enactment
            of this Act or March 1, 2021:  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 previous provisos:
            Provided further, That the Secretary may offset public housing
            agencies' calendar year 2021 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 2020 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 2021 MTW funding
            allocation:  Provided further, That the Secretary shall use any
            offset referred to in the previous 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 $110,000,000 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 (including Mainstream
            vouchers) resulting from unforeseen circumstances or from
            portability under section 8(r) of the Act; (2) for vouchers
            that were not in use during the previous 12-month period in
            order to be available to meet a commitment pursuant to section
            8(o)(13) of the Act, or an adjustment for a funding obligation
            not yet expended in the previous calendar year for a MTW-
            eligible activity to develop affordable housing for an agency
            added to the MTW demonstration under the expansion authority
            provided in section 239 of the Transportation, Housing and
            Urban Development, and Related Agencies Appropriations Act,
            2016 (division L of Public Law 114-113); (3) for adjustments
            for costs associated with HUD-Veterans Affairs Supportive
            Housing (HUD-VASH) vouchers; (4) for public housing agencies
            that despite taking reasonable cost savings measures, as
            determined by the Secretary, would otherwise be required to
            terminate rental assistance for families, including Mainstream
            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; and (6) 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
            previous proviso based on need, as determined by the Secretary;
                (2) $116,000,000 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, the family unification program under section 8(x) of the
            Act, 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 to
            the extent that the Secretary determines that such units are
            not feasible for continued rental assistance payments or
            transfer of the subsidy contract associated with such units to
            another project or projects and owner or owners, any remaining
            amounts associated with such units under such contract shall be
            recaptured and used to reimburse amounts used under this
            paragraph for rental assistance under the previous proviso:
            Provided further, That of the amounts made available under this
            paragraph, at least $5,000,000 may be available to provide
            tenant protection assistance, not otherwise provided under this
            paragraph, to residents residing in low vacancy areas and who
            may have to pay rents greater than 30 percent of household
            income, as the result of: (A) the maturity of a HUD-insured,
            HUD-held or section 202 loan that requires the permission of
            the Secretary prior to loan prepayment; (B) the expiration of a
            rental assistance contract for which the tenants are not
            eligible for enhanced voucher or tenant protection assistance
            under existing law; or (C) the expiration of affordability
            restrictions accompanying a mortgage or preservation program
            administered by the Secretary:  Provided further, That such
            tenant protection assistance made available under the previous
            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 the Secretary shall
            issue guidance to implement the previous provisos, including,
            but not limited to, requirements for defining eligible at-risk
            households within 60 days of the enactment of this Act:
            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) $2,159,000,000 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 $2,129,000,000 of the amount provided in this
            paragraph shall be allocated to public housing agencies for the
            calendar year 2021 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 previous 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 previous 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 previous proviso:  Provided further, That amounts
            provided under this paragraph shall be only for activities
            related to the provision of tenant-based rental assistance
            authorized under section 8, including related development
            activities;
                (4) $314,000,000 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 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) $40,000,000 for incremental rental voucher assistance
            for use through a supported housing program administered in
            conjunction with the Department of Veterans Affairs as
            authorized under section 8(o)(19) of the United States Housing
            Act of 1937:  Provided, That the Secretary of Housing and Urban
            Development shall make such funding available, notwithstanding
            section 203 (competition provision) of this title, to public
            housing agencies that partner with eligible VA Medical Centers
            or other entities as designated by the Secretary of the
            Department of Veterans Affairs, based on geographical need for
            such assistance as identified by the Secretary of the
            Department of Veterans Affairs, public housing agency
            administrative performance, and other factors as specified by
            the Secretary of Housing and Urban Development in consultation
            with the Secretary of the Department of Veterans Affairs:
            Provided further, That the Secretary of Housing and Urban
            Development may waive, or specify alternative requirements for
            (in consultation with the Secretary of the Department of
            Veterans Affairs), any provision of any statute or regulation
            that the Secretary of Housing and Urban Development administers
            in connection with the use of funds made available under this
            paragraph (except for requirements related to fair housing,
            nondiscrimination, labor standards, and the environment), upon
            a finding by the Secretary that any such waivers or alternative
            requirements are necessary for the effective delivery and
            administration of such voucher assistance:  Provided further,
            That assistance made available under this paragraph shall
            continue to remain available for homeless veterans upon turn-
            over;
                (7) $25,000,000 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) $20,000,000 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
                    $10,000,000 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 previous 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 previous proviso:
              Provided further, That for any public housing agency
            administering voucher assistance appropriated in a prior Act
            under the family unification program, or made available and
            competitively selected under this paragraph, that determines
            that it no longer has an identified need for such assistance
            upon turnover, such agency shall notify the Secretary, and the
            Secretary shall recapture such assistance from the agency and
            reallocate it to any other public housing agency or agencies
            based on need for voucher assistance in connection with such
            specified program or eligible youth, as applicable;
                (8) $43,439,000 shall be for incremental rental voucher
            assistance under section 8(o) of the United States Housing Act
            of 1937 for use by 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)), at risk of homelessness,
            as defined in section 401(1) of the McKinney-Vento Homeless
            Assistance Act (42 U.S.C. 11360(1)), fleeing, or attempting to
            flee, domestic violence, dating violence, sexual assault, or
            stalking, or veterans and families that include a veteran
            family member that meet one of the preceding criteria:
            Provided, That assistance made available under this paragraph
            shall continue to remain available for such eligible
            individuals and families upon turnover:  Provided further, That
            the Secretary shall make such funding available,
            notwithstanding section 203 of this title (competition
            provision) to public housing agencies that partner with
            eligible continuums of care or other entities as designated by
            the Secretary, based on geographical need of such assistance,
            public housing agency administrative performance, and other
            factors 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, the Secretary shall give preference to
            applicants that demonstrate a strategy to coordinate assistance
            with services available in the community:  Provided further,
            That none of the funds provided in this paragraph may be used
            to require people experiencing homelessness to receive
            treatment or perform any other prerequisite activities as a
            condition for receiving shelter, housing or other services:
            Provided further, That the Secretary shall issue guidance to
            implement the preceding proviso; and
                (9) the Secretary shall separately track all special
            purpose vouchers funded under this heading.

                            housing certificate fund

                            (including rescissions)

        Unobligated balances, including recaptures and carryover, remaining
    from funds appropriated to the Department of Housing and Urban
    Development under this heading, the heading ``Annual Contributions for
    Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
    for fiscal year 2021 and prior years may be used for renewal of or
    amendments to section 8 project-based contracts and for performance-
    based contract administrators, notwithstanding the purposes for which
    such funds were appropriated:  Provided, That any obligated balances of
    contract authority from fiscal year 1974 and prior fiscal years that
    have been terminated shall be rescinded:  Provided further, That
    amounts heretofore recaptured, or recaptured during the current fiscal
    year, from section 8 project-based contracts from source years fiscal
    year 1975 through fiscal year 1987 are hereby rescinded, and an amount
    of additional new budget authority, equivalent to the amount rescinded
    is hereby appropriated, to remain available until expended, for the
    purposes set forth under this heading, in addition to amounts otherwise
    available.

                              public housing fund

        For 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)), $7,806,000,000, to remain
    available until September 30, 2024:  Provided, That the amounts made
    available under this heading are provided as follows:
                (1) $4,839,000,000 shall be available to the Secretary to
            allocate pursuant to the Operating Fund formula at part 990 of
            title 24, Code of Federal Regulations, for 2021 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) $2,765,000,000 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
            previous 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 previous 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 2021 to public housing
            agencies that are designated high performers:  Provided
            further, That the Department shall notify public housing
            agencies of their formula allocation within 60 days of
            enactment of this Act;
                (4) $75,000,000 shall be available for the Secretary to
            make grants, notwithstanding section 203 of this title, to
            public housing agencies for emergency capital needs, including
            safety and security measures necessary to address crime and
            drug-related activity, as well as needs resulting from
            unforeseen or unpreventable emergencies and natural disasters
            excluding Presidentially declared emergencies and natural
            disasters under the Robert T. Stafford Disaster Relief and
            Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
            2021, of which $45,000,000 shall be available for public
            housing agencies under administrative and judicial
            receiverships or under the control of a Federal monitor:
            Provided, That of the amount made available under this
            paragraph, not less than $10,000,000 shall be for safety and
            security measures:  Provided further, That in addition to the
            amount in the previous proviso for such safety and security
            measures, any amounts that remain available, after all
            applications received on or before September 30, 2022, for
            emergency capital needs have been processed, shall be allocated
            to public housing agencies for such safety and security
            measures;
                (5) $25,000,000 shall be for competitive grants to public
            housing agencies to evaluate and reduce lead-based paint
            hazards in public housing 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)):
            Provided, 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;
                (6) $35,000,000 shall be for competitive grants to public
            housing agencies for activities authorized under 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 mold, radon, carbon
            monoxide poisoning, and other housing-related diseases and
            hazards;
                (7) $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;
                (8) $23,000,000 shall be to support ongoing public housing
            financial and physical assessment activities; and
                (9) $4,000,000 shall be for a radon testing and mitigation
            resident 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 notwithstanding any other provision of law or
    regulation, during fiscal year 2021, the Secretary of Housing and Urban
    Development may not delegate to any Department official other than the
    Deputy Secretary and the Assistant Secretary for Public and Indian
    Housing any authority under paragraph (2) of section 9(j) of the Act
    regarding the extension of the time periods under such section:
    Provided further, That for purposes of such section 9(j), the term
    ``obligate'' means, with respect to amounts, that the amounts are
    subject to a binding agreement that will result in outlays, immediately
    or in the future.

                        choice neighborhoods initiative

        For competitive grants under the Choice Neighborhoods Initiative
    (subject to section 24 of the United States Housing Act of 1937 (42
    U.S.C. 1437v) unless otherwise specified under this heading), for
    transformation, rehabilitation, and replacement housing needs of both
    public and HUD-assisted housing and to transform neighborhoods of
    poverty into functioning, sustainable mixed income neighborhoods with
    appropriate services, schools, public assets, transportation and access
    to jobs, $200,000,000, to remain available until September 30, 2023:
    Provided, That grant funds may be used for resident and community
    services, community development, and affordable housing needs in the
    community, and for conversion of vacant or foreclosed properties to
    affordable housing:  Provided further, That the use of funds made
    available under this heading shall not be deemed to be for public
    housing notwithstanding section 3(b)(1) of such Act:  Provided further,
    That grantees shall commit to an additional period of affordability
    determined by the Secretary of not fewer than 20 years:  Provided
    further, That grantees shall provide a match in State, local, other
    Federal or private funds:  Provided further, That grantees may include
    local governments, Tribal entities, public housing agencies, and
    nonprofit organizations:  Provided further, That for-profit developers
    may apply jointly with a public entity:  Provided further, That for
    purposes of environmental review, a grantee shall be treated as a
    public housing agency under section 26 of the United States Housing Act
    of 1937 (42 U.S.C. 1437x), and grants made with amounts available under
    this heading shall be subject to the regulations issued by the
    Secretary to implement such section:  Provided further, That of the
    amount provided under this heading, not less than $100,000,000 shall be
    awarded to public housing agencies:  Provided further, That such
    grantees shall create partnerships with other local organizations,
    including assisted housing owners, service agencies, and resident
    organizations:  Provided further, That the Secretary shall consult with
    the Secretaries of Education, Labor, Transportation, Health and Human
    Services, Agriculture, and Commerce, the Attorney General, and the
    Administrator of the Environmental Protection Agency to coordinate and
    leverage other appropriate Federal resources:  Provided further, That
    not more than $5,000,000 of funds made available under this heading may
    be provided as grants to undertake comprehensive local planning with
    input from residents and the community:  Provided further, That
    unobligated balances, including recaptures, remaining from funds
    appropriated under the heading ``Revitalization of Severely Distressed
    Public Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years
    may be used for purposes under this heading, notwithstanding the
    purposes for which such amounts were appropriated:  Provided further,
    That the Secretary shall make grant awards not later than 1 year after
    the date of enactment of this Act in such amounts that the Secretary
    determines:  Provided further, That notwithstanding section 24(o) of
    the United States Housing Act of 1937 (42 U.S.C. 1437v(o)), the
    Secretary may, until September 30, 2023, obligate any available
    unobligated balances made available under this heading in this or any
    prior Act.

                           self-sufficiency programs

        For activities and assistance related to Self-Sufficiency Programs,
    to remain available until September 30, 2024, $155,000,000:  Provided,
    That the amounts made available under this heading are provided as
    follows:
                (1) $105,000,000 shall be for the Family Self-Sufficiency
            program to support family self-sufficiency coordinators under
            section 23 of the United States Housing Act of 1937 (42 U.S.C.
            1437u), to promote the development of local strategies to
            coordinate the use of assistance under sections 8 and 9 of such
            Act with public and private resources, and enable eligible
            families to achieve economic independence and self-sufficiency:
             Provided, That the Secretary may, by Federal Register notice,
            waive or specify alternative requirements under subsections
            (b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such Act in
            order to facilitate the operation of a unified self-sufficiency
            program for individuals receiving assistance under different
            provisions of such Act, as determined by the Secretary:
            Provided further, That owners or sponsors of a multifamily
            property receiving project-based rental assistance under
            section 8 of such Act may voluntarily make a Family Self-
            Sufficiency program available to the assisted tenants of such
            property in accordance with procedures established by the
            Secretary:  Provided further, That such procedures established
            pursuant to the previous proviso shall permit participating
            tenants to accrue escrow funds in accordance with section
            23(d)(2) of such Act and shall allow owners to use funding from
            residual receipt accounts to hire coordinators for their own
            Family Self-Sufficiency program;
                (2) $35,000,000 shall be for the Resident Opportunity and
            Self-Sufficiency program to provide for supportive services,
            service coordinators, and congregate services as authorized by
            section 34 of the United States Housing Act of 1937 (42 U.S.C.
            1437z-6) and the Native American Housing Assistance and Self-
            Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
                (3) $15,000,000 shall be for a Jobs-Plus initiative,
            modeled after the Jobs-Plus demonstration:  Provided, That
            funding provided under this paragraph shall be available for
            competitive grants to partnerships between public housing
            authorities, local workforce investment boards established
            under section 107 of the Workforce Innovation and Opportunity
            Act of 2014 (29 U.S.C. 3122), and other agencies and
            organizations that provide support to help public housing
            residents obtain employment and increase earnings:  Provided
            further, That applicants must demonstrate the ability to
            provide services to residents, partner with workforce
            investment boards, and leverage service dollars:  Provided
            further, That the Secretary may allow public housing agencies
            to request exemptions from rent and income limitation
            requirements under sections 3 and 6 of the United States
            Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
            implement the Jobs-Plus program, on such terms and conditions
            as the Secretary may approve upon a finding by the Secretary
            that any such waivers or alternative requirements are necessary
            for the effective implementation of the Jobs-Plus initiative as
            a voluntary program for residents:  Provided further, That the
            Secretary shall publish by notice in the Federal Register any
            waivers or alternative requirements pursuant to the preceding
            proviso no later than 10 days before the effective date of such
            notice.

                            native american programs

        For activities and assistance authorized under title I of the
    Native American Housing Assistance and Self-Determination Act of 1996
    (NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing and
    Community Development Act of 1974 with respect to Indian tribes (42
    U.S.C. 5306(a)(1)), and related training and technical assistance,
    $825,000,000, to remain available until September 30, 2025:  Provided,
    That the amounts made available under this heading are provided as
    follows:
                (1) $647,000,000 shall be available for the Native American
            Housing Block Grants program, as authorized under title I of
            NAHASDA:  Provided, That, notwithstanding NAHASDA, to determine
            the amount of the allocation under title I of such Act for each
            Indian tribe, the Secretary shall apply the formula under
            section 302 of NAHASDA with the need component based on single-
            race census data and with the need component based on multi-
            race census data, and the amount of the allocation for each
            Indian tribe shall be the greater of the two resulting
            allocation amounts:  Provided further, That the Secretary will
            notify grantees of their formula allocation within 60 days of
            the date of enactment of this Act;
                (2) $100,000,000 shall be available for competitive grants
            under the Native American Housing Block Grants program, as
            authorized under title I of NAHASDA:  Provided, That the
            Secretary shall obligate this additional amount for competitive
            grants to eligible recipients authorized under NAHASDA that
            apply for funds:  Provided further, That in awarding this
            additional amount, the Secretary shall consider need and
            administrative capacity, and shall give priority to projects
            that will spur construction and rehabilitation of housing:
            Provided further, That a grant funded pursuant to this
            paragraph shall be in an amount not less than $500,000 and not
            greater than $10,000,000:  Provided further, That any funds
            transferred for the necessary costs of administering and
            overseeing the obligation and expenditure of such additional
            amounts in prior Acts may also be used for the necessary costs
            of administering and overseeing such additional amount;
                (3) $1,000,000 shall be available for the cost of
            guaranteed notes and other obligations, as authorized by title
            VI of NAHASDA:  Provided, That such costs, including the costs
            of modifying such notes and other obligations, shall be as
            defined in section 502 of the Congressional Budget Act of 1974,
            as amended:  Provided further, That for fiscal year 2021 funds
            made available in this Act for the cost of guaranteed notes and
            other obligations and any unobligated balances, including
            recaptures and carryover, remaining from amounts appropriated
            for this purpose under this heading or under the heading
            ``Native American Housing Block Grants'' in prior Acts are
            available to subsidize the total principal amount of any notes
            and other obligations, any part of which is to be guaranteed,
            not to exceed $45,649,452;
                (4) $70,000,000 shall be available for grants to Indian
            tribes for carrying out the Indian Community Development Block
            Grant program under title I of the Housing and Community
            Development Act of 1974, notwithstanding section 106(a)(1) of
            such Act, of which, notwithstanding any other provision of law
            (including section 203 of this Act), up to $4,000,000 may be
            used for emergencies that constitute imminent threats to health
            and safety:  Provided, That not to exceed 20 percent of any
            grant made with funds appropriated under this paragraph shall
            be expended for planning and management development and
            administration; and
                (5) $7,000,000 shall be available for providing training
            and technical assistance to Indian tribes, Indian housing
            authorities, and tribally designated housing entities, to
            support the inspection of Indian housing units, contract
            expertise, and for training and technical assistance related to
            funding provided under this heading and other headings under
            this Act for the needs of Native American families and Indian
            country:  Provided, That of the funds made available under this
            paragraph, not less than $2,000,000 shall be available for a
            national organization as authorized under section 703 of
            NAHASDA (25 U.S.C. 4212):  Provided further, That amounts made
            available under this paragraph may be used, contracted, or
            competed as determined by the Secretary:  Provided further,
            That notwithstanding the provisions of the Federal Grant and
            Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
            amounts made available under this paragraph may be used by the
            Secretary to enter into cooperative agreements with public and
            private organizations, agencies, institutions, and other
            technical assistance providers to support the administration of
            negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
            4116), the administration of the allocation formula under
            section 302 of NAHASDA (25 U.S.C. 4152), and the administration
            of performance tracking and reporting under section 407 of
            NAHASDA (25 U.S.C. 4167).

               indian housing loan guarantee fund program account

        For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
    13a), $1,500,000, to remain available until expended:  Provided, That
    such costs, including the costs of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That an additional $500,000, to remain available
    until expended, shall be available for administrative contract expenses
    including management processes to carry out the loan guarantee program:
     Provided further, That for fiscal year 2021 funds made available in
    this and prior Acts for the cost of guaranteed loans, as authorized by
    section 184 of the Housing and Community Development Act of 1992 (12
    U.S.C. 1715z-13a), that are unobligated, including recaptures and
    carryover, are available to subsidize total loan principal, any part of
    which is to be guaranteed, up to $1,000,000,000.

                      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.), $2,000,000, to
    remain available until September 30, 2025:  Provided, That
    notwithstanding section 812(b) of such Act, the Department of Hawaiian
    Home Lands may not invest grant amounts made available under this
    heading in investment securities and other obligations:  Provided
    further, That amounts made available under this heading in this and
    prior fiscal years may be used to provide rental assistance to eligible
    Native Hawaiian families both on and off the Hawaiian Home Lands,
    notwithstanding any other provision of law.

                       Community Planning and Development

                  housing opportunities for persons with aids

        For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $430,000,000, to remain available until September 30,
    2022, except that amounts allocated pursuant to section 854(c)(5) of
    such Act shall remain available until September 30, 2023:  Provided,
    That the Secretary shall renew or replace all expiring contracts for
    permanent supportive housing that initially were funded under section
    854(c)(5) of such Act from funds made available under this heading in
    fiscal year 2010 and prior fiscal years that meet all program
    requirements before awarding funds for new contracts under such
    section:  Provided further, That the process for submitting amendments
    and approving replacement contracts shall be established by the
    Secretary in a notice:  Provided further, That the Department shall
    notify grantees of their formula allocation within 60 days of enactment
    of this Act.

                           community development fund

        For 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''),
    $3,475,000,000, to remain available until September 30, 2023, unless
    otherwise specified:  Provided, That unless explicitly provided for
    under this heading, not to exceed 20 percent of any grant made with
    funds made available under this heading shall be expended for planning
    and management development and administration:  Provided further, That
    a metropolitan city, urban county, unit of general local government, or
    insular area that directly or indirectly receives funds under this
    heading may not sell, trade, or otherwise transfer all or any portion
    of such funds to another such entity in exchange for any other funds,
    credits, or non-Federal considerations, but shall use such funds for
    activities eligible under title I of the Act:  Provided further, That
    notwithstanding section 105(e)(1) of the Act, no funds made available
    under this heading may be provided to a for-profit entity for an
    economic development project under section 105(a)(17) unless such
    project has been evaluated and selected in accordance with guidelines
    required under subsection (e)(2) of section 105:  Provided further,
    That of the total amount provided under this heading, $25,000,000 shall
    be for activities authorized under section 8071 of the SUPPORT for
    Patients and Communities Act (Public Law 115-271):  Provided further,
    That the funds allocated pursuant to the preceding proviso shall not
    adversely affect the amount of any formula assistance received by a
    State under this heading:  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 2018 based on data from the Centers for Disease Control and
    Prevention:  Provided further, That the Department of Housing and Urban
    Development shall notify grantees of their formula allocation within 60
    days of enactment of this Act.

             community development loan guarantees program account

        Subject to section 502 of the Congressional Budget Act of 1974 (2
    U.S.C. 661a), during fiscal year 2021, 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 nonentitlement
    areas that received the commitment.

                      home investment partnerships program

        For the HOME Investment Partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended (42 U.S.C. 12721 et seq.), $1,350,000,000, to remain available
    until September 30, 2024:  Provided, That notwithstanding the amount
    made available under this heading, the threshold reduction requirements
    in sections 216(10) and 217(b)(4) of such Act shall not apply to
    allocations of such amount:  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 2016, 2017, 2018, 2019, 2020,
    2021, 2022, or 2023 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 2018, 2019, 2020, 2021, 2022, or 2023 under that section.

            self-help and assisted homeownership opportunity program

        For the Self-Help and Assisted Homeownership Opportunity Program,
    as authorized under section 11 of the Housing Opportunity Program
    Extension Act of 1996 (42 U.S.C. 12805 note), $60,000,000, to remain
    available until September 30, 2023:  Provided, That of the total amount
    made available under this heading, $10,000,000 shall be for the Self-
    Help Homeownership Opportunity Program as authorized under such section
    11:  Provided further, That of the total amount made available under
    this heading, $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
    further, That of the total amount made available under this heading,
    $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:  Provided further,
    That of the total amount provided under this heading, $4,000,000, shall
    be made available for a program to rehabilitate and modify the homes of
    disabled or low-income veterans, as authorized under section 1079 of
    Public Law 113-291:  Provided further, That the issuance of a Notice of
    Funding Availability for the funds provided under the previous proviso
    shall be completed within 120 days of enactment of this Act and such
    funds shall be awarded within 180 days of such issuance.

                           homeless assistance grants

        For assistance under title IV of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11360 et seq.), $3,000,000,000, to remain
    available until September 30, 2023:  Provided, That of the amounts made
    available under this heading--
                (1) not less than $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 further, 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) not less than $2,569,000,000 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 further, 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 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) up to $52,000,000 shall be for grants for rapid re-
            housing projects and supportive service projects providing
            coordinated entry, and for eligible activities the Secretary
            determines to be critical in order to assist survivors of
            domestic violence, dating violence, sexual assault, or
            stalking, except that the Secretary may make additional grants
            for such projects and purposes from amounts made available for
            such Continuum of Care program:  Provided further, That such
            projects shall be eligible for renewal under the Continuum of
            Care program subject to the same terms and conditions as other
            renewal applicants;
                (4) up to $7,000,000 shall be for the national homeless
            data analysis project:  Provided further, That notwithstanding
            the provisions of the Federal Grant and Cooperative Agreements
            Act of 1977 (31 U.S.C. 6301-6308), the amounts made available
            under this paragraph 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
                (5) up to $82,000,000 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 further, That of the amount made
            available under this paragraph, up to $10,000,000 shall be to
            provide technical assistance 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 previous proviso to build the capacity of current
            technical assistance providers or to train new technical
            assistance providers with verifiable prior experience with
            systems and programs for youth experiencing homelessness:
      Provided further, That youth aged 24 and under seeking assistance
    under this heading shall not be required to provide third party
    documentation to establish their eligibility under subsection (a) or
    (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42
    U.S.C. 11302) to receive services:  Provided further, That
    unaccompanied youth aged 24 and under or families headed by youth aged
    24 and under who are living in unsafe situations may be served by
    youth-serving providers funded under this heading:  Provided further,
    That persons eligible under section 103(a)(5) of the McKinney-Vento
    Homeless Assistance Act may be served by any project funded under this
    heading to provide both transitional housing and rapid re-housing:
    Provided further, That for all matching funds requirements applicable
    to funds made available under this heading for this fiscal year and
    prior fiscal years, a grantee may use (or could have used) as a source
    of match funds other funds administered by the Secretary and other
    Federal agencies unless there is (or was) a specific statutory
    prohibition on any such use of any such funds:  Provided further, That
    none of the funds made available under this heading shall be available
    to provide funding for new projects, except for projects created
    through reallocation, unless the Secretary determines that the
    continuum of care has demonstrated that projects are evaluated and
    ranked based on the degree to which they improve the continuum of
    care's system performance:  Provided further, That any unobligated
    amounts remaining from funds made available under this heading in
    fiscal year 2012 and prior years for project-based rental assistance
    for rehabilitation projects with 10-year grant terms may be used for
    purposes under this heading, notwithstanding the purposes for which
    such funds were appropriated:  Provided further, That unobligated
    balances, including recaptures and carryover, remaining from funds
    transferred to or appropriated under this heading in fiscal year 2019
    or prior years, except for rental assistance amounts that were
    recaptured and made available until expended, shall be available for
    the current purposes authorized under this heading in addition to the
    purposes for which such funds originally were appropriated.

                                Housing Programs

                        project-based rental assistance

        For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937 (42
    U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
    $13,065,000,000, to remain available until expended, shall be available
    on October 1, 2020 (in addition to the $400,000,000 previously
    appropriated under this heading that became available October 1, 2020),
    and $400,000,000, to remain available until expended, shall be
    available on October 1, 2021:  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 $350,000,000 shall be
    available for performance-based contract administrators for section 8
    project-based assistance, for carrying out 42 U.S.C. 1437(f):  Provided
    further, That the Secretary may also use such amounts in the previous
    proviso for performance-based contract administrators for the
    administration of: interest reduction payments pursuant to section
    236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
    supplement payments pursuant to section 101 of the Housing and Urban
    Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
    assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
    assistance contracts for the elderly under section 202(c)(2) of the
    Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
    contracts for supportive housing for persons with disabilities under
    section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
    Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
    section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
    667); and loans under section 202 of the Housing Act of 1959 (Public
    Law 86-372; 73 Stat. 667):  Provided further, That amounts recaptured
    under this heading, the heading ``Annual Contributions for Assisted
    Housing'', or the heading ``Housing Certificate Fund'', may be used for
    renewals of or amendments to section 8 project-based contracts or for
    performance-based contract administrators, notwithstanding the purposes
    for which such amounts were appropriated:  Provided further, That,
    notwithstanding any other provision of law, upon the request of the
    Secretary, project funds that are held in residual receipts accounts
    for any project subject to a section 8 project-based Housing Assistance
    Payments contract that authorizes the Department or a housing finance
    agency to require that surplus project funds be deposited in an
    interest-bearing residual receipts account and that are in excess of an
    amount to be determined by the Secretary, shall be remitted to the
    Department and deposited in this account, to be available until
    expended:  Provided further, That amounts deposited pursuant to the
    previous proviso shall be available in addition to the amount otherwise
    provided by this heading for uses authorized under this heading.

                            housing for the elderly

        For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959 (12 U.S.C. 1701q), for project rental
    assistance for the elderly under section 202(c)(2) of such Act,
    including amendments to contracts for such assistance and renewal of
    expiring contracts for such assistance for up to a 5-year term, for
    senior preservation rental assistance contracts, including renewals, as
    authorized by section 811(e) of the American Homeownership and Economic
    Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
    services associated with the housing, $855,000,000 to remain available
    until September 30, 2024:  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
    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,
    2024:  Provided further, That amounts deposited in this account
    pursuant to the previous 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
    $14,000,000 shall be used by the Secretary to continue demonstration
    programs to test housing with services models for the elderly that
    demonstrate the potential to delay or avoid the need for nursing home
    care:  Provided further, That of the total amount made available under
    this heading, up to $5,000,000 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.

                     housing for persons with disabilities

        For capital advances, including amendments to capital advance
    contracts, for supportive housing for persons with disabilities, as
    authorized by section 811 of the Cranston-Gonzalez National Affordable
    Housing Act (42 U.S.C. 8013), for project rental assistance for
    supportive housing for persons with disabilities under section
    811(d)(2) of such Act, for project assistance contracts pursuant to
    subsection (h) of section 202 of the Housing Act of 1959, as added by
    section 205(a) of the Housing and Community Development Amendments of
    1978 (Public Law 95-557: 92 Stat. 2090), including amendments to
    contracts for such assistance and renewal of expiring contracts for
    such assistance for up to a 1-year term, for project rental assistance
    to State housing finance agencies and other appropriate entities as
    authorized under section 811(b)(3) of the Cranston-Gonzalez National
    Affordable Housing Act, and for supportive services associated with the
    housing for persons with disabilities as authorized by section
    811(b)(1) of such Act, $227,000,000, to remain available until
    September 30, 2024:  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, 2024:  Provided further, That amounts deposited in this
    account pursuant to the previous proviso shall be available in addition
    to the amounts otherwise provided by this heading for the purposes
    authorized under this heading:  Provided further, That unobligated
    balances, including recaptures and carryover, remaining from funds
    transferred to or appropriated under this heading shall be used for the
    current purposes authorized under this heading in addition to the
    purposes for which such funds originally were appropriated.

                         housing counseling assistance

        For contracts, grants, and other assistance excluding loans, as
    authorized under section 106 of the Housing and Urban Development Act
    of 1968, as amended, $57,500,000, to remain available until September
    30, 2022, 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 providing such grants from amounts
    provided under this heading, the Secretary may enter into multiyear
    agreements, as appropriate, subject to the availability of annual
    appropriations:  Provided further, That an additional $20,000,000 (not
    subject to such section 106), to remain available until September 30,
    2023, 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:  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.

                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 $13,000,000, to remain available until expended, of
    which $13,000,000 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 2021 so as to result
    in a final fiscal year 2021 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 2021
    appropriation:  Provided further, That for the dispute resolution and
    installation programs, the Secretary may assess and collect fees from
    any program participant:  Provided further, That such collections shall
    be deposited into the Trust Fund, and the Secretary, as provided
    herein, may use such collections, as well as fees collected under
    section 620 of such Act, for necessary expenses of such Act:  Provided
    further, That, notwithstanding the requirements of section 620 of such
    Act, the Secretary may carry out responsibilities of the Secretary
    under such Act through the use of approved service providers that are
    paid directly by the recipients of their services.

                         Federal Housing Administration

                   mutual mortgage insurance program account

        New commitments to guarantee single family loans insured under the
    Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
    remain available until September 30, 2022:  Provided, That during
    fiscal year 2021, 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 previous 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, $130,000,000,
    to remain available until September 30, 2022:  Provided further, That
    to the extent guaranteed loan commitments exceed $200,000,000,000 on or
    before April 1, 2021, an additional $1,400 for administrative contract
    expenses shall be available for each $1,000,000 in additional
    guaranteed loan commitments (including a pro rata amount for any amount
    below $1,000,000), but in no case shall funds made available by this
    proviso exceed $30,000,000:  Provided further, That notwithstanding the
    limitation in the first sentence of section 255(g) of the National
    Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2021 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, 2022:  Provided,
    That during fiscal year 2021, 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 $1,300,000,000,000, to remain available
    until September 30, 2022:  Provided, That $33,500,000, to remain
    available until September 30, 2022, shall be for necessary salaries and
    expenses of the Office of Government National Mortgage Association:
    Provided further, That to the extent that guaranteed loan commitments
    exceed $155,000,000,000 on or before April 1, 2021, an additional $100
    for necessary salaries and expenses shall be available until expended
    for each $1,000,000 in additional guaranteed loan commitments
    (including a pro rata amount for any amount below $1,000,000), but in
    no case shall funds made available by this proviso exceed $3,000,000:
    Provided further, That receipts from Commitment and Multiclass fees
    collected pursuant to title III of the National Housing Act (12 U.S.C.
    1716 et seq.) shall be credited as offsetting collections to this
    account.

                        Policy Development and Research

                            research and technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
    carrying out the functions of the Secretary of Housing and Urban
    Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
    1968, and for technical assistance, $105,000,000, to remain available
    until September 30, 2022:  Provided, That with respect to amounts made
    available under this heading, notwithstanding section 203 of this
    title, the Secretary may enter into cooperative agreements with
    philanthropic entities, other Federal agencies, State or local
    governments and their agencies, Indian Tribes, tribally designated
    housing entities, or colleges or universities for research projects:
    Provided further, That with respect to the preceding proviso, such
    partners to the cooperative agreements shall contribute at least a 50
    percent match toward the cost of the project:  Provided further, That
    for non-competitive agreements entered into in accordance with the
    preceding two provisos, the Secretary shall comply with section 2(b) of
    the Federal Funding Accountability and Transparency Act of 2006 (Public
    Law 109-282, 31 U.S.C. note) in lieu of compliance with section
    102(a)(4)(C) of the Department of Housing and Urban Development Reform
    Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of
    award decisions:  Provided further, That prior to obligation of
    technical assistance funding, the Secretary shall submit a plan to the
    House and Senate Committees on Appropriations on how the Secretary will
    allocate funding for this activity at least 30 days prior to
    obligation:  Provided further, That none of the funds provided under
    this heading may be available for the doctoral dissertation research
    grant program.

                       Fair Housing and Equal Opportunity

                            fair housing activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968 (42
    U.S.C. 3601 et seq.), and section 561 of the Housing and Community
    Development Act of 1987 (42 U.S.C. 3616a), $72,555,000, to remain
    available until September 30, 2022:  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, $350,000 shall be available to the
    Secretary for the creation and promotion of translated materials and
    other programs that support the assistance of persons with limited
    English proficiency in utilizing the services provided by the
    Department of Housing and Urban Development.

                Office of Lead Hazard Control and Healthy Homes

                             lead hazard reduction

                         (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,
    $360,000,000, to remain available until September 30, 2023, of which
    $60,000,000 shall be for the Healthy Homes Initiative, pursuant to
    sections 501 and 502 of the Housing and Urban Development Act of 1970,
    which shall include research, studies, testing, and demonstration
    efforts, including education and outreach concerning lead-based paint
    poisoning and other housing-related diseases and hazards:  Provided,
    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
    under this heading or under prior appropriations Acts for such purposes
    under this heading, 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 not
    less than $95,000,000 of the amounts made available under this heading
    for the award of grants pursuant to section 1011 of the Residential
    Lead-Based Paint Hazard Reduction Act of 1992 shall be provided to
    areas with the highest lead-based paint abatement needs:  Provided
    further, That with respect to obligated amounts appropriated under this
    heading in title II of division G of the Consolidated Appropriations
    Act, 2019 (Public Law 116-6) for the implementation of projects to
    demonstrate how intensive, extended, multi-year interventions can
    dramatically reduce the presence of lead-based paint hazards in
    communities: (1) such projects may serve more than four contiguous
    census tracts; (2) such projects shall allow for enrollment of families
    and homes within the community beyond where the initially targeted
    census tracts were located, provided that such projects meet the
    highest lead-based paint abatement needs, as determined by the
    Secretary; and (3) such projects may exceed 5 years in duration,
    notwithstanding any inconsistent requirements:  Provided further, That
    of the amount made available for the Healthy Homes Initiative,
    $5,000,000 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:  Provided further, That each
    applicant for a grant or cooperative agreement under this heading shall
    certify adequate capacity that is acceptable to the Secretary to carry
    out the proposed use of funds pursuant to a notice of funding
    availability:  Provided further, That of the amounts made available
    under this heading, $10,000,000 shall be for a program established by
    the Secretary to make grants to experienced non-profit organizations,
    States, local governments, or public housing agencies for safety and
    functional home modification repairs to meet the needs of low-income
    elderly homeowners to enable them to remain in their primary residence:
     Provided further, That of the total amount made available under the
    previous proviso, no less than $5,000,000 shall be available to meet
    such needs in communities with substantial rural populations:  Provided
    further, That amounts made available under this heading, except for
    amounts in the previous two provisos, 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:
    Provided further, That up to $2,000,000 of the amounts made available
    under this heading may be transferred to the heading ``Policy
    Development and Research'' for the purposes of conducting research and
    studies and for use in accordance with the provisos under that heading
    for non-competitive agreements.

                          Information Technology Fund

        For the development, modernization, and enhancement of,
    modifications to, and infrastructure for Department-wide and program-
    specific information technology systems, for the continuing operation
    and maintenance of both Department-wide and program-specific
    information systems, and for program-related maintenance activities,
    $300,000,000, of which $260,000,000 shall remain available until
    September 30, 2022, and of which $40,000,000 shall remain available
    until September 30, 2024:  Provided, That any amounts transferred to
    this Fund under this Act shall remain available until expended:
    Provided further, That any amounts transferred to this Fund from
    amounts appropriated by previously enacted appropriations Acts may be
    used for the purposes specified under this Fund, in addition to any
    other information technology purposes for which such amounts were
    appropriated:  Provided further, That not more than 10 percent of the
    funds made available under this heading for development, modernization,
    and enhancement may be obligated until the Secretary submits a
    performance plan to the House and Senate Committees on Appropriations
    for approval.

                          Office of Inspector General

        For necessary salaries and expenses of the Office of Inspector
    General in carrying out the Inspector General Act of 1978, as amended,
    $135,514,000:  Provided, That the Inspector General shall have
    independent authority over all personnel issues within this office:
    Provided further, That for this fiscal year and each fiscal year
    thereafter, subject to appropriations for that purpose, the Office of
    Inspector General shall procure and rely upon the services of an
    independent external auditor(s) to audit the financial statements of
    the Department of Housing and Urban Development, including the
    consolidated financial statement and the financial statements of the
    Federal Housing Administration and the Government National Mortgage
    Association:  Provided further, That in addition to amounts under this
    heading otherwise available for the purposes specified in the previous
    proviso, $1,686,000 shall be available only for such specified
    purposes.

        General Provisions--Department of Housing and Urban Development

                         (including transfer of funds)

                            (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 2021 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a nonfrivolous legal
    action, that is engaged in solely for the purpose of achieving or
    preventing action by a Government official or entity, or a court of
    competent jurisdiction.
        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 2021 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 2021 and
    2022, 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 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 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
            low-income and very low-income use restrictions are to be
            transferred;
                (5) the term ``transferring project'' means the multifamily
            housing project which is transferring some or all of the
            project-based assistance, debt, and the statutorily required
            low-income and very low-income use restrictions to the
            receiving project or projects; 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 2021, 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 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 (``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.
        Sec. 216.  The Secretary shall, for fiscal year 2021, 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 availability (NOFA) 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 2021, the Secretary may make the NOFA 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. The annual budget
    submission for the program offices and the Office of General Counsel
    shall include any such projected litigation costs for attorney fees as
    a separate line item request.
        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--
                (A) require immediate replacement of project management
            with a management agent approved by the Secretary;
                (B) impose civil money penalties, which shall be used
            solely for the purpose of supporting safe and sanitary
            conditions at applicable properties, as designated by the
            Secretary, with priority given to the tenants of the property
            affected by the penalty;
                (C) abate the section 8 contract, including partial
            abatement, as determined by the Secretary, until all
            deficiencies have been corrected;
                (D) pursue transfer of the project to an owner, approved by
            the Secretary under established procedures, who will be
            obligated to promptly make all required repairs and to accept
            renewal of the assistance contract if such renewal is offered;
                (E) transfer the existing section 8 contract to another
            project or projects and owner or owners;
                (F) pursue exclusionary sanctions, including suspensions or
            debarments from Federal programs;
                (G) seek judicial appointment of a receiver to manage the
            property and cure all project deficiencies or seek a judicial
            order of specific performance requiring the owner to cure all
            project deficiencies;
                (H) work with the owner, lender, or other related party to
            stabilize the property in an attempt to preserve the property
            through compliance, transfer of ownership, or an infusion of
            capital provided by a third-party that requires time to
            effectuate; or
                (I) take any other regulatory or contractual remedies
            available as deemed necessary and appropriate by the Secretary.
        (d) The Secretary shall take appropriate steps to ensure that
    project-based contracts remain in effect, subject to the exercise of
    contractual abatement remedies to assist relocation of tenants for
    major threats to health and safety after written notice to the affected
    tenants. To the extent the Secretary determines, in consultation with
    the tenants and the local government, that the property is not feasible
    for continued rental assistance payments under such section 8 or other
    programs, based on consideration of--
                (1) the costs of rehabilitating and operating the property
            and all available Federal, State, and local resources,
            including rent adjustments under section 524 of the Multifamily
            Assisted Housing Reform and Affordability Act of 1997
            (``MAHRAA''); and
                (2) environmental conditions that cannot be remedied in a
            cost-effective fashion, the Secretary may contract for project-
            based rental assistance payments with an owner or owners of
            other existing housing properties, or provide other rental
            assistance.
        (e) The Secretary shall report quarterly on all properties covered
    by this section that are assessed through the Real Estate Assessment
    Center and have UPCS physical inspection scores of less than 60 or have
    received an unsatisfactory management and occupancy review within the
    past 36 months. The report shall include--
                (1) identification of the enforcement actions being taken
            to address such conditions, including imposition of civil money
            penalties and termination of subsidies, and identification of
            properties that have such conditions multiple times;
                (2) identification of actions that the Department of
            Housing and Urban Development is taking to protect tenants of
            such identified properties; and
                (3) any administrative or legislative recommendations to
            further improve the living conditions at properties covered
            under a housing assistance payment contract.
    This report shall be submitted to the Senate and House Committees on
    Appropriations not later than 30 days after the enactment of this Act,
    and on the first business day of each Federal fiscal year quarter
    thereafter while this section remains in effect.
        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 2021.
        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 by this Act may be used
    to require or enforce the Physical Needs Assessment (PNA).
        Sec. 223.  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. 224.  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. 225.  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. 226.  None of the funds provided in this Act or any other Act
    may be used for awards, including performance, special act, or spot,
    for any employee of the Department of Housing and Urban Development
    subject to administrative discipline (including suspension from work),
    in this fiscal year, but this prohibition shall not be effective prior
    to the effective date of any such administrative discipline or after
    any final decision over-turning such discipline.
        Sec. 227.  With respect to grant amounts awarded under the heading
    ``Homeless Assistance Grants'' for fiscal years 2015 through 2021 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. 228. (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. 229.  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. 230.  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. 231.  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. 232.  None of the funds made available by this or any prior
    Act may be used to require or enforce any changes to the terms and
    conditions of the public housing annual contributions contract between
    the Secretary and any public housing agency, as such contract was in
    effect as of December 31, 2017, unless such changes are mutually agreed
    upon by the Secretary and such agency:  Provided, That such agreement
    by an agency may be indicated only by a written amendment to the terms
    and conditions containing the duly authorized signature of its chief
    executive:  Provided further, That the Secretary may not withhold funds
    to compel such agreement by an agency which certifies to its compliance
    with its contract.
        Sec. 233.  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. 234.  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. 235.  None of the amounts made available by this Act may be
    used to prohibit any public housing agency under receivership or the
    direction of a Federal monitor from applying for, receiving, or using
    funds made available under the heading ``Public Housing Fund'' for
    competitive grants to evaluate and reduce lead-based paint hazards in
    this Act or that remain available and not awarded from prior Acts, or
    be used to prohibit a public housing agency from using such funds to
    carry out any required work pursuant to a settlement agreement, consent
    decree, voluntary agreement, or similar document for a violation of the
    Lead Safe Housing or Lead Disclosure Rules.
        Sec. 236.  There are hereby rescinded, from funds appropriated
    under the heading ``Department of Housing and Urban Development--
    Housing Programs--Rental Housing Assistance''--
                (1) all unobligated balances from recaptured amounts
            appropriated prior to fiscal year 2006 from terminated
            contracts under section 236(f)(2) of the National Housing Act
            (12 U.S.C. 1715z-1(f)(2)), and any unobligated balances,
            including recaptures and carryover, remaining from funds
            appropriated under such heading after fiscal year 2005; and
                (2) any funds remaining from amounts appropriated under
            such heading in the prior fiscal year.
        Sec. 237.  None of the funds made available by this title may be
    used to issue rules or guidance in contravention of section 210 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. 238.  No later than September 30, 2021, the remaining
    unobligated balances of funds made available for the youth homelessness
    demonstration under the heading ``Department of Housing and Urban
    Development--Community Planning and Development--Homeless Assistance
    Grants'' in the Consolidated Appropriations Act, 2019 (Public Law 116-
    6) are hereby permanently rescinded, and an amount of additional new
    budget authority equivalent to the amount rescinded is hereby
    appropriated, to remain available until September 30, 2022, in addition
    to other funds as may be available for such purposes, and shall be
    available, without additional competition, for completing the funding
    of awards made pursuant to the fiscal year 2019 youth homelessness
    demonstration.
        This title may be cited as the ``Department of Housing and Urban
    Development Appropriations Act, 2021''.

                                   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),
    $9,200,000:  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 (46
    U.S.C. 307), 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, $30,300,000:  Provided, That not to exceed
    $3,500 shall be for official reception and representation expenses.

                    National Railroad Passenger Corporation

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General for the
    National Railroad Passenger Corporation to carry out the provisions of
    the Inspector General Act of 1978 (5 U.S.C. App. 3), $25,274,000:
    Provided, That the Inspector General shall have all necessary
    authority, in carrying out the duties specified in such Act, to
    investigate allegations of fraud, including false statements to the
    Government under section 1001 of title 18, United States Code, by any
    person or entity that is subject to regulation by the National Railroad
    Passenger Corporation:  Provided further, That the Inspector General
    may enter into contracts and other arrangements for audits, studies,
    analyses, and other services with public agencies and with private
    persons, subject to the applicable laws and regulations that govern the
    obtaining of such services within the National Railroad Passenger
    Corporation:  Provided further, That the Inspector General may select,
    appoint, and employ such officers and employees as may be necessary for
    carrying out the functions, powers, and duties of the Office of
    Inspector General, subject to the applicable laws and regulations that
    govern such selections, appointments, and employment within the
    National Railroad Passenger Corporation:  Provided further, That
    concurrent with the President's budget request for fiscal year 2022,
    the Inspector General shall submit to the House and Senate Committees
    on Appropriations a budget request for fiscal year 2022 in similar
    format and substance to budget requests submitted by executive agencies
    of the Federal Government.

                      National Transportation Safety Board

                             salaries and expenses

        For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, 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 law (5 U.S.C. 5901-5902),
    $118,400,000, 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, of
    which $5,000,000 shall be for a multi-family rental housing program:
    Provided, That an additional $2,000,000, to remain available until
    September 30, 2024, shall be for the promotion and development of
    shared equity housing models.

                          Surface Transportation Board

                             salaries and expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by section 3109 of title 5, United States
    Code, $37,500,000:  Provided, That, notwithstanding any other provision
    of law, not to exceed $1,250,000 from fees established by the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading:  Provided further, That the amounts made available
    under this heading from the general fund shall be reduced on a dollar-
    for-dollar basis as such offsetting collections are received during
    fiscal year 2021, to result in a final appropriation from the general
    fund estimated at not more than $36,250,000.

               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

        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 available for
    obligation or expenditure in fiscal year 2021, 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 2021 from appropriations made available for salaries
    and expenses for fiscal year 2021 in this Act, shall remain available
    through September 30, 2022, for each such account for the purposes
    authorized:  Provided, That a request shall be submitted to the House
    and Senate Committees on Appropriations for approval prior to the
    expenditure of such funds:  Provided further, That these requests shall
    be made in compliance with reprogramming guidelines under 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, water-related and wastewater-related
    infrastructure), other structures designated for use by the general
    public or which have other common-carrier or public-utility functions
    that serve the general public and are subject to regulation and
    oversight by the government, and projects for the removal of an
    immediate threat to public health and safety or brownfields as defined
    in the Small Business Liability Relief and Brownfields Revitalization
    Act (Public Law 107-118) shall be considered a public use for purposes
    of eminent domain.
        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 part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his or her period of active military or naval service, and
    has within 90 days after his or her release from such service or from
    hospitalization continuing after discharge for a period of not more
    than 1 year, made application for restoration to his or her former
    position and has been certified by the Office of Personnel Management
    as still qualified to perform the duties of his or her former position
    and has not been restored thereto.
        Sec. 410.  No funds appropriated pursuant to this Act may be
    expended by an entity unless the entity agrees that in expending the
    assistance the entity will comply with sections 2 through 4 of the Act
    of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
    American Act'').
        Sec. 411.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
        Sec. 412.  None of the funds made available in this Act may be used
    for first-class airline accommodations in contravention of sections
    301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
        Sec. 413. (a) None of the funds made available by this Act may be
    used to approve a new foreign air carrier permit under sections 41301
    through 41305 of title 49, United States Code, or exemption application
    under section 40109 of that title of an air carrier already holding an
    air operators certificate issued by a country that is party to the
    U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
    would contravene United States law or Article 17 bis of the U.S.-E.U.-
    Iceland-Norway Air Transport Agreement.
        (b) Nothing in this section shall prohibit, restrict or otherwise
    preclude the Secretary of Transportation from granting a foreign air
    carrier permit or an exemption to such an air carrier where such
    authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
    Transport Agreement and United States law.
        Sec. 414.  None of the funds made available in this Act may be used
    to send or otherwise pay for the attendance of more than 50 employees
    of a single agency or department of the United States Government, who
    are stationed in the United States, at any single international
    conference unless the relevant Secretary reports to the House and
    Senate Committees on Appropriations at least 5 days in advance that
    such attendance is important to the national interest:  Provided, That
    for purposes of this section the term ``international conference''
    shall mean a conference occurring outside of the United States attended
    by representatives of the United States Government and of foreign
    governments, international organizations, or nongovernmental
    organizations.
        Sec. 415.  None of the funds appropriated or otherwise made
    available under this Act may be used by the Surface Transportation
    Board to charge or collect any filing fee for rate or practice
    complaints filed with the Board in an amount in excess of the amount
    authorized for district court civil suit filing fees under section 1914
    of title 28, United States Code.
        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
    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. 417. (a) None of the funds made available in this Act may be
    used to deny an Inspector General funded under this Act timely access
    to any records, documents, or other materials available to the
    department or agency over which that Inspector General has
    responsibilities under the Inspector General Act of 1978 (5 U.S.C.
    App.), or to prevent or impede that Inspector General's access to such
    records, documents, or other materials, under any provision of law,
    except a provision of law that expressly refers to the Inspector
    General and expressly limits the Inspector General's right of access.
        (b) A department or agency covered by this section shall provide
    its Inspector General with access to all such records, documents, and
    other materials in a timely manner.
        (c) Each Inspector General shall ensure compliance with statutory
    limitations on disclosure relevant to the information provided by the
    establishment over which that Inspector General has responsibilities
    under the Inspector General Act of 1978 (5 U.S.C. App.).
        (d) Each Inspector General covered by this section shall report to
    the Committees on Appropriations of the House of Representatives and
    the Senate within 5 calendar days any failures to comply with this
    requirement.
        Sec. 418.  None of the funds appropriated or otherwise made
    available by this Act may be used to pay award or incentive fees for
    contractors whose performance has been judged to be below satisfactory,
    behind schedule, over budget, or has failed to meet the basic
    requirements of a contract, unless the Agency determines that any such
    deviations are due to unforeseeable events, government-driven scope
    changes, or are not significant within the overall scope of the project
    and/or program unless such awards or incentive fees are consistent with
    16.401(e)(2) of the Federal Acquisition Regulations.
        Sec. 419.  In allocating and awarding available amounts provided
    under the heading ``Homeless Assistance Grants'' in the Department of
    Housing and Urban Development Appropriations Act, 2020 (Public Law 116-
    94), the same heading for fiscal year 2019 (Public Law 116-6), and
    section 231 of Public Law 116-94 for the Continuum of Care program, the
    Secretary of Housing and Urban Development shall renew for one 12-month
    period, without additional competition, all projects with existing
    grants expiring during calendar year 2021, including youth homeless
    demonstration projects and shelter plus care projects expiring during
    calendar year 2021, notwithstanding any inconsistent provisions in such
    Acts or in subtitle C of title IV of the McKinney-Vento Homeless
    Assistance Act, as amended:  Provided, That Continuum of Care planning
    and Unified Funding Agency awards expiring in calendar year 2021 may
    also be renewed and that the Continuum of Care may designate a new
    collaborative applicant to receive the award in accordance with the
    existing process established by the Secretary:  Provided further, That
    the Secretary shall publish a Notice that identifies and lists all
    projects and awards eligible for such noncompetitive renewal,
    prescribes the format and process by which the projects and awards from
    the list will be renewed, makes adjustments to the renewal amount based
    on changes to the Fair Market Rent, and establishes a maximum amount
    for the renewal of planning and Unified Funding Agency awards
    notwithstanding the requirement that such maximum amount be established
    in a Notice of Funding Availability.
        Sec. 420.  Of the amounts made available by this Act for fiscal
    year 2021 under the heading ``Department of Housing and Urban
    Development--Public and Indian Housing--Tenant-Based Rental
    Assistance'' and specified in the first paragraph of such heading,
    $695,000,000 is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
        Sec. 421.  In addition to funds provided to the ``Payments to Air
    Carriers'' program in Public Law 116-94, Public Law 116-136, and this
    Act to carry out the essential air service program under section 41731
    through 41742 of title 49, United States Code, $23,332,000 to be
    derived from the Treasury, and to be made available to the Essential
    Air Service and Rural Improvement Fund, to prevent, prepare for, and
    respond to coronavirus, including to offset the loss resulting from the
    coronavirus pandemic of the mandatory overflight fees collected
    pursuant to section 45301 of title 49, United States Code:  Provided,
    That, notwithstanding section 41733 of title 49, United States Code,
    for each of fiscal years 2020 and 2021, 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 417831
    of title 49, United States Code:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.
        Sec. 422.  Section 47114(c)(1) of title 49, United States Code, is
    amended by adding at the end the following:
                        ``(J) Special rule for fiscal years 2022 and
                    2023.--Notwithstanding subparagraph (A) and the absence
                    of scheduled passenger aircraft service at an airport,
                    the Secretary shall apportion in fiscal years 2022 and
                    2023 to the sponsor of the airport an amount based on
                    the number of passenger boardings at the airport during
                    whichever of the following years that would result in
                    the highest apportioned amount:
                                ``(i) Calendar year 2018.
                                ``(ii) Calendar year 2019.
                                ``(iii) The prior full calendar year prior
                            to the current fiscal year.''.
        Sec. 423.  Notwithstanding section 47124(d)(1)(B) of title 49,
    United States Code, the Secretary of Transportation shall not calculate
    a benefit-to-cost ratio with respect to an air traffic control tower
    participating in the Contract Tower Program on the basis of an annual
    aircraft traffic decrease in fiscal years 2020 and 2021.
        This division may be cited as the ``Transportation, Housing and
    Urban Development, and Related Agencies Appropriations Act, 2021''.

    DIVISION M--CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS
                                   ACT, 2021

                                    TITLE I

                             DEPARTMENT OF COMMERCE

                NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

                         fisheries disaster assistance

        For an additional amount for ``Fisheries Disaster Assistance'',
    $300,000,000 to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, which shall only be for activities authorized under
    section 12005 of the Coronavirus Aid, Relief, and Economic Security Act
    (Public Law 116-136):  Provided, That the amount provided under this
    heading in this Act shall only be allocated to States of the United
    States bordering the Atlantic, Pacific, or Arctic Ocean, the Gulf of
    Mexico, or the Great Lakes, as well as Puerto Rico, the United States
    Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands,
    American Samoa, and federally recognized Tribes in any of the Nation's
    coastal States and territories, and federally recognized Tribes in any
    of the Nation's Great Lakes States with fisheries on the Tribe's
    reservation or ceded or usual and accustomed territory:  Provided
    further, That each State and territory in the preceding proviso, except
    those States only bordering the Great Lakes, shall receive an amount
    equal to not less than 1 percent of the amount provided under this
    heading in this Act and not greater than, from amounts provided under
    either section 12005 of Public Law 116-136 or amounts provided under
    this heading in this Act, that State or territory's total annual
    average revenue from commercial fishing operations, aquaculture firms,
    the seafood supply chain, and charter fishing businesses:  Provided
    further, That of the funds provided under this heading in this Act,
    $30,000,000 shall be for coronavirus related fishing impacts for Tribal
    fishery participants referenced in the first proviso:  Provided
    further, That the National Oceanic and Atmospheric Administration, in
    consultation with Tribes referenced in the first proviso, shall develop
    an application and distribution process to disburse funds to all
    eligible impacted Tribes in a manner that takes into account economic,
    subsistence, and ceremonial impacts to Tribes and that ensures timely
    distribution of funds:  Provided further, That of the funds provided
    under this heading in this Act, $15,000,000 shall be for all
    coronavirus related fishing impacts to non-tribal commercial,
    aquaculture, processor, and charter fishery participants in States of
    the United States bordering the Great Lakes:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                                    TITLE II

                        DEPARTMENT OF HOMELAND SECURITY

                PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                      Federal Emergency Management Agency

                              disaster relief fund

        For an additional amount for ``Federal Emergency Management
    Agency--Disaster Relief Fund'', $2,000,000,000, to remain available
    until expended, to carry out the purposes of section 201 of this title:
     Provided, That such amount is designated by the Congress as being for
    an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                               GENERAL PROVISIONS

        Sec. 201. (a) For the emergency declaration issued by the President
    on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)), and
    for any subsequent major disaster declaration under section 401 of such
    Act (42 U.S.C. 5170) that supersedes such emergency declaration, the
    President shall provide financial assistance to an individual or
    household to meet disaster-related funeral expenses under section
    408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5174(e)(1)), for such expenses incurred
    through December 31, 2020, for which the Federal cost share shall be
    100 percent.
        (b) Nothing in this section shall be construed to otherwise limit
    the authorities of the President under the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

                                   TITLE III

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Food and Drug Administration

                             salaries and expenses

        For an additional amount for ``Salaries and Expenses'',
    $55,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus, domestically or internationally, of
    which $9,000,000 shall be for the development of necessary medical
    countermeasures and vaccines, $30,500,000 shall be for advanced
    manufacturing for medical products, $1,500,000 shall be for the
    monitoring of medical product supply chains, $7,600,000 shall be for
    other public health research and response investments, $1,400,000 shall
    be for data management operation tools, and $5,000,000 shall be for
    after action review activities:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                   Centers for Disease Control and Prevention

                    cdc-wide activities and program support

                         (including transfer of funds)

         For an additional amount for ``CDC-Wide Activities and Program
    Support'', $8,750,000,000, to remain available until September 30,
    2024, to prevent, prepare for, and respond to coronavirus, domestically
    or internationally:  Provided, That amounts appropriated under this
    heading in this Act shall be for activities to plan, prepare for,
    promote, distribute, administer, monitor, and track coronavirus
    vaccines to ensure broad-based distribution, access, and vaccine
    coverage:  Provided further, That of the amount appropriated under this
    heading in this Act, not less than $4,500,000,000 shall be for States,
    localities, territories, tribes, tribal organizations, urban Indian
    health organizations, or health service providers to tribes:  Provided
    further, That of the amount in the preceding proviso, $210,000,000,
    shall be transferred to the ``Department of Health and Human Services--
    Indian Health Service--Indian Health Services'' to be allocated at the
    discretion of the Director of the Indian Health Service and distributed
    through Indian Health Service directly operated programs and to tribes
    and tribal organizations under the Indian Self-Determination and
    Education Assistance Act and through contracts or grants with urban
    Indian organizations under title V of the Indian Health Care
    Improvement Act:  Provided further, That the amount transferred to
    tribes and tribal organizations under the Indian Self-Determination and
    Education Assistance Act in the preceding proviso shall be transferred
    on a one-time, non-recurring basis, is not part of the amount required
    by 25 U.S.C. 5325, and may only be used for the purposes identified
    under this heading in this Act, notwithstanding any other provision of
    law:  Provided further, That the amounts identified in the second
    proviso under this heading in this Act, except for the amounts
    transferred pursuant to the third proviso under this heading in this
    Act, shall be allocated to States, localities, and territories
    according to the formula that applied to the Public Health Emergency
    Preparedness cooperative agreement in fiscal year 2020:  Provided
    further, That of the amounts identified in the second proviso under
    this heading in this Act, except for the amounts transferred pursuant
    to the third proviso under this heading in this Act, not less than
    $1,000,000,000 shall be made available within 21 days of the date of
    enactment of this Act:  Provided further, That of the amounts
    identified in the second proviso under this heading in this Act, except
    for the amounts transferred pursuant to the third proviso under this
    heading in this Act, not less than $300,000,000 shall be for high-risk
    and underserved populations, including racial and ethnic minority
    populations and rural communities:  Provided further, That the Director
    of the Centers for Disease Control and Prevention (``CDC'') may satisfy
    the funding thresholds outlined in the second, fifth, sixth, and
    seventh provisos by making awards through other grant or cooperative
    agreement mechanisms:  Provided further, That amounts appropriated
    under this heading in this Act may be used to restore, either directly
    or through reimbursement, obligations incurred for coronavirus vaccine
    promotion, preparedness, tracking, and distribution prior to the
    enactment of this Act:  Provided further, That the Director of the CDC
    shall provide an updated and comprehensive coronavirus vaccine
    distribution strategy and a spend plan, to include funds already
    allocated for distribution, to the Committees on Appropriations of the
    House of Representatives and the Senate and the Committee on Energy and
    Commerce of the House of Representatives and Committee on Health,
    Education, Labor, and Pensions of the Senate within 30 days of
    enactment of this Act:  Provided further, That such strategy and plan
    shall include how existing infrastructure will be leveraged,
    enhancements or new infrastructure that may be built, considerations
    for moving and storing vaccines, guidance for how States, localities,
    territories, tribes, tribal organizations, urban Indian health
    organizations, or health service providers to tribes, and health care
    providers should prepare for, store, and administer vaccines,
    nationwide vaccination targets, funding that will be distributed to
    States, localities, and territories, how an informational campaign to
    inform both the public and health care providers will be executed, and
    how the strategy and plan will focus efforts on high-risk and
    underserved populations, including racial and ethnic minority
    populations:  Provided further, That such strategy and plan shall be
    updated and provided to the Committees on Appropriations of the House
    of Representatives and the Senate and the Committee on Energy and
    Commerce of the House of Representatives and Committee on Health,
    Education, Labor, and Pensions of the Senate every 90 days through the
    end of the fiscal year:  Provided further, That amounts appropriated
    under this heading in this Act may be used for grants for the
    construction, alteration, or renovation of non-Federally owned
    facilities to improve preparedness and response capability at the State
    and local level:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                         National Institutes of Health

                             Office of the Director

                         (including transfer of funds)

         For an additional amount for ``Office of the Director'',
    $1,250,000,000, to remain available until September 30, 2024, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That of the amount appropriated under this
    heading in this Act, $1,150,000,000 shall be provided for research and
    clinical trials related to long-term studies of COVID-19:  Provided
    further, That of the amount appropriated under this heading in this
    Act, no less than $100,000,000 shall be for the Rapid Acceleration of
    Diagnostics:  Provided further, That funds appropriated under this
    heading in this Act may be transferred to the accounts of Institutes
    and Centers of the National Institutes of Health (NIH):  Provided
    further, That this transfer authority is in addition to any other
    transfer authority available to the NIH:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

           Substance Abuse and Mental Health Services Administration

                    Health Surveillance and Program Support

        For an additional amount for ``Heath Surveillance and Program
    Support'', $4,250,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That of the
    amount appropriated under this heading in this Act, $1,650,000,000
    shall be for grants for the substance abuse prevention and treatment
    block grant program under subpart II of part B of title XIX of the
    Public Health Service Act (``PHS Act''):  Provided further, That of the
    amount appropriated under this heading in this Act, $1,650,000,000
    shall be for grants for the community mental health services block
    grant program under subpart I of part B of title XIX of the PHS Act:
    Provided further, That of the amount appropriated in the preceding
    proviso, the Assistant Secretary is directed to provide no less than 50
    percent of funds directly to facilities defined in section 1913(c) of
    the PHS Act:  Provided further, That of the amount appropriated under
    this heading in this Act, not less than $600,000,000 is available for
    the Certified Community Behavioral Health Clinic Expansion Grant
    program:  Provided further, That of the amount appropriated under this
    heading in this Act, not less than $50,000,000 shall be available for
    suicide prevention programs:  Provided further, That of the amount
    appropriated under this heading in this Act, $50,000,000 shall be for
    activities and services under Project AWARE:  Provided further, That of
    the amount appropriated under this heading in this Act, not less than
    $240,000,000 is available for activities authorized under section
    501(o) of the PHS Act:  Provided further, That the Assistant Secretary
    may prioritize amounts appropriated in the preceding proviso to
    eligible states that did not receive amounts made available for such
    purpose under the Coronavirus Aid, Relief, and Economic Security Act
    (Public Law 116-136):  Provided further, That of the amount
    appropriated under this heading in this Act, $10,000,000 shall be for
    the National Child Traumatic Stress Network:  Provided further, That
    from within the amount appropriated under this heading in this Act in
    the previous provisos, a total of not less than $125,000,000 shall be
    allocated to tribes, tribal organizations, urban Indian health
    organizations, or health or behavioral health service providers to
    tribes:  Provided further, That with respect to the amount appropriated
    under this heading in this Act the Substance Abuse and Mental Health
    Services Administration shall maintain the 20 percent set-aside for
    prevention, but may waive requirements with respect to allowable
    activities, timelines, or reporting requirements for the Substance
    Abuse Prevention and Treatment Block Grant and the Community Mental
    Health Services Block Grant as deemed necessary to facilitate a
    grantee's response to coronavirus:  Provided further, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                    Administration for Children and Families

       payments to states for the child care and development block grant

        For an additional amount for ``Payments to States for the Child
    Care and Development Block Grant'', $10,000,000,000 to prevent, prepare
    for, and respond to coronavirus, domestically or internationally which
    shall be used to supplement, not supplant State, Territory, and Tribal
    general revenue funds for child care assistance for low-income families
    within the United States (including territories) without regard to
    requirements in sections 658E(c)(3)(D)-(E), or 658G of the Child Care
    and Development Block Grant Act (``CCDBG Act''):  Provided, That funds
    appropriated under this heading in this Act may be used for costs of
    providing relief from copayments and tuition payments for families and
    for paying that portion of the child care provider's cost ordinarily
    paid through family copayments to provide continued payments and
    assistance to child care providers in the case of decreased enrollment
    or closures related to coronavirus, and to assure they are able to
    remain open or reopen as appropriate and applicable, including for
    fixed costs and increased operating expenses:  Provided further, That
    States, Territories, and Tribes are encouraged to place conditions on
    payments to child care providers that ensure that child care providers
    use a portion of funds received to continue to pay the salaries and
    wages of staff:  Provided further, That lead agencies may use funds
    provided under this heading in this Act to support the stability of the
    child care sector to help providers afford increased operating expenses
    during the COVID-19 public health emergency, and shall publicize widely
    the availability of, and provide technical assistance to help providers
    apply for, funding available for such purposes, including among center-
    based child care providers, family child care providers, and group home
    child care providers:  Provided further, That lead agencies are
    encouraged to implement enrollment and eligibility policies that
    support the fixed costs of providing child care services by delinking
    provider reimbursement rates from an eligible child's absence and a
    provider's closure due to the COVID-19 public health emergency:
    Provided further, That the Secretary shall remind States that Child
    Care and Development Block Grant (``CCDBG'') State plans do not need to
    be amended prior to utilizing existing authorities in the CCDBG Act for
    the purposes provided herein:  Provided further, That States,
    Territories, and Tribes are authorized to use funds appropriated under
    this heading in this Act to provide child care assistance to health
    care sector employees, emergency responders, sanitation workers,
    farmworkers, and other workers deemed essential during the response to
    coronavirus by public officials, without regard to the income
    eligibility requirements of section 658P(4) of such Act:  Provided
    further, That States, Territories, and Tribes shall use a portion of
    funds appropriated under this heading in this Act to provide assistance
    to eligible child care providers under section 658P(6) of the CCDBG Act
    that were not receiving CCDBG assistance prior to the public health
    emergency as a result of the coronavirus and any renewal of such
    declaration pursuant to such section 319, for the purposes of cleaning
    and sanitation, and other activities necessary to maintain or resume
    the operation of programs, including for fixed costs and increased
    operating expenses:  Provided further, That funds provided under this
    heading in this Act may be used to provide technical assistance to
    child care providers to help providers implement practices and policies
    in line with guidance from State and local health departments and the
    Centers for Disease Control and Prevention regarding the safe provision
    of child care services while there is community transmission of COVID-
    19:  Provided further, That funds appropriated under this heading in
    this Act may be made available to restore amounts, either directly or
    through reimbursement, for obligations incurred to prevent, prepare
    for, and respond to coronavirus, domestically or internationally, prior
    to the date of enactment of this Act:  Provided further, That the
    Secretary may reserve not more than $15,000,000 for Federal
    administrative expenses, which shall remain available through September
    30, 2024:  Provided further, That no later than 60 days after the date
    of enactment of this Act, each State, Territory, and Tribe that
    receives funding under this heading in this Act shall submit to the
    Secretary a report, in such manner as the Secretary may require,
    describing how the funds appropriated under this heading in this Act
    will be spent and that no later than 90 days after the date of
    enactment of this Act, the Secretary shall submit to the Committees on
    Appropriations of the House of Representatives and the Senate, 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 summarizing such reports from the States, Territories, and
    Tribes:  Provided further, That, no later than October 31, 2022, each
    State, Territory, and Tribe that receives funding under this heading in
    this Act shall submit to the Secretary a report, in such manner as the
    Secretary may require, describing how the funds appropriated under this
    heading in this Act were spent and that no later than 60 days after
    receiving such reports from the States, Territories, and Tribes, the
    Secretary shall submit to the Committees on Appropriations of the House
    of Representatives and the Senate, 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 summarizing such
    reports from the States, Territories, and Tribes:  Provided further,
    That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                     children and families services program

        For an additional amount for ``Children and Families Services
    Programs'', $250,000,000, to prevent, prepare for, and respond to
    coronavirus, for making payments under the Head Start Act, including
    for Federal administrative expenses, and allocated in an amount that
    bears the same ratio to such portion as the number of enrolled children
    served by the agency involved bears to the number of enrolled children
    by all Head Start agencies:  Provided, That none of the funds made
    available under this heading in the Act shall be included in the
    calculation of the ``base grant'' in subsequent fiscal years, as such
    term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3)
    of the Head Start Act:  Provided further, That funds made available
    under this heading in this Act are not subject to the allocation
    requirements of section 640(a) of the Head Start Act:  Provided
    further, That such funds may be available to restore amounts, either
    directly or through reimbursement, for obligations incurred to prevent,
    prepare for, and respond to coronavirus, prior to the date of enactment
    of this Act:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                      Administration for Community Living

                     aging and disability services programs

        For an additional amount for ``Aging and Disability Services
    Programs'', $100,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, which shall be for
    activities authorized under Subtitle B of Title XX of the Social
    Security Act, of which not less than $50,000,000 shall be for
    implementation of Section 2042(b) of the Social Security Act:
    Provided, That such amount is designated by the Congress as being for
    an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                            Office of the Secretary

                Public Health and Social Services Emergency Fund

                         (including transfer of funds)

        For an additional amount for ``Public Health and Social Services
    Emergency Fund'', $22,945,000,000, to remain available until September
    30, 2024, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally, including the development of necessary
    countermeasures and vaccines, prioritizing platform-based technologies
    with U.S.-based manufacturing capabilities, the purchase of vaccines,
    therapeutics, diagnostics, necessary medical supplies, as well as
    medical surge capacity, and other preparedness and response activities:
     Provided, That funds appropriated under this paragraph in this Act may
    be used to develop and demonstrate innovations and enhancements to
    manufacturing platforms to support such capabilities:  Provided
    further, That the Secretary of Health and Human Services (referred to
    under this heading as ``Secretary'') shall purchase vaccines developed
    using funds made available under this paragraph in this Act to respond
    to an outbreak or pandemic related to coronavirus in quantities
    determined by the Secretary to be adequate to address the public health
    need:  Provided further, That the Secretary may take into account
    geographical areas with a high percentage of cross-jurisdictional
    workers when determining allocations of vaccine doses:  Provided
    further, That products purchased by the Federal government with funds
    made available under this paragraph in this Act, including vaccines,
    therapeutics, and diagnostics, shall be purchased in accordance with
    Federal Acquisition Regulation guidance on fair and reasonable pricing:
     Provided further, That the Secretary may take such measures authorized
    under current law to ensure that vaccines, therapeutics, and
    diagnostics developed from funds provided in this Act will be
    affordable in the commercial market:  Provided further, That in
    carrying out the preceding proviso, the Secretary shall not take
    actions that delay the development of such products:  Provided further,
    That products purchased with funds appropriated under this paragraph in
    this Act may, at the discretion of the Secretary of Health and Human
    Services, be deposited in the Strategic National Stockpile under
    section 319F-2 of the Public Health Service Act:  Provided further,
    That of the amount appropriated under this paragraph in this Act, not
    more than $3,250,000,000 shall be for the Strategic National Stockpile
    under section 319F-2(a) of such Act:  Provided further, That funds
    appropriated under this paragraph in this Act may be transferred to,
    and merged with, the fund authorized by section 319F-4, the Covered
    Countermeasure Process Fund, of the Public Health Service Act:
    Provided further, That of the amount appropriated under this paragraph
    in this Act, $19,695,000,000 shall be available to the Biomedical
    Advanced Research and Development Authority for necessary expenses of
    manufacturing, production, and purchase, at the discretion of the
    Secretary, of vaccines, therapeutics, and ancillary supplies necessary
    for the administration of such vaccines and therapeutics:  Provided
    further, That funds in the preceding proviso may be used for the
    construction or renovation of U.S.-based next generation manufacturing
    facilities, other than facilities owned by the United States
    Government:  Provided further, That the Secretary shall notify the
    Committees on Appropriations of the House of Representatives and the
    Senate 2 days in advance of any obligation in excess of $50,000,000,
    including but not limited to contracts and interagency agreements, from
    funds provided in this paragraph in this Act:  Provided further, That
    amounts appropriated under this paragraph in this Act may be used to
    restore, either directly or through reimbursement, obligations incurred
    for coronavirus vaccines and therapeutics planning, development,
    preparation, and purchase prior to the enactment of this Act:  Provided
    further, That funds appropriated under this paragraph in this Act may
    be used for the construction, alteration, or renovation of non-
    federally owned facilities for the production of vaccines,
    therapeutics, diagnostics, and ancillary medical supplies where the
    Secretary determines that such a contract is necessary to secure
    sufficient amounts of such supplies:  Provided further, That not later
    than 30 days after enactment of this Act, and every 30 days thereafter
    until funds are expended, the Secretary shall report to the Committees
    on Appropriations of the House of Representatives and the Senate on
    uses of funding for Operation Warp Speed, detailing current obligations
    by Department or Agency, or component thereof broken out by the
    coronavirus supplemental appropriations Act that provided the source of
    funds:  Provided further, That the plan outlined in the preceding
    proviso shall include funding by contract, grant, or other transaction
    in excess of $20,000,000 with a notation of which Department or Agency,
    and component thereof is managing the contract:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
        For an additional amount for ``Public Health and Social Services
    Emergency Fund'', $22,400,000,000, to remain available until September
    30, 2022, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally, which shall be for necessary expenses
    for testing, contact tracing, surveillance, containment, and mitigation
    to monitor and suppress COVID-19, including tests for both active
    infection and prior exposure, including molecular, antigen, and
    serological tests, the manufacturing, procurement and distribution of
    tests, testing equipment and testing supplies, including personal
    protective equipment needed for administering tests, the development
    and validation of rapid, molecular point-of-care tests, and other
    tests, support for workforce, epidemiology, to scale up academic,
    commercial, public health, and hospital laboratories, to conduct
    surveillance and contact tracing, support development of COVID-19
    testing plans, and other related activities related to COVID-19 testing
    and mitigation:  Provided, That amounts appropriated under this
    paragraph in this Act shall be for States, localities, territories,
    tribes, tribal organizations, urban Indian health organizations, or
    health service providers to tribes for necessary expenses for testing,
    contact tracing, surveillance, containment, and mitigation, including
    support for workforce, epidemiology, use by employers, elementary and
    secondary schools, child care facilities, institutions of higher
    education, long-term care facilities, or in other settings, scale up of
    testing by public health, academic, commercial, and hospital
    laboratories, and community-based testing sites, mobile testing units,
    health care facilities, and other entities engaged in COVID-19 testing,
    and other related activities related to COVID-19 testing, contact
    tracing, surveillance, containment, and mitigation which may include
    interstate compacts or other mutual aid agreements for such purposes:
    Provided further, That amounts appropriated under this paragraph in
    this Act shall be made available within 21 days of the date of
    enactment of this Act:  Provided further, That of the amount
    appropriated under this paragraph in this Act, $790,000,000, shall be
    transferred to the ``Department of Health and Human Services--Indian
    Health Service--Indian Health Services'' to be allocated at the
    discretion of the Director of the Indian Health Service and distributed
    through Indian Health Service directly operated programs and to tribes
    and tribal organizations under the Indian Self-Determination and
    Education Assistance Act and through contracts or grants with urban
    Indian organizations under title V of the Indian Health Care
    Improvement Act:  Provided further, That the amount transferred to
    tribes and tribal organizations under the Indian Self-Determination and
    Education Assistance Act in the preceding proviso shall be transferred
    on a one-time, non-recurring basis, is not part of the amount required
    by 25 U.S.C. 5325, and may only be used for the purposes identified
    under this paragraph in this Act, notwithstanding any other provision
    of law:  Provided further, That amounts appropriated under this
    paragraph in this Act, except for the amounts transferred pursuant to
    the third proviso under this paragraph in this Act, shall be allocated
    to States, localities, and territories according to the formula that
    applied to the Public Health Emergency Preparedness cooperative
    agreement in fiscal year 2020:  Provided further, That of the amount
    appropriated under this paragraph in this Act, except for the amounts
    transferred pursuant to the third proviso under this paragraph in this
    Act, not less than $2,500,000,000, shall be for strategies for
    improving testing capabilities and other purposes described in this
    paragraph in high-risk and underserved populations, including racial
    and ethnic minority populations and rural communities, as well as
    developing or identifying best practices for States and public health
    officials to use for contact tracing in high-risk and underserved
    populations, including racial and ethnic minority populations and rural
    communities and shall not be allocated pursuant to the formula in the
    preceding proviso:  Provided further, That the second proviso under
    this paragraph in this Act, shall not apply to amounts in the preceding
    proviso:  Provided further, That the Secretary of Health and Human
    Services (referred to in this paragraph as the ``Secretary'') may
    satisfy the funding thresholds outlined under this paragraph in this
    Act for funding other than amounts transferred pursuant to the third
    proviso under this paragraph in this Act by making awards through other
    grant or cooperative agreement mechanisms:  Provided further, That the
    Governor or designee of each State, locality, territory, tribe, or
    tribal organization receiving funds pursuant to this paragraph in this
    Act shall update their plans, as applicable, for COVID-19 testing and
    contact tracing submitted to the Secretary pursuant to the Paycheck
    Protection Program and Health Care Enhancement Act (Public Law 116-139)
    and submit such updates to the Secretary not later than 60 days after
    funds appropriated in this paragraph in this Act have been awarded to
    such recipient:  Provided further, That not later than 60 days after
    enactment of this Act, and every quarter thereafter until funds are
    expended, the Governor or designee of each State, locality, territory,
    tribe, or tribal organization receiving funds shall report to the
    Secretary on uses of funding, detailing current commitments and
    obligations broken out by the coronavirus supplemental appropriations
    Act that provided the source of funds:  Provided further, That not
    later than 15 days after receipt of such reports, the Secretary shall
    summarize and report to the Committees on Appropriations of the House
    of Representatives and the Senate and the Committee on Energy and
    Commerce of the House of Representatives and the Committee on Health,
    Education, Labor, and Pensions of the Senate on States' commitments and
    obligations of funding:  Provided further, That the Secretary shall
    make publicly available the plans submitted by the Governor or designee
    of each State, locality, territory, tribe, or tribal organization and
    the report on use of funds provided under this paragraph:  Provided
    further, That funds an entity receives from amounts described in the
    first proviso in this paragraph may also be used for the rent, lease,
    purchase, acquisition, construction, alteration, renovation, or
    equipping of non-federally owned facilities to improve coronavirus
    preparedness and response capability at the State and local level:
    Provided further, That the Secretary shall provide a report to the
    Committees on Appropriations of the House of Representatives and the
    Senate on obligation of funds to eligible entities pursuant to the
    sixth proviso, summarized by State, not later than 30 days after the
    date of enactment of this Act, and every 60 days thereafter until funds
    are expired:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.
        For an additional amount for ``Public Health and Social Services
    Emergency Fund'', $3,000,000,000, to remain available until expended,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally, which shall be for necessary expenses to reimburse,
    through grants or other mechanisms, eligible health care providers for
    health care related expenses or lost revenues that are attributable to
    coronavirus:  Provided, That these funds may not be used to reimburse
    expenses or losses that have been reimbursed from other sources or that
    other sources are obligated to reimburse:  Provided further, That
    recipients of payments under this paragraph shall submit reports and
    maintain documentation as the Secretary determines are needed to ensure
    compliance with conditions that are imposed by this paragraph for such
    payments, and such reports and documentation shall be in such form,
    with such content, and in such time as the Secretary may prescribe for
    such purpose:  Provided further, That ``eligible health care
    providers'' means public entities, Medicare or Medicaid enrolled
    suppliers and providers, and such for-profit entities and not-for-
    profit entities not otherwise described in this proviso as the
    Secretary may specify, within the United States (including
    territories), that provide diagnoses, testing, or care for individuals
    with possible or actual cases of COVID-19:  Provided further, That the
    Secretary shall, on a rolling basis, review applications and make
    payments under this paragraph in this Act:  Provided further, That
    funds appropriated under this paragraph in this Act shall be available
    for building or construction of temporary structures, leasing of
    properties, medical supplies and equipment including personal
    protective equipment and testing supplies, increased workforce and
    trainings, emergency operation centers, retrofitting facilities, and
    surge capacity:  Provided further, That, in this paragraph, the term
    ``payment'' means a pre-payment, prospective payment, or retrospective
    payment, as determined appropriate by the Secretary:  Provided further,
    That payments under this paragraph shall be made in consideration of
    the most efficient payment systems practicable to provide emergency
    payment:  Provided further, That to be eligible for a payment under
    this paragraph in this Act, an eligible health care provider shall
    submit to the Secretary an application that includes a statement
    justifying the need of the provider for the payment and the eligible
    health care provider shall have a valid tax identification number:
    Provided further, That for any reimbursement by the Secretary from the
    Provider Relief Fund to an eligible health care provider that is a
    subsidiary of a parent organization, the parent organization may,
    allocate (through transfers or otherwise) all or any portion of such
    reimbursement among the subsidiary eligible health care providers of
    the parent organization, including reimbursements referred to by the
    Secretary as ``Targeted Distribution'' payments, among subsidiary
    eligible health care providers of the parent organization except that
    responsibility for reporting the reallocated reimbursement shall remain
    with the original recipient of such reimbursement:  Provided further,
    That, for any reimbursement from the Provider Relief Fund to an
    eligible health care provider for health care related expenses or lost
    revenues that are attributable to coronavirus (including reimbursements
    made before the date of the enactment of this Act), such provider may
    calculate such lost revenues using the Frequently Asked Questions
    guidance released by the Department of Health and Human Services in
    June 2020, including the difference between such provider's budgeted
    and actual revenue budget if such budget had been established and
    approved prior to March 27, 2020:  Provided further, That of the amount
    made available in the third paragraph under this heading in Public Law
    116-136, not less than 85 percent of (i) the unobligated balances
    available as of the date of enactment of this Act, and (ii) any funds
    recovered from health care providers after the date of enactment of
    this Act, shall be for any successor to the Phase 3 General
    Distribution allocation to make payments to eligible health care
    providers based on applications that consider financial losses and
    changes in operating expenses occurring in the third or fourth quarter
    of calendar year 2020, or the first quarter of calendar year 2021, that
    are attributable to coronavirus:  Provided further, That, not later
    than 3 years after final payments are made under this paragraph, the
    Office of Inspector General of the Department of Health and Human
    Services shall transmit a final report on audit findings with respect
    to this program to the Committees on Appropriations of the House of
    Representatives and the Senate:  Provided further, That nothing in this
    section limits the authority of the Inspector General or the
    Comptroller General to conduct audits of interim payments at an earlier
    date:  Provided further, That not later than 60 days after the date of
    enactment of this Act, the Secretary of Health and Human Services shall
    provide a report to the Committees on Appropriations of the House of
    Representatives and the Senate on obligation of funds, including
    obligations to such eligible health care providers, summarized by State
    of the payment receipt:  Provided further, That such reports shall be
    updated and submitted to such Committees every 60 days until funds are
    expended:  Provided further, That the amounts repurposed in this
    paragraph 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 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

          GENERAL PROVISIONS--DEPARTMENT OF HEALTH AND HUMAN SERVICES

        Sec. 301.  Funds appropriated by this title may be used by the
    Secretary of the Department of Health and Human Services to appoint,
    without regard to the provisions of sections 3309 through 3319 of title
    5 of the United States Code, candidates needed for positions to perform
    critical work relating to coronavirus for which--
                (1) public notice has been given; and
                (2) the Secretary of Health and Human Services has
            determined that such a public health threat exists.
        Sec. 302.  Funds appropriated by this title may be used to enter
    into contracts with individuals for the provision of personal services
    (as described in section 104 of part 37 of title 48, Code of Federal
    Regulations (48 CFR 37.104)) to support the prevention of, preparation
    for, or response to coronavirus, domestically and internationally,
    subject to prior notification to the Committees on Appropriations of
    the House of Representatives and the Senate:  Provided, That such
    individuals may not be deemed employees of the United States for the
    purpose of any law administered by the Office of Personnel Management:
    Provided further, That the authority made available pursuant to this
    section shall expire on September 30, 2024.
        Sec. 303. (a) If services performed by an employee during 2020 and
    2021 are determined by the head of the agency to be primarily related
    to preparation, prevention, or response to coronavirus, any premium pay
    for such services shall be disregarded in calculating the aggregate of
    such employee's basic pay and premium pay for purposes of a limitation
    under section 5547(a) of title 5, United States Code, or under any
    other provision of law, whether such employees pay is paid on a
    biweekly or calendar year basis.
        (b) Any overtime pay for such services shall be disregarded in
    calculating any annual limit on the amount of overtime pay payable in a
    calendar or fiscal year.
        (c) With regard to such services, any pay that is disregarded under
    either subsection (a) or (b) shall be disregarded in calculating such
    employee's aggregate pay for purposes of the limitation in section 5307
    of such title 5.
        (d)(1) Pay that is disregarded under subsection (a) or (b) shall
    not cause the aggregate of the employee's basic pay and premium pay for
    the applicable calendar year to exceed the rate of basic pay payable
    for a position at level II of the Executive Schedule under section 5313
    of title 5, United States Code, as in effect at the end of such
    calendar year.
                (2) For purposes of applying this subsection to an employee
            who would otherwise be subject to the premium pay limits
            established under section 5547 of title 5, United States Code,
            ``premium pay'' means the premium pay paid under the provisions
            of law cited in section 5547(a).
                (3) For purposes of applying this subsection to an employee
            under a premium pay limit established under an authority other
            than section 5547 of title 5, United States Code, the agency
            responsible for administering such limit shall determine what
            payments are considered premium pay.
        (e) This section shall take effect as if enacted on February 2,
    2020.
        (f) If application of this section results in the payment of
    additional premium pay to a covered employee of a type that is normally
    creditable as basic pay for retirement or any other purpose, that
    additional pay shall not--
                (1) be considered to be basic pay of the covered employee
            for any purpose; or
                (2) be used in computing a lump-sum payment to the covered
            employee for accumulated and accrued annual leave under section
            5551 or section 5552 of title 5, United States Code.
        Sec. 304.  Funds appropriated by this title to the heading
    ``Department of Health and Human Services'' except for the amounts
    specified in the second and third paragraphs under the heading ``Public
    Health and Social Services Emergency Fund'', may be transferred to, and
    merged with, other appropriation accounts under the headings ``Centers
    for Disease Control and Prevention'', ``National Institutes of
    Health'', ``Substance Abuse and Mental Health Services'',
    ``Administration for Children and Families'', and ``Public Health and
    Social Services Emergency Fund'', to prevent, prepare for, and respond
    to coronavirus following consultation with the Office of Management and
    Budget:  Provided further, That the Committees on Appropriations of the
    House of Representatives and the Senate shall be notified 10 days in
    advance of any such transfer:  Provided further, That, upon a
    determination that all or part of the funds transferred from an
    appropriation by this title are not necessary, such amounts may be
    transferred back to that appropriation:  Provided further, That none of
    the funds made available by this title may be transferred pursuant to
    the authority in section 205 of division A of Public Law 116-94 or
    section 241(a) of the PHS Act.
        Sec. 305.  Of the funds appropriated by this title under the
    heading ``Public Health and Social Services Emergency Fund'', up to
    $2,000,000 shall be transferred to the ``Office of the Secretary,
    Office of Inspector General'', and shall remain available until
    expended, for oversight of activities supported with funds appropriated
    to the Department of Health and Human Services to prevent, prepare for,
    and respond to coronavirus, domestically or internationally:  Provided,
    That the Inspector General of the Department of Health and Human
    Services shall consult with the Committees on Appropriations of the
    House of Representatives and the Senate prior to obligating such funds:
     Provided further, That the transfer authority provided by this section
    is in addition to any other transfer authority provided by law.
        Sec. 306.  Section 675b(b)(3) of the Community Services Block Grant
    Act (42 U.S.C. 9906(b)(3)) shall not apply with respect to funds
    appropriated by the Coronavirus Aid, Relief, and Economic Security Act
    (Public Law 116-136) to carry out the Community Services Block Grant
    Act (42 U.S.C. 9901 et seq.):  Provided, That the amounts repurposed in
    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 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.
        Sec. 307.  Penalties and administrative requirements under title
    XXVI of the Public Health Service Act may be waived by the Secretary of
    Health and Human Services for funds awarded under such title of such
    Act from amounts provided for fiscal year 2020 and fiscal year 2021
    under the heading ``Department of Health and Human Services--Health
    Resources and Services Administration'', including amounts made
    available under such heading by transfer:  Provided, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                            DEPARTMENT OF EDUCATION

                          education stabilization fund

         For an additional amount for ``Education Stabilization Fund'',
    $81,880,000,000, to remain available through September 30, 2022, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                  GENERAL PROVISIONS--DEPARTMENT OF EDUCATION

                          education stabilization fund

        Sec. 311. (a) Allocations.--From the amount made available under
    this heading in this Act to carry out the Education Stabilization Fund,
    the Secretary shall first allocate--
                (1) one-half of 1 percent to the outlying areas for
            supplemental awards to be allocated not more than 30 calendar
            days from the date of enactment of this Act on the basis of the
            terms and conditions for funding provided under section
            18001(a)(1) of the Coronavirus Aid, Relief, and Economic
            Security (CARES) Act (Public Law 116-136); and
                (2) one-half of 1 percent for a supplemental award to be
            allocated to the Secretary of Interior not more than 30
            calendar days from enactment of this Act for programs operated
            or funded by the Bureau of Indian Education (BIE) under the
            terms and conditions established for funding provided under
            section 18001(a)(2) of the CARES Act (Public Law 116-136), for
            BIE-operated and funded elementary and secondary schools and
            Tribal Colleges and Universities, except that funding shall be
            allocated as follows:
                        (A) 60 percent for Bureau-funded schools, as
                    defined in 25 U.S.C. 2021, provided that such schools
                    may not be required to submit a spending plan before
                    receipt of funding.
                        (B) 40 percent for Tribal Colleges and
                    Universities, which shall be distributed according to
                    the formula in section 316(d)(3) of the Higher
                    Education Act of 1965 (``HEA'').
        (b) Reservations.--After carrying out subsection (a), the Secretary
    shall reserve the remaining funds made available as follows:
                (1) 5 percent to carry out section 312 of this title.
                (2) 67 percent to carry out section 313 of this title.
                (3) 28 percent to carry out section 314 of this title.

                   governor's emergency education relief fund

        Sec. 312. (a) Program Authorized.--(1) From funds reserved under
    section 311(b)(1) of this title and not reserved under paragraph (2),
    the Secretary shall make supplemental Emergency Education Relief grants
    to the Governor of each State with an approved application under
    section 18002 of division B of the CARES Act (Public Law 116-136). The
    Secretary shall award funds under this section to the Governor of each
    State with an approved application within 30 calendar days of the date
    of enactment of this Act.
                (2) Reservation.--From funds made available under section
            311(b)(1) of this title, the Secretary shall reserve
            $2,750,000,000 of such funds to provide Emergency Assistance to
            Non-Public Schools grants, in accordance with subsection (d),
            to the Governor of each State with an approved application
            under subsection (d)(2).
        (b) Allocations.--The amount of each grant under subsection (a)(1)
    shall be allocated by the Secretary to each State as follows:
                (1) 60 percent on the basis of their relative population of
            individuals aged 5 through 24.
                (2) 40 percent on the basis of their relative number of
            children counted under section 1124(c) of the Elementary and
            Secondary Education Act of 1965 (``ESEA'').
        (c) Uses of Funds.--Grant funds awarded under subsection (a)(1) may
    be used to--
                (1) provide emergency support through grants to local
            educational agencies that the State educational agency deems
            have been most significantly impacted by coronavirus to support
            the ability of such local educational agencies to continue to
            provide educational services to their students and to support
            the on-going functionality of the local educational agency;
                (2) provide emergency support through grants to
            institutions of higher education serving students within the
            State that the Governor determines have been most significantly
            impacted by coronavirus to support the ability of such
            institutions to continue to provide educational services and
            support the on-going functionality of the institution; and
                (3) provide support to any other institution of higher
            education, local educational agency, or education related
            entity within the State that the Governor deems essential for
            carrying out emergency educational services to students for
            authorized activities described in section 313(d)(1) of this
            title or the HEA; the provision of child care and early
            childhood education, social and emotional support; and the
            protection of education-related jobs.
        (d) Emergency Assistance to Non-Public Schools.--
                (1) Program authorized.--
                        (A) In general.--With funds reserved under
                    subsection (a)(2), the Secretary shall allot the amount
                    described in subparagraph (B) to the Governor of each
                    State with an approved application under paragraph (2)
                    in order to provide services or assistance to non-
                    public schools under this subsection. The Governor
                    shall designate the State educational agency to
                    administer the program authorized under this
                    subsection.
                        (B) Amount of allotment.--An allotment for a State
                    under subparagraph (A) shall be in the amount that
                    bears the same relationship to the total amount of the
                    funds reserved under subsection (a)(2) as the number of
                    children aged 5 through 17 at or below 185 percent of
                    poverty who are enrolled in non-public schools in the
                    State (as determined by the Secretary on the basis of
                    the best available data) bears to the total number of
                    all such children in all States.
                (2) Applications from states.--
                        (A) Application request and review.--The Secretary
                    shall--
                                (i) issue a notice inviting applications
                            for funds reserved under subsection (a)(2) not
                            later than 30 days after the date of enactment
                            of this Act; and
                                (ii) approve or deny an application not
                            later than 15 days after the receipt of the
                            application.
                        (B) Assurance.--The Governor of each State, in
                    consultation with their respective State educational
                    agency, shall include in the application submitted
                    under this paragraph an assurance that the State
                    educational agency will--
                                (i) distribute information about the
                            program to non-public schools and make the
                            information and the application easily
                            available;
                                (ii) process all applications submitted
                            promptly, in accordance with subparagraph
                            (3)(A)(ii);
                                (iii) in providing services or assistance
                            to non-public schools, ensure that services or
                            assistance is provided to any non-public school
                            that--
                                        (I) is a non-public school
                                    described in paragraph (3)(C);
                                        (II) submits an application that
                                    meets the requirements of paragraph
                                    (3)(B); and
                                        (III) requests services or
                                    assistance allowable under paragraph
                                    (4);
                                (iv) to the extent practicable, obligate
                            all funds provided under subsection (a)(2) for
                            services or assistance to non-public schools in
                            the State in an expedited and timely manner;
                            and
                                (v) obligate funds to provide services or
                            assistance to non-public schools in the State
                            not later than 6 months after receiving such
                            funds under subsection (a)(2).
                (3) Applications for services or assistance.--
                        (A) Application request and review.--A State
                    educational agency receiving funds from the Governor
                    under this subsection shall--
                                (i) make the application for services or
                            assistance described in subparagraph (B)
                            available to non-public schools by not later
                            than 30 days after the receipt of such funds;
                            and
                                (ii) approve or deny an application not
                            later than 30 days after the receipt of the
                            application.
                        (B) Application requirements.--Each non-public
                    school desiring services or assistance under this
                    subsection shall submit an application to the State
                    educational agency at such time, in such manner, and
                    accompanied by such information as the State
                    educational agency may reasonably require to ensure
                    expedited and timely provision of services or
                    assistance to the non-public school, which shall
                    include--
                                (i) the number and percentage of students
                            from low-income families enrolled by such non-
                            public school in the 2019-2020 school year;
                                (ii) a description of the emergency
                            services authorized under paragraph (4) that
                            such non-public school requests to be provided
                            by the State educational agency; and
                                (iii) whether the non-public school
                            requesting services or assistance under this
                            subsection received a loan guaranteed under
                            paragraph (36) of section 7(a) of the Small
                            Business Act (15 U.S.C. 636(a)) that was made
                            before the date of enactment of this Act and
                            the amount of any such loan received.
                        (C) Targeting.--A State educational agency
                    receiving funds under this subsection shall prioritize
                    services or assistance to non-public schools that
                    enroll low-income students and are most impacted by the
                    qualifying emergency.
                (4) Types of services or assistance.--A non-public school
            receiving services or assistance under this subsection shall
            use such services or assistance to address educational
            disruptions resulting from the qualifying emergency for--
                        (A) supplies to sanitize, disinfect, and clean
                    school facilities;
                        (B) personal protective equipment;
                        (C) improving ventilation systems, including
                    windows or portable air purification systems to ensure
                    healthy air in the non-public school;
                        (D) training and professional development for staff
                    on sanitation, the use of personal protective
                    equipment, and minimizing the spread of infectious
                    diseases;
                        (E) physical barriers to facilitate social
                    distancing;
                        (F) other materials, supplies, or equipment to
                    implement public health protocols, including guidelines
                    and recommendations from the Centers for Disease
                    Control and Prevention for the reopening and operation
                    of school facilities to effectively maintain the health
                    and safety of students, educators, and other staff
                    during the qualifying emergency;
                        (G) expanding capacity to administer coronavirus
                    testing to effectively monitor and suppress
                    coronavirus, to conduct surveillance and contact
                    tracing activities, and to support other activities
                    related to coronavirus testing for students, teachers,
                    and staff at the non-public school;
                        (H) educational technology (including hardware,
                    software, connectivity, assistive technology, and
                    adaptive equipment) to assist students, educators, and
                    other staff with remote or hybrid learning;
                        (I) redeveloping instructional plans, including
                    curriculum development, for remote learning, hybrid
                    learning, or to address learning loss;
                        (J) leasing of sites or spaces to ensure safe
                    social distancing to implement public health protocols,
                    including guidelines and recommendations from the
                    Centers for Disease Control and Prevention;
                        (K) reasonable transportation costs;
                        (L) initiating and maintaining education and
                    support services or assistance for remote learning,
                    hybrid learning, or to address learning loss; or
                        (M) reimbursement for the expenses of any services
                    or assistance described in this paragraph (except for
                    subparagraphs (C) (except that portable air
                    purification systems shall be an allowable reimbursable
                    expense), (D), (I), and (L)) that the non-public school
                    incurred on or after the date of the qualifying
                    emergency, except that any non-public school that has
                    received a loan guaranteed under paragraph (36) of
                    section 7(a) of the Small Business Act (15 U.S.C.
                    636(a)) as of the day prior to the date of enactment of
                    this Act shall not be eligible for reimbursements
                    described in this paragraph for any expenses reimbursed
                    through such loan.
                (5) Administration.--A State educational agency receiving
            funds under this subsection may reserve not more than the
            greater of $200,000 or one-half of 1 percent of such funds to
            administer the services and assistance provided under this
            subsection to non-public schools.
                (6) Reallocation.--Notwithstanding paragraph (1)(A), each
            State educational agency receiving funds under this subsection
            that complies with paragraph (2) but has unobligated funds
            remaining 6 months after receiving funds under this subsection
            shall return such remaining unobligated funds to the Governor,
            to use for any use authorized under subsection (c).
                (7) Public control of funds.--
                        (A) In general.--The control of funds for the
                    services or assistance provided to a non-public school
                    under this subsection, and title to materials,
                    equipment, and property purchased with such funds,
                    shall be in a public agency, and a public agency shall
                    administer such funds, services, assistance, materials,
                    equipment, and property.
                        (B) Provision of services or assistance.--
                                (i) Provider.--The provision of services or
                            assistance to a non-public school under this
                            subsection shall be provided--
                                        (I) by employees of a public
                                    agency; or
                                        (II) through contract by such
                                    public agency with an individual,
                                    association, agency, or organization.
                                (ii) Requirement.--In the provision of
                            services or assistance described in clause (i),
                            such employee, individual, association, agency,
                            or organization shall be independent of the
                            non-public school receiving such services or
                            assistance, and such employment and contracts
                            shall be under the control and supervision of
                            such public agency described in subparagraph
                            (A).
                (8) Secular, neutral, and non-ideological.--All services or
            assistance provided under this subsection, including providing
            equipment, materials, and any other items, shall be secular,
            neutral, and non-ideological.
                (9) Interaction with paycheck protection program.--(A) In
            general.--In order to be eligible to receive services or
            assistance under this subsection, a non-public school shall
            submit to the State an assurance, including any documentation
            required by the Secretary, that such non-public school did not,
            and will not, apply for and receive a loan under paragraphs
            (36) or (37) of section 7(a) of the Small Business Act (15
            U.S.C. 636(a)(37)) that is made on or after the date of
            enactment of this Act.
                        (B) Allowance.--A non-public school that received a
                    loan guaranteed under paragraph (36) of section 7(a) of
                    the Small Business Act (15 U.S.C. 636(a)) that was made
                    before the date of enactment of this Act shall be
                    eligible to receive services or assistance under this
                    subsection.
        (e) Restrictions.--
                (1) Funds provided under this section shall not be used--
                        (A) to provide direct or indirect financial
                    assistance to scholarship granting organizations or
                    related entities for elementary or secondary education;
                    or
                        (B) to provide or support vouchers, tuition tax
                    credit programs, education savings accounts,
                    scholarships, scholarship programs, or tuition-
                    assistance programs for elementary or secondary
                    education.
                (2) Exception.--Notwithstanding paragraph (1), a State may
            use funds provided under subsection (a)(1) to provide
            assistance prohibited under paragraph (1) only to students who
            receive or received such assistance with funds provided under
            section 18002(a) of division B of the CARES Act (20 U.S.C. 3401
            note), for the 2020-2021 school year and only for the same
            assistance provided such students under such section.
                (3) Rule of construction.--Nothing in this subsection shall
            be interpreted to apply any additional restrictions to funds
            provided in section 18002(a) of division B of the CARES Act (20
            U.S.C. 3401 note).
        (f) Reallocation.--Each Governor shall return to the Secretary any
    funds received under paragraph (1) or (2) of subsection (a) that the
    Governor does not award or obligate not later than 1 year after the
    date of receipt of such funds, and the Secretary shall reallocate such
    funds to the remaining States in accordance with subsection (b) for
    uses authorized under subsection (c).

             elementary and secondary school emergency relief fund

        Sec. 313. (a) Grants.--From funds reserved under section 311(b)(2)
    of this title, the Secretary shall make supplemental elementary and
    secondary school emergency relief grants to each State educational
    agency with an approved application under section 18003 of division B
    of the CARES Act (Public Law 116-136). The Secretary shall award funds
    under this section to each State educational agency with an approved
    application within 30 calendar days of the date of enactment of this
    Act.
        (b) Allocations to States.--The amount of each grant under
    subsection (a) shall be allocated by the Secretary to each State in the
    same proportion as each State received under part A of title I of the
    ESEA of 1965 in the most recent fiscal year.
        (c) Subgrants to Local Educational Agencies.--Each State shall
    allocate not less than 90 percent of the grant funds awarded to the
    State under this section as subgrants to local educational agencies
    (including charter schools that are local educational agencies) in the
    State in proportion to the amount of funds such local educational
    agencies and charter schools that are local educational agencies
    received under part A of title I of the ESEA of 1965 in the most recent
    fiscal year.
        (d) Uses of Funds.--A local educational agency that receives funds
    under this section may use the funds for any of the following:
                (1) Any activity authorized by the ESEA of 1965, including
            the Native Hawaiian Education Act and the Alaska Native
            Educational Equity, Support, and Assistance Act (20 U.S.C. 6301
            et seq.), the Individuals with Disabilities Education Act (20
            U.S.C. 1400 et seq.) (``IDEA''), the Adult Education and Family
            Literacy Act (20 U.S.C. 1400 et seq.), the Carl D. Perkins
            Career and Technical Education Act of 2006 (20 U.S.C. 2301 et
            seq.) (``the Perkins Act''), or subtitle B of title VII of the
            McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
            seq.).
                (2) Coordination of preparedness and response efforts of
            local educational agencies with State, local, Tribal, and
            territorial public health departments, and other relevant
            agencies, to improve coordinated responses among such entities
            to prevent, prepare for, and respond to coronavirus.
                (3) Providing principals and others school leaders with the
            resources necessary to address the needs of their individual
            schools.
                (4) Activities to address the unique needs of low-income
            children or students, children with disabilities, English
            learners, racial and ethnic minorities, students experiencing
            homelessness, and foster care youth, including how outreach and
            service delivery will meet the needs of each population.
                (5) Developing and implementing procedures and systems to
            improve the preparedness and response efforts of local
            educational agencies.
                (6) Training and professional development for staff of the
            local educational agency on sanitation and minimizing the
            spread of infectious diseases.
                (7) Purchasing supplies to sanitize and clean the
            facilities of a local educational agency, including buildings
            operated by such agency.
                (8) Planning for, coordinating, and implementing activities
            during long-term closures, including providing meals to
            eligible students, providing technology for online learning to
            all students, providing guidance for carrying out requirements
            under the IDEA and ensuring other educational services can
            continue to be provided consistent with all Federal, State, and
            local requirements.
                (9) Purchasing educational technology (including hardware,
            software, and connectivity) for students who are served by the
            local educational agency that aids in regular and substantive
            educational interaction between students and their classroom
            instructors, including low-income students and children with
            disabilities, which may include assistive technology or
            adaptive equipment.
                (10) Providing mental health services and supports.
                (11) Planning and implementing activities related to summer
            learning and supplemental afterschool programs, including
            providing classroom instruction or online learning during the
            summer months and addressing the needs of low-income students,
            children with disabilities, English learners, migrant students,
            students experiencing homelessness, and children in foster
            care.
                (12) Addressing learning loss among students, including
            low-income students, children with disabilities, English
            learners, racial and ethnic minorities, students experiencing
            homelessness, and children and youth in foster care, of the
            local educational agency, including by--
                        (A) Administering and using high-quality
                    assessments that are valid and reliable, to accurately
                    assess students' academic progress and assist educators
                    in meeting students' academic needs, including through
                    differentiating instruction.
                        (B) Implementing evidence-based activities to meet
                    the comprehensive needs of students.
                        (C) Providing information and assistance to parents
                    and families on how they can effectively support
                    students, including in a distance learning environment.
                        (D) Tracking student attendance and improving
                    student engagement in distance education.
                (13) School facility repairs and improvements to enable
            operation of schools to reduce risk of virus transmission and
            exposure to environmental health hazards, and to support
            student health needs.
                (14) Inspection, testing, maintenance, repair, replacement,
            and upgrade projects to improve the indoor air quality in
            school facilities, including mechanical and non-mechanical
            heating, ventilation, and air conditioning systems, filtering,
            purification and other air cleaning, fans, control systems, and
            window and door repair and replacement.
                (15) Other activities that are necessary to maintain the
            operation of and continuity of services in local educational
            agencies and continuing to employ existing staff of the local
            educational agency.
        (e) State Funding.--With funds not otherwise allocated under
    subsection (c), a State may reserve not more than one-half of 1 percent
    for administrative costs and the remainder for emergency needs as
    determined by the state educational agency to address issues responding
    to coronavirus, including measuring and addressing learning loss, which
    may be addressed through the use of grants or contracts.
        (f) Report.--A State receiving funds under this section shall
    submit a report to the Secretary, not later than 6 months after
    receiving funding provided in this Act, in such manner and with such
    subsequent frequency as the Secretary may require, that provides a
    detailed accounting of the use of funds provided under this section,
    including how the State is using funds to measure and address learning
    loss among students disproportionately affected by coronavirus and
    school closures, including low-income students, children with
    disabilities, English learners, racial and ethnic minorities, students
    experiencing homelessness, and children and youth in foster care.
        (g) Reallocation.--A State shall return to the Secretary any funds
    received under this section that the State does not award within 1 year
    of receiving such funds and the Secretary shall reallocate such funds
    to the remaining States in accordance with subsection (b).

                     higher education emergency relief fund

        Sec. 314. (a) In General.--From funds reserved under section
    311(b)(3) of this title the Secretary shall allocate amounts to
    institutions of higher education with an approved application as
    follows:
                (1) 89 percent to each institution of higher education as
            defined in section 101 or section 102(c) of the HEA to prevent,
            prepare for, and respond to coronavirus, by apportioning it--
                        (A) 37.5 percent according to the relative share of
                    full-time equivalent enrollment of students who were
                    Federal Pell Grant recipients and who were not
                    exclusively enrolled in distance education courses
                    prior to the qualifying emergency;
                        (B) 37.5 percent according to the relative share of
                    the total number of students who were Federal Pell
                    Grant recipients and who were not exclusively enrolled
                    in distance education courses prior to the qualifying
                    emergency;
                        (C) 11.5 percent according to the relative share of
                    full-time equivalent enrollment of students who were
                    not Federal Pell Grant recipients and who were not
                    exclusively enrolled in distance education courses
                    prior to the qualifying emergency;
                        (D) 11.5 percent according to the relative share of
                    the total number of students who were not Federal Pell
                    Grant recipients and who were not exclusively enrolled
                    in distance education courses prior to the qualifying
                    emergency;
                        (E) 1 percent according to the relative share of
                    full-time equivalent enrollment of students who were
                    Federal Pell grant recipients and who were exclusively
                    enrolled in distance education courses prior to the
                    qualifying emergency; and
                        (F) 1 percent according to the relative share of
                    the total number of students who were Federal Pell
                    grant recipients and who were exclusively enrolled in
                    distance education courses prior to the qualifying
                    emergency.
                (2) 7.5 percent for additional awards under parts A and B
            of title III, parts A and B of title V, and subpart 4 of part A
            of title VII of the HEA to address needs directly related to
            coronavirus, that shall be in addition to awards made in
            subsection (a)(1), and allocated by the Secretary
            proportionally to such programs based on the relative share of
            funding appropriated to such programs in the Further
            Consolidated Appropriations Act, 2020 (Public Law 116-94) and
            distributed to eligible institutions of higher education,
            except as otherwise provided in subparagraphs (A) through (C),
            on the basis of the formula described in subparagraphs (A)
            through (F) of subsection (a)(1):
                        (A) Except as otherwise provided in subparagraph
                    (2)(B), for eligible institutions under part B of title
                    III and subpart 4 of part A of title VII of the HEA,
                    the Secretary shall allot to each eligible institution
                    an amount using the following formula:
                                (i) 70 percent according to a ratio
                            equivalent to the number of Pell Grant
                            recipients in attendance at such institution at
                            the end of the school year preceding the
                            beginning of the most recent fiscal year and
                            the total number of Pell Grant recipients at
                            all such institutions;
                                (ii) 20 percent according to a ratio
                            equivalent to the total number of students
                            enrolled at such institution at the end of the
                            school year preceding the beginning of that
                            fiscal year and the number of students enrolled
                            at all such institutions; and
                                (iii) 10 percent according to a ratio
                            equivalent to the total endowment size at all
                            eligible institutions at the end of the school
                            year preceding the beginning of that fiscal
                            year and the total endowment size at such
                            institution;
                        (B) For eligible institutions under section 326 of
                    the HEA, the Secretary shall allot to each eligible
                    institution an amount in proportion to the award
                    received from funding for such institutions in the
                    Further Consolidated Appropriations Act, 2020 (Public
                    Law 116-94); and
                        (C) For eligible institutions under section 316 of
                    the HEA, the Secretary shall allot funding according to
                    the formula in section 316(d)(3) of the HEA.
                (3) 0.5 percent for part B of title VII of the HEA for
            institutions of higher education that the Secretary determines
            have, after allocating other funds available under this
            section, the greatest unmet needs related to coronavirus,
            including institutions of higher education with large
            populations of graduate students and institutions of higher
            education that did not otherwise receive an allocation under
            this section. In awarding funds under this paragraph, the
            Secretary shall publish an application for such funds no later
            than 60 calendar days of enactment of this Act, and shall
            provide a briefing to the Committees on Appropriations of the
            House of Representatives and the Senate no later than 7 days
            prior to publishing such application.
                (4) 3 percent to institutions of higher education as
            defined in section 102(b) of the HEA allocated on the basis of
            the formula described in subparagraphs (A) through (F) of
            subsection (a)(1).
        (b)(1) Distribution.--The funds made available to each institution
    under subsection (a)(1) shall be distributed by the Secretary using the
    same systems as the Secretary otherwise distributes funding to
    institutions under title IV of the HEA.
                (2) The Secretary shall allocate amounts to institutions of
            higher education under this section, to the extent practicable,
            as follows:
                        (A) under subsections (a)(1) and (a)(4) within 30
                    calendar days of the date of enactment of this Act;
                        (B) under subsection (a)(2) within 60 calendar days
                    of the date of enactment of this Act; and
                        (C) under subsection (a)(3) within 120 calendar
                    days of enactment of this Act.
        (c) Uses of Funds.--An institution of higher education receiving
    funds under this section may use the funds received to--
                (1) defray expenses associated with coronavirus (including
            lost revenue, reimbursement for expenses already incurred,
            technology costs associated with a transition to distance
            education, faculty and staff trainings, and payroll);
                (2) carry out student support activities authorized by the
            HEA that address needs related to coronavirus; or
                (3) provide financial aid grants to students (including
            students exclusively enrolled in distance education), which may
            be used for any component of the student's cost of attendance
            or for emergency costs that arise due to coronavirus, such as
            tuition, food, housing, health care (including mental health
            care), or child care. In making financial aid grants to
            students, an institution of higher education shall prioritize
            grants to students with exceptional need, such as students who
            receive Pell Grants.
        (d) Special Provisions.--
                (1) A Historically Black College and University or a
            Minority Serving Institution may use prior awards provided
            under titles III, V, and VII of the Higher Education Act to
            prevent, prepare for, and respond to coronavirus.
                (2) An institution of higher education awarded funds under
            section 18004 of division B of the CARES Act (Public Law 116-
            136) prior to the date of enactment of this Act may use those
            funds under the terms and conditions of section 314(c) of this
            title, subject to the requirements in paragraph (5). Amounts
            repurposed pursuant to this paragraph 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 251(b)(2)(A)(i) of the Balanced Budget and
            Emergency Deficit Control Act of 1985.
                (3) No funds received by an institution of higher education
            under this section shall be used to fund contractors for the
            provision of pre-enrollment recruitment activities; marketing
            or recruitment; endowments; capital outlays associated with
            facilities related to athletics, sectarian instruction, or
            religious worship; senior administrator or executive salaries,
            benefits, bonuses, contracts, incentives; stock buybacks,
            shareholder dividends, capital distributions, and stock
            options; or any other cash or other benefit for a senior
            administrator or executive.
                (4) Any funds that remain available for obligation as of
            the date of enactment of this Act to carry out section
            18004(a)(1) of the CARES Act (Public Law 116-136) or under the
            heading ``Safe Schools and Citizenship Education'' of such Act
            shall be used by the Secretary to carry out section 314(a)(1)
            of this title:  Provided, That amounts repurposed pursuant to
            this paragraph 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
            251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
            Control Act of 1985.
                (5) Institutions of higher education receiving allocations
            under section 314(a)(1) of this title shall provide at least
            the same amount of funding in emergency financial aid grants to
            students as was required to be provided under sections
            18004(a)(1) and (c) of division B of the CARES Act (Public Law
            116-136). An institution of higher education that repurposes
            funds pursuant to paragraph (2) shall ensure that not less than
            50 percent of the funds received under section 18004(a)(1) of
            division B of the CARES Act (Public Law 116-136) are used for
            financial aid grants to students under either section 18004(c)
            of division B of the CARES Act or section 314(c)(3) of this
            title, or a combination of those sections:  Provided, That
            amounts repurposed pursuant to this paragraph 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 251(b)(2)(A)(i) of
            the Balanced Budget and Emergency Deficit Control Act of 1985.
                (6)(A) An institution of higher education that was required
            to remit payment to the Internal Revenue Service for the excise
            tax based on investment income of private colleges and
            universities under section 4968 of the Internal Revenue Code of
            1986 for tax year 2019 shall have its allocation under this
            section reduced by 50 percent and may only use funds for
            activities described in paragraph (c)(3), or for sanitation,
            personal protective equipment, or other expenses associated
            with the general health and safety of the campus environment
            related to the qualifying emergency. This paragraph shall not
            apply to an institution of higher education designated by the
            Secretary as an eligible institution under section 448 of the
            HEA.
                        (B) Waiver authority.--The Secretary may waive the
                    requirements of subparagraph (A) if, upon application,
                    an institution of higher education demonstrates need
                    (including need for additional funding for financial
                    aid grants to students, payroll expenses, or other
                    expenditures) for the total amount of funds such
                    institution is allocated under section 314(a)(1) of
                    this title. The Secretary shall provide and make
                    publicly available a written justification for the
                    denial of any application for a waiver under this
                    subparagraph.
                (7) An institution of higher education as defined in
            section 102(b) of the HEA may only use funds received under
            this section for activities described in subsection (c)(3).
                (8) An institution of higher education with an approved
            application under section 18004(a) of division B of the CARES
            Act (Public Law 116-136) prior to the date of enactment of this
            Act shall not be required to submit a new or revised
            application to receive funds under this section provided such
            funds are subject to the terms and conditions of this section.
                (9) An institution of higher education receiving funds
            under subsections (a)(1)(E) or (F) may only use funds
            apportioned by such subparagraphs for activities described in
            subsection (c)(3).
        (e) Report.--An institution receiving funds under this section
    shall submit a report to the Secretary, not later than 6 months after
    receiving funding provided in this Act, in such manner and with such
    subsequent frequency as the Secretary may require, that provides a
    detailed accounting of the use of funds provided under this section.
        (f) Reallocation.--Any funds allocated to an institution of higher
    education under this section on the basis of a formula described in
    subsections (a)(1), (a)(2), and (a)(4) but for which an institution
    does not apply for funding within 90 days of the publication of the
    notice inviting applications, shall be reallocated to eligible
    institutions that had submitted an application by such date in
    accordance with the formula described in subsection (a)(1).

                         continued payment to employees

        Sec. 315.  A local educational agency, State, institution of higher
    education, or other entity that receives funds provided under the
    heading ``Education Stabilization Fund'', shall, to the greatest extent
    practicable, continue to pay its employees and contractors during the
    period of any disruptions or closures related to coronavirus.

                                  definitions

        Sec. 316.  Except as otherwise provided in sections 311 through 316
    of this title, as used in such sections--
                (1) the terms ``elementary education'' and ``secondary
            education'' have the meaning given such terms under State law;
                (2) the term ``institution of higher education'' has the
            meaning given such term in title I of the HEA;
                (3) the term ``Secretary'' means the Secretary of
            Education;
                (4) the term ``State'' means each of the 50 States, the
            District of Columbia, and the Commonwealth of Puerto Rico;
                (5) the term ``cost of attendance'' has the meaning given
            such term in section 472 of the HEA;
                (6) the term ``Non-public school'' means a non-public
            elementary and secondary school that--
                        (A) is accredited, licensed, or otherwise operates
                    in accordance with State law; and
                        (B) was in existence prior to the date of the
                    qualifying emergency for which grants are awarded under
                    this title;
                (7) the term ``public school'' means a public elementary or
            secondary school;
                (8) any other term used that is defined in section 8101 of
            the ESEA of 1965 shall have the meaning given the term in such
            section; and
                (9) the term ``qualifying emergency'' has the meaning given
            the term in section 3502(a)(4) of the Coronavirus Aid, Relief,
            and Economic Security Act (Public Law 116-136).

                             maintenance of effort

        Sec. 317. (a) At the time of award of funds to carry out sections
    312 or 313 of this title, a State shall provide assurances that such
    State will maintain support for elementary and secondary education, and
    for higher education (which shall include State funding to institutions
    of higher education and state need-based financial aid, and shall not
    include support for capital projects or for research and development or
    tuition and fees paid by students) in fiscal year 2022 at least at the
    proportional levels of such State's support for elementary and
    secondary education and for higher education relative to such State's
    overall spending, averaged over fiscal years 2017, 2018, and 2019.
        (b) The Secretary may waive the requirement in subsection (a) for
    the purpose of relieving fiscal burdens on States that have experienced
    a precipitous decline in financial resources.

                              Gallaudet University

         For an additional amount for ``Gallaudet University'',
    $11,000,000, to remain available through September 30, 2022, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, including to help defray the expenses directly caused
    by coronavirus and to enable grants to students for expenses directly
    related to coronavirus and the disruption of university operations:
    Provided, That such amount is designated by the Congress as being for
    an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                           Student Aid Administration

        For an additional amount for ``Student Aid Administration'',
    $30,000,000, to remain available through September 30, 2022, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                               Howard University

         For an additional amount for ``Howard University'', $20,000,000,
    to remain available through September 30, 2022, to prevent, prepare
    for, and respond to coronavirus, domestically or internationally,
    including to help defray the expenses directly caused by coronavirus
    and to enable grants to students for expenses directly related to
    coronavirus and the disruption of university operations:  Provided,
    That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                   National Technical Institute for the Deaf

         For an additional amount for ``National Technical Institute for
    the Deaf'', $11,000,000, to remain available through September 30,
    2022, to prevent, prepare for, and respond to coronavirus, domestically
    or internationally, including to help defray the expenses directly
    caused by coronavirus and to enable grants to students for expenses
    directly related to coronavirus and the disruption of university
    operations:  Provided, That such amount is designated by the Congress
    as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                        Institute of Education Sciences

         For an additional amount for ``Institute of Education Sciences'',
    $28,000,000, to remain available through September 30, 2022, to
    prevent, prepare for and respond to coronavirus, domestically or
    internationally, for carrying out the National Assessment of
    Educational Progress Authorization Act:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                            Departmental Management

                             program administration

         For an additional amount for ``Program Administration'',
    $15,000,000, to remain available through September 30, 2023, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                        office of the inspector general

         For an additional amount for ``Office of the Inspector General'',
    $5,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus, domestically or internationally,
    including for salaries and expenses necessary for oversight,
    investigations, and audits of programs, grants, and projects funded in
    this Act to respond to coronavirus:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                         GENERAL PROVISION--THIS TITLE

        Sec. 321.  Not later than 30 days after the date of enactment of
    this Act, the Secretaries of Health and Human Services and Education
    shall provide a detailed spend plan of anticipated uses of funds made
    available in this title, including estimated personnel and
    administrative costs, to the Committees on Appropriations of the House
    of Representatives and the Senate:  Provided, That such plans shall be
    updated and submitted to such Committees every 60 days until September
    30, 2024:  Provided further, That the spend plans shall be accompanied
    by a listing of each contract obligation incurred that exceeds
    $5,000,000 which has not previously been reported, including the amount
    of each such obligation.

                                    TITLE IV

                          DEPARTMENT OF TRANSPORTATION

                        Federal Aviation Administration

                           grants-in-aid for airports

                         (including transfer of funds)

        For an additional amount for ``Grants-in-Aid for Airports''
    $2,000,000,000, to prevent, prepare for, and respond to coronavirus:
    Provided, That amounts made available under this heading in this Act
    shall be derived from the general fund of the Treasury:  Provided
    further, That funds provided under this heading in this Act shall only
    be available to airports in categories defined in section 47102 of
    title 49, United States Code:  Provided further, That funds provided
    under this heading in this Act shall not otherwise be subject to the
    requirements of chapter 471 of such title:  Provided further, That
    notwithstanding the preceding proviso, except for project eligibility,
    the requirements of chapter 471 of such title shall apply to funds
    provided for any contract awarded (after the date of enactment of this
    Act) for airport development and funded under this heading:  Provided
    further, That funds provided under this heading in this Act may not be
    used for any purpose not directly related to the airport:  Provided
    further, That no additional funding shall be provided from funds made
    available under this heading to any airport that was allocated in
    excess of four years of operating funds under Public Law 116-136:
    Provided further, That the Federal share payable of the costs for which
    a grant is made under this heading in this Act shall be 100 percent:
    Provided further, That, notwithstanding any other provision of law, any
    funds appropriated under the heading ``Grants-In-Aid for Airports'' in
    Public Law 116-136 that are unallocated as of the date of enactment of
    this Act shall be added to and allocated under paragraph (1) of this
    heading in this Act:  Provided further, That any funds obligated under
    Public Law 116-136 that are recovered by or returned to the FAA shall
    be allocated under paragraph (1) of this heading in this Act:  Provided
    further, That of the amounts appropriated under this heading in this
    Act:
                (1) Not less than $1,750,000,000 shall be available for
            primary airports as defined in section 47102(16) of title 49,
            United States Code, and certain cargo airports for costs
            related to operations, personnel, cleaning, sanitization,
            janitorial services, combating the spread of pathogens at the
            airport, and debt service payments:  Provided, That such funds
            shall not be subject to the reduced apportionments of section
            47114(f) of title 49, United States Code:  Provided further,
            That such funds shall first be apportioned as set forth in
            sections 47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii),
            47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) of title 49,
            United States Code:  Provided further, That there shall be no
            maximum apportionment limit:  Provided further, That any
            remaining funds after such apportionment shall be distributed
            to all sponsors of primary airports (as defined in section
            47102(16) of title 49, United States Code) based on each such
            airport's passenger enplanements compared to total passenger
            enplanements of all airports defined in section 47102(16) of
            title 49, United States Code, for the most recent calendar year
            enplanements upon which the Secretary has apportioned funds
            pursuant to section 47114(c) of title 49, United States Code;
                (2) Not less than $45,000,000 shall be for general aviation
            and commercial service airports that are not primary airports
            as defined in paragraphs (7), (8), and (16) of section 47102 of
            title 49, United States Code, for costs related to operations,
            personnel, cleaning, sanitization, janitorial services,
            combating the spread of pathogens at the airport, and debt
            service payments:  Provided, That not less than $5,000,000 of
            such funds shall be available to sponsors of non-primary
            airports, divided equally, that participate in the FAA Contract
            Tower Program defined in section 47124 of title 49, United
            States Code, to cover lawful expenses to support FAA contract
            tower operations:  Provided further, That the Secretary shall
            apportion the remaining funds to each non-primary airport based
            on the categories published in the most current National Plan
            of Integrated Airport Systems, reflecting the percentage of the
            aggregate published eligible development costs for each such
            category, and then dividing the allocated funds evenly among
            the eligible airports in each category, rounding up to the
            nearest thousand dollars:  Provided further, That any remaining
            funds under this paragraph shall be distributed as described in
            paragraph (1) under this heading in this Act;
                (3) Not less than $200,000,000 shall be available to
            sponsors of primary airports to provide relief from rent and
            minimum annual guarantees to on-airport car rental, on-airport
            parking, and in-terminal airport concessions (as defined in
            part 23 of title 49, Code of Federal Regulations) located at
            primary airports:  Provided, That such funds shall be
            distributed to all sponsors of primary airports (as defined in
            section 47102(16) of title 49, United States Code) based on
            each such airport's passenger enplanements compared to total
            passenger enplanements of all airports defined in section
            47102(16) of title 49, United States Code, for calendar year
            2019:  Provided further, That as a condition of approving a
            grant under this paragraph, the Secretary shall require the
            sponsor to provide such relief from the date of enactment of
            this Act until the sponsor has provided relief equaling the
            total grant amount, to the extent practicable and to the extent
            permissible under state laws, local laws, and applicable trust
            indentures:  Provided further, That the sponsor shall provide
            relief from rent and minimum annual guarantee obligations to
            each eligible airport concession in an amount that reflects
            each eligible airport concession's proportional share of the
            total amount of the rent and minimum annual guarantees of all
            the eligible airport concessions at such airport:  Provided
            further, That, to the extent permissible under this paragraph,
            airport sponsors shall prioritize relief from rent and minimum
            annual guarantee to minority-owned businesses:  Provided
            further, That only airport concessions that have certified they
            have not received a second draw or assistance for a covered
            loan under section 7(a)(37) of the Small Business Act (15
            U.S.C. 636(a)(37)) that has been applied toward rent or minimum
            annual guarantee costs shall be eligible for relief under this
            paragraph and such concessions are hereby prohibited from
            applying for a covered loan under such section for rent or
            minimum annual guarantee costs:  Provided further, That
            sponsors of primary airports may retain up to 2 percent of the
            funds provided under this paragraph to administer the relief
            required under this paragraph; and
                (4) Up to $5,000,000 shall be available and transferred to
            ``Office of the Secretary, Salaries and Expenses'' to carry out
            the Small Community Air Service Development Program:  Provided,
            That in allocating funding made available in this or any
            previous Acts for such program for fiscal years 2019, 2020, and
            2021, the Secretary of Transportation shall give priority to
            communities or consortia of communities that have had air
            carrier service reduced or suspended as a result of the
            coronavirus pandemic:  Provided further, That the Secretary
            shall publish streamlined and expedited procedures for the
            solicitation of applications for assistance under this
            paragraph not later than 60 days after the date of enactment of
            this Act and shall make awards as soon as practicable:
      Provided further, That the Administrator of the Federal Aviation
    Administration may retain up to 0.1 percent of the funds provided under
    this heading in this Act to fund the award and oversight by the
    Administrator of grants made under this heading in this Act:  Provided
    further, That obligations of funds under this heading in this Act shall
    not be subject to any limitations on obligations provided in any Act
    making annual appropriations:  Provided further, That all airports
    receiving funds under this heading in this Act shall continue to
    employ, through February 15, 2021, at least 90 percent of the number of
    individuals employed (after making adjustments for retirements or
    voluntary employee separations) by the airport as of March 27, 2020:
    Provided further, That the Secretary may waive the workforce retention
    requirement in the preceding proviso, if the Secretary determines the
    airport is experiencing economic hardship as a direct result of the
    requirement, or the requirement reduces aviation safety or security:
    Provided further, That the workforce retention requirement shall not
    apply to nonhub airports or nonprimary airports receiving funds under
    this heading in this Act:  Provided further, That the amounts
    repurposed under this heading in this Act 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 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985:  Provided further, That such amount is designated
    by the Congress as being for an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                         Federal Highway Administration

                        highway infrastructure programs

        For an additional amount for ``Highway Infrastructure Programs'',
    $10,000,000,000, to remain available until September 30, 2024, to
    prevent, prepare for, and respond to coronavirus:  Provided, That the
    funds made available under this heading in this Act shall be derived
    from the general fund of the Treasury, shall be in addition to any
    funds provided for fiscal year 2021 in this or any other Act for
    ``Federal-aid Highways'' under chapters 1 or 2 of title 23, United
    States Code, and shall not affect the distribution or amount of funds
    provided in the Transportation, Housing and Urban Development, and
    Related Agencies Appropriations Act, 2021, or any other Act:  Provided
    further, That section 1101(b) of Public Law 114-94 shall apply to funds
    made available under this heading in this Act:  Provided further, That
    notwithstanding chapter 1 or chapter 2 of title 23, United States Code,
    or any other provision of law, in addition to other eligible uses
    described under this heading in this Act, a State, territory, Puerto
    Rico, or Indian Tribe may use funds made available under this heading
    in this Act for costs related to preventive maintenance, routine
    maintenance, operations, personnel, including salaries of employees
    (including those employees who have been placed on administrative
    leave) or contractors, debt service payments, availability payments,
    and coverage for other revenue losses:  Provided further, That a State,
    territory, Puerto Rico, or Indian Tribe may transfer funds made
    available under this heading in this Act to State, multi-state,
    international, or local public tolling agencies that own or operate a
    tolled facility that is a public road, bridge, or tunnel, or a ferry
    system that provides a public transportation benefit, and that was in
    operation within their State in fiscal year 2020:  Provided further,
    That funds transferred pursuant to the preceding proviso may be used
    for costs related to operations, personnel, including salaries of
    employees (including those employees who have been placed on
    administrative leave) or contractors, debt service payments,
    availability payments, and coverage for other revenue losses of a
    tolled facility or ferry system, and that, notwithstanding the previous
    receipt of Federal funds for such tolled facility or ferry system, for
    funds made available under this heading in this Act, the limitations on
    the use of revenues in subsections (a)(3) and (c)(4) of section 129 of
    title 23, United States Code, shall not apply with respect to the
    tolled facilities or ferry systems for which funding is transferred
    pursuant to the preceding proviso:  Provided further, That of the funds
    made available under this heading in this Act, $9,840,057,332 shall be
    available for activities eligible under section 133(b) of title 23,
    United States Code, $114,568,862 shall be available for activities
    eligible under the Tribal Transportation Program, as described in
    section 202 of such title, $35,845,307 shall be available for
    activities eligible under the Puerto Rico Highway Program, as described
    in section 165(b)(2)(C)(iii) of such title; and $9,528,499 shall be
    available for activities eligible under the Territorial Highway
    Program, as described in section 165(c)(6) of such title:  Provided
    further, That for the purposes of funds made available under this
    heading in this Act the term ``State'' means any of the 50 States or
    the District of Columbia:  Provided further, That, except as otherwise
    provided under this heading in this Act, the funds made available under
    this heading in this Act shall be administered as if apportioned under
    chapter 1 of title 23, United States Code, except that the funds made
    available under this heading in this Act for activities eligible under
    the Tribal Transportation Program shall be administered as if allocated
    under chapter 2 of title 23, United States Code:  Provided further,
    That the funds made available under this heading in this Act for
    activities eligible under section 133(b) of title 23, United States
    Code, shall be apportioned to the States in the same ratio as the
    obligation limitation for fiscal year 2021 is distributed among the
    States in accordance with the formula specified in section 120(a)(5) of
    the Transportation, Housing and Urban Development, and Related Agencies
    Appropriations Act, 2021 and shall be apportioned not later than 30
    days after the date of enactment of this Act:  Provided further, That
    funds apportioned to a State under this heading in this Act shall be
    suballocated within the State to each area described in subsection
    133(d)(1)(A)(i) of title 23, United States Code, in the same ratio that
    funds suballocated to that area for fiscal year 2021 bears to the
    combined amount of funds apportioned to the State under section
    104(b)(2) of such title for fiscal years 2020 and 2021:  Provided
    further, That of funds made available under this heading in this Act
    for activities eligible under section 133(b) of title 23, United States
    Code, any such activity shall be subject to the requirements of section
    133(i) of title 23, United States Code:  Provided further, That, except
    as provided in the following proviso, the funds made available under
    this heading in this Act for activities eligible under the Puerto Rico
    Highway Program and activities eligible under the Territorial Highway
    Program shall be administered as if allocated under sections 165(b) and
    165(c), respectively, of title 23, United States Code:  Provided
    further, That the funds made available under this heading in this Act
    for activities eligible under the Puerto Rico Highway Program shall not
    be subject to the requirements of sections 165(b)(2)(A) or 165(b)(2)(B)
    of title 23, United States Code:  Provided further, That for amounts
    made available under this heading in this Act, the Federal share of the
    costs shall be, at the option of the State, territory, Puerto Rico, or
    Indian Tribe, up to 100 percent:  Provided further, That funds made
    available for preventive maintenance, routine maintenance, operations,
    personnel, including salaries of employees (including those employees
    who have been placed on administrative leave) or contractors, debt
    service payments, availability payments, and coverage for other revenue
    losses under this heading in this Act are not required to be included
    in a metropolitan transportation plan, a long-range statewide
    transportation plan, a transportation improvement program or a
    statewide transportation improvement program under sections 134 or 135
    of title 23, United States Code, or chapter 53 of title 49, United
    States Code, as applicable:  Provided further, That unless otherwise
    specified, applicable requirements under title 23, United States Code,
    shall apply to funds made available under this heading in this Act:
    Provided further, That, subject to the following proviso, the funds
    made available under this heading in this Act for activities eligible
    under the Tribal Transportation Program, as described in section 202 of
    title 23, United States Code, may not be set-aside for administrative
    expenses as described in section 202(a)(6) of such title:  Provided
    further, That the Administrator of the Federal Highway Administration
    may retain up to $10,000,000 of the total funds made available under
    this heading in this Act, to fund the oversight by the Administrator of
    activities carried out with funds made available under this heading in
    this Act:  Provided further, That the set-asides described in
    subparagraph (C) of section 202(b)(3) of title 23, United States Code,
    and subsections (a)(6), (c), (d), and (e) of section 202 of such title
    shall not apply to funds made available under this heading in this Act
    for activities eligible under the Tribal Transportation Program:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Federal Railroad Administration

         northeast corridor grants to the national railroad passenger
                                  corporation

                         (including transfer of funds)

        For an additional amount for ``Northeast Corridor Grants to the
    National Railroad Passenger Corporation'', $655,431,000, to remain
    available until expended, to prevent, prepare for, and respond to
    coronavirus, including to enable the Secretary of Transportation to
    make or amend existing grants to the National Railroad Passenger
    Corporation for activities associated with the Northeast Corridor, as
    authorized by section 11101(a) of the Fixing America's Surface
    Transportation Act (division A of Public Law 114-94):  Provided, That
    not less than $109,805,000 of the amounts made available under this
    heading in this Act and the ``National Network Grants to the National
    Railroad Passenger Corporation'' heading in this Act shall be made
    available for use by the National Railroad Passenger Corporation in
    lieu of capital payments from States and commuter rail passenger
    transportation providers subject to the cost allocation policy
    developed pursuant to section 24905(c) of title 49, United States Code:
     Provided further, That, notwithstanding sections 24319(g) and
    24905(c)(1)(A)(i) of title 49, United States Code, such use of funds
    does not constitute cross-subsidization of commuter rail passenger
    transportation:  Provided further, That the Secretary may retain up to
    $2,030,000 of the amounts made available 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
    11101(c) of the Fixing America's Surface Transportation Act (division A
    of Public Law 114-94):  Provided further, That amounts made available
    under this heading in this Act may be transferred to and merged with
    amounts made available under the heading ``National Network Grants to
    the National Railroad Passenger Corporation'' in this Act to prevent,
    prepare for, and respond to coronavirus:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

     national network grants to the national railroad passenger corporation

                         (including transfer of funds)

        For an additional amount for ``National Network Grants to the
    National Railroad Passenger Corporation'', $344,569,000, to remain
    available until expended, to prevent, prepare for, and respond to
    coronavirus, including to enable the Secretary of Transportation to
    make or amend existing grants to the National Railroad Passenger
    Corporation for activities associated with the National Network as
    authorized by section 11101(b) of the Fixing America's Surface
    Transportation Act (division A of Public Law 114-94):  Provided, That
    $174,850,000 of the amounts made available under this heading in this
    Act shall be made available for use by the National Railroad Passenger
    Corporation to be apportioned toward State payments required by the
    cost methodology policy adopted pursuant to section 209 of the
    Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-
    432):  Provided further, That a State-supported route's share of such
    funding under the preceding proviso shall consist of (1) 7 percent of
    the costs allocated to the route in fiscal year 2019 under the cost
    methodology policy adopted pursuant to section 209 of the Passenger
    Rail Investment and Improvement Act of 2008 (Public Law 110-432), and
    (2) any remaining amounts under the preceding proviso shall be
    apportioned to a route in proportion to its passenger revenue and other
    revenue allocated to a State-supported route in fiscal year 2019
    divided by the total passenger revenue and other revenue allocated to
    all State-supported routes in fiscal year 2019:  Provided further, That
    State-supported routes which terminated service on or before February
    1, 2020, shall not be included in the cost and revenue calculations
    made pursuant to the preceding proviso:  Provided further, That amounts
    made available under this heading in this Act may be transferred to and
    merged with amounts made available under the heading ``Northeast
    Corridor Grants to the National Railroad Passenger Corporation'' in
    this Act to prevent, prepare for, and respond to coronavirus:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                         Federal Transit Administration

                         transit infrastructure grants

        For an additional amount for ``Transit Infrastructure Grants'',
    $14,000,000,000, to remain available until expended, to prevent,
    prepare for, and respond to coronavirus:  Provided, That of the amounts
    appropriated under this heading in this Act--
                (1) $13,271,310,572 shall be for grants to recipients
            eligible under chapter 53 of title 49, United States Code, and
            administered as if such funds were provided under section 5307
            of title 49, United States Code (apportioned in accordance with
            section 5336 of such title (other than subsections (h)(1) and
            (h)(4))), and section 5337 of title 49, United States Code
            (apportioned in accordance with such section), except that
            funds apportioned under section 5337 shall be added to funds
            apportioned under 5307 for administration under 5307:
            Provided, That the Secretary of Transportation (referred to
            under this heading in this Act as the ``Secretary'') shall
            allocate the amounts provided in the preceding proviso under
            sections 5307 and 5337 of title 49, United States Code, in the
            same ratio as funds were provided under the Further
            Consolidated Appropriations Act, 2020 (Public Law 116-94; 133
            Stat. 2534) and shall allocate such amounts not later than 30
            days after the date of enactment of this Act:  Provided
            further, That the amounts allocated to any urbanized area from
            amounts made available under this paragraph in this Act when
            combined with the amounts allocated to that urbanized area from
            funds appropriated under this heading in title XII of division
            B of the CARES Act (Public Law 116-136; 134 Stat. 599)) may not
            exceed 75 percent of that urbanized area's 2018 operating costs
            based on data contained in the National Transit Database:
            Provided further, That for any urbanized area for which the
            calculation in the preceding proviso exceeds 75 percent of the
            urbanized area's 2018 operating costs, the Secretary shall
            distribute funds in excess of such percent to urbanized areas
            for which the calculation in the preceding proviso does not
            exceed 75 percent, in the same proportion as amounts allocated
            under the first proviso of this paragraph in this Act:
            Provided further, That no recipient in an urbanized area may
            receive more than $4,000,000,000 from the amounts allocated
            under this paragraph in this Act in combination with the
            amounts provided under this heading in title XII of division B
            of the CARES Act (Public Law 116-136; 134 Stat. 599) until 75
            percent of the funds provided to the recipient under this
            heading in such title XII are obligated and only after the
            recipient certifies to the Secretary that the use of such funds
            in excess of such amount is necessary to prevent layoffs or
            furloughs directly related to demonstrated revenue losses
            directly attributable to COVID-19;
                (2) $50,034,973 shall be for grants to recipients or
            subrecipients eligible under section 5310 of title 49, United
            States Code, and the Secretary shall apportion such funds in
            accordance with such section:  Provided, That the Secretary
            shall allocate such funds in the same ratio as funds were
            provided under the Further Consolidated Appropriations Act,
            2020 (Public Law 116-94; 133 Stat. 2534) and shall allocate
            such funds not later than 30 days after the date of enactment
            of this Act; and
                (3) $678,654,455 shall be for grants to recipients or
            subrecipients eligible under section 5311 of title 49, United
            States Code (other than subsections (b)(3), (c)(1)(A), and
            (f)), and the Secretary shall apportion such funds in
            accordance with such section:  Provided, That the Secretary
            shall allocate such funds in the same ratio as funds were
            provided under the Further Consolidated Appropriations Act,
            2020 (Public Law 116-94; 133 Stat. 2534) and shall allocate
            funds within 30 days of enactment of this Act:  Provided
            further, That the amounts allocated to any State (as defined in
            section 5302 of title 49, United States Code) for rural
            operating costs from amounts made available under this heading
            in this Act when combined with the amounts allocated to each
            such State for rural operating costs from funds appropriated
            under this heading in title XII of division B of the CARES Act
            (Public Law 116-136; 134 Stat. 599) may not exceed 125 percent
            of that State's combined 2018 rural operating costs of the
            recipients and subrecipients in the State based on data
            contained in the National Transit Database:  Provided further,
            That for any State for which the calculation in the preceding
            proviso exceeds 125 percent of the State's combined 2018 rural
            operating costs of the recipients and subrecipients in the
            State, the Secretary shall distribute funds in excess of such
            percent to States for which the calculation in the preceding
            proviso does not exceed 125 percent in the same proportion as
            amounts allocated under the first proviso of this paragraph in
            this Act:
      Provided further, That the Secretary shall not waive the requirements
    of section 5333 of title 49, United States Code, for funds appropriated
    under this heading in this Act or for funds previously made available
    under section 5307 of title 49, United States Code, or section 5311,
    5337, or 5340 of such title as a result of COVID-19:  Provided further,
    That the provision of funds under this heading in this Act shall not
    affect the ability of any other agency of the Government, including the
    Federal Emergency Management Agency, a State agency, or a local
    governmental entity, organization, or person, to provide any other
    funds otherwise authorized by law:  Provided further, That
    notwithstanding subsection (a)(1) or (b) of section 5307 of title 49,
    United States Code, section 5310(b)(2)(A) of that title, or any
    provision of chapter 53 of that title, funds provided under this
    heading in this Act are available for the operating expenses of transit
    agencies related to the response to a COVID-19 public health emergency,
    including, beginning on January 20, 2020, reimbursement for operating
    costs to maintain service and lost revenue due to the COVID-19 public
    health emergency, including the purchase of personal protective
    equipment, and paying the administrative leave of operations or
    contractor personnel due to reductions in service:  Provided further,
    That to the maximum extent possible, funds made available under this
    heading in this Act and in title XII of division B of the CARES Act
    (Public Law 116-136; 134 Stat. 599) shall be directed to payroll and
    operations of public transit (including payroll and expenses of private
    providers of public transportation), unless the recipient certifies to
    the Secretary that the recipient has not furloughed any employees:
    Provided further, That such operating expenses are not required to be
    included in a transportation improvement program, long-range
    transportation plan, statewide transportation plan, or a statewide
    transportation improvement program:  Provided further, That private
    providers of public transportation shall be considered eligible
    subrecipients of funding provided under this heading in this Act and in
    title XII of division B of the CARES Act (Public Law 116-136; 134 Stat.
    599):  Provided further, That unless otherwise specified, applicable
    requirements under chapter 53 of title 49, United States Code, shall
    apply to funding made available under this heading in this Act, except
    that the Federal share of the costs for which any grant is made under
    this heading in this Act shall be, at the option of the recipient, up
    to 100 percent:  Provided further, That the amount made available under
    this heading in this Act shall be derived from the general fund of the
    Treasury and shall not be subject to any limitation on obligations for
    transit programs set forth in any Act:  Provided further, That the
    Federal share of costs for any unobligated grant funds under section
    5310 of title 49, United States Code, as of the date of enactment of
    this Act shall be, at the option of the recipient, up to 100 percent:
    Provided further, That of the amounts made available under this heading
    in this Act, up to $10,000,000 may be retained by the Administrator of
    the Federal Transit Administration to fund ongoing program management
    and oversight activities described in sections 5334 and 5338(f)(2) of
    title 49, United States Code, and shall be in addition to any other
    appropriations for such purpose:  Provided further, That the amounts
    repurposed under this heading in this Act 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 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985:  Provided further, That such amount is designated
    by the Congress as being for an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                         GENERAL PROVISION--THIS TITLE

        Sec. 401.  Amounts made available in this Act under the headings
    ``Northeast Corridor Grants to the National Railroad Passenger
    Corporation'' and ``National Network Grants to the National Railroad
    Passenger Corporation'' shall be used under the same conditions as
    section 22002 of title XII of division B of the Coronavirus Aid,
    Relief, and Economic Security Act (Public Law 116-136), except as
    otherwise noted in this Act:  Provided, That the amounts made available
    in this Act under such headings shall be used by the National Railroad
    Passenger Corporation, to: (1) prevent further employee furloughs that
    are a result of efforts to prevent, prepare for, and respond to
    coronavirus; and (2) prevent further reductions to the frequency of
    rail service on any long-distance route (as defined in section 24102 of
    title 49, United States Code) except in an emergency or during
    maintenance or construction outages impacting such routes:  Provided
    further, That the coronavirus shall not qualify as an emergency in the
    preceding proviso:  Provided further, That in the event of any National
    Railroad Passenger Corporation employee furloughs as a result of
    efforts to prevent, prepare for, and respond to coronavirus, the
    National Railroad Passenger Corporation shall provide such employees
    the opportunity to be recalled to work in accordance with their
    seniority and classification of work, regardless of their time in the
    National Railroad Passenger Corporation's service, as intercity
    passenger rail service is restored:  Provided further, That the
    National Railroad Passenger Corporation shall be prohibited from
    contracting out any scope-covered work conducted by an employee who was
    furloughed through reductions in the workforce as a result of efforts
    to prevent, prepare for, and respond to coronavirus, unless such
    contracting was in place prior to March 1, 2020 or is done by agreement
    with the Labor Organization representing such employee.

                                    TITLE V

                          GENERAL PROVISIONS--THIS ACT

        Sec. 501.  Each amount appropriated or made available by this Act
    is in addition to amounts otherwise appropriated for the fiscal year
    involved.
        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.  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 2021.
        Sec. 504.  Any amount appropriated by this Act, 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 and subsequently so designated by the President, and
    transferred pursuant to transfer authorities provided by this Act shall
    retain such designation.
        Sec. 505.  Solely for the purpose of calculating a breach within a
    category for fiscal year 2021 pursuant to section 251(a) or section 254
    of the Balanced Budget and Emergency Deficit Control Act of 1985, and
    notwithstanding any other provision of this division, the budgetary
    effects from this division shall be counted as amounts designated as
    being for an emergency requirement pursuant to section 251(b)(2)(A) of
    such Act.
        This division may be cited as the ``Coronavirus Response and Relief
    Supplemental Appropriations Act, 2021''.

             DIVISION N--ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF

                              TITLE I--HEALTHCARE

    SEC. 101. SUPPORTING PHYSICIANS AND OTHER PROFESSIONALS IN ADJUSTING TO
                  MEDICARE PAYMENT CHANGES DURING 2021.

        (a) In General.--Section 1848 of the Social Security Act (42 U.S.C.
    1395w-4) is amended by adding at the end the following new subsection:
        ``(t) Supporting Physicians and Other Professionals in Adjusting to
    Medicare Payment Changes During 2021.--
                ``(1) In general.--In order to support physicians and other
            professionals in adjusting to changes in payment for
            physicians' services during 2021, the Secretary shall increase
            fee schedules under subsection (b) that establish payment
            amounts for such services furnished on or after January 1,
            2021, and before January 1, 2022, by 3.75 percent.
                ``(2) Implementation.--
                        ``(A) Administration.--Notwithstanding any other
                    provision of law, the Secretary may implement this
                    subsection by program instruction or otherwise.
                        ``(B) Limitation.--There shall be no administrative
                    or judicial review under section 1869, 1878 or
                    otherwise of the fee schedules that establish payment
                    amounts calculated pursuant to this subsection.
                        ``(C) Application only for 2021.--The increase in
                    fee schedules that establish payment amounts under this
                    subsection shall not be taken into account in
                    determining such fee schedules that establish payment
                    amounts for services furnished in years after 2021.
                ``(3) Funding.--For purposes of increasing the fee
            schedules that establish payment amounts pursuant to this
            subsection--
                        ``(A) there shall be transferred from the General
                    Fund of the Treasury to the Federal Supplementary
                    Medical Insurance Trust Fund under section 1841,
                    $3,000,000,000, to remain available until expended; and
                        ``(B) in the event the Secretary determines
                    additional amounts are necessary, such amounts shall be
                    available from the Federal Supplementary Medical
                    Insurance Trust Fund.''.
        (b) Exemption of Additional Expenditures From Physician Fee
    Schedule Budget-neutrality.--Such section 1848 is amended, in
    subsection (c)(2)(B)(iv)--
                (1) in subclause (III), by striking ``and'' at the end;
                (2) in subclause (IV), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following new subclause:
                                        ``(V) subsection (t) shall not be
                                    taken into account in applying clause
                                    (ii)(II) for 2021.''.
        (c) Report.--Not later than April 1, 2022, the Secretary of Health
    and Human Services shall submit a report to the Committee on Finance of
    the Senate and the Committee on Ways and Means and the Committee on
    Energy and Commerce of the House of Representatives on the increase in
    fee schedules that establish payment amounts for physicians' services
    under section 1848(t) of the Social Security Act, as added by
    subsection (a). Such report shall include the aggregate amount of the
    increase in payment amounts under such section, including information
    regarding any payments made in excess of the amount of funding provided
    under paragraph (3)(A) of such section.

    SEC. 102. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION.

        (a) In General.--Section 3709(a) of division A of the CARES Act (2
    U.S.C. 901a note) is amended by striking ``December 31, 2020'' and
    inserting ``March 31, 2021''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect as if enacted as part of the CARES Act (Public Law 116-
    136).

         TITLE II--ASSISTANCE TO INDIVIDUALS, FAMILIES, AND BUSINESSES

                       Subtitle A--Unemployment Insurance

             CHAPTER 1--CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS

    SEC. 200. SHORT TITLE.

        This chapter may be cited as the ``Continued Assistance for
    Unemployed Workers Act of 2020''.

          Subchapter I--Extension of CARES Act Unemployment Provisions

    SEC. 201. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC UNEMPLOYMENT
                  ASSISTANCE.

        (a) In General.--Section 2102(c) of the CARES Act (15 U.S.C.
    9021(c)) is amended--
                (1) in paragraph (1)--
                        (A) by striking ``paragraph (2)'' and inserting
                    ``paragraphs (2) and (3)''; and
                        (B) in subparagraph (A)(ii), by striking ``December
                    31, 2020'' and inserting ``March 14, 2021''; and
                (2) by redesignating paragraph (3) as paragraph (4); and
                (3) by inserting after paragraph (2) the following:
                ``(3) Transition rule for individuals remaining entitled to
            pandemic unemployment assistance as of march 14, 2021.--
                        ``(A) In general.--Subject to subparagraph (B), in
                    the case of any individual who, as of the date
                    specified in paragraph (1)(A)(ii), is receiving
                    pandemic unemployment assistance but has not yet
                    exhausted all rights to such assistance under this
                    section, pandemic unemployment assistance shall
                    continue to be payable to such individual for any week
                    beginning on or after such date for which the
                    individual is otherwise eligible for pandemic
                    unemployment assistance.
                        ``(B) Termination.--Notwithstanding any other
                    provision of this subsection, no pandemic unemployment
                    assistance shall be payable for any week beginning
                    after April 5, 2021.''.
        (b) Increase in Number of Weeks.--Section 2102(c)(2) of the CARES
    Act (15 U.S.C. 9021(c)(2)) is amended--
                (1) by striking ``39 weeks'' and inserting ``50 weeks'';
            and
                (2) by striking ``39-week period'' and inserting ``50-week
            period''.
        (c) Appeals.--
                (1) In general.--Section 2102(c) of the CARES Act (15
            U.S.C. 9021(c)), as amended by subsections (a) and (b), is
            amended by adding at the end the following:
                ``(5) Appeals by an individual.--
                        ``(A) In general.--An individual may appeal any
                    determination or redetermination regarding the rights
                    to pandemic unemployment assistance under this section
                    made by the State agency of any of the States.
                        ``(B) Procedure.--All levels of appeal filed under
                    this paragraph in the 50 states, the District of
                    Columbia, the Commonwealth of Puerto Rico, and the
                    Virgin Islands--
                                ``(i) shall be carried out by the
                            applicable State that made the determination or
                            redetermination; and
                                ``(ii) shall be conducted in the same
                            manner and to the same extent as the applicable
                            State would conduct appeals of determinations
                            or redeterminations regarding rights to regular
                            compensation under State law.
                        ``(C) Procedure for certain territories.--With
                    respect to any appeal filed in Guam, American Samoa,
                    the Commonwealth of the Northern Mariana Islands, the
                    Federated States of Micronesia, Republic of the
                    Marshall Islands, and the Republic of Palau--
                                ``(i) lower level appeals shall be carried
                            out by the applicable entity within the State;
                                ``(ii) if a higher level appeal is allowed
                            by the State, the higher level appeal shall be
                            carried out by the applicability entity within
                            the State; and
                                ``(iii) appeals described in clauses (i)
                            and (ii) shall be conducted in the same manner
                            and to the same extent as appeals of regular
                            unemployment compensation are conducted under
                            the unemployment compensation law of Hawaii.''.
                (2) Effective date.--The amendment made by paragraph (1)
            shall take effect as if enacted as part of division A of the
            CARES Act (Public Law 116-136), except that any decision issued
            on appeal or review before the date of enactment of this Act
            shall not be affected by the amendment made by paragraph (1).
        (d) Waiver Authority for Certain Overpayments of Pandemic
    Unemployment Assistance.--Section 2102(d) of the CARES Act (15 U.S.C.
    9021(d)) is amended by adding at the end the following:
                ``(4) Waiver authority.--In the case of individuals who
            have received amounts of pandemic unemployment assistance to
            which they were not entitled, the State shall require such
            individuals to repay the amounts of such pandemic unemployment
            assistance to the State agency, except that the State agency
            may waive such repayment if it determines that--
                        ``(A) the payment of such pandemic unemployment
                    assistance was without fault on the part of any such
                    individual; and
                        ``(B) such repayment would be contrary to equity
                    and good conscience.''.
        (e) Hold Harmless for Proper Administration.--In the case of an
    individual who is eligible to receive pandemic unemployment assistance
    under section 2102 the CARES Act (15 U.S.C. 9021) as of the day before
    the date of enactment of this Act and on the date of enactment of this
    Act becomes eligible for pandemic emergency unemployment compensation
    under section 2107 of the CARES Act (15 U.S.C. 9025) by reason of the
    amendments made by section 206(b) of this subtitle, any payment of
    pandemic unemployment assistance under such section 2102 made after the
    date of enactment of this Act to such individual during an appropriate
    period of time, as determined by the Secretary of Labor, that should
    have been made under such section 2107 shall not be considered to be an
    overpayment of assistance under such section 2102, except that an
    individual may not receive payment for assistance under section 2102
    and a payment for assistance under section 2107 for the same week of
    unemployment.
        (f) Limitation.--In the case of a covered individual whose first
    application for pandemic unemployment assistance under section 2102 of
    the CARES Act (15 U.S.C. 9021) is filed after the date of enactment of
    this Act, subsection (c)(1)(A)(i) of such section 2102 shall be applied
    by substituting ``December 1, 2020'' for ``January 27, 2020''.
        (g) Effective Date.--The amendments made by subsections (a), (b),
    (c), and (d) shall apply as if included in the enactment of the CARES
    Act (Public Law 116-136), except that no amount shall be payable by
    virtue of such amendments with respect to any week of unemployment
    commencing before the date of the enactment of this Act.

    SEC. 202. EXTENSION OF EMERGENCY UNEMPLOYMENT RELIEF FOR GOVERNMENTAL
                  ENTITIES AND NONPROFIT ORGANIZATIONS.

        Section 903(i)(1)(D) of the Social Security Act (42 U.S.C.
    1103(i)(1)(D)) is amended by striking ``December 31, 2020'' and
    inserting ``March 14, 2021''.

    SEC. 203. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.

        (a) In General.--Section 2104(e) of the CARES Act (15 U.S.C.
    9023(e)) is amended to read as follows:
        ``(e) Applicability.--An agreement entered into under this section
    shall apply--
                ``(1) to weeks of unemployment beginning after the date on
            which such agreement is entered into and ending on or before
            July 31, 2020; and
                ``(2) to weeks of unemployment beginning after December 26,
            2020 (or, if later, the date on which such agreement is entered
            into), and ending on or before March 14, 2021.''.
        (b) Amount.--
                (1) In general.--Section 2104(b) of the CARES Act (15
            U.S.C. 9023(b)) is amended--
                        (A) in paragraph (1)(B), by striking ``of $600''
                    and inserting ``equal to the amount specified in
                    paragraph (3)''; and
                        (B) by adding at the end the following new
                    paragraph:
                ``(3) Amount of federal pandemic unemployment
            compensation.--
                        ``(A) In general.--The amount specified in this
                    paragraph is the following amount:
                                ``(i) For weeks of unemployment beginning
                            after the date on which an agreement is entered
                            into under this section and ending on or before
                            July 31, 2020, $600.
                                ``(ii) For weeks of unemployment beginning
                            after December 26, 2020 (or, if later, the date
                            on which such agreement is entered into), and
                            ending on or before March 14, 2021, $300.''.
                (2) Technical amendment regarding application to short-time
            compensation programs and agreements.--Section 2104(i)(2) of
            the CARES Act (15 U.S.C. 9023(i)(2)) is amended--
                        (A) in subparagraph (C), by striking ``and'' at the
                    end;
                        (B) in subparagraph (D), by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(E) short-time compensation under a short-time
                    compensation program (as defined in section 3306(v) of
                    the Internal Revenue Code of 1986).''.

    SEC. 204. EXTENSION OF FEDERAL FUNDING OF THE FIRST WEEK OF COMPENSABLE
                  REGULAR UNEMPLOYMENT FOR STATES WITH NO WAITING WEEK.

        Section 2105 of the CARES Act (15 U.S.C. 9024) is amended--
                (1) in subsection (c)--
                        (A) in paragraph (1), by striking ``There shall be
                    paid'' and inserting ``Except as provided in paragraph
                    (3), there shall be paid''; and
                        (B) by adding at the end the following:
                ``(3) Partial reimbursement.--With respect to compensation
            paid to individuals for weeks of unemployment ending after
            December 31, 2020, paragraph (1) shall be applied by
            substituting `50 percent' for `100 percent'.''; and
                (2) in subsection (e)(2), by striking ``December 31, 2020''
            and inserting ``March 14, 2021''.

    SEC. 205. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY.

        Section 4102(b) of the Families First Coronavirus Response Act (26
    U.S.C. 3304 note), in the second sentence, is amended by striking
    ``December 31, 2020'' and inserting ``March 14, 2021''.

    SEC. 206. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC EMERGENCY
                  UNEMPLOYMENT COMPENSATION.

        (a) In General.--Section 2107(g) of the CARES Act (15 U.S.C.
    9025(g)) is amended to read as follows:
        ``(g) Applicability.--
                ``(1) In general.--Except as provided in paragraphs (2) and
            (3), an agreement entered into under this section shall apply
            to weeks of unemployment--
                        ``(A) beginning after the date on which such
                    agreement is entered into; and
                        ``(B) ending on or before March 14, 2021.
                ``(2) Transition rule for individuals remaining entitled to
            pandemic emergency unemployment compensation as of march 14,
            2021.--In the case of any individual who, as of the date
            specified in paragraph (1)(B), is receiving Pandemic Emergency
            Unemployment Compensation but has not yet exhausted all rights
            to such assistance under this section, Pandemic Emergency
            Unemployment Compensation shall continue to be payable to such
            individual for any week beginning on or after such date for
            which the individual is otherwise eligible for Pandemic
            Emergency Unemployment Compensation.
                ``(3) Termination.--Notwithstanding any other provision of
            this subsection, no Pandemic Emergency Unemployment
            Compensation shall be payable for any week beginning after
            April 5, 2021.''.
        (b) Increase in Number of Weeks.--Section 2107(b)(2) of the CARES
    Act (15 U.S.C. 9025(b)(2)) is amended by striking ``13'' and inserting
    ``24''.
        (c) Coordination Rules.--
                (1) Coordination of pandemic emergency unemployment
            compensation with regular compensation.--Section 2107(b) of the
            CARES Act (15 U.S.C. 9025(b)) is amended by adding at the end
            the following:
                ``(4) Coordination of pandemic emergency unemployment
            compensation with regular compensation.--
                        ``(A) In general.--If--
                                ``(i) an individual has been determined to
                            be entitled to pandemic emergency unemployment
                            compensation with respect to a benefit year;
                                ``(ii) that benefit year has expired;
                                ``(iii) that individual has remaining
                            entitlement to pandemic emergency unemployment
                            compensation with respect to that benefit year;
                            and
                                ``(iv) that individual would qualify for a
                            new benefit year in which the weekly benefit
                            amount of regular compensation is at least $25
                            less than the individual's weekly benefit
                            amount in the benefit year referred to in
                            clause (i),
                    then the State shall determine eligibility for
                    compensation as provided in subparagraph (B).
                        ``(B) Determination of eligibility.--For
                    individuals described in subparagraph (A), the State
                    shall determine whether the individual is to be paid
                    pandemic emergency unemployment compensation or regular
                    compensation for a week of unemployment using one of
                    the following methods:
                                ``(i) The State shall, if permitted by
                            State law, establish a new benefit year, but
                            defer the payment of regular compensation with
                            respect to that new benefit year until
                            exhaustion of all pandemic emergency
                            unemployment compensation payable with respect
                            to the benefit year referred to in subparagraph
                            (A)(i).
                                ``(ii) The State shall, if permitted by
                            State law, defer the establishment of a new
                            benefit year (which uses all the wages and
                            employment which would have been used to
                            establish a benefit year but for the
                            application of this subparagraph), until
                            exhaustion of all pandemic emergency
                            unemployment compensation payable with respect
                            to the benefit year referred to in subparagraph
                            (A)(i).
                                ``(iii) The State shall pay, if permitted
                            by State law--
                                        ``(I) regular compensation equal to
                                    the weekly benefit amount established
                                    under the new benefit year; and
                                        ``(II) pandemic emergency
                                    unemployment compensation equal to the
                                    difference between that weekly benefit
                                    amount and the weekly benefit amount
                                    for the expired benefit year.
                                ``(iv) The State shall determine rights to
                            pandemic emergency unemployment compensation
                            without regard to any rights to regular
                            compensation if the individual elects to not
                            file a claim for regular compensation under the
                            new benefit year.''.
                (2) Coordination of pandemic emergency unemployment
            compensation with extended compensation.--
                        (A) Individuals receiving extended compensation as
                    of the date of enactment.--Section 2107(a)(5) of the
                    CARES Act (15 U.S.C. 9025(a)(5)) is amended--
                                (i) by striking ``Rule.--An agreement'' and
                            inserting the following: ``Rules.--
                        ``(A) In general.--Subject to subparagraph (B), an
                    agreement''; and
                                (ii) by adding at the end the following:
                        ``(B) Special rule.--In the case of an individual
                    who is receiving extended compensation under the State
                    law for the week that includes the date of enactment of
                    this subparagraph (without regard to the amendments
                    made by subsections (a) and (b) of section 206 of the
                    Continued Assistance for Unemployed Workers Act of
                    2020), such individual shall not be eligible to receive
                    pandemic emergency unemployment compensation by reason
                    of such amendments until such individual has exhausted
                    all rights to such extended benefits.''.
                        (B) Eligibility for extended compensation.--Section
                    2107(a) of the CARES Act (15 U.S.C. 9025(a)) is amended
                    by adding at the end the following:
                ``(8) Special rule for extended compensation.--At the
            option of a State, for any weeks of unemployment beginning
            after the date of the enactment of this paragraph and before
            April 12, 2021, an individual's eligibility period (as
            described in section 203(c) of the Federal-State Extended
            Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note))
            shall, for purposes of any determination of eligibility for
            extended compensation under the State law of such State, be
            considered to include any week which begins--
                        ``(A) after the date as of which such individual
                    exhausts all rights to pandemic emergency unemployment
                    compensation; and
                        ``(B) during an extended benefit period that began
                    on or before the date described in subparagraph (A).''.
        (d) Effective Date.--
                (1) In general.--Except as provided in paragraph (2), the
            amendments made by this section shall apply as if included in
            the enactment of the CARES Act (Public Law 116-136), except
            that no amount shall be payable by virtue of such amendments
            with respect to any week of unemployment commencing before the
            date of the enactment of this Act.
                (2) Coordination rules.--The amendments made by subsection
            (c)(1) shall apply to individuals whose benefit years, as
            described in section 2107(b)(4)(A)(ii) of the CARES Act, expire
            after the date of enactment of this Act.

    SEC. 207. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
                  PAYMENTS IN STATES WITH PROGRAMS IN LAW.

        Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2)) is
    amended by striking ``December 31, 2020'' and inserting ``March 14,
    2021''.

    SEC. 208. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME COMPENSATION
                  AGREEMENTS FOR STATES WITHOUT PROGRAMS IN LAW.

        Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2)) is
    amended by striking ``December 31, 2020'' and inserting ``March 14,
    2021''.

    SEC. 209. TECHNICAL AMENDMENT TO REFERENCES TO REGULATION IN CARES ACT.

        (a) In General.--Section 2102(h) of the CARES Act (Public Law 116-
    136) is amended by striking ``section 625'' in each place it appears
    and inserting ``part 625''.
        (b) Effective Date.--The amendment made by this section shall take
    effect as if included in section 2102 of the CARES Act (Public Law 116-
    136).

           Subchapter II--Extension of FFCRA Unemployment Provisions

    SEC. 221. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.

        Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C.
    1322(b)(10)(A)) is amended by striking ``December 31, 2020'' and
    inserting ``March 14, 2021''.

    SEC. 222. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT
                  COMPENSATION.

        Section 4105 of the Families First Coronavirus Response Act (26
    U.S.C. 3304 note) is amended--
                (1) in subsection (a), by striking ``December 31, 2020''
            and inserting ``March 14, 2021''; and
                (2) in subsection (b), by striking ``ending on or before
            December 31, 2020'' and inserting ``before March 14, 2021''.

              Subchapter III--Continued Assistance to Rail Workers

    SEC. 231. SHORT TITLE.

        This subchapter may be cited as the ``Continued Assistance to Rail
    Workers Act of 2020''.

    SEC. 232. ADDITIONAL ENHANCED BENEFITS UNDER THE RAILROAD UNEMPLOYMENT
                  INSURANCE ACT.

        (a) In General.--Section 2(a)(5)(A) of the Railroad Unemployment
    Insurance Act (45 U.S.C. 352(a)(5)(A)) is amended--
                (1) in the first sentence--
                        (A) by inserting ``and for registration periods
                    beginning after December 26, 2020, but on or before
                    March 14, 2021,'' after ``July 31, 2020,'';
                        (B) by striking ``in the amount of $1,200''; and
                        (C) by striking ``July 1, 2019'' and inserting
                    ``July 1, 2019, or July 1, 2020''; and
                (2) by adding at the end the following: ``For registration
            periods beginning on or after April 1, 2020, but on or before
            July 31, 2020, the recovery benefit payable under this
            subparagraph shall be in the amount of $1,200. For registration
            periods beginning after December 26, 2020, but on or before
            March 14, 2021, the recovery benefit payable under this
            subparagraph shall be in the amount of $600.''.
        (b) Clarification on Authority to Use Funds.--Funds appropriated
    under subparagraph (B) of section 2(a)(5) of the Railroad Unemployment
    Insurance Act (45 U.S.C. 352(a)(5)) shall be available to cover the
    cost of recovery benefits provided under such section 2(a)(5) by reason
    of the amendments made by subsection (a) as well as to cover the cost
    of such benefits provided under such section 2(a)(5) as in effect on
    the day before the date of enactment of this Act.

    SEC. 233. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
                  UNEMPLOYMENT INSURANCE ACT.

        (a) In General.--Section 2(c)(2)(D) of the Railroad Unemployment
    Insurance Act (45 U.S.C. 352(c)(2)(D)) is amended--
                (1) in clause (i)--
                        (A) in subclause (I), by striking ``130 days'' and
                    inserting ``185 days'';
                        (B) in subclause (II), by striking ``13 consecutive
                    14-day periods'' and inserting ``19 consecutive 14-day
                    periods, except that no extended benefit period shall
                    end before 6 consecutive 14-day periods after the date
                    of enactment of the Continued Assistance for Unemployed
                    Workers Act of 2020 have elapsed'';
                (2) in clause (ii), by striking ``if such clause had not
            been enacted.'' and inserting ``if such clause had not been
            enacted and if--
                                        ``(A) subparagraph (A) were applied
                                    by substituting `120 days of
                                    unemployment' for `65 days of
                                    unemployment'; and
                                        ``(B) subparagraph (B) were applied
                                    by inserting `(or, in the case of
                                    unemployment benefits, 12 consecutive
                                    14-day periods, except that no extended
                                    benefit period shall end before 6
                                    consecutive 14-day periods after the
                                    date of enactment of the Continued
                                    Assistance for Unemployed Workers Act
                                    of 2020 have elapsed)' after `7
                                    consecutive 14-day periods'.''; and
                (3) in clause (iii)--
                        (A) by striking ``June 30, 2020'' and inserting
                    ``June 30, 2021'';
                        (B) by striking ``no extended benefit period under
                    this paragraph shall begin after December 31, 2020''
                    and inserting ``the provisions of clauses (i) and (ii)
                    shall not apply to any employee whose extended benefit
                    period under subparagraph (B) begins after March 14,
                    2021, and shall not apply to any employee with respect
                    to any registration period beginning after April 5,
                    2021.''; and
                        (C) by striking ``clause (iv)'' and inserting
                    ``clause (v)'';
                (4) by redesignating clause (iv) as clause (v); and
                (5) by inserting after clause (iii) the following:
                                ``(iv) Treatment of certain calendar
                            days.--No calendar day occurring during the
                            period beginning on the first date with respect
                            to which the employee has exhausted all rights
                            to extended unemployment benefits under this
                            paragraph as in effect on the day before the
                            date of enactment of the Continued Assistance
                            for Unemployed Workers Act of 2020 and ending
                            with the date of such enactment may be treated
                            as a day of unemployment for purposes of the
                            payment of extended unemployment benefits under
                            this paragraph.''.
        (b) Application.--The amendments made by subsection (a) shall apply
    as if included in the enactment of the CARES Act (15 U.S.C. 9001 et
    seq.).
        (c) Clarification on Authority to Use Fund.--Funds appropriated
    under either the first or second sentence of clause (v) of section
    2(c)(2)(D) of the Railroad Unemployment Insurance Act (as redesignated
    by subsection (a)(4)) shall be available to cover the cost of
    additional extended unemployment benefits provided under such section
    2(c)(2)(D) by reason of the amendments made by subsection (a) as well
    as to cover the cost of such benefits provided under such section
    2(c)(2)(D) as in effect on the day before the date of enactment of this
    Act.

    SEC. 234. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD FOR BENEFITS
                  UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.

        (a) In General.--Section 2112(a) of the CARES Act (15 U.S.C.
    9030(a)) is amended by striking ``December 31, 2020'' and inserting
    ``March 14, 2021''.
        (b) Operating Instructions and Regulations.--The Railroad
    Retirement Board may prescribe any operating instructions or
    regulations necessary to carry out this section.
        (c) Clarification on Authority To Use Funds.--Funds appropriated
    under section 2112(c) of the CARES Act (15 U.S.C. 9030(c)) shall be
    available to cover the cost of additional benefits payable due to
    section 2112(a) of such Act by reason of the amendments made by
    subsection (a) as well as to cover the cost of such benefits payable
    due to such section 2112(a) as in effect on the day before the date of
    enactment of this Act.

    SEC. 235. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT
                  INSURANCE ACCOUNT.

        (a) In General.--Section 256(i)(1) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 (2 U.S.C. 906(i)(1)) is amended--
                (1) in subparagraph (B), by striking ``and'' at the end;
                (2) in subparagraph (C), by inserting ``and'' at the end;
            and
                (3) by inserting after subparagraph (C) the following new
            subparagraph:
                ``(D) any payment made from the Railroad Unemployment
            Insurance Account (established by section 10 of the Railroad
            Unemployment Insurance Act) for the purpose of carrying out the
            Railroad Unemployment Insurance Act, and funds appropriated or
            transferred to or otherwise deposited in such Account,''.
        (b) Effective Date.--The treatment of payments made from the
    Railroad Unemployment Insurance Account pursuant to the amendment made
    by subsection (a)--
                (1) shall take effect 7 days after the date of the
            enactment of this Act; and
                (2) shall apply only to obligations incurred during the
            period beginning on the effective date described in paragraph
            (1) and ending on the date that is 30 days after the date on
            which the national emergency concerning the novel coronavirus
            disease (COVID-19) outbreak declared by the President on March
            13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et
            seq.) terminates.
        (c) Sunset.--The amendments made by subsection (a) shall be
    repealed on the date that is 30 days after the date on which the
    national emergency concerning the novel coronavirus disease (COVID-19)
    outbreak declared by the President on March 13, 2020, under the
    National Emergencies Act (50 U.S.C. 1601 et seq.) terminates.

      Subchapter IV--Improvements to Pandemic Unemployment Assistance to
                          Strengthen Program Integrity

    SEC. 241. REQUIREMENT TO SUBSTANTIATE EMPLOYMENT OR SELF-EMPLOYMENT AND
                  WAGES EARNED OR PAID TO CONFIRM ELIGIBILITY FOR PANDEMIC
                  UNEMPLOYMENT ASSISTANCE.

        (a) In General.--Section 2102(a)(3)(A) of the CARES Act (15 U.S.C.
    9021(a)(3)(A)) is amended--
                (1) in clause (i), by striking ``and'' at the end;
                (2) by inserting after clause (ii) the following:
                                ``(iii) provides documentation to
                            substantiate employment or self-employment or
                            the planned commencement of employment or self-
                            employment not later than 21 days after the
                            later of the date on which the individual
                            submits an application for pandemic
                            unemployment assistance under this section or
                            the date on which an individual is directed by
                            the State Agency to submit such documentation
                            in accordance with section 625.6(e) of title
                            20, Code of Federal Regulations, or any
                            successor thereto, except that such deadline
                            may be extended if the individual has shown
                            good cause under applicable State law for
                            failing to submit such documentation; and''.
        (b) Applicability.--
                (1) In general.--Subject to paragraphs (2) and (3), the
            amendments made by subsection (a) shall apply to any individual
            who files a new application for pandemic unemployment
            assistance or claims pandemic unemployment assistance for any
            week of unemployment under section 2102 of the CARES Act (15
            U.S.C. 9021) on or after January 31, 2021.
                (2) Special rule.--An individual who received pandemic
            unemployment assistance under section 2102 of the CARES Act (15
            U.S.C. 9021) for any week ending before the date of enactment
            of this Act shall not be considered ineligible for such
            assistance for such week solely by reason of failure to submit
            documentation described in clause (iii) of subsection (a)(3)(A)
            of such section 2102, as added by subsection (a).
                (3) Prior applicants.--With respect to an individual who
            applied for pandemic unemployment assistance under section 2102
            of the CARES Act (15 U.S.C. 9021) before January 31, 2021, and
            receives such assistance on or after the date of enactment of
            this Act, clause (iii) of subsection (a)(3)(A) of such section
            shall be applied by substituting ``90 days'' for ``21 days''.

    SEC. 242. REQUIREMENT FOR STATES TO VERIFY IDENTITY OF APPLICANTS FOR
                  PANDEMIC UNEMPLOYMENT ASSISTANCE.

        (a) In General.--Section 2102(f) of the CARES Act (15 U.S.C.
    9021(f)) is amended--
                (1) in paragraph (1), by inserting ``, including procedures
            for identity verification or validation and for timely payment,
            to the extent reasonable and practicable'' before the period at
            the end; and
                (2) in paragraph (2)(B), by inserting ``and expenses
            related to identity verification or validation and timely and
            accurate payment'' before the period at the end.
        (b) Applicability.--The requirements imposed by the amendments made
    by this section shall apply, with respect to agreements made under
    section 2102 of the CARES Act, beginning on the date that is 30 days
    after the date of enactment of this Act.

               Subchapter V--Return to Work Reporting Requirement

    SEC. 251. RETURN TO WORK REPORTING FOR CARES ACT AGREEMENTS.

        (a) In General.--Subtitle A of title II of division A of the CARES
    Act (Public Law 116-136) is amended by adding at the end the following:

    ``SEC. 2117. RETURN TO WORK REPORTING.

        ``Each State participating in an agreement under any of the
    preceding sections of this subtitle shall have in effect a method to
    address any circumstances in which, during any period during which such
    agreement is in effect, claimants of unemployment compensation refuse
    to return to work or to accept an offer of suitable work without good
    cause. Such method shall include the following:
                ``(1) A reporting method for employers, such as through a
            phone line, email, or online portal, to notify the State agency
            when an individual refuses an offer of employment.
                ``(2) A plain-language notice provided to such claimants
            about State return to work laws, rights to refuse to return to
            work or to refuse suitable work, including what constitutes
            suitable work, and a claimant's right to refuse work that poses
            a risk to the claimant's health or safety, and information on
            contesting the denial of a claim that has been denied due to a
            report by an employer that the claimant refused to return to
            work or refused suitable work.''.
        (b) Effective Date.--The requirements imposed by this section shall
    take effect 30 days from the date of enactment of this Act.

       Subchapter VI--Other Related Provisions and Technical Corrections

    SECTION 261. MIXED EARNER UNEMPLOYMENT COMPENSATION.

        (a) In General.--Section 2104(b) of the CARES Act (15 U.S.C.
    9023(b)(1)), as amended by section 1103, is further amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (B), by striking the period at
                    the end and inserting ``, plus''; and
                        (B) by adding at the end the following:
                        ``(C) an additional amount of $100 (in this section
                    referred to as `Mixed Earner Unemployment
                    Compensation') in any case in which the individual
                    received at least $5,000 of self-employment income (as
                    defined in section 1402(b) of the Internal Revenue Code
                    of 1986) in the most recent taxable year ending prior
                    to the individual's application for regular
                    compensation.''; and
                (2) by adding at the end the following:
                ``(4) Certain documentation required.--An agreement under
            this section shall include a requirement, similar to the
            requirement under section 2102(a)(3)(A)(iii), for the
            substantiation of self-employment income with respect to each
            applicant for Mixed Earner Unemployment Compensation under
            paragraph (1)(C).''.
        (b) Conforming Amendments.--
                (1) Federal pandemic unemployment compensation.--Section
            2104 of such Act is amended--
                        (A) by inserting ``or Mixed Earner Unemployment
                    Compensation'' after ``Federal Pandemic Unemployment
                    Compensation'' each place such term appears in
                    subsection (b)(2), (c), or (f) of such section;
                        (B) in subsection (d), by inserting ``and Mixed
                    Earner Unemployment Compensation'' after ``Federal
                    Pandemic Unemployment Compensation''; and
                        (C) in subsection (g), by striking ``provide that''
                    and all that follows through the end and inserting
                    ``provide that--
                ``(1) the purposes of the preceding provisions of this
            section, as such provisions apply with respect to Federal
            Pandemic Unemployment Compensation, shall be applied with
            respect to unemployment benefits described in subsection (i)(2)
            to the same extent and in the same manner as if those benefits
            were regular compensation; and
                ``(2) the purposes of the preceding provisions of this
            section, as such provisions apply with respect to Mixed Earner
            Unemployment Compensation, shall be applied with respect to
            unemployment benefits described in subparagraph (A), (B), (D),
            or (E) of subsection (i)(2) to the same extent and in the same
            manner as if those benefits were regular compensation.''.
                (2) Pandemic emergency unemployment compensation.--Section
            2107(a)(4)(A) of such Act is amended--
                        (A) in clause (i), by striking ``and'';
                        (B) in clause (ii), by striking ``section 2104;''
                    and inserting ``section 2104(b)(1)(B); and''; and
                        (C) by adding at the end the following:
                                ``(iii) the amount (if any) of Mixed Earner
                            Unemployment Compensation under section
                            2104(b)(1)(C);''.
        (c) State's Right of Non-participation.--Any State participating in
    an agreement under section 2104 of the CARES Act may elect to continue
    paying Federal Pandemic Unemployment Compensation under such agreement
    without providing Mixed Earner Unemployment Compensation pursuant to
    the amendments made by this section. Such amendments shall apply with
    respect to such a State only if the State so elects, in which case such
    amendments shall apply with respect to weeks of unemployment beginning
    on or after the later of the date of such election or the date of
    enactment of this section.

    SEC. 262. LOST WAGES ASSISTANCE RECOUPMENT FAIRNESS.

        (a) Definitions.--In this section--
                (1) the term ``covered assistance'' means assistance
            provided for supplemental lost wages payments under subsections
            (e)(2) and (f) of section 408 of the Robert T. Stafford
            Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174),
            as authorized under the emergency declaration issued by the
            President on March 13, 2020, pursuant to section 501(b) of such
            Act (42 U.S.C. 5191(b)) and under any subsequent major disaster
            declaration under section 401 of such Act (42 U.S.C. 5170) that
            supersedes such emergency declaration; and
                (2) the term ``State'' has the meaning given the term in
            section 102 of the Robert T. Stafford Disaster Relief and
            Emergency Assistance Act (42 U.S.C. 5122).
        (b) Waiver Authority for State Liability.--In the case of any
    individual who has received amounts of covered assistance to which the
    individual is not entitled, the State shall require the individual to
    repay the amounts of such assistance to the State agency, except that
    the State agency may waive such repayment if the State agency
    determines that--
                (1) the payment of such covered assistance was without
            fault on the part of the individual; and
                (2) such repayment would be contrary to equity and good
            conscience.
        (c) Waiver Authority for Federal Liability.--Any waiver of debt
    issued by a State under subsection (b) shall also waive the debt owed
    to the United States.
        (d) Reporting.--
                (1) State reporting.--If a State issues a waiver of debt
            under subsection (b), the State shall report such waiver to the
            Administrator of the Federal Emergency Management Agency.
                (2) OIG reporting.--Not later than 6 months after the date
            of enactment of this Act, the Inspector General of the
            Department of Homeland Security shall submit a report that
            assesses the efforts of the States to waive recoupment related
            to lost wages assistance under section 408 of the Robert T.
            Stafford Disaster Relief and Emergency Assistance Act (42
            U.S.C. 5174) to--
                        (A) the Committee on Homeland Security and
                    Governmental Affairs, the Committee on Finance, and the
                    Subcommittee on Homeland Security of the Committee on
                    Appropriations of the Senate; and
                        (B) the Committee on Transportation and
                    Infrastructure, Committee on Ways and Means, and the
                    Subcommittee on Homeland Security of the Committee on
                    Appropriations of the House of Representatives.

    SEC. 263. CONTINUING ELIGIBILITY FOR CERTAIN RECIPIENTS OF PANDEMIC
                  UNEMPLOYMENT ASSISTANCE.

        (a) In General.--Section 2102(c) of the CARES Act (15 U.S.C.
    9021(c)), as amended by section 201, is further amended by adding at
    the end the following:
                ``(6) Continued eligibility for assistance.--As a condition
            of continued eligibility for assistance under this section, a
            covered individual shall submit a recertification to the State
            for each week after the individual's 1st week of eligibility
            that certifies that the individual remains an individual
            described in subsection (a)(3)(A)(ii) for such week.''.
        (b) Effective Date; Special Rule.--
                (1) In general.--The amendment made by subsection (a) shall
            apply with respect to weeks beginning on or after the date that
            is 30 days after the date of enactment of this section.
                (2) Special rule.--In the case of any State that made a
            good faith effort to implement section 2102 of division A of
            the CARES Act (15 U.S.C. 9021) in accordance with rules similar
            to those provided in section 625.6 of title 20, Code of Federal
            Regulations, for weeks ending before the effective date
            specified in paragraph (1), an individual who received pandemic
            unemployment assistance from such State for any such week shall
            not be considered ineligible for such assistance for such week
            solely by reason of failure to submit a recertification
            described in subsection (c)(5) of such section 2102.

    SEC. 264. TECHNICAL CORRECTION FOR NONPROFIT ORGANIZATIONS CLASSIFIED
                  AS FEDERAL TRUST INSTRUMENTALITIES.

        (a) In General.--Section 903(i)(1) of the Social Security Act (42
    U.S.C. 1103(i)(1)) is amended--
                (1) in subparagraph (B), in the first sentence, by
            inserting ``and to service provided by employees of an entity
            created by Public Law 85-874 (20 U.S.C. 76h et seq.)'' after
            ``of such Code applies''; and
                (2) in subparagraph (C), by inserting ``or an entity
            created by Public Law 85-874 (20 U.S.C. 76h et seq.)'' before
            the period at the end.
        (b) Effective Date.--The amendments made by this section shall take
    effect as if included in the enactment of section 2103 of the CARES Act
    (Public Law 116-136).

    SEC. 265. TECHNICAL CORRECTION FOR THE COMMONWEALTH OF NORTHERN MARIANA
                  ISLANDS.

        A Commonwealth Only Transitional Worker (as defined in section
    6(i)(2) of the Joint Resolution entitled ``A Joint Resolution to
    approve the `Covenant To Establish a Commonwealth of the Northern
    Mariana Islands in Political Union with the United States of America',
    and for other purposes'' (48 U.S.C. 1806)) shall be considered a
    qualified alien under section 431 of Public Law 104-193 (8 U.S.C. 1641)
    for purposes of eligibility for a benefit under section 2102 or 2104 of
    the CARES Act.

    SEC. 266. WAIVER TO PRESERVE ACCESS TO EXTENDED BENEFITS IN HIGH
                  UNEMPLOYMENT STATES.

        (a) In General.--For purposes of determining the beginning of an
    extended benefit period (or a high unemployment period) under the
    Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C.
    3304 note) during the period beginning on November 1, 2020, and ending
    December 31, 2021, section 203 of such Act may be applied without
    regard to subsection (b)(1)(B) of such section.
        (b) Rulemaking Authority; Technical Assistance.--The Secretary of
    Labor shall issue such rules or other guidance as the Secretary
    determines may be necessary for the implementation of subsection (a),
    and shall provide technical assistance to States as needed to
    facilitate such implementation.

                Subtitle B--COVID-related Tax Relief Act of 2020

    SEC. 271. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This subtitle may be cited as the ``COVID-related
    Tax Relief Act of 2020''.
        (b) Amendment of 1986 Code.--Except as otherwise expressly
    provided, whenever in this Act an amendment or repeal is expressed in
    terms of an amendment to, or repeal of, a section or other provision,
    the reference shall be considered to be made to a section or other
    provision of the Internal Revenue Code of 1986.
        (c) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 271. Short title; table of contents.
    Sec. 272. Additional 2020 recovery rebates for individuals.
    Sec. 273. Amendments to recovery rebates under the CARES Act.
    Sec. 274. Extension of certain deferred payroll taxes.
    Sec. 275. Regulations or guidance clarifying application of educator
                                expense tax deduction.
    Sec. 276. Clarification of tax treatment of forgiveness of covered
                                loans.
    Sec. 277. Emergency financial aid grants.
    Sec. 278. Clarification of tax treatment of certain loan forgiveness
                                and other business financial assistance
                                under the CARES Act.
    Sec. 279. Authority to waive certain information reporting
                                requirements.
    Sec. 280. Application of special rules to money purchase pension plans.
    Sec. 281. Election to waive application of certain modifications to
                                farming losses.
    Sec. 282. Oversight and audit reporting.
    Sec. 283. Disclosures to identify tax receivables not eligible for
                                collection pursuant to qualified tax
                                collection contracts.
    Sec. 284. Modification of certain protections for taxpayer return
                                information.
    Sec. 285. 2020 election to terminate transfer period for qualified
                                transfers from pension plan for covering
                                future retiree costs.
    Sec. 286. Extension of credits for paid sick and family leave.
    Sec. 287. Election to use prior year net earnings from self-employment
                                in determining average daily self-
                                employment income for purposes of credits
                                for paid sick and family leave.
    Sec. 288. Certain technical improvements to credits for paid sick and
                                family leave.

    SEC. 272. ADDITIONAL 2020 RECOVERY REBATES FOR INDIVIDUALS.

        (a) In General.--Subchapter B of chapter 65 of subtitle F is
    amended by inserting after section 6428 the following new section:

    ``SEC. 6428A. ADDITIONAL 2020 RECOVERY REBATES FOR INDIVIDUALS.

        ``(a) In General.--In addition to the credit allowed under section
    6428, in the case of an eligible individual, there shall be allowed as
    a credit against the tax imposed by subtitle A for the first taxable
    year beginning in 2020 an amount equal to the sum of--
                ``(1) $600 ( $1,200 in the case of eligible individuals
            filing a joint return), plus
                ``(2) an amount equal to the product of $600 multiplied by
            the number of qualifying children (within the meaning of
            section 24(c)) of the taxpayer.
        ``(b) Treatment of Credit.--The credit allowed by subsection (a)
    shall be treated as allowed by subpart C of part IV of subchapter A of
    chapter 1.
        ``(c) Limitation Based on Adjusted Gross Income.--The amount of the
    credit allowed by subsection (a) (determined without regard to this
    subsection and subsection (e)) shall be reduced (but not below zero) by
    5 percent of so much of the taxpayer's adjusted gross income as
    exceeds--
                ``(1) $150,000 in the case of a joint return or a surviving
            spouse (as defined in section 2(a)),
                ``(2) $112,500 in the case of a head of household (as
            defined in section 2(b)), and
                ``(3) $75,000 in the case of a taxpayer not described in
            paragraph (1) or (2).
        ``(d) Eligible Individual.--For purposes of this section, the term
    `eligible individual' means any individual other than--
                ``(1) any nonresident alien individual,
                ``(2) any individual with respect to whom a deduction under
            section 151 is allowable to another taxpayer for a taxable year
            beginning in the calendar year in which the individual's
            taxable year begins, and
                ``(3) an estate or trust.
        ``(e) Coordination With Advance Refunds of Credit.--
                ``(1) In general.--The amount of the credit which would
            (but for this paragraph) be allowable under this section shall
            be reduced (but not below zero) by the aggregate refunds and
            credits made or allowed to the taxpayer under subsection (f).
            Any failure to so reduce the credit shall be treated as arising
            out of a mathematical or clerical error and assessed according
            to section 6213(b)(1).
                ``(2) Joint returns.--Except as otherwise provided by the
            Secretary, in the case of a refund or credit made or allowed
            under subsection (f) with respect to a joint return, half of
            such refund or credit shall be treated as having been made or
            allowed to each individual filing such return.
        ``(f) Advance Refunds and Credits.--
                ``(1) In general.--Each individual who was an eligible
            individual for such individual's first taxable year beginning
            in 2019 shall be treated as having made a payment against the
            tax imposed by chapter 1 for such taxable year in an amount
            equal to the advance refund amount for such taxable year.
                ``(2) Advance refund amount.--For purposes of paragraph
            (1), the advance refund amount is the amount that would have
            been allowed as a credit under this section for such taxable
            year if this section (other than subsection (e) and this
            subsection) had applied to such taxable year. For purposes of
            determining the advance refund amount with respect to such
            taxable year--
                        ``(A) any individual who was deceased before
                    January 1, 2020, shall be treated for purposes of
                    applying subsection (g) in the same manner as if the
                    valid identification number of such person was not
                    included on the return of tax for such taxable year,
                    and
                        ``(B) no amount shall be determined under this
                    subsection with respect to any qualifying child of the
                    taxpayer if--
                                ``(i) the taxpayer was deceased before
                            January 1, 2020, or
                                ``(ii) in the case of a joint return, both
                            taxpayers were deceased before January 1, 2020.
                ``(3) Timing and manner of payments.--
                        ``(A) Timing.--
                                ``(i) In general.--The Secretary shall,
                            subject to the provisions of this title, refund
                            or credit any overpayment attributable to this
                            subsection as rapidly as possible.
                                ``(ii) Deadline.--
                                        ``(I) In general.--Except as
                                    provided in subclause (II), no refund
                                    or credit shall be made or allowed
                                    under this subsection after January 15,
                                    2021.
                                        ``(II) Exception for mirror code
                                    possessions.--In the case of a
                                    possession of the United States which
                                    has a mirror code tax system (as such
                                    terms are defined in section 272(c) of
                                    the COVID-related Tax Relief Act of
                                    2020), no refund or credit shall be
                                    made or allowed under this subsection
                                    after the earlier of--
                                                ``(aa) such date as is
                                            determined appropriate by the
                                            Secretary, or
                                                ``(bb) September 30, 2021.
                        ``(B) Delivery of payments.--Notwithstanding any
                    other provision of law, the Secretary may certify and
                    disburse refunds payable under this subsection
                    electronically to--
                                ``(i) any account to which the payee
                            authorized, on or after January 1, 2019, the
                            delivery of a refund of taxes under this title
                            or of a Federal payment (as defined in section
                            3332 of title 31, United States Code),
                                ``(ii) any account belonging to a payee
                            from which that individual, on or after January
                            1, 2019, made a payment of taxes under this
                            title, or
                                ``(iii) any Treasury-sponsored account (as
                            defined in section 208.2 of title 31, Code of
                            Federal Regulations).
                        ``(C) Waiver of certain rules.--Notwithstanding
                    section 3325 of title 31, United States Code, or any
                    other provision of law, with respect to any payment of
                    a refund under this subsection, a disbursing official
                    in the executive branch of the United States Government
                    may modify payment information received from an officer
                    or employee described in section 3325(a)(1)(B) of such
                    title for the purpose of facilitating the accurate and
                    efficient delivery of such payment. Except in cases of
                    fraud or reckless neglect, no liability under sections
                    3325, 3527, 3528, or 3529 of title 31, United States
                    Code, shall be imposed with respect to payments made
                    under this subparagraph.
                ``(4) No interest.--No interest shall be allowed on any
            overpayment attributable to this subsection.
                ``(5) Application to certain individuals who do not file a
            return of tax for 2019.--
                        ``(A) In general.--In the case of a specified
                    individual who, at the time of any determination made
                    pursuant to paragraph (3), has not filed a tax return
                    for the year described in paragraph (1), the Secretary
                    may use information with respect to such individual
                    which is provided by--
                                ``(i) in the case of a specified social
                            security beneficiary or a specified
                            supplemental security income recipient, the
                            Commissioner of Social Security,
                                ``(ii) in the case of a specified railroad
                            retirement beneficiary, the Railroad Retirement
                            Board, and
                                ``(iii) in the case of a specified veterans
                            beneficiary, the Secretary of Veterans Affairs
                            (in coordination with, and with the assistance
                            of, the Commissioner of Social Security if
                            appropriate).
                        ``(B) Specified individual.--For purposes of this
                    paragraph, the term `specified individual' means any
                    individual who is--
                                ``(i) a specified social security
                            beneficiary,
                                ``(ii) a specified supplemental security
                            income recipient,
                                ``(iii) a specified railroad retirement
                            beneficiary, or
                                ``(iv) a specified veterans beneficiary.
                        ``(C) Specified social security beneficiary.--
                                ``(i) In general.--For purposes of this
                            paragraph, the term `specified social security
                            beneficiary' means any individual who, for the
                            last month for which the Secretary has
                            available information as of the date of
                            enactment of this section, is entitled to any
                            monthly insurance benefit payable under title
                            II of the Social Security Act (42 U.S.C. 401 et
                            seq.), including payments made pursuant to
                            sections 202(d), 223(g), and 223(i)(7) of such
                            Act.
                                ``(ii) Exception.--For purposes of this
                            paragraph, the term `specified social security
                            beneficiary' shall not include any individual
                            if such benefit is not payable for such month
                            by reason of section 202(x)(1)(A) of the Social
                            Security Act (42 U.S.C. 402(x)(1)(A)) or
                            section 1129A of such Act (42 U.S.C. 1320a-8a).
                        ``(D) Specified supplemental security income
                    recipient.--
                                ``(i) In general.--For purposes of this
                            paragraph, the term `specified supplemental
                            security income recipient' means any individual
                            who, for the last month for which the Secretary
                            has available information as of the date of
                            enactment of this section, is eligible for a
                            monthly benefit payable under title XVI of the
                            Social Security Act (42 U.S.C. 1381 et seq.),
                            including--
                                        ``(I) payments made pursuant to
                                    section 1614(a)(3)(C) of such Act (42
                                    U.S.C. 1382c(a)(3)(C)),
                                        ``(II) payments made pursuant to
                                    section 1619(a) (42 U.S.C. 1382h(a)) or
                                    subsections (a)(4), (a)(7), or (p)(7)
                                    of section 1631 (42 U.S.C. 1383) of
                                    such Act, and
                                        ``(III) State supplementary
                                    payments of the type referred to in
                                    section 1616(a) of such Act (42 U.S.C.
                                    1382e(a)) (or payments of the type
                                    described in section 212(a) of Public
                                    Law 93-66) which are paid by the
                                    Commissioner under an agreement
                                    referred to in such section 1616(a) (or
                                    section 212(a) of Public Law 93-66).
                                ``(ii) Exception.--For purposes of this
                            paragraph, the term `specified supplemental
                            security income recipient' shall not include
                            any individual if such monthly benefit is not
                            payable for such month by reason of section
                            1611(e)(1)(A) of the Social Security Act (42
                            U.S.C. 1382(e)(1)(A)) or section 1129A of such
                            Act (42 U.S.C. 1320a-8a).
                        ``(E) Specified railroad retirement beneficiary.--
                    For purposes of this paragraph, the term `specified
                    railroad retirement beneficiary' means any individual
                    who, for the last month for which the Secretary has
                    available information as of the date of enactment of
                    this section, is entitled to a monthly annuity or
                    pension payment payable (without regard to section
                    5(a)(ii) of the Railroad Retirement Act of 1974 (45
                    U.S.C. 231d(a)(ii))) under--
                                ``(i) section 2(a)(1) of such Act (45
                            U.S.C. 231a(a)(1)),
                                ``(ii) section 2(c) of such Act (45 U.S.C.
                            231a(c)),
                                ``(iii) section 2(d)(1) of such Act (45
                            U.S.C. 231a(d)(1)), or
                                ``(iv) section 7(b)(2) of such Act (45
                            U.S.C. 231f(b)(2)) with respect to any of the
                            benefit payments described in subparagraph
                            (C)(i).
                        ``(F) Specified veterans beneficiary.--
                                ``(i) In general.--For purposes of this
                            paragraph, the term `specified veterans
                            beneficiary' means any individual who, for the
                            last month for which the Secretary has
                            available information as of the date of
                            enactment of this section, is entitled to a
                            compensation or pension payment payable under--
                                        ``(I) section 1110, 1117, 1121,
                                    1131, 1141, or 1151 of title 38, United
                                    States Code,
                                        ``(II) section 1310, 1312, 1313,
                                    1315, 1316, or 1318 of title 38, United
                                    States Code,
                                        ``(III) section 1513, 1521, 1533,
                                    1536, 1537, 1541, 1542, or 1562 of
                                    title 38, United States Code, or
                                        ``(IV) section 1805, 1815, or 1821
                                    of title 38, United States Code,
                            to a veteran, surviving spouse, child, or
                            parent as described in paragraph (2), (3),
                            (4)(A)(ii), or (5) of section 101, title 38,
                            United States Code.
                                ``(ii) Exception.--For purposes of this
                            paragraph, the term `specified veterans
                            beneficiary' shall not include any individual
                            if such compensation or pension payment is not
                            payable, or was reduced, for such month by
                            reason of section 1505 or 5313 of title 38,
                            United States Code.
                        ``(G) Subsequent determinations and
                    redeterminations not taken into account.--For purposes
                    of this section, any individual's status as a specified
                    social security beneficiary, a specified supplemental
                    security income recipient, a specified railroad
                    retirement beneficiary, or a specified veterans
                    beneficiary shall be unaffected by any determination or
                    redetermination of any entitlement to, or eligibility
                    for, any benefit, payment, or compensation, if such
                    determination or redetermination occurs after the last
                    month for which the Secretary has available information
                    as of the date of enactment of this section.
                        ``(H) Payment to representative payees and
                    fiduciaries.--
                                ``(i) In general.--If the benefit, payment,
                            or compensation referred to in subparagraph
                            (C)(i), (D)(i), (E), or (F)(i) with respect to
                            any specified individual is paid to a
                            representative payee or fiduciary, payment by
                            the Secretary under paragraph (3) with respect
                            to such specified individual shall be made to
                            such individual's representative payee or
                            fiduciary and the entire payment shall be used
                            only for the benefit of the individual who is
                            entitled to the payment.
                                ``(ii) Application of enforcement
                            provisions.--
                                        ``(I) In the case of a payment
                                    described in clause (i) which is made
                                    with respect to a specified social
                                    security beneficiary or a specified
                                    supplemental security income recipient,
                                    section 1129(a)(3) of the Social
                                    Security Act (42 U.S.C. 1320a-8(a)(3))
                                    shall apply to such payment in the same
                                    manner as such section applies to a
                                    payment under title II or XVI of such
                                    Act.
                                        ``(II) In the case of a payment
                                    described in clause (i) which is made
                                    with respect to a specified railroad
                                    retirement beneficiary, section 13 of
                                    the Railroad Retirement Act (45 U.S.C.
                                    231l) shall apply to such payment in
                                    the same manner as such section applies
                                    to a payment under such Act.
                                        ``(III) In the case of a payment
                                    described in clause (i) which is made
                                    with respect to a specified veterans
                                    beneficiary, sections 5502, 6106, and
                                    6108 of title 38, United States Code,
                                    shall apply to such payment in the same
                                    manner as such sections apply to a
                                    payment under such title.
                        ``(I) Ineligibility for special rule not to be
                    interpreted as general ineligibility.--An individual
                    shall not fail to be treated as an eligible individual
                    for purposes of this subsection or subsection (a)
                    merely because such individual is not a specified
                    individual (including by reason of subparagraph
                    (C)(ii), (D)(ii), or (F)(ii)).
                ``(6) Notice to taxpayer.--As soon as practicable after the
            date on which the Secretary distributed any payment to an
            eligible taxpayer pursuant to this subsection, the Secretary
            shall send notice by mail to such taxpayer's last known
            address. Such notice shall indicate the method by which such
            payment was made, the amount of such payment, and a phone
            number for the appropriate point of contact at the Internal
            Revenue Service to report any failure to receive such payment.
        ``(g) Identification Number Requirement.--
                ``(1) In general.--In the case of a return other than a
            joint return, the $600 amount in subsection (a)(1) shall be
            treated as being zero unless the taxpayer includes the valid
            identification number of the taxpayer on the return of tax for
            the taxable year.
                ``(2) Joint returns.--In the case of a joint return, the
            $1,200 amount in subsection (a)(1) shall be treated as being--
                        ``(A) $600 if the valid identification number of
                    only 1 spouse is included on the return of tax for the
                    taxable year, and
                        ``(B) zero if the valid identification number of
                    neither spouse is so included.
                ``(3) Qualifying child.--A qualifying child of a taxpayer
            shall not be taken into account under subsection (a)(2)
            unless--
                        ``(A) the taxpayer includes the valid
                    identification number of such taxpayer (or, in the case
                    of a joint return, the valid identification number of
                    at least 1 spouse) on the return of tax for the taxable
                    year, and
                        ``(B) the valid identification number of such
                    qualifying child is included on the return of tax for
                    the taxable year.
                ``(4) Valid identification number.--
                        ``(A) In general.--For purposes of this subsection,
                    the term `valid identification number' means a social
                    security number (as such term is defined in section
                    24(h)(7)).
                        ``(B) Adoption taxpayer identification number.--For
                    purposes of paragraph (3)(B), in the case of a
                    qualifying child who is adopted or placed for adoption,
                    the term `valid identification number' shall include
                    the adoption taxpayer identification number of such
                    child.
                ``(5) Special rule for members of the armed forces.--
            Paragraph (2) shall not apply in the case where at least 1
            spouse was a member of the Armed Forces of the United States at
            any time during the taxable year and the valid identification
            number of at least 1 spouse is included on the return of tax
            for the taxable year.
                ``(6) Coordination with certain advance payments.--In the
            case of any payment under subsection (f) which is based on
            information provided under paragraph (5) of such subsection, a
            valid identification number shall be treated for purposes of
            this subsection as included on the taxpayer's return of tax if
            such valid identification number is provided pursuant to
            subsection (f)(5).
                ``(7) Mathematical or clerical error authority.--Any
            omission of a correct valid identification number required
            under this subsection shall be treated as a mathematical or
            clerical error for purposes of applying section 6213(g)(2) to
            such omission.
        ``(h) Regulations.--The Secretary shall prescribe such regulations
    or other guidance as may be necessary to carry out the purposes of this
    section, including any such measures as are deemed appropriate to avoid
    allowing multiple credits or rebates to a taxpayer.''.
        (b) Administrative Amendments.--
                (1) Definition of deficiency.--Section 6211(b)(4)(A) is
            amended by striking ``and 6428'' and inserting ``6428, and
            6428A''.
                (2) Mathematical or clerical error authority.--Section
            6213(g)(2)(L) is amended by striking ``or 6428'' and inserting
            ``6428, or 6428A''.
        (c) Treatment of Possessions.--
                (1) Payments to possessions.--
                        (A) Mirror code possession.--The Secretary of the
                    Treasury shall pay to each possession of the United
                    States which has a mirror code tax system amounts equal
                    to the loss (if any) to that possession by reason of
                    the amendments made by this section. Such amounts shall
                    be determined by the Secretary of the Treasury based on
                    information provided by the government of the
                    respective possession.
                        (B) Other possessions.--The Secretary of the
                    Treasury shall pay to each possession of the United
                    States which does not have a mirror code tax system
                    amounts estimated by the Secretary of the Treasury as
                    being equal to the aggregate benefits (if any) that
                    would have been provided to residents of such
                    possession by reason of the amendments made by this
                    section if a mirror code tax system had been in effect
                    in such possession. The preceding sentence shall not
                    apply unless the respective possession has a plan,
                    which has been approved by the Secretary of the
                    Treasury, under which such possession will promptly
                    distribute such payments to its residents.
                (2) Coordination with credit allowed against united states
            income taxes.--No credit shall be allowed against United States
            income taxes under section 6428A of the Internal Revenue Code
            of 1986 (as added by this section) to any person--
                        (A) to whom a credit is allowed against taxes
                    imposed by the possession by reason of the amendments
                    made by this section, or
                        (B) who is eligible for a payment under a plan
                    described in paragraph (1)(B).
                (3) Definitions and special rules.--
                        (A) Possession of the united states.--For purposes
                    of this subsection, the term ``possession of the United
                    States'' includes the Commonwealth of Puerto Rico and
                    the Commonwealth of the Northern Mariana Islands.
                        (B) Mirror code tax system.--For purposes of this
                    subsection, the term ``mirror code tax system'' means,
                    with respect to any possession of the United States,
                    the income tax system of such possession if the income
                    tax liability of the residents of such possession under
                    such system is determined by reference to the income
                    tax laws of the United States as if such possession
                    were the United States.
                        (C) Treatment of payments.--For purposes of section
                    1324 of title 31, United States Code, the payments
                    under this subsection shall be treated in the same
                    manner as a refund due from a credit provision referred
                    to in subsection (b)(2) of such section.
        (d) Administrative Provisions.--
                (1) Exception from reduction or offset.--Any refund payable
            by reason of section 6428A(f) of the Internal Revenue Code of
            1986 (as added by this section), or any such refund payable by
            reason of subsection (c) of this section, shall not be--
                        (A) subject to reduction or offset pursuant to
                    section 3716 or 3720A of title 31, United States Code,
                        (B) subject to reduction or offset pursuant to
                    subsection (c), (d), (e), or (f) of section 6402 of the
                    Internal Revenue Code of 1986, or
                        (C) reduced or offset by other assessed Federal
                    taxes that would otherwise be subject to levy or
                    collection.
                (2) Assignment of benefits.--
                        (A) In general.--The right of any person to any
                    applicable payment shall not be transferable or
                    assignable, at law or in equity, and no applicable
                    payment shall be subject to, execution, levy,
                    attachment, garnishment, or other legal process, or the
                    operation of any bankruptcy or insolvency law.
                        (B) Encoding of payments.--In the case of an
                    applicable payment described in subparagraph
                    (E)(iii)(I) that is paid electronically by direct
                    deposit through the Automated Clearing House (ACH)
                    network, the Secretary of the Treasury (or the
                    Secretary's delegate) shall--
                                (i) issue the payment using a unique
                            identifier that is reasonably sufficient to
                            allow a financial institution to identify the
                            payment as an applicable payment, and
                                (ii) further encode the payment pursuant to
                            the same specifications as required for a
                            benefit payment defined in section 212.3 of
                            title 31, Code of Federal Regulations.
                        (C) Garnishment.--
                                (i) Encoded payments.--In the case of a
                            garnishment order that applies to an account
                            that has received an applicable payment that is
                            encoded as provided in subparagraph (B), a
                            financial institution shall follow the
                            requirements and procedures set forth in part
                            212 of title 31, Code of Federal Regulations,
                            except--
                                        (I) notwithstanding section 212.4
                                    of title 31, Code of Federal
                                    Regulations (and except as provided in
                                    subclause (II)), a financial
                                    institution shall not fail to follow
                                    the procedures of sections 212.5 and
                                    212.6 of such title with respect to a
                                    garnishment order merely because such
                                    order has attached, or includes, a
                                    notice of right to garnish federal
                                    benefits issued by a State child
                                    support enforcement agency, and
                                        (II) a financial institution shall
                                    not, with regard to any applicable
                                    payment, be required to provide the
                                    notice referenced in sections 212.6 and
                                    212.7 of title 31, Code of Federal
                                    Regulations.
                                (ii) Other payments.--In the case of a
                            garnishment order (other than an order that has
                            been served by the United States) that has been
                            received by a financial institution and that
                            applies to an account into which an applicable
                            payment that has not been encoded as provided
                            in subparagraph (B) has been deposited
                            electronically on any date during the lookback
                            period or into which an applicable payment that
                            has been deposited by check on any date in the
                            lookback period, the financial institution,
                            upon the request of the account holder, shall
                            treat the amount of the funds in the account at
                            the time of the request, up to the amount of
                            the applicable payment (in addition to any
                            amounts otherwise protected under part 212 of
                            title 31, Code of Federal Regulations), as
                            exempt from a garnishment order without
                            requiring the consent of the party serving the
                            garnishment order or the judgment creditor.
                                (iii) Liability.--A financial institution
                            that acts in good faith in reliance on clauses
                            (i) or (ii) shall not be subject to liability
                            or regulatory action under any Federal or State
                            law, regulation, court or other order, or
                            regulatory interpretation for actions
                            concerning any applicable payments.
                        (D) No reclamation rights.--This paragraph shall
                    not alter the status of applicable payments as tax
                    refunds or other nonbenefit payments for purpose of any
                    reclamation rights of the Department of the Treasury or
                    the Internal Revenue Service as per part 210 of title
                    31, Code of Federal Regulations.
                        (E) Definitions.--For purposes of this paragraph--
                                (i) Account holder.--The term ``account
                            holder'' means a natural person whose name
                            appears in a financial institution's records as
                            the direct or beneficial owner of an account.
                                (ii) Account review.--The term ``account
                            review'' means the process of examining
                            deposits in an account to determine if an
                            applicable payment has been deposited into the
                            account during the lookback period. The
                            financial institution shall perform the account
                            review following the procedures outlined in
                            section 212.5 of title 31, Code of Federal
                            Regulations and in accordance with the
                            requirements of section 212.6 of title 31, Code
                            of Federal Regulations.
                                (iii) Applicable payment.--The term
                            ``applicable payment'' means--
                                        (I) any advance refund amount paid
                                    pursuant to section 6428A(f) of
                                    Internal Revenue Code of 1986 (as added
                                    by this section),
                                        (II) any payment made by a
                                    possession of the United States with a
                                    mirror code tax system (as defined in
                                    subsection (c) of this section)
                                    pursuant to such subsection which
                                    corresponds to a payment described in
                                    subclause (I), and
                                        (III) any payment made by a
                                    possession of the United States without
                                    a mirror code tax system (as so
                                    defined) pursuant to subsection (c) of
                                    this section.
                                (iv) Garnishment.--The term ``garnishment''
                            means execution, levy, attachment, garnishment,
                            or other legal process.
                                (v) Garnishment order.--The term
                            ``garnishment order'' means a writ, order,
                            notice, summons, judgment, levy, or similar
                            written instruction issued by a court, a State
                            or State agency, a municipality or municipal
                            corporation, or a State child support
                            enforcement agency, including a lien arising by
                            operation of law for overdue child support or
                            an order to freeze the assets in an account, to
                            effect a garnishment against a debtor.
                                (vi) Lookback period.--The term ``lookback
                            period'' means the two month period that begins
                            on the date preceding the date of account
                            review and ends on the corresponding date of
                            the month two months earlier, or on the last
                            date of the month two months earlier if the
                            corresponding date does not exist.
                (3) Agency information sharing and assistance.--
                        (A) In general.--The Commissioner of Social
                    Security, the Railroad Retirement Board, and the
                    Secretary of Veterans Affairs shall each provide the
                    Secretary of the Treasury (or the Secretary's delegate)
                    such information and assistance as the Secretary of the
                    Treasury (or the Secretary's delegate) may require for
                    purposes of--
                                (i) making payments under section 6428A(f)
                            of the Internal Revenue Code of 1986 to
                            individuals described in paragraph (5)(A)
                            thereof, or
                                (ii) providing administrative assistance to
                            a possession of the United States (as defined
                            in subsection (c)(3)(A)) to allow such
                            possession to promptly distribute payments
                            under subsection (c) to its residents.
                        (B) Exchange of information with possessions.--Any
                    information provided to the Secretary of the Treasury
                    (or the Secretary's delegate) pursuant to subparagraph
                    (A)(ii) may be exchanged with a possession of the
                    United States in accordance with the applicable tax
                    coordination agreement for information exchange and
                    administrative assistance that the Internal Revenue
                    Service has agreed to with such possession.
        (e) Public Awareness Campaign.--The Secretary of the Treasury (or
    the Secretary's delegate) shall conduct a public awareness campaign, in
    coordination with the Commissioner of Social Security and the heads of
    other relevant Federal agencies, to provide information regarding the
    availability of the credit and rebate allowed under section 6428A of
    the Internal Revenue Code of 1986 (as added by this section), including
    information with respect to individuals who may not have filed a tax
    return for taxable year 2019.
        (f) Appropriations to Carry Out Rebates and Address COVID-related
    Tax Administration Issues.--
                (1) In general.--Immediately upon the enactment of this
            Act, the following sums are appropriated, out of any money in
            the Treasury not otherwise appropriated, for the fiscal year
            ending September 30, 2021:
                        (A) Department of the treasury.--
                                (i) For an additional amount for
                            ``Department of the Treasury--Internal Revenue
                            Service--Taxpayer Services'', $178,335,000, to
                            remain available until September 30, 2021.
                                (ii) For an additional amount for
                            ``Department of the Treasury--Internal Revenue
                            Service--Operations Support'', $273,237,000, to
                            remain available until September 30, 2021.
                                (iii) For an additional amount for
                            ``Department of Treasury--Internal Revenue
                            Service--Enforcement'', $57,428,000, to remain
                            available until September 30, 2021.
                    Amounts made available in appropriations under this
                    subparagraph may be transferred between such
                    appropriations upon the advance notification of the
                    Committees on Appropriations of the House of
                    Representatives and the Senate. Such transfer authority
                    is in addition to any other transfer authority provided
                    by law.
                        (B) Social security administration.--For an
                    additional amount for ``Social Security
                    Administration--Limitation on Administrative
                    Expenses'', $38,000,000, to remain available until
                    September 30, 2021.
                        (C) Railroad retirement board.--For an additional
                    amount for ``Railroad Retirement Board--Limitation on
                    Administration'', $8,300, to remain available until
                    September 30, 2021.
                (2) Reports.--No later than 15 days after enactment of this
            Act, the Secretary of the Treasury shall submit a plan to the
            Committees on Appropriations of the House of Representatives
            and the Senate detailing the expected use of the funds provided
            by paragraph (1)(A). Beginning 90 days after enactment of this
            Act, the Secretary of the Treasury shall submit a quarterly
            report to the Committees on Appropriations of the House of
            Representatives and the Senate detailing the actual expenditure
            of funds provided by paragraph (1)(A) and the expected
            expenditure of such funds in the subsequent quarter.
        (g) Conforming Amendments.--
                (1) Paragraph (2) of section 1324(b) of title 31, United
            States Code, is amended by inserting ``6428A,'' after
            ``6428,''.
                (2) The table of sections for subchapter B of chapter 65 of
            subtitle F is amended by inserting after the item relating to
            section 6428 the following:

    ``Sec. 6428A. Additional 2020 recovery rebates for individuals.''.

    SEC. 273. AMENDMENTS TO RECOVERY REBATES UNDER THE CARES ACT.

        (a) Amendments to Section 6428 of the Internal Revenue Code of
    1986.--Section 6428 is amended--
                (1) in subsection (c)(1), by inserting ``or a surviving
            spouse (as defined in section 2(a))'' after ``joint return'',
                (2) in subsection (f)--
                        (A) in paragraph (3)(A), by striking ``section''
                    and inserting ``subsection'',
                        (B) in paragraph (4), by striking ``section'' and
                    inserting ``subsection'', and
                        (C) by redesignating paragraph (6) as paragraph (7)
                    and by inserting after paragraph (5) the following new
                    paragraph:
                ``(6) Payment to representative payees and fiduciaries.--
                        ``(A) In general.--In the case of any individual
                    for which payment information is provided to the
                    Secretary by the Commissioner of Social Security, the
                    Railroad Retirement Board, or the Secretary of Veterans
                    Affairs, the payment by the Secretary under paragraph
                    (3) with respect to such individual may be made to such
                    individual's representative payee or fiduciary and the
                    entire payment shall be--
                                ``(i) provided to the individual who is
                            entitled to the payment, or
                                ``(ii) used only for the benefit of the
                            individual who is entitled to the payment.
                        ``(B) Application of enforcement provisions.--
                                ``(i) In the case of a payment described in
                            subparagraph (A) which is made with respect to
                            a social security beneficiary or a supplemental
                            security income recipient, section 1129(a)(3)
                            of the Social Security Act (42 U.S.C. 1320a-
                            8(a)(3)) shall apply to such payment in the
                            same manner as such section applies to a
                            payment under title II or XVI of such Act.
                                ``(ii) In the case of a payment described
                            in subparagraph (A) which is made with respect
                            to a railroad retirement beneficiary, section
                            13 of the Railroad Retirement Act (45 U.S.C.
                            231l) shall apply to such payment in the same
                            manner as such section applies to a payment
                            under such Act.
                                ``(iii) In the case of a payment described
                            in subparagraph (A) which is made with respect
                            to a veterans beneficiary, sections 5502, 6106,
                            and 6108 of title 38, United States Code, shall
                            apply to such payment in the same manner as
                            such sections apply to a payment under such
                            title.'', and
                (3) by striking subsection (g) and inserting the following:
        ``(g) Identification Number Requirement.--
                ``(1) Requirements for credit.--Subject to paragraph (2),
            with respect to the credit allowed under subsection (a), the
            following provisions shall apply:
                        ``(A) In general.--In the case of a return other
                    than a joint return, the $1,200 amount in subsection
                    (a)(1) shall be treated as being zero unless the
                    taxpayer includes the valid identification number of
                    the taxpayer on the return of tax for the taxable year.
                        ``(B) Joint returns.--In the case of a joint
                    return, the $2,400 amount in subsection (a)(1) shall be
                    treated as being--
                                ``(i) $1,200 if the valid identification
                            number of only 1 spouse is included on the
                            return of tax for the taxable year, and
                                ``(ii) zero if the valid identification
                            number of neither spouse is so included.
                        ``(C) Qualifying child.--A qualifying child of a
                    taxpayer shall not be taken into account under
                    subsection (a)(2) unless--
                                ``(i) the taxpayer includes the valid
                            identification number of such taxpayer (or, in
                            the case of a joint return, the valid
                            identification number of at least 1 spouse) on
                            the return of tax for the taxable year, and
                                ``(ii) the valid identification number of
                            such qualifying child is included on the return
                            of tax for the taxable year.
                ``(2) Requirements for advance refunds.--No refund shall be
            payable under subsection (f) to an eligible individual who does
            not include on the return of tax for the taxable year--
                        ``(A) such individual's valid identification
                    number,
                        ``(B) in the case of a joint return, the valid
                    identification number of such individual's spouse, and
                        ``(C) in the case of any qualifying child taken
                    into account under subsection (a)(2), the valid
                    identification number of such qualifying child.
                ``(3) Valid identification number.--
                        ``(A) In general.--For purposes of this subsection,
                    the term `valid identification number' means a social
                    security number (as such term is defined in section
                    24(h)(7)).
                        ``(B) Adoption taxpayer identification number.--For
                    purposes of paragraphs (1)(C) and (2)(C), in the case
                    of a qualifying child who is adopted or placed for
                    adoption, the term `valid identification number' shall
                    include the adoption taxpayer identification number of
                    such child.
                ``(4) Special rule for members of the armed forces.--
            Paragraphs (1)(B) and (2)(B) shall not apply in the case where
            at least 1 spouse was a member of the Armed Forces of the
            United States at any time during the taxable year and the valid
            identification number of at least 1 spouse is included on the
            return of tax for the taxable year.
                ``(5) Mathematical or clerical error authority.--Any
            omission of a correct valid identification number required
            under this subsection shall be treated as a mathematical or
            clerical error for purposes of applying section 6213(g)(2) to
            such omission.''.
        (b) Amendments to Section 2201 of the CARES Act.--Section 2201 of
    the CARES Act is amended--
                (1) in subsection (d), by striking ``Any credit or refund
            allowed or made to any individual by reason of section 6428 of
            the Internal Revenue Code of 1986 (as added by this section) or
            by reason of subsection (c) of this section'' and inserting
            ``Any refund payable by reason of section 6428(f) of the
            Internal Revenue Code of 1986 (as added by this section), or
            any such refund payable by reason of subsection (c) of this
            section,'', and
                (2) in subsection (f)(1)(A)(i), by inserting after
            ``September 30, 2021'' the following: ``, of which up to
            $63,000,000 may be transferred to the ``Department of the
            Treasury--Bureau of the Fiscal Service--Debt Collection'' for
            necessary expenses related to the implementation and operation
            of Governmentwide debt collection activities pursuant to
            sections 3711(g), 3716, and 3720A of title 31, United States
            Code, and subsections (c) through (f) of section 6402 of the
            Internal Revenue Code of 1986 to offset the loss resulting from
            the coronavirus pandemic of debt collection receipts collected
            pursuant to such sections: Provided, That amounts transferred
            pursuant to this clause shall be in addition to any other funds
            made available for this purpose''.
        (c) Effective Date.--The amendments made by this section shall take
    effect as if included in section 2201 of the CARES Act.

    SEC. 274. EXTENSION OF CERTAIN DEFERRED PAYROLL TAXES.

        The Secretary of the Treasury (or the Secretary's delegate) shall
    ensure that Internal Revenue Service Notice 2020-65 (entitled ``Relief
    with Respect to Employment Tax Deadlines Applicable to Employers
    Affected by the Ongoing Coronavirus (COVID-19) Disease 2019 Pandemic'')
    and any successor or related regulation, notice, or guidance is
    applied--
                (1) by substituting ``December 31, 2021'' for ``April 30,
            2021'' each place it appears therein, and
                (2) by substituting ``January 1, 2022'' for ``May 1, 2021''
            each place it appears therein.

    SEC. 275. REGULATIONS OR GUIDANCE CLARIFYING APPLICATION OF EDUCATOR
                  EXPENSE TAX DEDUCTION.

        Not later than February 28, 2021, the Secretary of the Treasury (or
    the Secretary's delegate) shall by regulation or other guidance clarify
    that personal protective equipment, disinfectant, and other supplies
    used for the prevention of the spread of COVID-19 are treated as
    described in section 62(a)(2)(D)(ii) of the Internal Revenue Code of
    1986. Such regulations or other guidance shall apply to expenses paid
    or incurred after March 12, 2020.

    SEC. 276. CLARIFICATION OF TAX TREATMENT OF FORGIVENESS OF COVERED
                  LOANS.

        (a) Original Paycheck Protection Program Loans.--
                (1) In general.--Subsection (i) of section 7A of the Small
            Business Act, as redesignated, transferred, and amended by the
            Economic Aid to Hard-Hit Small Businesses, Nonprofits, and
            Venues Act, is amended to read as follows:
        ``(i) Tax Treatment.--For purposes of the Internal Revenue Code of
    1986--
                ``(1) no amount shall be included in the gross income of
            the eligible recipient by reason of forgiveness of indebtedness
            described in subsection (b),
                ``(2) no deduction shall be denied, no tax attribute shall
            be reduced, and no basis increase shall be denied, by reason of
            the exclusion from gross income provided by paragraph (1), and
                ``(3) in the case of an eligible recipient that is a
            partnership or S corporation--
                        ``(A) any amount excluded from income by reason of
                    paragraph (1) shall be treated as tax exempt income for
                    purposes of sections 705 and 1366 of the Internal
                    Revenue Code of 1986, and
                        ``(B) except as provided by the Secretary of the
                    Treasury (or the Secretary's delegate), any increase in
                    the adjusted basis of a partner's interest in a
                    partnership under section 705 of the Internal Revenue
                    Code of 1986 with respect to any amount described in
                    subparagraph (A) shall equal the partner's distributive
                    share of deductions resulting from costs giving rise to
                    forgiveness described in subsection (b).''.
                (2) Effective date.--The amendment made by this subsection
            shall apply to taxable years ending after the date of the
            enactment of the CARES Act.
        (b) Subsequent Paycheck Protection Program Loans.--For purposes of
    the Internal Revenue Code of 1986, in the case of any taxable year
    ending after the date of the enactment of this Act--
                (1) no amount shall be included in the gross income of an
            eligible entity (within the meaning of subparagraph (J) of
            section 7(a)(37) of the Small Business Act) by reason of
            forgiveness of indebtedness described in clause (ii) of such
            subparagraph,
                (2) no deduction shall be denied, no tax attribute shall be
            reduced, and no basis increase shall be denied, by reason of
            the exclusion from gross income provided by paragraph (1), and
                (3) in the case of an eligible entity that is a partnership
            or S corporation--
                        (A) any amount excluded from income by reason of
                    paragraph (1) shall be treated as tax exempt income for
                    purposes of sections 705 and 1366 of the Internal
                    Revenue Code of 1986, and
                        (B) except as provided by the Secretary of the
                    Treasury (or the Secretary's delegate), any increase in
                    the adjusted basis of a partner's interest in a
                    partnership under section 705 of the Internal Revenue
                    Code of 1986 with respect to any amount described in
                    subparagraph (A) shall equal the partner's distributive
                    share of deductions resulting from costs giving rise to
                    the forgiveness of indebtedness referred to in
                    paragraph (1).

    SEC. 277. EMERGENCY FINANCIAL AID GRANTS.

        (a) In General.--In the case of a student receiving a qualified
    emergency financial aid grant--
                (1) such grant shall not be included in the gross income of
            such individual for purposes of the Internal Revenue Code of
            1986, and
                (2) such grant shall not be treated as described in
            subparagraph (A), (B), or (C) of section 25A(g)(2) of such
            Code.
        (b) Definitions.--For purposes of this subsection, the term
    ``qualified emergency financial aid grant'' means--
                (1) any emergency financial aid grant awarded by an
            institution of higher education under section 3504 of the CARES
            Act,
                (2) any emergency financial aid grant from an institution
            of higher education made with funds made available under
            section 18004 of the CARES Act, and
                (3) any other emergency financial aid grant made to a
            student from a Federal agency, a State, an Indian tribe, an
            institution of higher education, or a scholarship-granting
            organization (including a tribal organization, as defined in
            section 4 of the Indian Self-Determination and Education
            Assistance Act (25 U.S.C.5304)) for the purpose of providing
            financial relief to students enrolled at institutions of higher
            education in response to a qualifying emergency (as defined in
            section 3502(a)(4) of the CARES Act).
        (c) Limitation.--This section shall not apply to that portion of
    any amount received which represents payment for teaching, research, or
    other services required as a condition for receiving the qualified
    emergency financial aid grant.
        (d) Effective Date.--This section shall apply to qualified
    emergency financial aid grants made after March 26, 2020.

    SEC. 278. CLARIFICATION OF TAX TREATMENT OF CERTAIN LOAN FORGIVENESS
                  AND OTHER BUSINESS FINANCIAL ASSISTANCE.

        (a) United States Treasury Program Management Authority.--For
    purposes of the Internal Revenue Code of 1986--
                (1) no amount shall be included in the gross income of a
            borrower by reason of forgiveness of indebtedness described in
            section 1109(d)(2)(D) of the CARES Act,
                (2) no deduction shall be denied, no tax attribute shall be
            reduced, and no basis increase shall be denied, by reason of
            the exclusion from gross income provided by paragraph (1), and
                (3) in the case of a borrower that is a partnership or S
            corporation--
                        (A) any amount excluded from income by reason of
                    paragraph (1) shall be treated as tax exempt income for
                    purposes of sections 705 and 1366 of the Internal
                    Revenue Code of 1986, and
                        (B) except as provided by the Secretary of the
                    Treasury (or the Secretary's delegate), any increase in
                    the adjusted basis of a partner's interest in a
                    partnership under section 705 of the Internal Revenue
                    Code of 1986 with respect to any amount described in
                    subparagraph (A) shall equal the partner's distributive
                    share of deductions resulting from costs giving rise to
                    forgiveness described in section 1109(d)(2)(D) of the
                    CARES Act.
        (b) Emergency EIDL Grants and Targeted EIDL Advances.--For purposes
    of the Internal Revenue Code of 1986--
                (1) any advance described in section 1110(e) of the CARES
            Act or any funding under section 331 of the Economic Aid to
            Hard-Hit Small Businesses, Nonprofits, and Venues Act shall not
            be included in the gross income of the person that receives
            such advance or funding,
                (2) no deduction shall be denied, no tax attribute shall be
            reduced, and no basis increase shall be denied, by reason of
            the exclusion from gross income provided by paragraph (1), and
                (3) in the case of a partnership or S corporation that
            receives such advance or funding--
                        (A) any amount excluded from income by reason of
                    paragraph (1) shall be treated as tax exempt income for
                    purposes of sections 705 and 1366 of the Internal
                    Revenue Code of 1986, and
                        (B) the Secretary of the Treasury (or the
                    Secretary's delegate) shall prescribe rules for
                    determining a partner's distributive share of any
                    amount described in subparagraph (A) for purposes of
                    section 705 of the Internal Revenue Code of 1986.
        (c) Subsidy for Certain Loan Payments.--For purposes of the
    Internal Revenue Code of 1986--
                (1) any payment described in section 1112(c) of the CARES
            Act shall not be included in the gross income of the person on
            whose behalf such payment is made,
                (2) no deduction shall be denied, no tax attribute shall be
            reduced, and no basis increase shall be denied, by reason of
            the exclusion from gross income provided by paragraph (1), and
                (3) in the case of a partnership or S corporation on whose
            behalf of a payment described in section 1112(c) of the CARES
            Act is made--
                        (A) any amount excluded from income by reason of
                    paragraph (1) shall be treated as tax exempt income for
                    purposes of sections 705 and 1366 of the Internal
                    Revenue Code of 1986, and
                        (B) except as provided by the Secretary of the
                    Treasury (or the Secretary's delegate), any increase in
                    the adjusted basis of a partner's interest in a
                    partnership under section 705 of the Internal Revenue
                    Code of 1986 with respect to any amount described in
                    subparagraph (A) shall equal the sum of the partner's
                    distributive share of deductions resulting from
                    interest and fees described in section 1112(c) of the
                    CARES Act and the partner's share, as determined under
                    section 752 of the Internal Revenue Code of 1986, of
                    principal described in section 1112(c) of the CARES
                    Act.
        (d) Grants for Shuttered Venue Operators.--For purposes of the
    Internal Revenue Code of 1986--
                (1) any grant made under section 324 of the Economic Aid to
            Hard-Hit Small Businesses, Nonprofits, and Venues Act shall not
            be included in the gross income of the person that receives
            such grant,
                (2) no deduction shall be denied, no tax attribute shall be
            reduced, and no basis increase shall be denied, by reason of
            the exclusion from gross income provided by paragraph (1), and
                (3) in the case of a partnership or S corporation that
            receives such grant--
                        (A) any amount excluded from income by reason of
                    paragraph (1) shall be treated as tax exempt income for
                    purposes of sections 705 and 1366 of the Internal
                    Revenue Code of 1986, and
                        (B) the Secretary of the Treasury (or the
                    Secretary's delegate) shall prescribe rules for
                    determining a partner's distributive share of any
                    amount described in subparagraph (A) for purposes of
                    section 705 of the Internal Revenue Code of 1986.
        (e) Effective Dates.--
                (1) In general.--Except as otherwise provided in this
            subsection, subsections (a), (b), and (c) shall apply to
            taxable years ending after the date of the enactment of the
            CARES Act.
                (2) Grants for shuttered venue operators; targeted eidl
            advances.--Subsection (d), and so much of subsection (b) as
            relates to funding under section 331 of the Economic Aid to
            Hard-Hit Small Businesses, Nonprofits, and Venues Act, shall
            apply to taxable years ending after the date of the enactment
            of this Act.

    SEC. 279. AUTHORITY TO WAIVE CERTAIN INFORMATION REPORTING
                  REQUIREMENTS.

        The Secretary of the Treasury (or the Secretary's delegate) may
    provide an exception from any requirement to file an information return
    otherwise required by chapter 61 of the Internal Revenue Code of 1986
    with respect to any amount excluded from gross income by reason of
    section 7A(i) of the Small Business Act or section 276(b), 277, or 278
    of this subtitle.

    SEC. 280. APPLICATION OF SPECIAL RULES TO MONEY PURCHASE PENSION PLANS.

        (a) In General.--Section 2202(a)(6)(B) of the CARES Act is amended
    by inserting ``, and, in the case of a money purchase pension plan, a
    coronavirus-related distribution which is an in-service withdrawal
    shall be treated as meeting the distribution rules of section 401(a) of
    the Internal Revenue Code of 1986'' before the period.
        (b) Effective Date.--The amendment made by this section shall apply
    as if included in the enactment of section 2202 of the CARES Act.

    SEC. 281. ELECTION TO WAIVE APPLICATION OF CERTAIN MODIFICATIONS TO
                  FARMING LOSSES.

        (a) In General.--Section 2303 of the CARES Act is amended by adding
    at the end the following new subsection:
        ``(e) Special Rules With Respect to Farming Losses.--
                ``(1) Election to disregard application of amendments made
            by subsections (a) and (b).--
                        ``(A) In general.--If a taxpayer who has a farming
                    loss (within the meaning of section 172(b)(1)(B)(ii) of
                    the Internal Revenue Code of 1986) for any taxable year
                    beginning in 2018, 2019, or 2020 makes an election
                    under this paragraph, then--
                                ``(i) the amendments made by subsection (a)
                            shall not apply to any taxable year beginning
                            in 2018, 2019, or 2020, and
                                ``(ii) the amendments made by subsection
                            (b) shall not apply to any net operating loss
                            arising in any taxable year beginning in 2018,
                            2019, or 2020.
                        ``(B) Election.--
                                ``(i) In general.--Except as provided in
                            clause (ii)(II), an election under this
                            paragraph shall be made in such manner as may
                            be prescribed by the Secretary. Such election,
                            once made, shall be irrevocable.
                                ``(ii) Time for making election.--
                                        ``(I) In general.--An election
                                    under this paragraph shall be made by
                                    the due date (including extensions of
                                    time) for filing the taxpayer's return
                                    for the taxpayer's first taxable year
                                    ending after the date of the enactment
                                    of the COVID-related Tax Relief Act of
                                    2020.
                                        ``(II) Previously filed returns.--
                                    In the case of any taxable year for
                                    which the taxpayer has filed a return
                                    of Federal income tax before the date
                                    of the enactment of the COVID-related
                                    Tax Relief Act of 2020 which disregards
                                    the amendments made by subsections (a)
                                    and (b), such taxpayer shall be treated
                                    as having made an election under this
                                    paragraph unless the taxpayer amends
                                    such return to reflect such amendments
                                    by the due date (including extensions
                                    of time) for filing the taxpayer's
                                    return for the first taxable year
                                    ending after the date of the enactment
                                    of the COVID-related Tax Relief Act of
                                    2020.
                        ``(C) Regulations.--The Secretary of the Treasury
                    (or the Secretary's delegate) shall issue such
                    regulations and other guidance as may be necessary to
                    carry out the purposes of this paragraph, including
                    regulations and guidance relating to the application of
                    the rules of section 172(a) of the Internal Revenue
                    Code of 1986 (as in effect before the date of the
                    enactment of the CARES Act) to taxpayers making an
                    election under this paragraph.
                ``(2) Revocation of election to waive carryback.--The last
            sentence of section 172(b)(3) of the Internal Revenue Code of
            1986 and the last sentence of section 172(b)(1)(B) of such Code
            shall not apply to any election--
                        ``(A) which was made before the date of the
                    enactment of the COVID-related Tax Relief Act of 2020,
                    and
                        ``(B) which relates to the carryback period
                    provided under section 172(b)(1)(B) of such Code with
                    respect to any net operating loss arising in taxable
                    years beginning in 2018 or 2019.''.
        (b) Effective Date.--The amendment made by this section shall take
    effect as if included in section 2303 of the CARES Act.

    SEC. 282. OVERSIGHT AND AUDIT REPORTING.

        Section 19010(a)(1) of the CARES Act is amended by striking ``and''
    at the end of subparagraph (F), by striking ``and'' at the end of
    subparagraph (G), and by adding at the end the following new
    subparagraphs:
                        ``(H) the Committee on Finance of the Senate; and
                        ``(I) the Committee on Ways and Means of the House
                    of Representatives; and''.

    SEC. 283. DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT ELIGIBLE FOR
                  COLLECTION PURSUANT TO QUALIFIED TAX COLLECTION
                  CONTRACTS.

        (a) In General.--Section 1106 of the Social Security Act (42 U.S.C.
    1306) is amended by adding at the end the following:
        ``(g) Notwithstanding any other provision of this section, the
    Commissioner of Social Security shall enter into an agreement with the
    Secretary of the Treasury under which--
                ``(1) if the Secretary provides the Commissioner with the
            information described in section 6103(k)(15) of the Internal
            Revenue Code of 1986 with respect to any individual, the
            Commissioner shall indicate to the Secretary as to whether such
            individual receives disability insurance benefits under section
            223 or supplemental security income benefits under title XVI
            (including State supplementary payments of the type referred to
            in section 1616(a) or payments of the type described in section
            212(a) of Public Law 93-66);
                ``(2) appropriate safeguards are included to assure that
            the indication described in paragraph (1) will be used solely
            for the purpose of determining if tax receivables involving
            such individual are not eligible for collection pursuant to a
            qualified tax collection contract by reason of section
            6306(d)(3)(E) of the Internal Revenue Code of 1986; and
                ``(3) the Secretary shall pay the Commissioner of Social
            Security the full costs (including systems and administrative
            costs) of providing the indication described in paragraph
            (1).''.
        (b) Authorization of Disclosure by Secretary of the Treasury.--
                (1) In general.--Section 6103(k) is amended by adding at
            the end the following new paragraph:
                ``(15) Disclosures to social security administration to
            identify tax receivables not eligible for collection pursuant
            to qualified tax collection contracts.--In the case of any
            individual involved with a tax receivable which the Secretary
            has identified for possible collection pursuant to a qualified
            tax collection contract (as defined in section 6306(b)), the
            Secretary may disclose the taxpayer identity and date of birth
            of such individual to officers, employees, and contractors of
            the Social Security Administration to determine if such tax
            receivable is not eligible for collection pursuant to such a
            qualified tax collection contract by reason of section
            6306(d)(3)(E).''.
                (2) Conforming amendments related to safeguards.--
                        (A) Section 6103(a)(3) is amended by striking ``or
                    (14)'' and inserting ``(14), or (15)''.
                        (B) Section 6103(p)(4) is amended--
                                (i) by striking ``(k)(8), (10) or (11)''
                            both places it appears and inserting ``(k)(8),
                            (10), (11), or (15)'', and
                                (ii) by striking ``any other person
                            described in subsection (k)(10)'' each place it
                            appears and inserting ``any other person
                            described in subsection (k)(10) or (15)''.
                        (C) Section 7213(a)(2) is amended by striking
                    ``(k)(10), (13), or (14)'' and inserting ``(k)(10),
                    (13), (14), or (15)''.
        (c) Effective Date.--The amendments made by this section shall
    apply to disclosures made on or after the date of the enactment of this
    Act.

    SEC. 284. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN
                  INFORMATION.

        (a) Amendments to the Internal Revenue Code of 1986.--
                (1) In general.--Subparagraph (D) of section 6103(l)(13) is
            amended--
                        (A) by inserting at the end of clause (iii) the
                    following new sentence: ``Under such terms and
                    conditions as may be prescribed by the Secretary, after
                    consultation with the Department of Education, an
                    institution of higher education described in subclause
                    (I) or a State higher education agency described in
                    subclause (II) may designate a contractor of such
                    institution or state agency to receive return
                    information on behalf of such institution or state
                    agency to administer aspects of the institution's or
                    state agency's activities for the application, award,
                    and administration of such financial aid.'', and
                        (B) by adding at the end the following:
                                ``(iv) Redisclosure to office of inspector
                            general, independent auditors, and
                            contractors.--Any return information which is
                            redisclosed under clause (iii)--
                                        ``(I) may be further disclosed by
                                    persons described in subclauses (I),
                                    (II), or (III) of clause (iii) or
                                    persons designated in the last sentence
                                    of clause (iii) to the Office of
                                    Inspector General of the Department of
                                    Education and independent auditors
                                    conducting audits of such person's
                                    administration of the programs for
                                    which the return information was
                                    received, and
                                        ``(II) may be further disclosed by
                                    persons described in subclauses (I),
                                    (II), or (III) of clause (iii) to
                                    contractors of such entities,
                            but only to the extent necessary in carrying
                            out the purposes described in such clause
                            (iii).
                                ``(v) Redisclosure to family members.--In
                            addition to the purposes for which information
                            is disclosed and used under subparagraphs (A)
                            and (C), or redisclosed under clause (iii), any
                            return information so disclosed or redisclosed
                            may be further disclosed to any individual
                            certified by the Secretary of Education as
                            having provided approval under paragraph (1) or
                            (2) of section 494(a) of the Higher Education
                            Act of 1965, as the case may be, for disclosure
                            related to the income-contingent or income-
                            based repayment plan under subparagraph (A) or
                            the eligibility for, and amount of, Federal
                            student financial aid described in subparagraph
                            (C).
                                ``(vi) Redisclosure of fafsa information.--
                            Return information received under subparagraph
                            (C) may be redisclosed in accordance with
                            subsection (c) of section 494 of the Higher
                            Education Act of 1965 (as in effect on the date
                            of enactment of the COVID-related Tax Relief
                            Act of 2020) to carry out the purposes
                            specified in such subsection.''.
                (2) Conforming amendment.--Subparagraph (F) of section
            6103(l)(13) is amended by inserting ``, and any redisclosure
            authorized under clause (iii), (iv) (v), or (vi) of
            subparagraph (D),'' after `` or (C)''.
                (3) Confidentiality of return information.--
                        (A) Section 6103(a)(3), as amended by section
                    3516(a)(1) of the CARES Act, is amended by striking
                    ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and
                    inserting ``(13) (other than subparagraphs (D)(v) and
                    (D)(vi) thereof),''.
                        (B) Section 6103(p)(3)(A), as amended by section
                    3516(a)(2) of such Act, is amended by striking
                    ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and
                    inserting ``(13)(D)(iv), (13)(D)(v), (13)(D)(vi)''.
                (4) Effective date.--The amendments made by this subsection
            shall apply to disclosures made after the date of the enactment
            of the FUTURE Act (Public Law 116-91).
        (b) Amendments to the Higher Education Act of 1965.--
                (1) In general.--Section 494 of the Higher Education Act of
            1965 (20 U.S.C. 1098h(a)) is amended--
                        (A) in subsection (a)(1)--
                                (i) in the matter preceding subparagraph
                            (A), by inserting ``, including return
                            information,'' after ``financial information'';
                                (ii) in subparagraph (A)--
                                        (I) in clause (i)--
                                                (aa) by striking
                                            ``subparagraph (B), the'' and
                                            inserting the following:
                                            ``subparagraph (B)--
                                        ``(I) the''; and
                                                (bb) by adding at the end
                                            the following:
                                        ``(II) the return information of
                                    such individuals may be redisclosed
                                    pursuant to clauses (iii), (iv), (v),
                                    and (vi) of section 6103(l)(13)(D) of
                                    the Internal Revenue Code of 1986, for
                                    the relevant purposes described in such
                                    section; and''; and
                                        (II) in clause (ii), by striking
                                    ``such disclosure'' and inserting ``the
                                    disclosures described in subclauses (I)
                                    and (II) of clause (i)''; and
                                (iii) in subparagraph (B), by striking
                            ``disclosure described in subparagraph (A)(i)''
                            and inserting ``disclosures described in
                            subclauses (I) and (II) of subparagraph
                            (A)(i)'';
                        (B) in subsection (a)(2)(A)(ii), by striking
                    ``affirmatively approve the disclosure described in
                    paragraph (1)(A)(i) and agree that such approval shall
                    serve as an ongoing approval of such disclosure until
                    the date on which the individual elects to opt out of
                    such disclosure'' and inserting ``affirmatively approve
                    the disclosures described in subclauses (I) and (II) of
                    paragraph (1)(A)(i), to the extent applicable, and
                    agree that such approval shall serve as an ongoing
                    approval of such disclosures until the date on which
                    the individual elects to opt out of such disclosures'';
                    and
                        (C) by adding at the end the following:
        ``(c) Access to FAFSA Information.--
                ``(1) Redisclosure of information.--The information in a
            complete, unredacted Student Aid Report (including any return
            information disclosed under section 6103(l)(13) of the Internal
            Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with respect to
            an application described in subsection (a)(1) of an applicant
            for Federal student financial aid--
                        ``(A) upon request for such information by such
                    applicant, shall be provided to such applicant by--
                                ``(i) the Secretary; or
                                ``(ii) in a case in which the Secretary has
                            requested that institutions of higher education
                            carry out the requirements of this
                            subparagraph, an institution of higher
                            education that has received such information;
                            and
                        ``(B) with the written consent by the applicant to
                    an institution of higher education, may be provided by
                    such institution of higher education as is necessary to
                    a scholarship granting organization (including a tribal
                    organization (defined in section 4 of the Indian Self-
                    Determination and Education Assistance Act (25 U.S.C.
                    5304))), or to an organization assisting the applicant
                    in applying for and receiving Federal, State, local, or
                    tribal assistance, that is designated by the applicant
                    to assist the applicant in applying for and receiving
                    financial assistance for any component of the
                    applicant's cost of attendance (defined in section 472)
                    at that institution.
                ``(2) Discussion of information.--A discussion of the
            information in an application described in subsection (a)(1)
            (including any return information disclosed under section
            6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
            6103(l)(13)) of an applicant between an institution of higher
            education and the applicant may, with the written consent of
            the applicant, include an individual selected by the applicant
            (such as an advisor) to participate in such discussion.
                ``(3) Restriction on disclosing information.--A person
            receiving information under paragraph (1)(B) or (2) with
            respect to an applicant shall not use the information for any
            purpose other than the express purpose for which consent was
            granted by the applicant and shall not disclose such
            information to any other person without the express permission
            of, or request by, the applicant.
                ``(4) Definitions.--In this subsection:
                        ``(A) Student aid report.--The term `Student Aid
                    Report' has the meaning given the term in section 668.2
                    of title 34, Code of Federal Regulations (or successor
                    regulations).
                        ``(B) Written consent.--The term `written consent'
                    means a separate, written document that is signed and
                    dated (which may include by electronic format) by an
                    applicant, which--
                                ``(i) indicates that the information being
                            disclosed includes return information disclosed
                            under section 6103(l)(13) of the Internal
                            Revenue Code of 1986 (26 U.S.C. 6103(l)(13))
                            with respect to the applicant;
                                ``(ii) states the purpose for which the
                            information is being disclosed; and
                                ``(iii) states that the information may
                            only be used for the specific purpose and no
                            other purposes.
                ``(5) Record keeping requirement.--An institution of higher
            education shall--
                        ``(A) keep a record of each written consent made
                    under this subsection for a period of at least 3 years
                    from the date of the student's last date of attendance
                    at the institution; and
                        ``(B) make each such record readily available for
                    review by the Secretary.''.
                (2) Conforming amendment.--Section 494(a)(3) of the Higher
            Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is amended by
            striking ``paragraph (1)(A)(i)'' both places the term appears
            and inserting ``paragraph (1)(A)(i)(I)''.

    SEC. 285. 2020 ELECTION TO TERMINATE TRANSFER PERIOD FOR QUALIFIED
                  TRANSFERS FROM PENSION PLAN FOR COVERING FUTURE RETIREE
                  COSTS.

        (a) In General.--Section 420(f) is amended by adding at the end the
    following new paragraph:
                ``(7) Election to end transfer period.--
                        ``(A) In general.--In the case of an employer
                    maintaining a plan which has made a qualified future
                    transfer under this subsection, such employer may, not
                    later than December 31, 2021, elect to terminate the
                    transfer period with respect to such transfer effective
                    as of any taxable year specified by the taxpayer that
                    begins after the date of such election.
                        ``(B) Amounts transferred to plan on termination.--
                    Any assets transferred to a health benefits account, or
                    an applicable life insurance account, in a qualified
                    future transfer (and any income allocable thereto)
                    which are not used as of the effective date of the
                    election to terminate the transfer period with respect
                    to such transfer under subparagraph (A), shall be
                    transferred out of the account to the transferor plan
                    within a reasonable period of time. The transfer
                    required by this subparagraph shall be treated as an
                    employer reversion for purposes of section 4980 (other
                    than subsection (d) thereof), unless before the end of
                    the 5-year period beginning after the original transfer
                    period an equivalent amount is transferred back to such
                    health benefits account, or applicable life insurance
                    account, as the case may be. Any such transfer back
                    pursuant to the preceding sentence may be made without
                    regard to section 401(h)(1).
                        ``(C) Minimum cost requirements continue.--The
                    requirements of subsection (c)(3) and paragraph (2)(D)
                    shall apply with respect to a qualified future transfer
                    without regard to any election under subparagraph (A)
                    with respect to such transfer.
                        ``(D) Modified maintenance of funded status during
                    original transfer period.--The requirements of
                    paragraph (2)(B) shall apply without regard to any such
                    election, and clause (i) thereof shall be applied by
                    substituting `100 percent' for `120 percent' during the
                    original transfer period.
                        ``(E) Continued maintenance of funding status after
                    original transfer period.--
                                ``(i) In general.--In the case of a plan
                            with respect to which there is an excess
                            described in paragraph (2)(B)(ii) as of the
                            valuation date of the plan year in the last
                            year of the original transfer period, paragraph
                            (2)(B) shall apply for 5 years after the
                            original transfer period in the same manner as
                            during a transfer period by substituting the
                            applicable percentage for `120 percent' in
                            clause (i) thereof.
                                ``(ii) Applicable percentage.--For purposes
                            of this subparagraph, the applicable percentage
                            shall be determined under the following table:
    ``For the valuation date of the     The applicable percentage is:
            plan year in the following
            year after the original
            transfer period:
            1st................................................ 104 percent
            2nd................................................ 108 percent
            3rd................................................ 112 percent
            4th................................................ 116 percent
            5th................................................ 120 percent

                                ``(iii) Early termination of continued
                            maintenance period when 120 percent funding
                            reached.--If, as of the valuation date of any
                            plan year in the first 4 years after the
                            original transfer period with respect to a
                            qualified future transfer, there would be no
                            excess determined under this subparagraph were
                            the applicable percentage 120 percent, then
                            this subparagraph shall cease to apply with
                            respect to the plan.
                        ``(F) Original transfer period.--For purposes of
                    this paragraph, the term `original transfer period'
                    means the transfer period under this subsection with
                    respect to a qualified future transfer determined
                    without regard to the election under subparagraph
                    (A).''.
        (b) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2019.

    SEC. 286. EXTENSION OF CREDITS FOR PAID SICK AND FAMILY LEAVE.

        (a) In General.--Sections 7001(g), 7002(e), 7003(g), and 7004(e) of
    the Families First Coronavirus Response Act are each amended by
    striking ``December 31, 2020'' and inserting ``March 31, 2021''.
        (b) Coordination With Termination of Mandate.--
                (1) Payroll credit for paid sick leave.--Section 7001(c) of
            the Families First Coronavirus Response Act is amended by
            striking ``paid by an employer which'' and all that follows and
            inserting ``paid by an employer--
                ``(1) which are required to be paid by reason of the
            Emergency Paid Sick Leave Act, or
                ``(2) both--
                        ``(A) which would be so required to be paid if such
                    Act were applied--
                                ``(i) by substituting `March 31, 2021' for
                            `December 31, 2020' in section 5109 thereof,
                            and
                                ``(ii) without regard to section 5102(b)(3)
                            thereof, and
                        ``(B) with respect to which all requirements of
                    such Act (other than subsections (a) and (b) of section
                    5105 thereof, and determined by substituting `To be
                    compliant with section 5102, an employer may not' for
                    `It shall be unlawful for any employer to' in section
                    5104 thereof) which would apply if so required are
                    satisfied.''.
                (2) Credit for sick leave of self-employed individuals.--
            Section 7002(b)(2) of the Families First Coronavirus Response
            Act is amended to read as follows:
                ``(2) either--
                        ``(A) would be entitled to receive paid leave
                    during the taxable year pursuant to the Emergency Paid
                    Sick Leave Act if the individual were an employee of an
                    employer (other than himself or herself), or
                        ``(B) would be so entitled if--
                                ``(i) such Act were applied by substituting
                            `March 31, 2021' for `December 31, 2020' in
                            section 5109 thereof, and
                                ``(ii) the individual were an employee of
                            an employer (other than himself or herself).''.
                (3) Payroll credit for paid family leave.--Section 7003(c)
            of the Families First Coronavirus Response Act is amended by
            striking ``paid by an employer which'' and all that follows and
            inserting ``paid by an employer--
                ``(1) which are required to be paid by reason of the
            Emergency Family and Medical Leave Expansion Act (including the
            amendments made by such Act), or
                ``(2) both--
                        ``(A) which would be so required to be paid if
                    section 102(a)(1)(F) of the Family and Medical Leave
                    Act of 1993, as amended by the Emergency Family and
                    Medical Leave Expansion Act, were applied by
                    substituting `March 31, 2021' for `December 31, 2020',
                    and
                        ``(B) with respect to which all requirements of the
                    Family and Medical Leave Act of 1993 (other than
                    section 107 thereof, and determined by substituting `To
                    be compliant with section 102(a)(1)(F), an employer may
                    not' for `It shall be unlawful for any employer to'
                    each place it appears in subsection (a) of section 105
                    thereof, by substituting `made unlawful in this title
                    or described in this section' for `made unlawful by
                    this title' in paragraph (2) of such subsection, and by
                    substituting `To be compliant with section
                    102(a)(1)(F), an employer may not' for `It shall be
                    unlawful for any person to' in subsection (b) of such
                    section) which relate to such section 102(a)(1)(F), and
                    which would apply if so required, are satisfied.''.
                (4) Credit for family leave of self-employed individuals.--
            Section 7004(b)(2) of the Families First Coronavirus Response
            Act is amended to read as follows:
                ``(2) either--
                        ``(A) would be entitled to receive paid leave
                    during the taxable year pursuant to the Emergency
                    Family and Medical Leave Expansion Act if the
                    individual were an employee of an employer (other than
                    himself or herself), or
                        ``(B) would be so entitled if--
                                ``(i) section 102(a)(1)(F) of the Family
                            and Medical Leave Act of 1993, as amended by
                            the Emergency Family and Medical Leave
                            Expansion Act, were applied by substituting
                            `March 31, 2021' for `December 31, 2020', and
                                ``(ii) the individual were an employee of
                            an employer (other than himself or herself).''.
                (5) Coordination with certain employment taxes.--Section
            7005(a) of the Families First Coronavirus Response Act is
            amended by inserting ``(or, in the case of wages paid after
            December 31, 2020, and before April 1, 2021, with respect to
            which a credit is allowed under section 7001 or 7003)'' before
            ``shall not be considered''.
        (c) Effective Date.--The amendments made by this section shall take
    effect as if included in the provisions of the Families First
    Coronavirus Response Act to which they relate.

    SEC. 287. ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELF-EMPLOYMENT
                  IN DETERMINING AVERAGE DAILY SELF-EMPLOYMENT INCOME FOR
                  PURPOSES OF CREDITS FOR PAID SICK AND FAMILY LEAVE.

        (a) Credit for Sick Leave.--Section 7002(c) of the Families First
    Coronavirus Response Act is amended by adding at the end the following
    new paragraph:
                ``(4) Election to use prior year net earnings from self-
            employment income.--In the case of an individual who elects (at
            such time and in such manner as the Secretary, or the
            Secretary's delegate, may provide) the application of this
            paragraph, paragraph (2)(A) shall be applied by substituting
            `the prior taxable year' for `the taxable year'.''.
        (b) Credit for Family Leave.--Section 7004(c) of the Families First
    Coronavirus Response Act is amended by adding at the end the following
    new paragraph:
                ``(4) Election to use prior year net earnings from self-
            employment income.--In the case of an individual who elects (at
            such time and in such manner as the Secretary, or the
            Secretary's delegate, may provide) the application of this
            paragraph, paragraph (2)(A) shall be applied by substituting
            `the prior taxable year' for `the taxable year'.''.
        (c) Effective Date.--The amendments made by this section shall take
    effect as if included in the provisions of the Families First
    Coronavirus Response Act to which they relate.

    SEC. 288. CERTAIN TECHNICAL IMPROVEMENTS TO CREDITS FOR PAID SICK AND
                  FAMILY LEAVE.

        (a) Coordination With Application of Certain Definitions.--
                (1) In general.--Sections 7001(c) and 7003(c) of the
            Families First Coronavirus Response Act are each amended--
                        (A) by inserting ``, determined without regard to
                    paragraphs (1) through (22) of section 3121(b) of such
                    Code'' after ``as defined in section 3121(a) of the
                    Internal Revenue Code of 1986'', and
                        (B) by inserting ``, determined without regard to
                    the sentence in paragraph (1) thereof which begins
                    `Such term does not include remuneration''' after ``as
                    defined in section 3231(e) of the Internal Revenue
                    Code''.
                (2) Conforming amendments.--Sections 7001(e)(3) and
            7003(e)(3) of the Families First Coronavirus Response Act are
            each amended by striking ``Any term'' and inserting ``Except as
            otherwise provided in this section, any term''.
        (b) Coordination With Exclusion From Employment Taxes.--Sections
    7001(c) and 7003(c) of the Families First Coronavirus Response Act, as
    amended by subsection (a), are each amended--
                (1) by inserting ``and section 7005(a) of this Act,'' after
            ``determined without regard to paragraphs (1) through (22) of
            section 3121(b) of such Code'', and
                (2) by inserting ``and without regard to section 7005(a) of
            this Act'' after ``which begins `Such term does not include
            remuneration'''.
        (c) Clarification of Applicable Railroad Retirement Tax for Paid
    Leave Credits.--Sections 7001(e) and 7003(e) of the Families First
    Coronavirus Response Act, as amended by the preceding provisions of
    this Act, are each amended by adding at the end the following new
    paragraph:
                ``(4) References to railroad retirement tax.--Any reference
            in this section to the tax imposed by section 3221(a) of the
            Internal Revenue Code of 1986 shall be treated as a reference
            to so much of such tax as is attributable to the rate in effect
            under section 3111(a) of such Code.''.
        (d) Clarification of Treatment of Paid Leave for Applicable
    Railroad Retirement Tax.--Section 7005(a) of the Families First
    Coronavirus Response Act is amended by adding the following sentence at
    the end of such subsection: ``Any reference in this subsection to the
    tax imposed by section 3221(a) of such Code shall be treated as a
    reference to so much of the tax as is attributable to the rate in
    effect under section 3111(a) of such Code.''.
        (e) Clarification of Applicable Railroad Retirement Tax for
    Hospital Insurance Tax Credit.--Section 7005(b)(1) of the Families
    First Coronavirus Response Act is amended to read as follows:
                ``(1) In general.--The credit allowed by section 7001 and
            the credit allowed by section 7003 shall each be increased by
            the amount of the tax imposed by section 3111(b) of the
            Internal Revenue Code of 1986 and so much of the taxes imposed
            under section 3221(a) of such Code as are attributable to the
            rate in effect under section 3111(b) of such Code on qualified
            sick leave wages, or qualified family leave wages, for which
            credit is allowed under such section 7001 or 7003
            (respectively).''.
        (f) Effective Date.--The amendments made by this section shall take
    effect as if included in the provisions of the Families First
    Coronavirus Response Act to which they relate.

     TITLE III--CONTINUING THE PAYCHECK PROTECTION PROGRAM AND OTHER SMALL
                                BUSINESS SUPPORT

    SEC. 301. SHORT TITLE.

        This title may be cited as the ``Economic Aid to Hard-Hit Small
    Businesses, Nonprofits, and Venues Act''.

    SEC. 302. DEFINITIONS.

        In this Act:
                (1) Administration; administrator.--The terms
            ``Administration'' and ``Administrator'' mean the Small
            Business Administration and the Administrator thereof,
            respectively.
                (2) Small business concern.--The term ``small business
            concern'' has the meaning given the term in section 3 of the
            Small Business Act (15 U.S.C. 632).

    SEC. 303. EMERGENCY RULEMAKING AUTHORITY.

         Not later than 10 days after the date of enactment of this Act,
    the Administrator shall issue regulations to carry out this Act and the
    amendments made by this Act without regard to the notice requirements
    under section 553(b) of title 5, United States Code.

    SEC. 304. ADDITIONAL ELIGIBLE EXPENSES.

        (a) Allowable Use of PPP Loan.--Section 7(a)(36)(F)(i) of the Small
    Business Act (15 U.S.C. 636(a)(36)(F)(i)) is amended--
                (1) in subclause (VI), by striking ``and'' at the end;
                (2) in subclause (VII), by striking the period at the end
            and inserting a semicolon; and
                (3) by adding at the end the following:
                                        ``(VIII) covered operations
                                    expenditures, as defined in section
                                    7A(a);
                                        ``(IX) covered property damage
                                    costs, as defined in section 7A(a);
                                        ``(X) covered supplier costs, as
                                    defined in section 7A(a); and
                                        ``(XI) covered worker protection
                                    expenditures, as defined in section
                                    7A(a).''.
        (b) Loan Forgiveness.--
                (1) Transfer of section to small business act.--
                        (A) In general.--Section 1106 of the CARES Act (15
                    U.S.C. 9005) is redesignated as section 7A, transferred
                    to the Small Business Act (15 U.S.C. 631 et seq.), and
                    inserted so as to appear after section 7 of the Small
                    Business Act (15 U.S.C. 636).
                        (B) Conforming amendments to transferred section.--
                    Section 7A of the Small Business Act, as redesignated
                    and transferred by subparagraph (A) of this paragraph,
                    is amended--
                                (i) in subsection (a)(1), by striking
                            ``under paragraph (36) of section 7(a) of the
                            Small Business Act (15 U.S.C. 636(a)), as added
                            by section 1102'' and inserting ``under section
                            7(a)(36)''; and
                                (ii) in subsection (c), by striking ``of
                            the Small Business Act (15 U.S.C. 636(a))''
                            each place it appears.
                        (C) Other conforming amendments.--
                                (i) Section 1109(d)(2)(D) of the CARES Act
                            (15 U.S.C. 9008(d)(2)(D)) is amended by
                            striking ``section 1106 of this Act'' and
                            inserting ``section 7A of the Small Business
                            Act''.
                                (ii) Section 7(a)(36) of the Small Business
                            Act (15 U.S.C. 636(a)(36)) is amended--
                                        (I) in subparagraph (K), by
                                    striking ``section 1106 of the CARES
                                    Act'' and inserting ``section 7A''; and
                                        (II) in subparagraph (M)--
                                                (aa) by striking ``section
                                            1106 of the CARES Act'' each
                                            place it appears and inserting
                                            ``section 7A''; and
                                                (bb) in clause (v), by
                                            striking ``section 1106(a) of
                                            the CARES Act'' and inserting
                                            ``section 7A(a)''.
                (2) Additional eligible expenses.--Section 7A of the Small
            Business Act, as redesignated and transferred by paragraph (1)
            of this subsection, is amended--
                        (A) in subsection (a)--
                                (i) by redesignating paragraphs (6), (7),
                            and (8) as paragraphs (10), (11), and (12),
                            respectively;
                                (ii) by redesignating paragraph (5) as
                            paragraph (8);
                                (iii) by redesignating paragraph (4) as
                            paragraph (6);
                                (iv) by redesignating paragraph (3) as
                            paragraph (4);
                                (v) by inserting after paragraph (2) the
                            following:
                ``(3) the term `covered operations expenditure' means a
            payment for any business software or cloud computing service
            that facilitates business operations, product or service
            delivery, the processing, payment, or tracking of payroll
            expenses, human resources, sales and billing functions, or
            accounting or tracking of supplies, inventory, records and
            expenses;'';
                                (vi) by inserting after paragraph (4), as
                            so redesignated, the following:
                ``(5) the term `covered property damage cost' means a cost
            related to property damage and vandalism or looting due to
            public disturbances that occurred during 2020 that was not
            covered by insurance or other compensation;'';
                                (vii) by inserting after paragraph (6), as
                            so redesignated, the following:
                ``(7) the term `covered supplier cost' means an expenditure
            made by an entity to a supplier of goods for the supply of
            goods that--
                        ``(A) are essential to the operations of the entity
                    at the time at which the expenditure is made; and
                        ``(B) is made pursuant to a contract, order, or
                    purchase order--
                                ``(i) in effect at any time before the
                            covered period with respect to the applicable
                            covered loan; or
                                ``(ii) with respect to perishable goods, in
                            effect before or at any time during the covered
                            period with respect to the applicable covered
                            loan;'';
                                (viii) by inserting after paragraph (8), as
                            so redesignated, the following:
                ``(9) the term `covered worker protection expenditure'--
                        ``(A) means an operating or a capital expenditure
                    to facilitate the adaptation of the business activities
                    of an entity to comply with requirements established or
                    guidance issued by the Department of Health and Human
                    Services, the Centers for Disease Control, or the
                    Occupational Safety and Health Administration, or any
                    equivalent requirements established or guidance issued
                    by a State or local government, during the period
                    beginning on March 1, 2020 and ending the date on which
                    the national emergency declared by the President under
                    the National Emergencies Act (50 U.S.C. 1601 et seq.)
                    with respect to the Coronavirus Disease 2019 (COVID-19)
                    expires related to the maintenance of standards for
                    sanitation, social distancing, or any other worker or
                    customer safety requirement related to COVID-19;
                        ``(B) may include--
                                ``(i) the purchase, maintenance, or
                            renovation of assets that create or expand--
                                        ``(I) a drive-through window
                                    facility;
                                        ``(II) an indoor, outdoor, or
                                    combined air or air pressure
                                    ventilation or filtration system;
                                        ``(III) a physical barrier such as
                                    a sneeze guard;
                                        ``(IV) an expansion of additional
                                    indoor, outdoor, or combined business
                                    space;
                                        ``(V) an onsite or offsite health
                                    screening capability; or
                                        ``(VI) other assets relating to the
                                    compliance with the requirements or
                                    guidance described in subparagraph (A),
                                    as determined by the Administrator in
                                    consultation with the Secretary of
                                    Health and Human Services and the
                                    Secretary of Labor; and
                                ``(ii) the purchase of--
                                        ``(I) covered materials described
                                    in section 328.103(a) of title 44, Code
                                    of Federal Regulations, or any
                                    successor regulation;
                                        ``(II) particulate filtering
                                    facepiece respirators approved by the
                                    National Institute for Occupational
                                    Safety and Health, including those
                                    approved only for emergency use
                                    authorization; or
                                        ``(III) other kinds of personal
                                    protective equipment, as determined by
                                    the Administrator in consultation with
                                    the Secretary of Health and Human
                                    Services and the Secretary of Labor;
                                    and
                        ``(C) does not include residential real property or
                    intangible property;''; and
                                (ix) in paragraph (11), as so
                            redesignated--
                                        (I) in subparagraph (C), by
                                    striking ``and'' at the end;
                                        (II) in subparagraph (D), by
                                    striking ``and'' at the end; and
                                        (III) by adding at the end the
                                    following:
                        ``(E) covered operations expenditures;
                        ``(F) covered property damage costs;
                        ``(G) covered supplier costs; and
                        ``(H) covered worker protection expenditures;
                    and'';
                        (B) in subsection (b), by adding at the end the
                    following:
                ``(5) Any covered operations expenditure.
                ``(6) Any covered property damage cost.
                ``(7) Any covered supplier cost.
                ``(8) Any covered worker protection expenditure.'';
                        (C) in subsection (d)(8), by inserting ``any
                    payment on any covered operations expenditure, any
                    payment on any covered property damage cost, any
                    payment on any covered supplier cost, any payment on
                    any covered worker protection expenditure,'' after
                    ``rent obligation,''; and
                        (D) in subsection (e)--
                                (i) in paragraph (2)--
                                        (I) by inserting ``purchase orders,
                                    orders, invoices,'' before ``or other
                                    documents''; and
                                        (II) by striking ``covered lease
                                    obligations,'' and inserting ``covered
                                    rent obligations, payments on covered
                                    operations expenditures, payments on
                                    covered property damage costs, payments
                                    on covered supplier costs, payments on
                                    covered worker protection
                                    expenditures,''; and
                                (ii) in paragraph (3)(B), by inserting
                            ``make payments on covered operations
                            expenditures, make payments on covered property
                            damage costs, make payments on covered supplier
                            costs, make payments on covered worker
                            protection expenditures,'' after ``rent
                            obligation,''.
        (c) Effective Date; Applicability.--
                (1) In general.--Except as provided in paragraph (2), the
            amendments made by subsections (a) and (b) shall be effective
            as if included in the CARES Act (Public Law 116-136; 134 Stat.
            281) and shall apply to any loan made pursuant to section
            7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36))
            before, on, or after the date of enactment of this Act,
            including forgiveness of such a loan.
                (2) Exclusion of loans already forgiven.--The amendments
            made by subsections (a) and (b) shall not apply to a loan made
            pursuant to section 7(a)(36) of the Small Business Act (15
            U.S.C. 636(a)(36)) for which the borrower received forgiveness
            before the date of enactment of this Act under section 1106 of
            the CARES Act, as in effect on the day before such date of
            enactment.

    SEC. 305. HOLD HARMLESS.

        (a) In General.--Subsection (h) of section 7A of the Small Business
    Act, as redesignated and transferred by section 304 of this Act, is
    amended to read as follows:
        ``(h) Hold Harmless.--
                ``(1) Definition.--In this subsection, the term `initial or
            second draw PPP loan' means a covered loan or a loan under
            paragraph (37) of section 7(a).
                ``(2) Reliance.--A lender may rely on any certification or
            documentation submitted by an applicant for an initial or
            second draw PPP loan or an eligible recipient or eligible
            entity receiving initial or second draw PPP loan that--
                        ``(A) is submitted pursuant to all applicable
                    statutory requirements, regulations, and guidance
                    related to initial or second draw PPP loan, including
                    under paragraph (36) or (37) of section 7(a) and under
                    this section; and
                        ``(B) attests that the applicant, eligible
                    recipient, or eligible entity, as applicable, has
                    accurately provided the certification or documentation
                    to the lender in accordance with the statutory
                    requirements, regulations, and guidance described in
                    subparagraph (A).
                ``(3) No enforcement action.--With respect to a lender that
            relies on a certification or documentation described in
            paragraph (2) related to an initial or second draw PPP loan, an
            enforcement action may not be taken against the lender, and the
            lender shall not be subject to any penalties relating to loan
            origination or forgiveness of the initial or second draw PPP
            loan, if--
                        ``(A) the lender acts in good faith relating to
                    loan origination or forgiveness of the initial or
                    second draw PPP loan based on that reliance; and
                        ``(B) all other relevant Federal, State, local, and
                    other statutory and regulatory requirements applicable
                    to the lender are satisfied with respect to the initial
                    or second draw PPP loan.''.
        (b) Effective Date; Applicability.--The amendment made by
    subsection (a) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made
    pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) before, on, or after the date of enactment of this Act,
    including forgiveness of such a loan.

    SEC. 306. SELECTION OF COVERED PERIOD FOR FORGIVENESS.

        Section 7A of the Small Business Act, as redesignated and
    transferred by section 304 of this Act, is amended--

                        (A) by amending paragraph (4) of subsection (a), as
                    so redesignated by section 304(b) of this Act, to read
                    as follows:
                ``(4) the term `covered period' means the period--
                        ``(A) beginning on the date of the origination of a
                    covered loan; and
                        ``(B) ending on a date selected by the eligible
                    recipient of the covered loan that occurs during the
                    period--
                                ``(i) beginning on the date that is 8 weeks
                            after such date of origination; and
                                ``(ii) ending on the date that is 24 weeks
                            after such date of origination;''; and
                (1) by striking subsection (l).

    SEC. 307. SIMPLIFIED FORGIVENESS APPLICATION.

        (a) In General.--Section 7A of the Small Business Act, as
    redesignated and transferred by section 304 of this Act, and as amended
    by section 306 of this Act, is amended--
                (1) in subsection (e), in the matter preceding paragraph
            (1), by striking ``An eligible'' and inserting ``Except as
            provided in subsection (l), an eligible'';
                (2) in subsection (f), by inserting ``or the certification
            required under subsection (l), as applicable'' after
            ``subsection (e)''; and
                (3) by adding at the end the following:
        ``(l) Simplified Application.--
                ``(1) Covered loans up to $150,000.--
                        ``(A) In general .--With respect to a covered loan
                    made to an eligible recipient that is not more than
                    $150,000, the covered loan amount shall be forgiven
                    under this section if the eligible recipient--
                                ``(i) signs and submits to the lender a
                            certification, to be established by the
                            Administrator not later than 24 days after the
                            date of enactment of the Economic Aid to Hard-
                            Hit Small Businesses, Nonprofits, and Venues
                            Act, which--
                                        ``(I) shall be not more than 1 page
                                    in length; and
                                        ``(II) shall only require the
                                    eligible recipient to provide--
                                                ``(aa) a description of the
                                            number of employees the
                                            eligible recipient was able to
                                            retain because of the covered
                                            loan;
                                                ``(bb) the estimated amount
                                            of the covered loan amount
                                            spent by the eligible recipient
                                            on payroll costs; and
                                                ``(cc) the total loan
                                            value;
                                ``(ii) attests that the eligible recipient
                            has--
                                        ``(I) accurately provided the
                                    required certification; and
                                        ``(II) complied with the
                                    requirements under section 7(a)(36);
                                    and
                                ``(iii) retains records relevant to the
                            form that prove compliance with such
                            requirements--
                                        ``(I) with respect to employment
                                    records, for the 4-year period
                                    following submission of the form; and
                                        ``(II) with respect to other
                                    records, for the 3-year period
                                    following submission of the form.
                        ``(B) Limitation on requiring additional
                    materials.--An eligible recipient of a covered loan
                    that is not more than $150,000 shall not, at the time
                    of the application for forgiveness, be required to
                    submit any application or documentation in addition to
                    the certification and information required to
                    substantiate forgiveness.
                        ``(C) Records for other requirements.--Nothing in
                    subparagraph (A) or (B) shall be construed to exempt an
                    eligible recipient from having to provide documentation
                    independently to a lender to satisfy relevant Federal,
                    State, local, or other statutory or regulatory
                    requirements, or in connection with an audit as
                    authorized under subparagraph (E).
                        ``(D) Demographic information.--The certification
                    established by the Administrator under subparagraph (A)
                    shall include a means by which an eligible recipient
                    may, at the discretion of the eligible recipient,
                    submit demographic information of the owner of the
                    eligible recipient, including the sex, race, ethnicity,
                    and veteran status of the owner.
                        ``(E) Audit authority.--The Administrator may--
                                ``(i) review and audit covered loans
                            described in subparagraph (A);
                                ``(ii) access any records described in
                            subparagraph (A)(iii); and
                                ``(iii) in the case of fraud,
                            ineligibility, or other material noncompliance
                            with applicable loan or loan forgiveness
                            requirements, modify--
                                        ``(I) the amount of a covered loan
                                    described in subparagraph (A); or
                                        ``(II) the loan forgiveness amount
                                    with respect to a covered loan
                                    described in subparagraph (A).
                ``(2) Covered loans of more than $150,000.--
                        ``(A) In general.--With respect to a covered loan
                    in an amount that is more than $150,000, the eligible
                    recipient shall submit to the lender that is servicing
                    the covered loan the documentation described in
                    subsection (e).
                        ``(B) Demographic information.--The process for
                    submitting the documentation described in subsection
                    (e) shall include a means by which an eligible
                    recipient may, at the discretion of the eligible
                    recipient, submit demographic information of the owner
                    of the eligible recipient, including the sex, race,
                    ethnicity, and veteran status of the owner.
                ``(3) Forgiveness audit plan.--
                        ``(A) In general.--Not later than 45 days after the
                    date of enactment of the Economic Aid to Hard-Hit Small
                    Businesses, Nonprofits, and Venues Act, the
                    Administrator shall submit to the Committee on Small
                    Business and Entrepreneurship of the Senate and the
                    Committee on Small Business of the House of
                    Representatives an audit plan that details--
                                ``(i) the policies and procedures of the
                            Administrator for conducting forgiveness
                            reviews and audits of covered loans; and
                                ``(ii) the metrics that the Administrator
                            shall use to determine which covered loans will
                            be audited.
                        ``(B) Reports.--Not later than 30 days after the
                    date on which the Administrator submits the audit plan
                    required under subparagraph (A), and each month
                    thereafter, the Administrator shall submit to the
                    Committee on Small Business and Entrepreneurship of the
                    Senate and the Committee on Small Business of the House
                    of Representatives a report on the forgiveness review
                    and audit activities of the Administrator under this
                    subsection, which shall include--
                                ``(i) the number of active reviews and
                            audits;
                                ``(ii) the number of reviews and audits
                            that have been ongoing for more than 60 days;
                            and
                                ``(iii) any substantial changes made to the
                            audit plan submitted under subparagraph (A).''.
        (b) Effective Date; Applicability.--The amendments made by
    subsection (a) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made
    pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) before, on, or after the date of enactment of this Act,
    including forgiveness of such a loan.

    SEC. 308. SPECIFIC GROUP INSURANCE PAYMENTS AS PAYROLL COSTS.

        (a) In General.--Section 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small
    Business Act (15 U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by
    inserting ``or group life, disability, vision, or dental insurance''
    before ``benefits''.
        (b) Effective Date; Applicability.--The amendment made by
    subsection (a) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made
    pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) before, on, or after the date of enactment of this Act,
    including forgiveness of such a loan.

    SEC. 309. DEMOGRAPHIC INFORMATION.

        On and after the date of enactment of this Act, any loan
    origination application for a loan under paragraph (36) or (37) of
    section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended
    and added by this division, shall include a means by which the
    applicant for the loan may, at the discretion of the applicant, submit
    demographic information of the owner of the recipient of the loan,
    including the sex, race, ethnicity, and veteran status of the owner.

    SEC. 310. CLARIFICATION OF AND ADDITIONAL LIMITATIONS ON ELIGIBILITY.

        (a) Date in Operation.--
                (1) In general.--Section 7(a)(36) of the Small Business Act
            (15 U.S.C. 636(a)(36)) is amended by adding at the end the
            following:
                        ``(T) Requirement for date in operation.--A
                    business or organization that was not in operation on
                    February 15, 2020 shall not be eligible for a loan
                    under this paragraph.''.
                (2) Effective date; applicability.--The amendment made by
            paragraph (1) shall be effective as if included in the CARES
            Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
            loan made pursuant to section 7(a)(36) of the Small Business
            Act (15 U.S.C. 636(a)(36)) before, on, or after the date of
            enactment of this Act, including forgiveness of such a loan.
        (b) Exclusion of Entities Receiving Shuttered Venue Operator
    Grants.--Section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)), as amended by subsection (a) of this section, is amended
    by adding at the end the following:
                        ``(U) Exclusion of entities receiving shuttered
                    venue operator grants.--An eligible person or entity
                    (as defined under of section 24 of the Economic Aid to
                    Hard-Hit Small Businesses, Nonprofits, and Venues Act)
                    that receives a grant under such section 24 shall not
                    be eligible for a loan under this paragraph.''.

    SEC. 311. PAYCHECK PROTECTION PROGRAM SECOND DRAW LOANS.

        (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
    636(a)) is amended by adding at the end the following:
                ``(37) Paycheck protection program second draw loans.--
                        ``(A) Definitions.--In this paragraph--
                                ``(i) the terms `eligible self-employed
                            individual', `housing cooperative', `nonprofit
                            organization', `payroll costs', `seasonal
                            employer', and `veterans organization' have the
                            meanings given those terms in paragraph (36),
                            except that `eligible entity' shall be
                            substituted for `eligible recipient' each place
                            it appears in the definitions of those terms;
                                ``(ii) the term `covered loan' means a loan
                            made under this paragraph;
                                ``(iii) the terms `covered mortgage
                            obligation', `covered operating expenditure',
                            `covered property damage cost', `covered rent
                            obligation', `covered supplier cost', `covered
                            utility payment', and `covered worker
                            protection expenditure' have the meanings given
                            those terms in section 7A(a);
                                ``(iv) the term `eligible entity'--
                                        ``(I) means any business concern,
                                    nonprofit organization, housing
                                    cooperative, veterans organization,
                                    Tribal business concern, eligible self-
                                    employed individual, sole proprietor,
                                    independent contractor, or small
                                    agricultural cooperative that--
                                                ``(aa) employs not more
                                            than 300 employees; and
                                                ``(bb)(AA) except as
                                            provided in subitems (BB),
                                            (CC), and (DD), had gross
                                            receipts during the first,
                                            second, third, or, only with
                                            respect to an application
                                            submitted on or after January
                                            1, 2021, fourth quarter in 2020
                                            that demonstrate not less than
                                            a 25 percent reduction from the
                                            gross receipts of the entity
                                            during the same quarter in
                                            2019;
                                                ``(BB) if the entity was
                                            not in business during the
                                            first or second quarter of
                                            2019, but was in business
                                            during the third and fourth
                                            quarter of 2019, had gross
                                            receipts during the first,
                                            second, third, or, only with
                                            respect to an application
                                            submitted on or after January
                                            1, 2021, fourth quarter of 2020
                                            that demonstrate not less than
                                            a 25 percent reduction from the
                                            gross receipts of the entity
                                            during the third or fourth
                                            quarter of 2019;
                                                ``(CC) if the entity was
                                            not in business during the
                                            first, second, or third quarter
                                            of 2019, but was in business
                                            during the fourth quarter of
                                            2019, had gross receipts during
                                            the first, second, third, or,
                                            only with respect to an
                                            application submitted on or
                                            after January 1, 2021, fourth
                                            quarter of 2020 that
                                            demonstrate not less than a 25
                                            percent reduction from the
                                            gross receipts of the entity
                                            during the fourth quarter of
                                            2019; or
                                                ``(DD) if the entity was
                                            not in business during 2019,
                                            but was in operation on
                                            February 15, 2020, had gross
                                            receipts during the second,
                                            third, or, only with respect to
                                            an application submitted on or
                                            after January 1, 2021, fourth
                                            quarter of 2020 that
                                            demonstrate not less than a 25
                                            percent reduction from the
                                            gross receipts of the entity
                                            during the first quarter of
                                            2020;
                                        ``(II) includes a business concern
                                    or organization made eligible for a
                                    loan under paragraph (36) under clause
                                    (iii)(II), (iv)(IV), or (vii) of
                                    subparagraph (D) of paragraph (36) and
                                    that meets the requirements described
                                    in items (aa) and (bb) of subclause
                                    (I); and
                                        ``(III) does not include--
                                                ``(aa) any entity that is a
                                            type of business concern (or
                                            would be, if such entity were a
                                            business concern) described in
                                            section 120.110 of title 13,
                                            Code of Federal Regulations (or
                                            in any successor regulation or
                                            other related guidance or rule
                                            that may be issued by the
                                            Administrator) other than a
                                            business concern described in
                                            subsection (a) or (k) of such
                                            section; or
                                                ``(bb) any business concern
                                            or entity primarily engaged in
                                            political or lobbying
                                            activities, which shall include
                                            any entity that is organized
                                            for research or for engaging in
                                            advocacy in areas such as
                                            public policy or political
                                            strategy or otherwise describes
                                            itself as a think tank in any
                                            public documents;
                                                ``(cc) any business concern
                                            or entity--

                                                        ``(AA) for which an
                                                    entity created in or
                                                    organized under the
                                                    laws of the People's
                                                    Republic of China or
                                                    the Special
                                                    Administrative Region
                                                    of Hong Kong, or that
                                                    has significant
                                                    operations in the
                                                    People's Republic of
                                                    China or the Special
                                                    Administrative Region
                                                    of Hong Kong, owns or
                                                    holds, directly or
                                                    indirectly, not less
                                                    than 20 percent of the
                                                    economic interest of
                                                    the business concern or
                                                    entity, including as
                                                    equity shares or a
                                                    capital or profit
                                                    interest in a limited
                                                    liability company or
                                                    partnership; or

                                                        ``(BB) that
                                                    retains, as a member of
                                                    the board of directors
                                                    of the business
                                                    concern, a person who
                                                    is a resident of the
                                                    People's Republic of
                                                    China;

                                                ``(dd) any person required
                                            to submit a registration
                                            statement under section 2 of
                                            the Foreign Agents Registration
                                            Act of 1938 (22 U.S.C. 612); or
                                                ``(ee) an eligible person
                                            or entity (as defined under
                                            section 24 of the Economic Aid
                                            to Hard-Hit Small Businesses,
                                            Nonprofits, and Venues Act)
                                            that receives a grant under
                                            such section 24; and
                                ``(v) the term `Tribal business concern'
                            means a Tribal business concern described in
                            section 31(b)(2)(C).
                        ``(B) Loans.--Except as otherwise provided in this
                    paragraph, the Administrator may guarantee covered
                    loans to eligible entities under the same terms,
                    conditions, and processes as a loan made under
                    paragraph (36).
                        ``(C) Maximum loan amount.--
                                ``(i) In general.--Except as otherwise
                            provided in this subparagraph, the maximum
                            amount of a covered loan made to an eligible
                            entity is the lesser of--
                                        ``(I) the product obtained by
                                    multiplying--
                                                ``(aa) at the election of
                                            the eligible entity, the
                                            average total monthly payment
                                            for payroll costs incurred or
                                            paid by the eligible entity
                                            during--

                                                        ``(AA) the 1-year
                                                    period before the date
                                                    on which the loan is
                                                    made; or

                                                        ``(BB) calendar
                                                    year 2019; by

                                                ``(bb) 2.5; or
                                        ``(II) $2,000,000.
                                ``(ii) Seasonal employers.--The maximum
                            amount of a covered loan made to an eligible
                            entity that is a seasonal employer is the
                            lesser of--
                                        ``(I) the product obtained by
                                    multiplying--
                                                ``(aa) at the election of
                                            the eligible entity, the
                                            average total monthly payments
                                            for payroll costs incurred or
                                            paid by the eligible entity for
                                            any 12-week period between
                                            February 15, 2019 and February
                                            15, 2020; by
                                                ``(bb) 2.5; or
                                        ``(II) $2,000,000.
                                ``(iii) New entities.--The maximum amount
                            of a covered loan made to an eligible entity
                            that did not exist during the 1-year period
                            preceding February 15, 2020 is the lesser of--
                                        ``(I) the product obtained by
                                    multiplying--
                                                ``(aa) the quotient
                                            obtained by dividing--

                                                        ``(AA) the sum of
                                                    the total monthly
                                                    payments by the
                                                    eligible entity for
                                                    payroll costs paid or
                                                    incurred by the
                                                    eligible entity as of
                                                    the date on which the
                                                    eligible entity applies
                                                    for the covered loan;
                                                    by

                                                        ``(BB) the number
                                                    of months in which
                                                    those payroll costs
                                                    were paid or incurred;
                                                    by

                                                ``(bb) 2.5; or
                                        ``(II) $2,000,000.
                                ``(iv) NAICS 72 entities.--The maximum
                            amount of a covered loan made to an eligible
                            entity that is assigned a North American
                            Industry Classification System code beginning
                            with 72 at the time of disbursal is the lesser
                            of--
                                        ``(I) the product obtained by
                                    multiplying--
                                                ``(aa) at the election of
                                            the eligible entity, the
                                            average total monthly payment
                                            for payroll costs incurred or
                                            paid by the eligible entity
                                            during--

                                                        ``(AA) the 1-year
                                                    period before the date
                                                    on which the loan is
                                                    made; or

                                                        ``(BB) calendar
                                                    year 2019; by

                                                ``(bb) 3.5; or
                                        ``(II) $2,000,000.
                        ``(D) Business concerns with more than 1 physical
                    location.--
                                ``(i) In general.--For a business concern
                            with more than 1 physical location, the
                            business concern shall be an eligible entity if
                            the business concern would be eligible for a
                            loan under paragraph (36) pursuant to clause
                            (iii) of subparagraph (D) of such paragraph, as
                            applied in accordance with clause (ii) of this
                            subparagraph, and meets the revenue reduction
                            requirements described in item (bb) of
                            subparagraph (A)(iv)(I).
                                ``(ii) Size limit.--For purposes of
                            applying clause (i), the Administrator shall
                            substitute `not more than 300 employees' for
                            `not more than 500 employees' in paragraph
                            (36)(D)(iii).
                        ``(E) Waiver of affiliation rules.--
                                ``(i) In general.--The waiver described in
                            paragraph (36)(D)(iv) shall apply for purposes
                            of determining eligibility under this
                            paragraph.
                                ``(ii) Size limit.--For purposes of
                            applying clause (i), the Administrator shall
                            substitute `not more than 300 employees' for
                            `not more than 500 employees' in subclause (I)
                            and (IV) of paragraph (36)(D)(iv).
                        ``(F) Loan number limitation.--An eligible entity
                    may only receive 1 covered loan.
                        ``(G) Exception from certain certification
                    requirements.--An eligible entity applying for a
                    covered loan shall not be required to make the
                    certification described in clause (iii) or (iv) of
                    paragraph (36)(G).
                        ``(H) Fee waiver.--With respect to a covered loan--
                                ``(i) in lieu of the fee otherwise
                            applicable under paragraph (23)(A), the
                            Administrator shall collect no fee; and
                                ``(ii) in lieu of the fee otherwise
                            applicable under paragraph (18)(A), the
                            Administrator shall collect no fee.
                        ``(I) Gross receipts and simplified certification
                    of revenue test.--
                                ``(i) Loans of up to $150,000.--For a
                            covered loan of not more than $150,000, the
                            eligible entity--
                                        ``(I) may submit a certification
                                    attesting that the eligible entity
                                    meets the applicable revenue loss
                                    requirement under subparagraph
                                    (A)(iv)(I)(bb); and
                                        ``(II) if the eligible entity
                                    submits a certification under subclause
                                    (I), shall, on or before the date on
                                    which the eligible entity submits an
                                    application for forgiveness under
                                    subparagraph (J), produce adequate
                                    documentation that the eligible entity
                                    met such revenue loss standard.
                                ``(ii) For nonprofit and veterans
                            organizations.--For purposes of calculating
                            gross receipts under subparagraph
                            (A)(iv)(I)(bb) for an eligible entity that is a
                            nonprofit organization, a veterans
                            organization, or an organization described in
                            subparagraph (A)(iv)(II), gross receipts means
                            gross receipts within the meaning of section
                            6033 of the Internal Revenue Code of 1986.
                        ``(J) Loan forgiveness.--
                                ``(i) Definition of covered period.--In
                            this subparagraph, the term `covered period'
                            has the meaning given that term in section
                            7A(a).
                                ``(ii) Forgiveness generally.--Except as
                            otherwise provided in this subparagraph, an
                            eligible entity shall be eligible for
                            forgiveness of indebtedness on a covered loan
                            in the same manner as an eligible recipient
                            with respect to a loan made under paragraph
                            (36) of this section, as described in section
                            7A.
                                ``(iii) Forgiveness amount.--An eligible
                            entity shall be eligible for forgiveness of
                            indebtedness on a covered loan in an amount
                            equal to the sum of the following costs
                            incurred or expenditures made during the
                            covered period:
                                        ``(I) Payroll costs, excluding any
                                    payroll costs that are--
                                                ``(aa) qualified wages, as
                                            defined in subsection (c)(3) of
                                            section 2301 of the CARES Act
                                            (26 U.S.C. 3111 note), taken
                                            into account in determining the
                                            credit allowed under such
                                            section; or
                                                ``(bb) qualified wages
                                            taken into account in
                                            determining the credit allowed
                                            under subsection (a) or (d) of
                                            section 303 of the Taxpayer
                                            Certainty and Disaster Relief
                                            Act of 2020.
                                        ``(II) Any payment of interest on
                                    any covered mortgage obligation (which
                                    shall not include any prepayment of or
                                    payment of principal on a covered
                                    mortgage obligation).
                                        ``(III) Any covered operations
                                    expenditure.
                                        ``(IV) Any covered property damage
                                    cost.
                                        ``(V) Any payment on any covered
                                    rent obligation.
                                        ``(VI) Any covered utility payment.
                                        ``(VII) Any covered supplier cost.
                                        ``(VIII) Any covered worker
                                    protection expenditure.
                                ``(iv) Limitation on forgiveness for all
                            eligible entities.--Subject to any reductions
                            under section 7A(d), the forgiveness amount
                            under this subparagraph shall be equal to the
                            lesser of--
                                        ``(I) the amount described in
                                    clause (ii); and
                                        ``(II) the amount equal to the
                                    quotient obtained by dividing--
                                                ``(aa) the amount of the
                                            covered loan used for payroll
                                            costs during the covered
                                            period; and
                                                ``(bb) 0.60.
                                ``(v) Submission of materials for
                            forgiveness.--For purposes of applying
                            subsection (l)(1) of section 7A to a covered
                            loan of not more than $150,000 under this
                            paragraph, an eligible entity may be required
                            to provide, at the time of the application for
                            forgiveness, documentation required to
                            substantiate revenue loss in accordance with
                            subparagraph (I).
                        ``(K) Lender eligibility.--Except as otherwise
                    provided in this paragraph, a lender approved to make
                    loans under paragraph (36) may make covered loans under
                    the same terms and conditions as in paragraph (36).
                        ``(L) Reimbursement for loan processing and
                    servicing.--The Administrator shall reimburse a lender
                    authorized to make a covered loan--
                                ``(i) for a covered loan of not more than
                            $50,000, in an amount equal to the lesser of--
                                        ``(I) 50 percent of the balance of
                                    the financing outstanding at the time
                                    of disbursement of the covered loan; or
                                        ``(II) $2,500;
                                ``(ii) at a rate, based on the balance of
                            the financing outstanding at the time of
                            disbursement of the covered loan, of--
                                        ``(I) 5 percent for a covered loan
                                    of more than $50,000 and not more than
                                    $350,000; and
                                        ``(II) 3 percent for a covered loan
                                    of more than $350,000.
                        ``(M) Publication of guidance.--Not later than 10
                    days after the date of enactment of this paragraph, the
                    Administrator shall issue guidance addressing barriers
                    to accessing capital for minority, underserved,
                    veteran, and women-owned business concerns for the
                    purpose of ensuring equitable access to covered loans.
                        ``(N) Standard operating procedure.--The
                    Administrator shall, to the maximum extent practicable,
                    allow a lender approved to make covered loans to use
                    existing program guidance and standard operating
                    procedures for loans made under this subsection.
                        ``(O) Supplemental covered loans.--A covered loan
                    under this paragraph may only be made to an eligible
                    entity that--
                                ``(i) has received a loan under paragraph
                            (36); and
                                ``(ii) on or before the expected date on
                            which the covered loan under this paragraph is
                            disbursed to the eligible entity, has used, or
                            will use, the full amount of the loan received
                            under paragraph (36).''.
        (b) Application of Exemption Based on Employee Availability.--
                (1) In general.--Section 7A(d) of the Small Business Act,
            as redesignated and transferred by section 304 of this Act, is
            amended--
                        (A) in paragraph (5)(B), by inserting ``(or, with
                    respect to a covered loan made on or after the date of
                    enactment of the Economic Aid to Hard-Hit Small
                    Businesses, Nonprofits, and Venues Act, not later than
                    the last day of the covered period with respect to such
                    covered loan)'' after ``December 31, 2020'' each place
                    it appears; and
                        (B) in paragraph (7)--
                                (i) by inserting ``(or, with respect to a
                            covered loan made on or after the date of
                            enactment of the Economic Aid to Hard-Hit Small
                            Businesses, Nonprofits, and Venues Act, ending
                            on the last day of the covered period with
                            respect to such covered loan)'' after
                            ``December 31, 2020'' the first and third
                            places it appears; and
                                (ii) by inserting ``(or, with respect to a
                            covered loan made on or after the date of
                            enactment of the Economic Aid to Hard-Hit Small
                            Businesses, Nonprofits, and Venues Act, on or
                            before the last day of the covered period with
                            respect to such covered loan)'' after
                            ``December 31, 2020'' the second place it
                            appears.
                (2) Modification of dates.--The Administrator and the
            Secretary of the Treasury may jointly, by regulation, modify
            any date in section 7A(d) of the Small Business Act, as
            redesignated and transferred by section 304 of this Act, other
            than a deadline established under an amendment made by
            paragraph (1), in a manner consistent with the purposes of the
            Paycheck Protection Program to help businesses retain workers
            and meet financial obligations.
        (c) Eligible Churches and Religious Organizations.--
                (1) Sense of congress.--It is the sense of Congress that
            the interim final rule of the Administration entitled
            ``Business Loan Program Temporary Changes; Paycheck Protection
            Program'' (85 Fed. Reg. 20817 (April 15, 2020)) properly
            clarified the eligibility of churches and religious
            organizations for loans made under paragraph (36) of section
            7(a) of the Small Business Act (15 U.S.C. 636(a)).
                (2) Applicability of prohibition.--The prohibition on
            eligibility established by section 120.110(k) of title 13, Code
            of Federal Regulations, or any successor regulation, shall not
            apply to a loan under paragraph (36) of section 7(a) of the
            Small Business Act (15 U.S.C. 636(a)).

    SEC. 312. INCREASED ABILITY FOR PAYCHECK PROTECTION PROGRAM BORROWERS
                  TO REQUEST AN INCREASE IN LOAN AMOUNT DUE TO UPDATED
                  REGULATIONS.

        (a) Definitions.--In this section--
                (1) the terms ``covered loan'' and ``eligible recipient''
            have the meanings given those terms in 7(a)(36)(A) of the Small
            Business Act (15 U.S.C. 636(a)(36)(A)); and
                (2) the term ``included covered loan'' means a covered loan
            for which, as of the date of enactment of this Act, the
            borrower had not received forgiveness under section 1106 of the
            CARES Act, as in effect on the day before such date of
            enactment.
        (b) Rules or Guidance.--Not later than 17 days after the date of
    enactment of this Act, and without regard to the notice requirements
    under section 553(b) of title 5, United States Code, the Administrator
    shall issue rules or guidance to ensure that an eligible recipient of
    an included covered loan that returns amounts disbursed under the
    included covered loan or does not accept the full amount of the
    included covered loan for which the eligible recipient was approved--
                (1) in the case of an eligible recipient that returned all
            or part of an included covered loan, the eligible recipient may
            reapply for a covered loan for an amount equal to the
            difference between the amount retained and the maximum amount
            applicable; and
                (2) in the case of an eligible recipient that did not
            accept the full amount of an included covered loan, the
            eligible recipient may request a modification to increase the
            amount of the covered loan to the maximum amount applicable,
            subject to the requirements of section 7(a)(36) of the Small
            Business Act (15 U.S.C. 636(a)(36)).
        (c) Interim Final Rules.--Notwithstanding the interim final rule
    issued by the Administration entitled ``Business Loan Program Temporary
    Changes; Paycheck Protection Program--Loan Increases'' (85 Fed. Reg.
    29842 (May 19, 2020)), an eligible recipient of an included covered
    loan that is eligible for an increased covered loan amount as a result
    of any interim final rule that allows for covered loan increases may
    submit a request for an increase in the included covered loan amount
    even if--
                (1) the initial covered loan amount has been fully
            disbursed; or
                (2) the lender of the initial covered loan has submitted to
            the Administration a Form 1502 report related to the covered
            loan.

    SEC. 313. CALCULATION OF MAXIMUM LOAN AMOUNT FOR FARMERS AND RANCHERS
                  UNDER THE PAYCHECK PROTECTION PROGRAM.

        (a) In General.--Section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)), as amended by section 310 of this Act, is amended--
                (1) in subparagraph (E), in the matter preceding clause
            (i), by striking ``During'' and inserting ``Except as provided
            in subparagraph (V), during''; and
                (2) by adding at the end the following:
                        ``(V) Calculation of maximum loan amount for
                    farmers and ranchers.--
                                ``(i) Definition.--In this subparagraph,
                            the term `covered recipient' means an eligible
                            recipient that--
                                        ``(I) operates as a sole
                                    proprietorship or as an independent
                                    contractor, or is an eligible self-
                                    employed individual;
                                        ``(II) reports farm income or
                                    expenses on a Schedule F (or any
                                    equivalent successor schedule); and
                                        ``(III) was in business as of
                                    February 15, 2020.
                                ``(ii) No employees.--With respect to
                            covered recipient without employees, the
                            maximum covered loan amount shall be the lesser
                            of--
                                        ``(I) the sum of--
                                                ``(aa) the product obtained
                                            by multiplying--

                                                        ``(AA) the gross
                                                    income of the covered
                                                    recipient in 2019, as
                                                    reported on a Schedule
                                                    F (or any equivalent
                                                    successor schedule),
                                                    that is not more than
                                                    $100,000, divided by
                                                    12; and

                                                        ``(BB) 2.5; and

                                                ``(bb) the outstanding
                                            amount of a loan under
                                            subsection (b)(2) that was made
                                            during the period beginning on
                                            January 31, 2020 and ending on
                                            April 3, 2020 that the borrower
                                            intends to refinance under the
                                            covered loan, not including any
                                            amount of any advance under the
                                            loan that is not required to be
                                            repaid; or
                                        ``(II) $2,000,000.
                                ``(iii) With employees.--With respect to a
                            covered recipient with employees, the maximum
                            covered loan amount shall be calculated using
                            the formula described in subparagraph (E),
                            except that the gross income of the covered
                            recipient described in clause (ii)(I)(aa)(AA)
                            of this subparagraph, as divided by 12, shall
                            be added to the sum calculated under
                            subparagraph (E)(i)(I).
                                ``(iv) Recalculation.--A lender that made a
                            covered loan to a covered recipient before the
                            date of enactment of this subparagraph may, at
                            the request of the covered recipient--
                                        ``(I) recalculate the maximum loan
                                    amount applicable to that covered loan
                                    based on the formula described in
                                    clause (ii) or (iii), as applicable, if
                                    doing so would result in a larger
                                    covered loan amount; and
                                        ``(II) provide the covered
                                    recipient with additional covered loan
                                    amounts based on that recalculation.''.
        (b) Effective Date; Applicability.--
                (1) In general.--Except as provided in paragraph (2), the
            amendments made by subsection (a) shall be effective as if
            included in the CARES Act (Public Law 116-136; 134 Stat. 281)
            and shall apply to any loan made pursuant to section 7(a)(36)
            of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or
            after the date of enactment of this Act, including forgiveness
            of such a loan.
                (2) Exclusion of loans already forgiven.--The amendments
            made by subsection (a) shall not apply to a loan made pursuant
            to section 7(a)(36) of the Small Business Act (15 U.S.C.
            636(a)(36)) for which the borrower received forgiveness before
            the date of enactment of this Act under section 1106 of the
            CARES Act, as in effect on the day before such date of
            enactment.

    SEC. 314. FARM CREDIT SYSTEM INSTITUTIONS.

        (a) Definition of Farm Credit System Institution.--In this section,
    the term ``Farm Credit System institution''--
                (1) means an institution of the Farm Credit System
            chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 et
            seq.); and
                (2) does not include the Federal Agricultural Mortgage
            Corporation.
        (b) Facilitation of Participation in PPP and Second Draw Loans.--
                (1) Applicable rules.--Solely with respect to loans under
            paragraphs (36) and (37) of section 7(a) of the Small Business
            Act (15 U.S.C. 636(a)), Farm Credit Administration regulations
            and guidance issued as of July 14, 2020, and compliance with
            such regulations and guidance, shall be deemed functionally
            equivalent to requirements referenced in section 3(a)(iii)(II)
            of the interim final rule of the Administration entitled
            ``Business Loan Program Temporary Changes; Paycheck Protection
            Program'' (85 Fed. Reg. 20811 (April 15, 2020)) or any similar
            requirement referenced in that interim final rule in
            implementing such paragraph (37).
                (2) Applicability of certain loan requirements.--For
            purposes of making loans under paragraph (36) or (37) of
            section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or
            forgiving those loans in accordance with section 7A of the
            Small Business Act, as redesignated and transferred by section
            304 of this Act, and subparagraph (J) of such paragraph (37),
            sections 4.13, 4.14, and 4.14A of the Farm Credit Act of 1971
            (12 U.S.C. 2199, 2202, 2202a) (including regulations issued
            under those sections) shall not apply.
                (3) Risk weight.--
                        (A) In general.--With respect to the application of
                    Farm Credit Administration capital requirements, a loan
                    described in subparagraph (B)--
                                (i) shall receive a risk weight of zero
                            percent; and
                                (ii) shall not be included in the
                            calculation of any applicable leverage ratio or
                            other applicable capital ratio or calculation.
                        (B) Loans described.--A loan referred to in
                    subparagraph (A) is--
                                (i) a loan made by a Farm Credit Bank
                            described in section 1.2(a) of the Farm Credit
                            Act of 1971 (12 U.S.C. 2002(a)) to a Federal
                            Land Bank Association, a Production Credit
                            Association, or an agricultural credit
                            association described in that section to make
                            loans under paragraph (36) or (37) of section
                            7(a) of the Small Business Act (15 U.S.C.
                            636(a)) or forgive those loans in accordance
                            with section 7A of the Small Business Act, as
                            redesignated and transferred by section 304 of
                            this Act, and subparagraph (J) of such
                            paragraph (37); or
                                (ii) a loan made by a Federal Land Bank
                            Association, a Production Credit Association,
                            an agricultural credit association, or the bank
                            for cooperatives described in section 1.2(a) of
                            the Farm Credit Act of 1971 (12 U.S.C. 2002(a))
                            under paragraph (36) or (37) of section 7(a) of
                            the Small Business Act (15 U.S.C. 636(a)).
        (c) Effective Date; Applicability.--This section shall be effective
    as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and
    shall apply to any loan made pursuant to section 7(a)(36) of the Small
    Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of
    enactment of this Act, including forgiveness of such a loan.

    SEC. 315. DEFINITION OF SEASONAL EMPLOYER.

        (a) PPP Loans.--Section 7(a)(36)(A) of the Small Business Act (15
    U.S.C. 636(a)(36)(A)) is amended--
                (1) in clause (xi), by striking ``and'' at the end;
                (2) in clause (xii), by striking the period at the end and
            inserting a semicolon; and
                (3) by adding at the end the following:
                                ``(xiii) the term `seasonal employer' means
                            an eligible recipient that--
                                        ``(I) does not operate for more
                                    than 7 months in any calendar year; or
                                        ``(II) during the preceding
                                    calendar year, had gross receipts for
                                    any 6 months of that year that were not
                                    more than 33.33 percent of the gross
                                    receipts of the employer for the other
                                    6 months of that year;''.
        (b) Loan Forgiveness.--Paragraph (12) of section 7A(a) of the Small
    Business Act, as so redesignated and transferred by section 304 of this
    Act, is amended to read as follows:
                ``(12) the terms `payroll costs' and `seasonal employer'
            have the meanings given those terms in section 7(a)(36).''.
        (c) Effective Date; Applicability.--The amendments made by
    subsections (a) and (b) shall be effective as if included in the CARES
    Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan
    made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) before, on, or after the date of enactment of this Act,
    including forgiveness of such a loan.

    SEC. 316. HOUSING COOPERATIVES.

        Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36))
    is amended--
                (1) in subparagraph (A), as amended by section 315(a) of
            this Act, by adding at the end the following:
                                ``(xiv) the term `housing cooperative'
                            means a cooperative housing corporation (as
                            defined in section 216(b) of the Internal
                            Revenue Code of 1986) that employs not more
                            than 300 employees;''; and
                (2) in subparagraph (D)--
                        (A) in clause (i), by inserting ``housing
                    cooperative,'' before ``veterans organization,'' each
                    place it appears; and
                        (B) in clause (vi), by inserting ``, a housing
                    cooperative,'' before ``a veterans organization''.

    SEC. 317. ELIGIBILITY OF NEWS ORGANIZATIONS FOR LOANS UNDER THE
                  PAYCHECK PROTECTION PROGRAM.

        (a) Eligibility of Individual Stations, Newspapers, and Public
    Broadcasting Organizations.--Section 7(a)(36)(D)(iii) of the Small
    Business Act (15 U.S.C. 636(a)(36)(D)(iii)) is amended--
                (1) by striking ``During the covered period'' and inserting
            the following:
                                        ``(I) In general.--During the
                                    covered period''; and
                (2) by adding at the end the following
                                        ``(II) Eligibility of news
                                    organizations.--
                                                ``(aa) Definition.--In this
                                            subclause, the term `included
                                            business concern' means a
                                            business concern, including any
                                            station which broadcasts
                                            pursuant to a license granted
                                            by the Federal Communications
                                            Commission under title III of
                                            the Communications Act of 1934
                                            (47 U.S.C. 301 et seq.) without
                                            regard for whether such a
                                            station is a concern as defined
                                            in section 121.105 of title 13,
                                            Code of Federal Regulations, or
                                            any successor thereto--

                                                        ``(AA) that employs
                                                    not more than 500
                                                    employees, or the size
                                                    standard established by
                                                    the Administrator for
                                                    the North American
                                                    Industry Classification
                                                    System code applicable
                                                    to the business
                                                    concern, per physical
                                                    location of such
                                                    business concern; or

                                                        ``(BB) any
                                                    nonprofit organization
                                                    or any organization
                                                    otherwise subject to
                                                    section 511(a)(2)(B) of
                                                    the Internal Revenue
                                                    Code of 1986 that is a
                                                    public broadcasting
                                                    entity (as defined in
                                                    section 397(11) of the
                                                    Communications Act of
                                                    1934 (47 U.S.C.
                                                    397(11))).

                                                ``(bb) Eligibility.--During
                                            the covered period, an included
                                            business concern shall be
                                            eligible to receive a covered
                                            loan if--

                                                        ``(AA) the included
                                                    business concern is
                                                    majority owned or
                                                    controlled by a
                                                    business concern that
                                                    is assigned a North
                                                    American Industry
                                                    Classification System
                                                    code beginning with
                                                    511110 or 5151 or, with
                                                    respect to a public
                                                    broadcasting entity (as
                                                    defined in section
                                                    397(11) of the
                                                    Communications Act of
                                                    1934 (47 U.S.C.
                                                    397(11))), has a trade
                                                    or business that falls
                                                    under such a code; and

                                                        ``(BB) the included
                                                    business concern makes
                                                    a good faith
                                                    certification that
                                                    proceeds of the loan
                                                    will be used to support
                                                    expenses at the
                                                    component of the
                                                    included business
                                                    concern that produces
                                                    or distributes locally
                                                    focused or emergency
                                                    information.''.

        (b) Eligibility of Affiliated Entities.--Section 7(a)(36)(D)(iv) of
    the Small Business Act (15 U.S.C. 636(a)(36)(D)(iv)) is amended--
                (1) in subclause (II), by striking ``and'' at the end;
                (2) in subclause (III), by striking the period at the end
            and inserting ``; and''; and
                (3) by adding at the end the following:
                                        ``(IV)(aa) any business concern
                                    (including any station which broadcasts
                                    pursuant to a license granted by the
                                    Federal Communications Commission under
                                    title III of the Communications Act of
                                    1934 (47 U.S.C. 301 et seq.) without
                                    regard for whether such a station is a
                                    concern as defined in section 121.105
                                    of title 13, Code of Federal
                                    Regulations, or any successor thereto)
                                    that employs not more than 500
                                    employees, or the size standard
                                    established by the Administrator for
                                    the North American Industry
                                    Classification System code applicable
                                    to the business concern, per physical
                                    location of such business concern and
                                    is majority owned or controlled by a
                                    business concern that is assigned a
                                    North American Industry Classification
                                    System code beginning with 511110 or
                                    5151; or
                                        ``(bb) any nonprofit organization
                                    that is assigned a North American
                                    Industry Classification System code
                                    beginning with 5151.''.
        (c) Application of Prohibition on Publicly Traded Companies.--
    Clause (viii) of section 7(a)(36)(D) of the Small Business Act (15
    U.S.C. 636(a)(36)(D), as added by section 342 of this Act is amended--
                (1) by striking ``Notwithstanding'' and inserting the
            following:
                                        ``(I) In general.--Subject to
                                    subclause (II), and notwithstanding'';
                                    and
                (2) by adding at the end--
                                        ``(II) Rule for affiliated
                                    entities.--With respect to a business
                                    concern made eligible by clause
                                    (iii)(II) or clause (iv)(IV) of this
                                    subparagraph, the Administrator shall
                                    not consider whether any affiliated
                                    entity, which for purposes of this
                                    subclause shall include any entity that
                                    owns or controls such business concern,
                                    is an issuer.''.

    SEC. 318. ELIGIBILITY OF 501(C)(6) AND DESTINATION MARKETING
                  ORGANIZATIONS FOR LOANS UNDER THE PAYCHECK PROTECTION
                  PROGRAM.

        Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36))
    is amended--
                (1) in subparagraph (A), as amended by section 316 of this
            Act, by adding at the end the following:
                                ``(xv) the term `destination marketing
                            organization' means a nonprofit entity that
                            is--
                                        ``(I) an organization described in
                                    section 501(c) of the Internal Revenue
                                    Code of 1986 and exempt from tax under
                                    section 501(a) of such Code; or
                                        ``(II) a State, or a political
                                    subdivision of a State (including any
                                    instrumentality of such entities)--
                                                ``(aa) engaged in marketing
                                            and promoting communities and
                                            facilities to businesses and
                                            leisure travelers through a
                                            range of activities,
                                            including--

                                                        ``(AA) assisting
                                                    with the location of
                                                    meeting and convention
                                                    sites;

                                                        ``(BB) providing
                                                    travel information on
                                                    area attractions,
                                                    lodging accommodations,
                                                    and restaurants;

                                                        ``(CC) providing
                                                    maps; and

                                                        ``(DD) organizing
                                                    group tours of local
                                                    historical,
                                                    recreational, and
                                                    cultural attractions;
                                                    or

                                                ``(bb) that is engaged in,
                                            and derives the majority of the
                                            operating budget of the entity
                                            from revenue attributable to,
                                            providing live events; and'';
                                            and
                (2) in subparagraph (D), as amended by section 316 of this
            Act--
                        (A) in clause (v), by inserting ``or for purposes
                    of determining the number of employees of a housing
                    cooperative or a business concern or organization made
                    eligible for a loan under this paragraph under clause
                    (iii)(II), (iv)(IV), or (vii),'' after ``clause
                    (i)(I),'';
                        (B) in clause (vi), by inserting ``a business
                    concern or organization made eligible for a loan under
                    this paragraph under clause (vii),'' after ``a
                    nonprofit organization,''; and
                        (C) by adding at the end the following:
                                ``(vii) Eligibility for certain 501(c)(6)
                            organizations.--
                                        ``(I) In general.--Any organization
                                    that is described in section 501(c)(6)
                                    of the Internal Revenue Code and that
                                    is exempt from taxation under section
                                    501(a) of such Code (excluding
                                    professional sports leagues and
                                    organizations with the purpose of
                                    promoting or participating in a
                                    political campaign or other activity)
                                    shall be eligible to receive a covered
                                    loan if--
                                                ``(aa) the organization
                                            does not receive more than 15
                                            percent of its receipts from
                                            lobbying activities;
                                                ``(bb) the lobbying
                                            activities of the organization
                                            do not comprise more than 15
                                            percent of the total activities
                                            of the organization;
                                                ``(cc) the cost of the
                                            lobbying activities of the
                                            organization did not exceed
                                            $1,000,000 during the most
                                            recent tax year of the
                                            organization that ended prior
                                            to February 15, 2020; and
                                                ``(dd) the organization
                                            employs not more than 300
                                            employees.
                                        ``(II) Destination marketing
                                    organizations.--Any destination
                                    marketing organization shall be
                                    eligible to receive a covered loan if--
                                                ``(aa) the destination
                                            marketing organization does not
                                            receive more than 15 percent of
                                            its receipts from lobbying
                                            activities;
                                                ``(bb) the lobbying
                                            activities of the destination
                                            marketing organization do not
                                            comprise more than 15 percent
                                            of the total activities of the
                                            organization;
                                                ``(cc) the cost of the
                                            lobbying activities of the
                                            destination marketing
                                            organization did not exceed
                                            $1,000,000 during the most
                                            recent tax year of the
                                            destination marketing
                                            organization that ended prior
                                            to February 15, 2020; and
                                                ``(dd) the destination
                                            marketing organization employs
                                            not more than 300 employees;
                                            and
                                                ``(ee) the destination
                                            marketing organization--

                                                        ``(AA) is described
                                                    in section 501(c) of
                                                    the Internal Revenue
                                                    Code and is exempt from
                                                    taxation under section
                                                    501(a) of such Code; or

                                                        ``(BB) is a quasi-
                                                    governmental entity or
                                                    is a political
                                                    subdivision of a State
                                                    or local government,
                                                    including any
                                                    instrumentality of
                                                    those entities.''.

    SEC. 319. PROHIBITION ON USE OF LOAN PROCEEDS FOR LOBBYING ACTIVITIES.

        Section 7(a)(36)(F) of the Small Business Act (15 U.S.C.
    636(a)(36)(F)) is amended by adding at the end the following:
                                ``(vi) Prohibition.--None of the proceeds
                            of a covered loan may be used for--
                                        ``(I) lobbying activities, as
                                    defined in section 3 of the Lobbying
                                    Disclosure Act of 1995 (2 U.S.C. 1602);
                                        ``(II) lobbying expenditures
                                    related to a State or local election;
                                    or
                                        ``(III) expenditures designed to
                                    influence the enactment of legislation,
                                    appropriations, regulation,
                                    administrative action, or Executive
                                    order proposed or pending before
                                    Congress or any State government, State
                                    legislature, or local legislature or
                                    legislative body.''.

    SEC. 320. BANKRUPTCY PROVISIONS.

        (a) In General.--Section 364 of title 11, United States Code, is
    amended by adding at the end the following:
        ``(g)(1) The court, after notice and a hearing, may authorize a
    debtor in possession or a trustee that is authorized to operate the
    business of the debtor under section 1183, 1184, 1203, 1204, or 1304 of
    this title to obtain a loan under paragraph (36) or (37) of section
    7(a) of the Small Business Act (15 U.S.C. 636(a)), and such loan shall
    be treated as a debt to the extent the loan is not forgiven in
    accordance with section 7A of the Small Business Act or subparagraph
    (J) of such paragraph (37), as applicable, with priority equal to a
    claim of the kind specified in subsection (c)(1) of this section.
        ``(2) The trustee may incur debt described in paragraph (1)
    notwithstanding any provision in a contract, prior order authorizing
    the trustee to incur debt under this section, prior order authorizing
    the trustee to use cash collateral under section 363, or applicable law
    that prohibits the debtor from incurring additional debt.
        ``(3) The court shall hold a hearing within 7 days after the filing
    and service of the motion to obtain a loan described in paragraph (1).
    Notwithstanding the Federal Rules of Bankruptcy Procedure, at such
    hearing, the court may grant relief on a final basis.''.
        (b) Allowance of Administrative Expenses.--Section 503(b) of title
    11, United States Code, is amended--
                (1) in paragraph (8)(B), by striking ``and'' at the end;
                (2) in paragraph (9), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(10) any debt incurred under section 364(g)(1) of this
            title.''.
        (c) Confirmation of Plan for Reorganization.--Section 1191 of title
    11, United States Code, is amended by adding at the end the following:
        ``(f) Special Provision Related to COVID-19 Pandemic.--
    Notwithstanding section 1129(a)(9)(A) of this title and subsection (e)
    of this section, a plan that provides for payment of a claim of a kind
    specified in section 503(b)(10) of this title may be confirmed under
    subsection (b) of this section if the plan proposes to make payments on
    account of such claim when due under the terms of the loan giving rise
    to such claim.''.
        (d) Confirmation of Plan for Family Farmers and Fishermen.--Section
    1225 of title 11, United States Code, is amended by adding at the end
    the following:
        ``(d) Notwithstanding section 1222(a)(2) of this title and
    subsection (b)(1) of this section, a plan that provides for payment of
    a claim of a kind specified in section 503(b)(10) of this title may be
    confirmed if the plan proposes to make payments on account of such
    claim when due under the terms of the loan giving rise to such
    claim.''.
        (e) Confirmation of Plan for Individuals.--Section 1325 of title
    11, United States Code, is amended by adding at the end the following:
        ``(d) Notwithstanding section 1322(a)(2) of this title and
    subsection (b)(1) of this section, a plan that provides for payment of
    a claim of a kind specified in section 503(b)(10) of this title may be
    confirmed if the plan proposes to make payments on account of such
    claim when due under the terms of the loan giving rise to such
    claim.''.
        (f) Effective Date; Sunset.--
                (1) Effective date.--The amendments made by subsections (a)
            through (e) shall--
                        (A) take effect on the date on which the
                    Administrator submits to the Director of the Executive
                    Office for United States Trustees a written
                    determination that, subject to satisfying any other
                    eligibility requirements, any debtor in possession or
                    trustee that is authorized to operate the business of
                    the debtor under section 1183, 1184, 1203, 1204, or
                    1304 of title 11, United States Code, would be eligible
                    for a loan under paragraphs (36) and (37) of section
                    7(a) of the Small Business Act (15 U.S.C. 636(a)); and
                        (B) apply to any case pending on or commenced on or
                    after the date described in subparagraph (A).
                (2) Sunset.--
                        (A) In general.--If the amendments made by
                    subsections (a) through (e) take effect under paragraph
                    (1), effective on the date that is 2 years after the
                    date of enactment of this Act--
                                (i) section 364 of title 11, United States
                            Code, is amended by striking subsection (g);
                                (ii) section 503(b) of title 11, United
                            States Code, is amended--
                                        (I) in paragraph (8)(B), by adding
                                    ``and'' at the end;
                                        (II) in paragraph (9), by striking
                                    ``; and'' at the end and inserting a
                                    period; and
                                        (III) by striking paragraph (10);
                                (iii) section 1191 of title 11, United
                            States Code, is amended by striking subsection
                            (f);
                                (iv) section 1225 of title 11, United
                            States Code, is amended by striking subsection
                            (d); and
                                (v) section 1325 of title 11, United States
                            Code, is amended by striking subsection (d).
                        (B) Applicability.--Notwithstanding the amendments
                    made by subparagraph (A) of this paragraph, if the
                    amendments made by subsections (a) through (e) take
                    effect under paragraph (1) of this subsection, such
                    amendments shall apply to any case under title 11,
                    United States Code, commenced before the date that is 2
                    years after the date of enactment of this Act.

    SEC. 321. OVERSIGHT.

        (a) Compliance With Oversight Requirements.--
                (1) In general.--Except as provided in paragraph (2), on
            and after the date of enactment of this Act, the Administrator
            shall comply with any data or information requests or inquiries
            made by the Comptroller General of the United States not later
            than 15 days (or such later date as the Comptroller General may
            specify) after receiving the request or inquiry.
                (2) Exception.--If the Administrator is unable to comply
            with a request or inquiry described in paragraph (1) before the
            applicable date described in that paragraph, the Administrator
            shall, before such applicable date, submit to the Committee on
            Small Business and Entrepreneurship of the Senate and the
            Committee on Small Business of the House of Representatives a
            notification that includes a detailed justification for the
            inability of the Administrator to comply with the request or
            inquiry.
        (b) Testimony.--Not later than the date that is 120 days after the
    date of enactment of this Act, and not less than twice each year
    thereafter until the date that is 2 years after the date of enactment
    of this Act, the Administrator and the Secretary of the Treasury shall
    testify before the Committee on Small Business and Entrepreneurship of
    the Senate and the Committee on Small Business of the House of
    Representatives regarding implementation of this Act and the amendments
    made by this Act.

    SEC. 322. CONFLICTS OF INTEREST.

        (a) Definitions.--In this section:
                (1) Controlling interest.--The term ``controlling
            interest'' means owning, controlling, or holding not less than
            20 percent, by vote or value, of the outstanding amount of any
            class of equity interest in an entity.
                (2) Covered entity.--
                        (A) Definition.--The term ``covered entity'' means
                    an entity in which a covered individual directly or
                    indirectly holds a controlling interest.
                        (B) Treatment of securities.--For the purpose of
                    determining whether an entity is a covered entity, the
                    securities owned, controlled, or held by 2 or more
                    individuals who are related as described in paragraph
                    (3)(B) shall be aggregated.
                (3) Covered individual.--The term ``covered individual''
            means--
                        (A) the President, the Vice President, the head of
                    an Executive department, or a Member of Congress; and
                        (B) the spouse, as determined under applicable
                    common law, of an individual described in subparagraph
                    (A).
                (4) Executive department.--The term ``Executive
            department'' has the meaning given the term in section 101 of
            title 5, United States Code.
                (5) Member of congress.--The term ``Member of Congress''
            means a Member of the Senate or House of Representatives, a
            Delegate to the House of Representatives, and the Resident
            Commissioner from Puerto Rico.
                (6) Equity interest.--The term ``equity interest'' means--
                        (A) a share in an entity, without regard to whether
                    the share is--
                                (i) transferable; or
                                (ii) classified as stock or anything
                            similar;
                        (B) a capital or profit interest in a limited
                    liability company or partnership; or
                        (C) a warrant or right, other than a right to
                    convert, to purchase, sell, or subscribe to a share or
                    interest described in subparagraph (A) or (B),
                    respectively.
        (b) Requirement for Disclosure Regarding Existing Loans.--For any
    loan under paragraph (36) of section 7(a) of the Small Business Act (15
    U.S.C. 636(a)) made to a covered entity before the date of enactment of
    this Act--
                (1) if, before the date of enactment of this Act, the
            covered entity submitted an application for forgiveness under
            section 1106 of the CARES Act (15 U.S.C. 9005) (as such section
            was in effect on the day before the date of enactment of this
            Act) with respect to such loan, not later than 30 days after
            the date of enactment of this Act, the principal executive
            officer, or individual performing a similar function, of the
            covered entity shall disclose to the Administrator that the
            entity is a covered entity; and
                (2) if, on or after the date of enactment of this Act, the
            covered entity submits an application for forgiveness under
            section 7A of the Small Business Act, as redesignated and
            transferred by section 304 of this Act, with respect to such
            loan, not later than 30 days after submitting the application,
            the principal executive officer, or individual performing a
            similar function, of the covered entity shall disclose to the
            Administrator that the entity is a covered entity.
        (c) Ban on New Loans.--On and after the date of enactment of this
    Act, a loan under paragraph (36) or (37) of section 7(a) of the Small
    Business Act (15 U.S.C. 636(a)), as added and amended by this Act, may
    not be made to a covered entity.

    SEC. 323. COMMITMENT AUTHORITY AND APPROPRIATIONS.

        (a) Commitment Authority.--Section 1102(b) of the CARES Act (Public
    Law 116-136) is amended--
                (1) in paragraph (1)--
                        (A) in the paragraph heading, by inserting ``and
                    second draw'' after ``PPP'';
                        (B) by striking ``August 8, 2020'' and inserting
                    ``March 31, 2021'';
                        (C) by striking ``paragraph (36)'' and inserting
                    ``paragraphs (36) and (37)''; and
                        (D) by striking `` $659,000,000,000'' and inserting
                    `` $806,450,000,000''; and
                (2) by adding at the end the following:
                ``(3) 2021 7(a) loan program level and funding.--
            Notwithstanding the amount authorized under the heading `Small
            Business Administration--Business Loans Program Account'under
            the Financial Services and General Government Appropriations
            Act, 2021 for commitments for general business loans authorized
            under paragraphs (1) through (35) of section 7(a) of the Small
            Business Act (15 U.S.C. 636(a)), commitments for general
            business loans authorized under paragraphs (1) through (35) of
            section 7(a) of the Small Business Act (15 U.S.C. 636(a)) shall
            not exceed $75,000,000,000 for a combination of amortizing term
            loans and the aggregated maximum line of credit provided by
            revolving loans during the period beginning on the date of
            enactment of this Act and ending on September 30, 2021.''.
        (b) Clarification of Secondary Market Cap.--Section 1107(b) of the
    CARES Act (15 U.S.C. 9006(b)) is amended by inserting ``with respect to
    loans under any paragraph of section 7(a) of the Small Business Act (15
    U.S.C. 636(a))'' before ``shall not exceed''.
        (c) Rescission.--With respect to unobligated balances under the
    heading ``Small Business Administration--Business Loans Program
    Account, CARES Act'' as of the day before the date of enactment of this
    Act, $146,500,000,000 shall be rescinded and deposited into the general
    fund of the Treasury.
        (d) Direct Appropriations.--
                (1) New direct appropriations for ppp loans, second draw
            loans, and the mbda.--There is appropriated, out of amounts in
            the Treasury not otherwise appropriated, for the fiscal year
            ending September 30, 2021, to remain available until expended,
            for additional amounts--
                        (A) $284,450,000,000 under the heading ``Small
                    Business Administration--Business Loans Program
                    Account, CARES Act'', for the cost of guaranteed loans
                    as authorized under paragraph (36) or (37) of section
                    7(a) of the Small Business Act (15 U.S.C. 636(a)), as
                    amended and added by this Act, including the cost of
                    any modifications to any loans guaranteed under such
                    paragraph (36) that were approved on or before August
                    8, 2020, of which--
                                (i) not less than $15,000,000,000 shall be
                            for guaranteeing loans under such paragraph
                            (36) or (37) made by community financial
                            institutions, as defined in section 7(a)(36)(A)
                            of the Small Business Act (15 U.S.C.
                            636(a)(36)(A));
                                (ii) not less than $15,000,000,000 shall be
                            for guaranteeing loans under such paragraph
                            (36) or (37) made by--
                                        (I) insured depository institutions
                                    (as defined in section 3 of the Federal
                                    Deposit Insurance Act (12 U.S.C. 1813))
                                    with consolidated assets of less than
                                    $10,000,000,000;
                                        (II) credit unions (as defined in
                                    section 7(a)(36)(A) of the Small
                                    Business Act (15 U.S.C. 636(a)(36)(A)))
                                    with consolidated assets of less than
                                    $10,000,000,000; or
                                        (III) institutions of the Farm
                                    Credit System chartered under the Farm
                                    Credit Act of 1971 (12 U.S.C. 2001 et
                                    seq.) with consolidated assets of less
                                    than $10,000,000,000 (not including the
                                    Federal Agricultural Mortgage
                                    Corporation);
                                (iii) not less than $15,000,000,000 shall
                            be for guaranteeing loans under paragraph (36)
                            of section 7(a) of the Small Business Act (15
                            U.S.C. 636(a)), as amended by this Act, that
                            are--
                                        (I) made to eligible recipients
                                    with not more than 10 employees; or
                                        (II) in an amount that is not more
                                    than $250,000 and made to an eligible
                                    recipient that is located in a
                                    neighborhood that is a low-income
                                    neighborhood or a moderate-income
                                    neighborhood, for the purposes of the
                                    Community Reinvestment Act of 1977 (12
                                    U.S.C. 2901 et seq.);
                                (iv) not less than $35,000,000,000 shall be
                            for guaranteeing loans under paragraph (36) of
                            section 7(a) of the Small Business Act (15
                            U.S.C. 636(a)), as amended by this Act, to
                            eligible recipients that have not previously
                            received a loan under such paragraph (36); and
                                (v) not less than $25,000,000,000 shall be
                            for guaranteeing loans under paragraph (37) of
                            section 7(a) of the Small Business Act (15
                            U.S.C. 636(a)), as added by this Act, that
                            are--
                                        (I) made to eligible entities with
                                    not more than 10 employees; or
                                        (II) in an amount that is not more
                                    than $250,000 and made to an eligible
                                    entity that is located in a
                                    neighborhood that is a low-income
                                    neighborhood or a moderate-income
                                    neighborhood, for the purposes of the
                                    Community Reinvestment Act of 1977 (12
                                    U.S.C. 2901 et seq.);
                        (B) $25,000,000 under the heading ``Department of
                    Commerce--Minority Business Development Agency'' for
                    the Minority Business Development Centers Program,
                    including Specialty Centers, for necessary expenses,
                    including any cost sharing requirements that may exist,
                    for assisting minority business enterprises to prevent,
                    prepare for, and respond to coronavirus, including
                    identifying and accessing local, State, and Federal
                    government assistance related to such virus;
                        (C) $50,000,000 under the heading ``Small Business
                    Administration--Salaries and Expenses'' for the cost of
                    carrying out reviews and audits of loans under
                    subsection (l) of section 7A of the Small Business Act,
                    as redesignated, transferred, and amended by this Act;
                        (D) $20,000,000,000 under the heading ``Small
                    Business Administration--Targeted EIDL Advance'' to
                    carry out section 331 of this Act, of which $20,000,000
                    shall be made available to the Inspector General of the
                    Small Business Administration to prevent waste, fraud,
                    and abuse with respect to funding made available under
                    that section;
                        (E) $57,000,000 for the program established under
                    section 7(m) of the Small Business Act (15 U.S.C.
                    636(m)) of which--
                                (i) $50,000,000 shall be to provide
                            technical assistance grants under such section
                            7(m) under the heading ``Small Business
                            Administration--Entrepreneurial Development
                            Programs''; and
                                (ii) $7,000,000 shall be to provide direct
                            loans under such section 7(m) under the heading
                            ``Small Business Administration--Business Loans
                            Program Account'';
                        (F) $1,918,000,000 under the heading ``Small
                    Business Administration--Business Loans Program
                    Account'' for the cost of guaranteed loans as
                    authorized by paragraphs (1) through (35) of section
                    7(a) of the Small Business Act (15 U.S.C. 636(a)),
                    including the cost of carrying out sections 326, 327,
                    and 328 of this Act;
                        (G) $3,500,000,000 under the heading ``Small
                    Business Administration--Business Loans Program
                    Account, CARES Act'' for carrying out section 325 of
                    this Act; and
                        (H) $15,000,000,000 under the heading ``Small
                    Business Administration--Shuttered Venue Operators'' to
                    carry out section 324 of this Act.
                (2) Modification of set-asides.--
                        (A) In general.--Notwithstanding paragraph (1)(A),
                    if the Administrator makes the determination described
                    in subparagraph (B) of this paragraph, the
                    Administrator may reduce the amount of any allocation
                    under paragraph (1)(A) to be such amount as the
                    Administrator may determine necessary.
                        (B) Requirements for determination.--The
                    determination described in this subparagraph is a
                    determination by the Administrator that--
                                (i) is not made earlier than 25 days after
                            the date of enactment of this Act;
                                (ii) it is not reasonably expected that a
                            type of entity described in paragraph (1)(A)
                            will make, or receive, as applicable, the
                            minimum amount of loans necessary to meet the
                            applicable allocation under paragraph(1)(A);
                            and
                                (iii) it is reasonably expected that the
                            total amount of loans guaranteed under
                            paragraph (36) or (37) of section 7(a) of the
                            Small Business Act (15 U.S.C. 636(a)), as
                            amended and added by this Act, will equal
                            substantially all of the amount permitted by
                            available funds by March 31, 2021.
                (3) Appropriations for the office of inspector general.--
                        (A) In general.--Effective on the date of enactment
                    of this Act, the remaining unobligated balances of
                    funds from amounts made available for ``Small Business
                    Administration--Office of Inspector General'' under
                    section 1107(a)(3) of the CARES Act (15 U.S.C.
                    9006(a)(3)), are hereby rescinded.
                        (B) Funding.--
                                (i) In general.--There is appropriated, for
                            an additional amount, for the fiscal year
                            ending September 30, 2021, out of amounts in
                            the Treasury not otherwise appropriated, an
                            amount equal to the amount rescinded under
                            subparagraph (A), to remain available until
                            expended, under the heading ``Small Business
                            Administration--Office of Inspector General''.
                                (ii) Use of funds.--The amounts made
                            available under clause (i) shall be available
                            for the same purposes, in addition to other
                            funds as may be available for such purposes,
                            and under the same authorities as the amounts
                            made available under section 1107(a)(3) of the
                            CARES Act (15 U.S.C. 9006(a)(3)).

    SEC. 324. GRANTS FOR SHUTTERED VENUE OPERATORS.

        (a) Definitions.--In this section:
                (1) Eligible person or entity.--
                        (A) In general.--The term ``eligible person or
                    entity'' means a live venue operator or promoter,
                    theatrical producer, or live performing arts
                    organization operator, a relevant museum operator, a
                    motion picture theatre operator, or a talent
                    representative that meets the following requirements:
                                (i) The live venue operator or promoter,
                            theatrical producer, or live performing arts
                            organization operator, the relevant museum
                            operator, the motion picture theatre operator,
                            or the talent representative--
                                        (I) was fully operational as a live
                                    venue operator or promoter, theatrical
                                    producer, or live performing arts
                                    organization operator, a relevant
                                    museum operator, a motion picture
                                    theatre operator, or a talent
                                    representative on February 29, 2020;
                                    and
                                        (II) has gross earned revenue
                                    during the first, second, third, or,
                                    only with respect to an application
                                    submitted on or after January 1, 2021,
                                    fourth quarter in 2020 that
                                    demonstrates not less than a 25 percent
                                    reduction from the gross earned revenue
                                    of the live venue operator or promoter,
                                    theatrical producer, or live performing
                                    arts organization operator, the
                                    relevant museum operator, the motion
                                    picture theatre operator, or the talent
                                    representative during the same quarter
                                    in 2019.
                                (ii) As of the date of the grant under this
                            section--
                                        (I) the live venue operator or
                                    promoter, theatrical producer, or live
                                    performing arts organization operator
                                    is or intends to resume organizing,
                                    promoting, producing, managing, or
                                    hosting future live events described in
                                    paragraph (3)(A)(i);
                                        (II) the motion picture theatre
                                    operator is open or intends to reopen
                                    for the primary purpose of public
                                    exhibition of motion pictures;
                                        (III) the relevant museum operator
                                    is open or intends to reopen; or
                                        (IV) the talent representative is
                                    representing or managing artists and
                                    entertainers.
                                (iii) The venues at which the live venue
                            operator or promoter, theatrical producer, or
                            live performing arts organization operator
                            promotes, produces, manages, or hosts events
                            described in paragraph (3)(A)(i) or the artists
                            and entertainers represented or managed by the
                            talent representative perform have the
                            following characteristics:
                                        (I) A defined performance and
                                    audience space.
                                        (II) Mixing equipment, a public
                                    address system, and a lighting rig.
                                        (III) Engages 1 or more individuals
                                    to carry out not less than 2 of the
                                    following roles:
                                                (aa) A sound engineer.
                                                (bb) A booker.
                                                (cc) A promoter.
                                                (dd) A stage manager.
                                                (ee) Security personnel.
                                                (ff) A box office manager.
                                        (IV) There is a paid ticket or
                                    cover charge to attend most
                                    performances and artists are paid
                                    fairly and do not play for free or
                                    solely for tips, except for fundraisers
                                    or similar charitable events.
                                        (V) For a venue owned or operated
                                    by a nonprofit entity that produces
                                    free events, the events are produced
                                    and managed primarily by paid
                                    employees, not by volunteers.
                                        (VI) Performances are marketed
                                    through listings in printed or
                                    electronic publications, on websites,
                                    by mass email, or on social media.
                                (iv) A motion picture theatre or motion
                            picture theatres operated by the motion picture
                            theatre operator have the following
                            characteristics:
                                        (I) At least 1 auditorium that
                                    includes a motion picture screen and
                                    fixed audience seating.
                                        (II) A projection booth or space
                                    containing not less than 1 motion
                                    picture projector.
                                        (III) A paid ticket charge to
                                    attend exhibition of motion pictures.
                                        (IV) Motion picture exhibitions are
                                    marketed through showtime listings in
                                    printed or electronic publications, on
                                    websites, by mass mail, or on social
                                    media.
                                (v) The relevant museum or relevant museums
                            for which the relevant museum operator is
                            seeking a grant under this section have the
                            following characteristics:
                                        (I) Serving as a relevant museum as
                                    its principal business activity.
                                        (II) Indoor exhibition spaces that
                                    are a component of the principal
                                    business activity and which have been
                                    subjected to pandemic-related occupancy
                                    restrictions.
                                        (III) At least 1 auditorium,
                                    theater, or performance or lecture hall
                                    with fixed audience seating and regular
                                    programming.
                                (vi)(I) The live venue operator or
                            promoter, theatrical producer, or live
                            performing arts organization operator, the
                            relevant museum operator, the motion picture
                            theatre operator, or the talent representative
                            does not have, or is not majority owned or
                            controlled by an entity with, any of the
                            following characteristics:
                                        (aa) Being an issuer, the
                                    securities of which are listed on a
                                    national securities exchange.
                                        (bb) Receiving more than 10 percent
                                    of gross revenue from Federal funding
                                    during 2019, excluding amounts received
                                    by the live venue operator or promoter,
                                    theatrical producer, or live performing
                                    arts organization operator, the
                                    relevant museum operator, the motion
                                    picture theatre operator, or the talent
                                    representative under the Robert T.
                                    Stafford Disaster Relief and Emergency
                                    Assistance Act (42 U.S.C. 5121 et
                                    seq.).
                                (II) The live venue operator or promoter,
                            theatrical producer, or live performing arts
                            organization operator, the relevant museum
                            operator, the motion picture theatre operator,
                            or the talent representative does not have, or
                            is not majority owned or controlled by an
                            entity with, more than 2 of the following
                            characteristics:
                                        (aa) Owning or operating venues,
                                    relevant museums, motion picture
                                    theatres, or talent agencies or talent
                                    management companies in more than 1
                                    country.
                                        (bb) Owning or operating venues,
                                    relevant museums, motion picture
                                    theatres, or talent agencies or talent
                                    management companies in more than 10
                                    States.
                                        (cc) Employing more than 500
                                    employees as of February 29, 2020,
                                    determined on a full-time equivalent
                                    basis in accordance with subparagraph
                                    (C).
                                (III) The live venue operator or promoter,
                            theatrical producer, or live performing arts
                            organization operator, the relevant museum
                            operator, the motion picture theatre operator,
                            or the talent representative has not received,
                            on or after the date of enactment of this Act,
                            a loan guaranteed under paragraph (36) or (37)
                            of section 7(a) of the Small Business Act (15
                            U.S.C. 636(a)), as amended and added by this
                            division.
                                (IV) For purposes of applying the
                            characteristics described in subclauses (I),
                            (II), and (III) to an entity owned by a State
                            or a political subdivision of a State, the
                            relevant entity--
                                        (aa) shall be the live venue
                                    operator or promoter, theatrical
                                    producer, or live performing arts
                                    organization operator, the relevant
                                    museum operator, the motion picture
                                    theatre operator, or the talent
                                    representative; and
                                        (bb) shall not include entities of
                                    the State or political subdivision
                                    other than the live venue operator or
                                    promoter, theatrical producer, or live
                                    performing arts organization operator,
                                    the relevant museum operator, the
                                    motion picture theatre operator, or the
                                    talent representative.
                        (B) Exclusion.--The term ``eligible person or
                    entity'' shall not include a live venue operator or
                    promoter, theatrical producer, or live performing arts
                    organization operator, a relevant museum operator, a
                    motion picture theatre operator, or a talent
                    representative that--
                                (i) presents live performances of a
                            prurient sexual nature; or
                                (ii) derives, directly or indirectly, more
                            than de minimis gross revenue through the sale
                            of products or services, or the presentation of
                            any depictions or displays, of a prurient
                            sexual nature.
                        (C) Calculation of full-time employees.--For
                    purposes of determining the number of full-time
                    equivalent employees under subparagraph (A)(vi)(II)(cc)
                    of this paragraph and under paragraph (2)(E)--
                                (i) any employee working not fewer than 30
                            hours per week shall be considered a full-time
                            employee; and
                                (ii) any employee working not fewer than 10
                            hours and fewer than 30 hours per week shall be
                            counted as one-half of a full-time employee.
                        (D) Multiple business entities.--Each business
                    entity of an eligible person or entity that also meets
                    the requirements under subparagraph (A) and that is not
                    described in subparagraph (B) shall be treated by the
                    Administrator as an independent, non-affiliated entity
                    for the purposes of this section.
                (2) Exchange; issuer; security.--The terms ``exchange'',
            ``issuer'', and ``security'' have the meanings given those
            terms in section 3(a) of the Securities Exchange Act of 1934
            (15 U.S.C. 78c(a)).
                (3) Live venue operator or promoter, theatrical producer,
            or live performing arts organization operator.--The term ``live
            venue operator or promoter, theatrical producer, or live
            performing arts organization operator''--
                        (A) means--
                                (i) an individual or entity--
                                        (I) that, as a principal business
                                    activity, organizes, promotes,
                                    produces, manages, or hosts live
                                    concerts, comedy shows, theatrical
                                    productions, or other events by
                                    performing artists for which--
                                                (aa) a cover charge through
                                            ticketing or front door
                                            entrance fee is applied; and
                                                (bb) performers are paid in
                                            an amount that is based on a
                                            percentage of sales, a
                                            guarantee (in writing or
                                            standard contract), or another
                                            mutually beneficial formal
                                            agreement; and
                                        (II) for which not less than 70
                                    percent of the earned revenue of the
                                    individual or entity is generated
                                    through, to the extent related to a
                                    live event described in subclause (I),
                                    cover charges or ticket sales,
                                    production fees or production
                                    reimbursements, nonprofit educational
                                    initiatives, or the sale of event
                                    beverages, food, or merchandise; or
                                (ii) an individual or entity that, as a
                            principal business activity, makes available
                            for purchase by the public an average of not
                            less than 60 days before the date of the event
                            tickets to events--
                                        (I) described in clause (i)(I); and
                                        (II) for which performers are paid
                                    in an amount that is based on a
                                    percentage of sales, a guarantee (in
                                    writing or standard contract), or
                                    another mutually beneficial formal
                                    agreement; and
                        (B) includes an individual or entity described in
                    subparagraph (A) that--
                                (i) operates for profit;
                                (ii) is a nonprofit organization;
                                (iii) is government-owned; or
                                (iv) is a corporation, limited liability
                            company, or partnership or operated as a sole
                            proprietorship.
                (4) Motion picture theatre operator.--The term ``motion
            picture theatre operator'' means an individual or entity that--
                        (A) as the principal business activity of the
                    individual or entity, owns or operates at least 1 place
                    of public accommodation for the purpose of motion
                    picture exhibition for a fee; and
                        (B) includes an individual or entity described in
                    subparagraph (A) that--
                                (i) operates for profit;
                                (ii) is a nonprofit organization;
                                (iii) is government-owned; or
                                (iv) is a corporation, limited liability
                            company, or partnership or operated as a sole
                            proprietorship.
                (5) National securities exchange.--The term ``national
            securities exchange'' means an exchange registered as a
            national securities exchange under section 6 of the Securities
            Exchange Act of 1934 (15 U.S.C. 78f).
                (6) Nonprofit.--The term ``nonprofit'', with respect to an
            organization, means that the organization is exempt from
            taxation under section 501(a) of the Internal Revenue Code of
            1986.
                (7) Relevant museum.--The term ``relevant museum''--
                        (A) has the meaning given the term ``museum'' in
                    section 273 of the Museum and Library Services Act (20
                    U.S.C. 9172); and
                        (B) shall not include any entity that is organized
                    as a for-profit entity.
                (8) Seasonal employer.--The term ``seasonal employer'' has
            the meaning given that term in subparagraph (A) of section
            7(a)(36) of the Small Business Act (15 U.S.C. 636(a)), as
            amended by this Act.
                (9) State.--The term ``State'' means--
                        (A) a State;
                        (B) the District of Columbia;
                        (C) the Commonwealth of Puerto Rico; and
                        (D) any other territory or possession of the United
                    States.
                (10) Talent representative.--The term ``talent
            representative''--
                        (A) means an agent or manager that--
                                (i) as not less than 70 percent of the
                            operations of the agent or manager, is engaged
                            in representing or managing artists and
                            entertainers;
                                (ii) books or represents musicians,
                            comedians, actors, or similar performing
                            artists primarily at live events in venues or
                            at festivals; and
                                (iii) represents performers described in
                            clause (ii) that are paid in an amount that is
                            based on the number of tickets sold, or a
                            similar basis; and
                        (B) includes an agent or manager described in
                    subparagraph (A) that--
                                (i) operates for profit;
                                (ii) is a nonprofit organization;
                                (iii) is government-owned; or
                                (iv) is a corporation, limited liability
                            company, or partnership or operated as a sole
                            proprietorship.
        (b) Authority.--
                (1) In general.--
                        (A) Administration.--The Associate Administrator
                    for the Office of Disaster Assistance of the
                    Administration shall coordinate and formulate policies
                    relating to the administration of grants made under
                    this section.
                        (B) Certification of need.--An eligible person or
                    entity applying for a grant under this section shall
                    submit a good faith certification that the uncertainty
                    of current economic conditions makes necessary the
                    grant to support the ongoing operations of the eligible
                    person or entity.
                (2) Initial grants.--
                        (A) In general.--The Administrator may make initial
                    grants to eligible persons or entities in accordance
                    with this section.
                        (B) Initial priorities for awarding grants.--
                                (i) First priority in awarding grants.--
                            During the initial 14-day period during which
                            the Administrator awards grants under this
                            paragraph, the Administrator shall only award
                            grants to an eligible person or entity with
                            revenue, during the period beginning on April
                            1, 2020 and ending on December 31, 2020, that
                            is not more than 10 percent of the revenue of
                            the eligible person or entity during the period
                            beginning on April 1, 2019 and ending on
                            December 31, 2019, due to the COVID-19
                            pandemic.
                                (ii) Second priority in awarding grants.--
                            During the 14-day period immediately following
                            the 14-day period described in clause (i), the
                            Administrator shall only award grants to an
                            eligible person or entity with revenue, during
                            the period beginning on April 1, 2020 and
                            ending on December 31, 2020, that is not more
                            than 30 percent of the revenue of the eligible
                            person or entity during the period beginning on
                            April 1, 2019 and ending on December 31, 2019,
                            due to the COVID-19 pandemic.
                                (iii) Determination of revenue.--For
                            purposes of clauses (i) and (ii)--
                                        (I) any amounts received by an
                                    eligible person or entity under the
                                    CARES Act (Public Law 116-136; 134
                                    Stat. 281) or an amendment made by the
                                    CARES Act shall not be counted as
                                    revenue of an eligible person or
                                    entity;
                                        (II) the Administrator shall use an
                                    accrual method of accounting for
                                    determining revenue; and
                                        (III) the Administrator may use
                                    alternative methods to establish
                                    revenue losses for an eligible person
                                    or entity that is a seasonal employer
                                    and that would be adversely impacted if
                                    January, February, and March are
                                    excluded from the calculation of year-
                                    over-year revenues.
                                (iv) Limit on use of amounts for priority
                            applicants.--The Administrator may use not more
                            than 80 percent of the amounts appropriated
                            under section 323(d)(1)(H) of this Act to carry
                            out this section to make initial grants under
                            this paragraph to eligible persons or entities
                            described in clause (i) or (ii) of this
                            subparagraph that apply for a grant under this
                            paragraph during the initial 28-day period
                            during which the Administrator awards grants
                            under this paragraph.
                        (C) Grants after priority periods.--After the end
                    of the initial 28-day period during which the
                    Administrator awards grants under this paragraph, the
                    Administrator may award an initial grant to any
                    eligible person or entity.
                        (D) Limits on number of initial grants to
                    affiliates.--Not more than 5 business entities of an
                    eligible person or entity that would be considered
                    affiliates under the affiliation rules of the
                    Administration may receive a grant under this
                    paragraph.
                        (E) Set-aside for small employers.--
                                (i) In general.--Subject to clause (ii),
                            not less than $2,000,000,000 of the total
                            amount of grants made available under this
                            paragraph shall be awarded to eligible persons
                            or entities which employ not more than 50 full-
                            time employees, determined in accordance with
                            subsection (a)(1)(C).
                                (ii) Time limit.--Clause (i) shall not
                            apply on and after the date that is 60 days
                            after the Administrator begins awarding grants
                            under this section and, on and after such date,
                            amounts available for grants under this section
                            may be used for grants under this section to
                            any eligible person or entity.
                (3) Supplemental grants.--
                        (A) In general.--Subject to subparagraph (B), the
                    Administrator may make a supplemental grant in
                    accordance with this section to an eligible person or
                    entity that receives a grant under paragraph (2) if, as
                    of April 1, 2021, the revenues of the eligible person
                    or entity for the most recent calendar quarter are not
                    more than 30 percent of the revenues of the eligible
                    person or entity for the corresponding calendar quarter
                    during 2019 due to the COVID-19 pandemic.
                        (B) Processing timely initial grant applications
                    first.--The Administrator may not award a supplemental
                    grant under subparagraph (A) until the Administrator
                    has completed processing (including determining whether
                    to award a grant) each application for an initial grant
                    under paragraph (2) that is submitted by an eligible
                    person or entity on or before the date that is 60 days
                    after the date on which the Administrator begins
                    accepting such applications.
                (4) Certification.--An eligible person or entity applying
            for a grant under this section that is an eligible business
            described in the matter preceding subclause (I) of section
            4003(c)(3)(D)(i) of the CARES Act (15 U.S.C. 9042(c)(3)(D)(i)),
            shall make a good-faith certification described in subclauses
            (IX) and (X) of such section.
        (c) Amount.--
                (1) Initial grants.--
                        (A) In general.--A grant under subsection (b)(2)
                    shall be in the amount equal to the lesser of--
                                (i)(I) for an eligible person or entity
                            that was in operation on January 1, 2019, the
                            amount equal to 45 percent of the gross earned
                            revenue of the eligible person or entity during
                            2019; or
                                (II) for an eligible person or entity that
                            began operations after January 1, 2019, the
                            amount equal to the product obtained by
                            multiplying--
                                        (aa) the average monthly gross
                                    earned revenue for each full month
                                    during which the eligible person or
                                    entity was in operation during 2019; by
                                        (bb) 6; or
                                (ii) $10,000,000.
                        (B) Application to relevant museum operators.--A
                    relevant museum operator may not receive grants under
                    subsection (b)(2) in a total amount that is more than
                    $10,000,000 with respect to all relevant museums
                    operated by the relevant museum operator.
                (2) Supplemental grants.--A grant under subsection (b)(3)
            shall be in the amount equal to 50 percent of the grant
            received by the eligible person or entity under subsection
            (b)(2).
                (3) Overall maximums.--The total amount of grants received
            under paragraphs (2) and (3) of subsection (b) by an eligible
            person or entity shall be not more than $10,000,000.
        (d) Use of Funds.--
                (1) Timing.--
                        (A) Expenses incurred.--
                                (i) In general.--Except as provided in
                            clause (ii), amounts received under a grant
                            under this section may be used for costs
                            incurred during the period beginning on March
                            1, 2020, and ending on December 31, 2021.
                                (ii) Extension for supplemental grants.--If
                            an eligible person or entity receives a grant
                            under subsection (b)(3), amounts received under
                            either grant under this section may be used for
                            costs incurred during the period beginning on
                            March 1, 2020, and ending on June 30, 2022.
                        (B) Expenditure.--
                                (i) In general.--Except as provided in
                            clause (ii), an eligible person or entity shall
                            return to the Administrator any amounts
                            received under a grant under this section that
                            are not expended on or before the date that is
                            1 year after the date of disbursement of the
                            grant.
                                (ii) Extension for supplemental grants.--If
                            an eligible person or entity receives a grant
                            under subsection (b)(3), the eligible person or
                            entity shall return to the Administrator any
                            amounts received under either grant under this
                            section that are not expended on or before the
                            date that is 18 months after the date of
                            disbursement to the eligible person or entity
                            of the grant under subsection (b)(2).
                (2) Allowable expenses.--
                        (A) Definitions.--In this paragraph--
                                (i) the terms ``covered mortgage
                            obligation'', ``covered rent obligation'',
                            ``covered utility payment'', and ``covered
                            worker protection expenditure'' have the
                            meanings given those terms in section 7A(a) of
                            the Small Business Act, as redesignated,
                            transferred, and amended by this Act; and
                                (ii) the term ``payroll costs'' has the
                            meaning given that term in section 7(a)(36)(A)
                            of the Small Business Act (15 U.S.C.
                            636(a)(36)(A).
                        (B) Expenses.--An eligible person or entity may use
                    amounts received under a grant under this section for--
                                (i) payroll costs;
                                (ii) payments on any covered rent
                            obligation;
                                (iii) any covered utility payment;
                                (iv) scheduled payments of interest or
                            principal on any covered mortgage obligation
                            (which shall not include any prepayment of
                            principal on a covered mortgage obligation);
                                (v) scheduled payments of interest or
                            principal on any indebtedness or debt
                            instrument (which shall not include any
                            prepayment of principal) incurred in the
                            ordinary course of business that is a liability
                            of the eligible person or entity and was
                            incurred prior to February 15, 2020;
                                (vi) covered worker protection
                            expenditures;
                                (vii) payments made to independent
                            contractors, as reported on Form-1099 MISC, not
                            to exceed a total of $100,000 in annual
                            compensation for any individual employee of an
                            independent contractor; and
                                (viii) other ordinary and necessary
                            business expenses, including--
                                        (I) maintenance expenses;
                                        (II) administrative costs,
                                    including fees and licensing costs;
                                        (III) State and local taxes and
                                    fees;
                                        (IV) operating leases in effect as
                                    of February 15, 2020;
                                        (V) payments required for insurance
                                    on any insurance policy; and
                                        (VI) advertising, production
                                    transportation, and capital
                                    expenditures related to producing a
                                    theatrical or live performing arts
                                    production, concert, exhibition, or
                                    comedy show, except that a grant under
                                    this section may not be used primarily
                                    for such expenditures.
                (3) Prohibited expenses.--An eligible person or entity may
            not use amounts received under a grant under this section--
                        (A) to purchase real estate;
                        (B) for payments of interest or principal on loans
                    originated after February 15, 2020;
                        (C) to invest or re-lend funds;
                        (D) for contributions or expenditures to, or on
                    behalf of, any political party, party committee, or
                    candidate for elective office; or
                        (E) for any other use as may be prohibited by the
                    Administrator.
        (e) Increased Oversight of Shuttered Venue Operator Grants.--The
    Administrator shall increase oversight of eligible persons and entities
    receiving grants under this section, which may include the following:
                (1) Documentation.--Additional documentation requirements
            that are consistent with the eligibility and other requirements
            under this section, including requiring an eligible person or
            entity that receives a grant under this section to retain
            records that document compliance with the requirements for
            grants under this section--
                        (A) with respect to employment records, for the 4-
                    year period following receipt of the grant; and
                        (B) with respect to other records, for the 3-year
                    period following receipt of the grant.
                (2) Reviews of use.--Reviews of the use of the grant
            proceeds by an eligible person or entity to ensure compliance
            with requirements established under this section and by the
            Administrator, including that the Administrator may--
                        (A) review and audit grants under this section; and
                        (B) in the case of fraud or other material
                    noncompliance with respect to a grant under this
                    section--
                                (i) require repayment of misspent funds; or
                                (ii) pursue legal action to collect funds.
        (f) Shuttered Venue Oversight and Audit Plan.--
                (1) In general.--Not later than 45 days after the date of
            enactment of this Act, the Administrator shall submit to the
            Committee on Small Business and Entrepreneurship of the Senate
            and the Committee on Small Business of the House of
            Representatives an audit plan that details--
                        (A) the policies and procedures of the
                    Administrator for conducting oversight and audits of
                    grants under this section; and
                        (B) the metrics that the Administrator shall use to
                    determine which grants under this section will be
                    audited pursuant to subsection (e).
                (2) Reports.--Not later than 60 days after the date of
            enactment of this Act, and each month thereafter until the date
            that is 1 year after the date on which all amounts made
            available under section 323(d)(1)(H) of this Act have been
            expended, the Administrator shall submit to the Committee on
            Small Business and Entrepreneurship of the Senate and the
            Committee on Small Business of the House of Representatives a
            report on the oversight and audit activities of the
            Administrator under this subsection, which shall include--
                        (A) the total number of initial grants approved and
                    disbursed;
                        (B) the total amount of grants received by each
                    eligible person or entity, including any supplemental
                    grants;
                        (C) the number of active investigations and audits
                    of grants under this section;
                        (D) the number of completed reviews and audits of
                    grants under this section, including a description of
                    any findings of fraud or other material noncompliance.
                        (E) any substantial changes made to the oversight
                    and audit plan submitted under paragraph (1).

    SEC. 325. EXTENSION OF THE DEBT RELIEF PROGRAM.

        (a) In General.--Section 1112 of the CARES Act (15 U.S.C. 9011) is
    amended--
                (1) in subsection (c)--
                        (A) by striking paragraph (1) and inserting the
                    following:
                ``(1) In general.--Subject to the other provisions of this
            section, the Administrator shall pay the principal, interest,
            and any associated fees that are owed on a covered loan in a
            regular servicing status, without regard to the date on which
            the covered loan is fully disbursed, and subject to
            availability of funds, as follows:
                        ``(A) With respect to a covered loan made before
                    the date of enactment of this Act and not on deferment,
                    the Administrator shall make those payments as follows:
                                ``(i) The Administrator shall make those
                            payments for the 6-month period beginning with
                            the next payment due on the covered loan.
                                ``(ii) In addition to the payments under
                            clause (i)--
                                        ``(I) with respect to a covered
                                    loan other than a covered loan
                                    described in paragraph (1)(A)(i) or (2)
                                    of subsection (a), the Administrator
                                    shall make those payments for--
                                                ``(aa) the 3-month period
                                            beginning with the first
                                            payment due on the covered loan
                                            on or after February 1, 2021;
                                            and
                                                ``(bb) an additional 5-
                                            month period immediately
                                            following the end of the 3-
                                            month period provided under
                                            item (aa) if the covered loan
                                            is made to a borrower that,
                                            according to records of the
                                            Administration, is assigned a
                                            North American Industry
                                            Classification System code
                                            beginning with 61, 71, 72, 213,
                                            315, 448, 451, 481, 485, 487,
                                            511, 512, 515, 532, or 812; and
                                        ``(II) with respect to a covered
                                    loan described in paragraph (1)(A)(i)
                                    or (2) of subsection (a), the
                                    Administrator shall make those payments
                                    for the 8-month period beginning with
                                    the first payment due on the covered
                                    loan on or after February 1, 2021.
                        ``(B) With respect to a covered loan made before
                    the date of enactment of this Act and on deferment, the
                    Administrator shall make those payments as follows:
                                ``(i) The Administrator shall make those
                            payments for the 6-month period beginning with
                            the next payment due on the covered loan after
                            the deferment period.
                                ``(ii) In addition to the payments under
                            clause (i)--
                                        ``(I) with respect to a covered
                                    loan other than a covered loan
                                    described in paragraph (1)(A)(i) or (2)
                                    of subsection (a), the Administrator
                                    shall make those payments for--
                                                ``(aa) the 3-month period
                                            (beginning on or after February
                                            1, 2021) beginning with the
                                            later of--

                                                        ``(AA) the next
                                                    payment due on the
                                                    covered loan after the
                                                    deferment period; or

                                                        ``(BB) the first
                                                    month after the
                                                    Administrator has
                                                    completed the payments
                                                    under clause (i); and

                                                ``(bb) an additional 5-
                                            month period immediately
                                            following the end of the 3-
                                            month period provided under
                                            item (aa) if the covered loan
                                            is made to a borrower that,
                                            according to records of the
                                            Administration, is assigned a
                                            North American Industry
                                            Classification System code
                                            beginning with 61, 71, 72, 213,
                                            315, 448, 451, 481, 485, 487,
                                            511, 512, 515, 532, or 812; and
                                        ``(II) with respect to a loan
                                    described in paragraph (1)(A)(i) or (2)
                                    of subsection (a), the 8-month period
                                    (beginning on or after February 1,
                                    2021) beginning with the later of--
                                                ``(aa) the next payment due
                                            on the covered loan after the
                                            deferment period; or
                                                ``(bb) the first month
                                            after the payments under clause
                                            (i) are complete.
                        ``(C) With respect to a covered loan made during
                    the period beginning on the date of enactment of this
                    Act and ending on the date that is 6 months after such
                    date of enactment, for the 6-month period beginning
                    with the first payment due on the covered loan.
                        ``(D) With respect to a covered loan approved
                    during the period beginning on February 1, 2021, and
                    ending on September 30, 2021, for the 6-month period
                    beginning with the first payment due on the covered
                    loan.''; and
                        (B) by adding at the end the following:
                ``(4) Limitation.--
                        ``(A) In general.--No single monthly payment of
                    principal, interest, and associated fees made by the
                    Administrator under subparagraph (A)(ii), (B)(ii), or
                    (D) of paragraph (1) with respect to a covered loan may
                    be in a total amount that is more than $9,000.
                        ``(B) Treatment of additional amounts owed.--If,
                    for a month, the total amount of principal, interest,
                    and associated fees that are owed on a covered loan for
                    which the Administration makes payments under paragraph
                    (1) is more than $9,000 the Administrator may require
                    the lender with respect to the covered loan to add the
                    amount by which those costs exceed $9,000 for that
                    month as interest to be paid by the borrower with
                    respect to the covered loan at the end of the loan
                    period.
                ``(5) Additional provisions for new loans.--With respect to
            a loan described in paragraph (1)(C)--
                        ``(A) the Administrator may further extend the
                    period described in paragraph (1)(C) if there are
                    sufficient funds to continue those payments; and
                        ``(B) during the underwriting process, a lender of
                    such a loan may consider the payments under this
                    section as part of a comprehensive review to determine
                    the ability to repay over the entire period of maturity
                    of the loan.
                ``(6) Eligibility.--Eligibility for a covered loan to
            receive such payments of principal, interest, and any
            associated fees under this subsection shall be based on the
            date on which the covered loan is approved by the
            Administration.
                ``(7) Authority to revise extensions.--
                        ``(A) In general.--The Administrator shall monitor
                    whether amounts made available to make payments under
                    this subsection are sufficient to make the payments for
                    the periods described in paragraph (1).
                        ``(B) Plan.--If the Administrator determines under
                    subparagraph (A) that the amounts made available to
                    make payments under this subsection are insufficient,
                    the Administrator shall--
                                ``(i) develop a plan to proportionally
                            reduce the number of months provided for each
                            period described in paragraph (1), while
                            ensuring all amounts made available to make
                            payments under this subsection are fully
                            expended; and
                                ``(ii) before taking action under the plan
                            developed under clause (i), submit to Congress
                            a report regarding the plan, which shall
                            include the data that informs the plan.
                ``(8) Additional requirements.--With respect to the
            payments made under this subsection--
                        ``(A) no lender may charge a late fee to a borrower
                    with respect to a covered loan during any period in
                    which the Administrator makes payments with respect to
                    the covered loan under paragraph (1); and
                        ``(B) the Administrator shall, with respect to a
                    covered loan, make all payments with respect to the
                    covered loan under paragraph (1) not later than the
                    15th day of the applicable month.
                ``(9) Rule of construction.--Except as provided in
            paragraph (4), nothing in this subsection may be construed to
            preclude a borrower from receiving full payments of principal,
            interest, and any associated fees authorized under this
            subsection with respect to a covered loan.'';
                (2) by redesignating subsection (f) as subsection (i); and
                (3) by inserting after subsection (e) the following:
        ``(f) Eligibility for New Loans.--For each individual lending
    program under this section, the Administrator may establish a minimum
    loan maturity period, taking into consideration the normal underwriting
    requirements for each such program, with the goal of preventing abuse
    under the program.
        ``(g) Limitation on Assistance.--A borrower may not receive
    assistance under subsection (c) for more than 1 covered loan of the
    borrower described in paragraph (1)(C) of that subsection.
        ``(h) Reporting and Outreach.--
                ``(1) Updated information.--
                        ``(A) In general.--Not later than 14 days after the
                    date of enactment of the Economic Aid to Hard-Hit Small
                    Businesses, Nonprofits, and Venues Act, the
                    Administrator shall make publicly available information
                    regarding the modifications to the assistance provided
                    under this section under the amendments made by such
                    Act.
                        ``(B) Guidance.--Not later than 21 days after the
                    date of enactment of the Economic Aid to Hard-Hit Small
                    Businesses, Nonprofits, and Venues Act the
                    Administrator shall issue guidance on implementing the
                    modifications to the assistance provided under this
                    section under the amendments made by such Act.
                ``(2) Publication of list.--Not later than March 1, 2021,
            the Administrator shall transmit to each lender of a covered
            loan a list of each borrower of a covered loan that includes
            the North American Industry Classification System code assigned
            to the borrower, based on the records of the Administration, to
            assist the lenders in identifying which borrowers qualify for
            an extension of payments under subsection (c).
                ``(3) Education and outreach.--The Administrator shall
            provide education, outreach, and communication to lenders,
            borrowers, district offices, and resource partners of the
            Administration in order to ensure full and proper compliance
            with this section, encourage broad participation with respect
            to covered loans that have not yet been approved by the
            Administrator, and help lenders transition borrowers from
            subsidy payments under this section directly to a deferral when
            suitable for the borrower.
                ``(4) Notification.--Not later than 30 days after the date
            of enactment of the Economic Aid to Hard-Hit Small Businesses,
            Nonprofits, and Venues Act, the Administrator shall mail a
            letter to each borrower of a covered loan that includes--
                        ``(A) an overview of assistance provided under this
                    section;
                        ``(B) the rights of the borrower to receive that
                    assistance;
                        ``(C) how to seek recourse with the Administrator
                    or the lender of the covered loan if the borrower has
                    not received that assistance; and
                        ``(D) the rights of the borrower to request a loan
                    deferral from a lender, and guidance on how to do
                    successfully transition directly to a loan deferral
                    once subsidy payments under this section are concluded.
                ``(5) Monthly reporting.--Not later than the 15th of each
            month beginning after the date of enactment of the Economic Aid
            to Hard-Hit Small Businesses, Nonprofits, and Venues Act, the
            Administrator shall submit to Congress a report on assistance
            provided under this section, which shall include--
                        ``(A) monthly and cumulative data on payments made
                    under this section as of the date of the report,
                    including a breakdown by--
                                ``(i) the number of participating
                            borrowers;
                                ``(ii) the volume of payments made for each
                            type of covered loan; and
                                ``(iii) the volume of payments made for
                            covered loans made before the date of enactment
                            of this Act and loans made after such date of
                            enactment;
                        ``(B) the names of any lenders of covered loans
                    that have not submitted information on the covered
                    loans to the Administrator during the preceding month;
                    and
                        ``(C) an update on the education and outreach
                    activities of the Administration carried out under
                    paragraph (3).''.
        (b) Effective Date; Applicability.--The amendments made by
    subsection (a) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281).

    SEC. 326. MODIFICATIONS TO 7(A) LOAN PROGRAMS.

        (a) 7(a) Loan Guarantees.--
                (1) In general.--Section 7(a)(2)(A) of the Small Business
            Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ``), such
            participation by the Administration shall be equal to'' and all
            that follows through the period at the end and inserting ``or
            the Community Advantage Pilot Program of the Administration),
            such participation by the Administration shall be equal to 90
            percent of the balance of the financing outstanding at the time
            of disbursement of the loan.''.
                (2) Prospective repeal.--Effective October 1, 2021, section
            7(a)(2)(A) of the Small Business Act (15 U.S.C. 636(a)(2)(A)),
            as amended by paragraph (1), is amended to read as follows:
                        ``(A) In general.--Except as provided in
                    subparagraphs (B), (D), (E), and (F), in an agreement
                    to participate in a loan on a deferred basis under this
                    subsection (including a loan made under the Preferred
                    Lenders Program), such participation by the
                    Administration shall be equal to--
                                ``(i) 75 percent of the balance of the
                            financing outstanding at the time of
                            disbursement of the loan, if such balance
                            exceeds $150,000; or
                                ``(ii) 85 percent of the balance of the
                            financing outstanding at the time of
                            disbursement of the loan, if such balance is
                            less than or equal to $150,000.''.
        (b) Express Loans.--
                (1) Loan amount.--Section 1102(c)(2) of the CARES Act
            (Public Law 116-136; 15 U.S.C. 636 note) is amended to read as
            follows:
                ``(2) Prospective repeal.--Effective on October 1, 2021,
            section 7(a)(31)(D) of the Small Business Act (15 U.S.C.
            636(a)(31)(D)) is amended by striking ` $1,000,000' and
            inserting ` $500,000'.''.
                (2) Guarantee rates.--
                        (A) Temporary modification.--Section
                    7(a)(31)(A)(iv) of the Small Business Act (15 U.S.C.
                    636(a)(31)(A)(iv)) is amended by striking ``with a
                    guaranty rate of not more than 50 percent.'' and
                    inserting the following: ``with a guarantee rate--
                                        ``(I) for a loan in an amount less
                                    than or equal to $350,000, of not more
                                    than 75 percent; and
                                        ``(II) for a loan in an amount
                                    greater than $350,000, of not more than
                                    50 percent.''.
                        (B) Prospective repeal.--Effective October 1, 2021,
                    section 7(a)(31)(A)(iv) of the Small Business Act (15
                    U.S.C. 636(a)(31)(iv)), as amended by subparagraph (A),
                    is amended by striking ``guarantee rate'' and all that
                    follows through the period at the end and inserting
                    ``guarantee rate of not more than 50 percent.''.

    SEC. 327. TEMPORARY FEE REDUCTIONS.

        (a) Administrative Fee Waiver.--
                (1) In general.--During the period beginning on the date of
            enactment of this Act and ending on September 30, 2021, and to
            the extent that the cost of such elimination or reduction of
            fees is offset by appropriations, with respect to each loan
            guaranteed under section 7(a) of the Small Business Act (15
            U.S.C. 636(a)) (including a recipient of assistance under the
            Community Advantage Pilot Program of the Administration) for
            which an application is approved or pending approval on or
            after the date of enactment of this Act, the Administrator
            shall--
                        (A) in lieu of the fee otherwise applicable under
                    section 7(a)(23)(A) of the Small Business Act (15
                    U.S.C. 636(a)(23)(A)), collect no fee or reduce fees to
                    the maximum extent possible; and
                        (B) in lieu of the fee otherwise applicable under
                    section 7(a)(18)(A) of the Small Business Act (15
                    U.S.C. 636(a)(18)(A)), collect no fee or reduce fees to
                    the maximum extent possible.
                (2) Application of fee eliminations or reductions.--To the
            extent that amounts are made available to the Administrator for
            the purpose of fee eliminations or reductions under paragraph
            (1), the Administrator shall--
                        (A) first use any amounts provided to eliminate or
                    reduce fees paid by small business borrowers under
                    clauses (i) through (iii) of section 7(a)(18)(A) of the
                    Small Business Act (15 U.S.C. 636(a)(18)(A)), to the
                    maximum extent possible; and
                        (B) then use any amounts provided to eliminate or
                    reduce fees under 7(a)(23)(A) of the Small Business Act
                    (15 U.S.C. 636(a)(23)(A)).
        (b) Temporary Fee Elimination for the 504 Loan Program.--
                (1) In general.--During the period beginning on the date of
            enactment of this Act and ending on September 30, 2021, and to
            the extent the cost of such elimination in fees is offset by
            appropriations, with respect to each project or loan guaranteed
            by the Administrator pursuant to title V of the Small Business
            Investment Act of 1958 (15 U.S.C. 695 et seq.) for which an
            application is approved or pending approval on or after the
            date of enactment of this Act--
                        (A) the Administrator shall, in lieu of the fee
                    otherwise applicable under section 503(d)(2) of the
                    Small Business Investment Act of 1958 (15 U.S.C.
                    697(d)(2)), collect no fee; and
                        (B) a development company shall, in lieu of the
                    processing fee under section 120.971(a)(1) of title 13,
                    Code of Federal Regulations (relating to fees paid by
                    borrowers), or any successor regulation, collect no
                    fee.
                (2) Reimbursement for waived fees.--
                        (A) In general.--To the extent that the cost of
                    such payments is offset by appropriations, the
                    Administrator shall reimburse each development company
                    that does not collect a processing fee pursuant to
                    paragraph (1)(B).
                        (B) Amount.--The payment to a development company
                    under clause (i) shall be in an amount equal to 1.5
                    percent of the net debenture proceeds for which the
                    development company does not collect a processing fee
                    pursuant to paragraph (1)(B).

    SEC. 328. LOW-INTEREST REFINANCING.

        (a) Low-Interest Refinancing Under the Local Development Business
    Loan Program.--
                (1) Repeal.--Section 521(a) of title V of division E of the
            Consolidated Appropriations Act, 2016 (15 U.S.C. 696 note) is
            repealed.
                (2) Refinancing.--Section 502(7) of the Small Business
            Investment Act of 1958 (15 U.S.C. 696(7)) is amended--
                        (A) in subparagraph (B), in the matter preceding
                    clause (i), by striking ``50'' and inserting ``100'';
                    and
                        (B) by adding at the end the following:
                        ``(C) Refinancing not involving expansions.--
                                ``(i) Definitions.--In this subparagraph--
                                        ``(I) the term `borrower' means a
                                    small business concern that submits an
                                    application to a development company
                                    for financing under this subparagraph;
                                        ``(II) the term `eligible fixed
                                    asset' means tangible property relating
                                    to which the Administrator may provide
                                    financing under this section; and
                                        ``(III) the term `qualified debt'
                                    means indebtedness--
                                                ``(aa) that was incurred
                                            not less than 6 months before
                                            the date of the application for
                                            assistance under this
                                            subparagraph;
                                                ``(bb) that is a commercial
                                            loan;
                                                ``(cc) the proceeds of
                                            which were used to acquire an
                                            eligible fixed asset;
                                                ``(dd) that was incurred
                                            for the benefit of the small
                                            business concern; and
                                                ``(ee) that is
                                            collateralized by eligible
                                            fixed assets.
                                ``(ii) Authority.--A project that does not
                            involve the expansion of a small business
                            concern may include the refinancing of
                            qualified debt if--
                                        ``(I) the amount of the financing
                                    is not more than 90 percent of the
                                    value of the collateral for the
                                    financing, except that, if the
                                    appraised value of the eligible fixed
                                    assets serving as collateral for the
                                    financing is less than the amount equal
                                    to 125 percent of the amount of the
                                    financing, the borrower may provide
                                    additional cash or other collateral to
                                    eliminate any deficiency;
                                        ``(II) the borrower has been in
                                    operation for all of the 2-year period
                                    ending on the date the loan application
                                    is submitted; and
                                        ``(III) for a financing for which
                                    the Administrator determines there will
                                    be an additional cost attributable to
                                    the refinancing of the qualified debt,
                                    the borrower agrees to pay a fee in an
                                    amount equal to the anticipated
                                    additional cost.
                                ``(iii) Financing for business expenses.--
                                        ``(I) Financing for business
                                    expenses.--The Administrator may
                                    provide financing to a borrower that
                                    receives financing that includes a
                                    refinancing of qualified debt under
                                    clause (ii), in addition to the
                                    refinancing under clause (ii), to be
                                    used solely for the payment of business
                                    expenses.
                                        ``(II) Application for financing.--
                                    An application for financing under
                                    subclause (I) shall include--
                                                ``(aa) a specific
                                            description of the expenses for
                                            which the additional financing
                                            is requested; and
                                                ``(bb) an itemization of
                                            the amount of each expense.
                                        ``(III) Condition on additional
                                    financing.--A borrower may not use any
                                    part of the financing under this clause
                                    for non-business purposes.
                                ``(iv) Loans based on jobs.--
                                        ``(I) Job creation and retention
                                    goals.--
                                                ``(aa) In general.--The
                                            Administrator may provide
                                            financing under this
                                            subparagraph for a borrower
                                            that meets the job creation
                                            goals under subsection (d) or
                                            (e) of section 501.
                                                ``(bb) Alternate job
                                            retention goal.--The
                                            Administrator may provide
                                            financing under this
                                            subparagraph to a borrower that
                                            does not meet the goals
                                            described in item (aa) in an
                                            amount that is not more than
                                            the product obtained by
                                            multiplying the number of
                                            employees of the borrower by
                                            $75,000.
                                        ``(II) Number of employees.--For
                                    purposes of subclause (I), the number
                                    of employees of a borrower is equal to
                                    the sum of--
                                                ``(aa) the number of full-
                                            time employees of the borrower
                                            on the date on which the
                                            borrower applies for a loan
                                            under this subparagraph; and
                                                ``(bb) the product obtained
                                            by multiplying--

                                                        ``(AA) the number
                                                    of part-time employees
                                                    of the borrower on the
                                                    date on which the
                                                    borrower applies for a
                                                    loan under this
                                                    subparagraph, by

                                                        ``(BB) the quotient
                                                    obtained by dividing
                                                    the average number of
                                                    hours each part time
                                                    employee of the
                                                    borrower works each
                                                    week by 40.

                                ``(v) Total amount of loans.--The
                            Administrator may provide not more than a total
                            of $7,500,000,000 of financing under this
                            subparagraph for each fiscal year.''.
        (b) Express Loan Authority for Accredited Lenders.--
                (1) In general.--Section 507 of the Small Business
            Investment Act of 1958 (15 U.S.C. 697d) is amended by striking
            subsection (e) and inserting the following:
        ``(e) Express Loan Authority.--A local development company
    designated as an accredited lender in accordance with subsection (b)--
                ``(1) may--
                        ``(A) approve, authorize, close, and service
                    covered loans that are funded with proceeds of a
                    debenture issued by the company; and
                        ``(B) authorize the guarantee of a debenture
                    described in subparagraph (A); and
                ``(2) with respect to a covered loan, shall be subject to
            final approval as to eligibility of any guarantee by the
            Administration pursuant to section 503(a), but such final
            approval shall not include review of decisions by the lender
            involving creditworthiness, loan closing, or compliance with
            legal requirements imposed by law or regulation.
        ``(f) Definitions.--In this section--
                ``(1) the term `accredited lender certified company' means
            a certified development company that meets the requirements
            under subsection (b), including a certified development company
            that the Administration has designated as an accredited lender
            under that subsection;
                ``(2) the term `covered loan'--
                        ``(A) means a loan made under section 502 in an
                    amount that is not more than $500,000; and
                        ``(B) does not include a loan made to a borrower
                    that is in an industry that has a high rate of default,
                    as annually determined by the Administrator and
                    reported in rules of the Administration; and
                ``(3) the term `qualified State or local development
            company' has the meaning given the term in section 503(e).''.
                (2) Prospective repeal.--Effective on September 30, 2023,
            section 507 of the Small Business Investment Act of 1958 (15
            U.S.C. 697d), as amended by paragraph (1), is amended by
            striking subsections (e) and (f) and inserting the following:
        ``(e) Definition.--In this section, the term `qualified State or
    local development company' has the meaning given the term in section
    503(e).''.
        (c) Refinancing Senior Project Debt.--During the 1-year period
    beginning on the date of enactment of this Act, a development company
    described in title V of the Small Business Investment Act of 1958 (15
    U.S.C. 695 et seq.) is authorized to allow the refinancing of a senior
    loan on an existing project in an amount that, when combined with the
    outstanding balance on the development company loan, is not more than
    90 percent of the total loan to value. Proceeds of such refinancing can
    be used to support business operating expenses.

    SEC. 329. RECOVERY ASSISTANCE UNDER THE MICROLOAN PROGRAM.

        (a) Loans to Intermediaries.--
                (1) In general.--Section 7(m) of the Small Business Act (15
            U.S.C. 636(m)) is amended--
                        (A) in paragraph (3)(C)--
                                (i) by striking ``and $6,000,000'' and
                            inserting `` $10,000,000 (in the aggregate)'';
                            and
                                (ii) by inserting before the period at the
                            end the following: ``, and $4,500,000 in any of
                            those remaining years'';
                        (B) in paragraph (4)--
                                (i) in subparagraph (A), by striking
                            ``subparagraph (C)'' each place that term
                            appears and inserting ``subparagraphs (C) and
                            (G)'';
                                (ii) in subparagraph (C), by amending
                            clause (i) to read as follows:
                                ``(i) In general.--In addition to grants
                            made under subparagraph (A) or (G), each
                            intermediary shall be eligible to receive a
                            grant equal to 5 percent of the total
                            outstanding balance of loans made to the
                            intermediary under this subsection if--
                                        ``(I) the intermediary provides not
                                    less than 25 percent of its loans to
                                    small business concerns located in or
                                    owned by 1 or more residents of an
                                    economically distressed area; or
                                        ``(II) the intermediary has a
                                    portfolio of loans made under this
                                    subsection--
                                                ``(aa) that averages not
                                            more than $10,000 during the
                                            period of the intermediary's
                                            participation in the program;
                                            or
                                                ``(bb) of which not less
                                            than 25 percent is serving
                                            rural areas during the period
                                            of the intermediary's
                                            participation in the
                                            program.''; and
                                (iii) by adding at the end the following:
                        ``(G) Grant amounts based on appropriations.--In
                    any fiscal year in which the amount appropriated to
                    make grants under subparagraph (A) is sufficient to
                    provide to each intermediary that receives a loan under
                    paragraph (1)(B)(i) a grant of not less than 25 percent
                    of the total outstanding balance of loans made to the
                    intermediary under this subsection, the Administration
                    shall make a grant under subparagraph (A) to each
                    intermediary of not less than 25 percent and not more
                    than 30 percent of that total outstanding balance for
                    the intermediary.''; and
                        (C) in paragraph (11)--
                                (i) in subparagraph (C)(ii), by striking
                            all after the semicolon and inserting ``and'';
                            and
                                (ii) by striking all after subparagraph (C)
                            and inserting the following:
                        ``(D) the term `economically distressed area', as
                    used in paragraph (4), means a county or equivalent
                    division of local government of a State in which the
                    small business concern is located, in which, according
                    to the most recent data available from the Bureau of
                    the Census, Department of Commerce, not less than 40
                    percent of residents have an annual income that is at
                    or below the poverty level.''.
                (2) Prospective amendment.--Effective on October 1, 2021,
            section 7(m)(3)(C) of the Small Business Act (15 U.S.C.
            636(m)(3)(C)), as amended by paragraph (1)(A), is amended--
                        (A) by striking `` $10,000,000'' and by inserting
                    `` $7,000,000''; and
                        (B) by striking `` $4,500,000'' and inserting ``
                    $3,000,000''.
        (b) Temporary Waiver of Technical Assistance Grants Matching
    Requirements and Flexibility on Pre- and Post-Loan Assistance.--During
    the period beginning on the date of enactment of this Act and ending on
    September 30, 2021, the Administration shall waive--
                (1) the requirement to contribute non-Federal funds under
            section 7(m)(4)(B) of the Small Business Act (15 U.S.C.
            636(m)(4)(B)); and
                (2) the limitation on amounts allowed to be expended to
            provide information and technical assistance under clause (i)
            of section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
            636(m)(4)(E)) and enter into third party contracts for the
            provision of technical assistance under clause (ii) of such
            section 7(m)(4)(E).
        (c) Temporary Duration of Loans to Borrowers.--
                (1) In general.--During the period beginning on the date of
            enactment of this Act and ending on September 30, 2021, the
            duration of a loan made by an eligible intermediary under
            section 7(m) of the Small Business Act (15 U.S.C. 636(m))--
                        (A) to an existing borrower may be extended to not
                    more than 8 years; and
                        (B) to a new borrower may be not more than 8 years.
                (2) Reversion.--On and after October 1, 2021, the duration
            of a loan made by an eligible intermediary to a borrower under
            section 7(m) of the Small Business Act (15 U.S.C. 636(m)) shall
            be 7 years or such other amount established by the
            Administrator.
        (d) Funding.--Section 20 of the Small Business Act (15 U.S.C. 631
    note) is amended by adding at the end the following:
        ``(h) Microloan Program.--For each of fiscal years 2021 through
    2025, the Administration is authorized to make--
                ``(1) $80,000,000 in technical assistance grants, as
            provided in section 7(m); and
                ``(2) $110,000,000 in direct loans, as provided in section
            7(m).''.
        (e) Authorization of Appropriations.--In addition to amounts
    provided under the Consolidated Appropriations Act, 2020 (Public Law
    116-93; 133 Stat. 2317) for the program established under section 7(m)
    of the Small Business Act (15 U.S.C. 636(m)) and amounts provided for
    fiscal year 2021 for that program, there is authorized to be
    appropriated for fiscal year 2021, to remain available until expended--
                (1) $50,000,000 to provide technical assistance grants
            under such section 7(m); and
                (2) $7,000,000 to provide direct loans under such section
            7(m).

    SEC. 330. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.

        (a) In General.--The Administrator shall ensure that a small
    business concern participating in the program established under section
    8(a) of the Small Business Act (15 U.S.C. 637(a)) on or before
    September 9, 2020, may elect to extend such participation by a period
    of 1 year, regardless of whether the small business concern previously
    elected to suspend participation in the program pursuant to guidance of
    the Administrator.
        (b) Emergency Rulemaking Authority.--Not later than 15 days after
    the date of enactment of this Act, the Administrator shall issue
    regulations to carry out this section without regard to the notice
    requirements under section 553(b) of title 5, United States Code.

    SEC. 331. TARGETED EIDL ADVANCE FOR SMALL BUSINESS CONTINUITY,
                  ADAPTATION, AND RESILIENCY.

        (a) Definitions.--In this section:
                (1) Agricultural enterprise.--The term ``agricultural
            enterprise'' has the meaning given the term in section 18(b) of
            the Small Business Act (15 U.S.C. 647(b)).
                (2) Covered entity.--The term ``covered entity''--
                        (A) means an eligible entity that--
                                (i) applies for a loan under section
                            7(b)(2) of the Small Business Act (15 U.S.C.
                            636(b)(2)) during the covered period, including
                            before the date of enactment of this Act;
                                (ii) is located in a low-income community;
                                (iii) has suffered an economic loss of
                            greater than 30 percent; and
                                (iv) employs not more than 300 employees;
                            and
                        (B) except with respect to an entity included under
                    section 123.300(c) of title 13, Code of Federal
                    Regulations, or any successor regulation, does not
                    include an agricultural enterprise.
                (3) Covered period.--The term ``covered period'' has the
            meaning given the term in section 1110(a)(1) of the CARES Act
            (15 U.S.C. 9009(a)(1)), as amended by section 332 of this Act.
                (4) Economic loss.--The term ``economic loss'' means, with
            respect to a covered entity--
                        (A) the amount by which the gross receipts of the
                    covered entity declined during an 8-week period between
                    March 2, 2020, and December 31, 2021, relative to a
                    comparable 8-week period immediately preceding March 2,
                    2020, or during 2019; or
                        (B) if the covered entity is a seasonal business
                    concern, such other amount determined appropriate by
                    the Administrator.
                (5) Eligible entity.--The term ``eligible entity'' means an
            entity that, during the covered period, is eligible for a loan
            made under section 7(b)(2) of the Small Business Act (15 U.S.C.
            636(b)(2)), as described in section 1110(b) of the CARES Act
            (15 U.S.C. 9009(b)).
                (6) Low-income community.--The term ``low-income
            community'' has the meaning given the term in section 45D(e) of
            the Internal Revenue Code of 1986.
        (b) Entitlement to Full Amount.--
                (1) In general.--Subject to paragraph (2), a covered
            entity, after submitting a request to the Administrator that
            the Administrator verifies under subsection (c), shall receive
            a total of $10,000 under section 1110(e) of the CARES Act (15
            U.S.C. 9009(e)), without regard to whether--
                        (A) the applicable loan for which the covered
                    entity applies or applied under section 7(b)(2) of the
                    Small Business Act (15 U.S.C. 636(b)(2)) is or was
                    approved;
                        (B) the covered entity accepts or accepted the
                    offer of the Administrator with respect to an approved
                    loan described in subparagraph (A); or
                        (C) the covered entity has previously received a
                    loan under section 7(a)(36) of the Small Business Act
                    (15 U.S.C. 636(a)(36)).
                (2) Effect of previously received amounts.--
                        (A) In general.--With respect to a covered entity
                    that received an emergency grant under section 1110(e)
                    of the CARES Act (15 U.S.C. 9009(e)) before the date of
                    enactment of this Act, the amount of the payment that
                    the covered entity shall receive under this subsection
                    (after satisfaction of the procedures required under
                    subparagraph (B)) shall be the difference between
                    $10,000 and the amount of that previously received
                    grant.
                        (B) Procedures.--If the Administrator receives a
                    request under paragraph (1) from a covered entity
                    described in subparagraph (A) of this paragraph, the
                    Administrator shall, not later than 21 days after the
                    date on which the Administrator receives the request--
                                (i) perform the verification required under
                            subsection (c);
                                (ii) if the Administrator, under subsection
                            (c), verifies that the entity is a covered
                            entity, provide to the covered entity a payment
                            in the amount described in subparagraph (A);
                            and
                                (iii) with respect to a covered entity that
                            the Administrator determines is not entitled to
                            a payment under this section, provide the
                            covered entity with a notification explaining
                            why the Administrator reached that
                            determination.
                        (C) Rule of construction.--Nothing in this
                    paragraph may be construed to require any entity that
                    received an emergency grant under section 1110(e) of
                    the CARES Act (15 U.S.C. 9009(e)) before the date of
                    enactment of this Act to repay any amount of that
                    grant.
        (c) Verification.--In carrying out this section, the Administrator
    shall require any information, including any tax records, from an
    entity submitting a request under subsection (b) that the Administrator
    determines to be necessary to verify that the entity is a covered
    entity, without regard to whether the entity has previously submitted
    such information to the Administrator.
        (d) Order of Processing.--The Administrator shall process and
    approve requests for payments under subsection (b) in the order that
    the Administrator receives the requests, except that the Administrator
    shall give--
                (1) first priority to covered entities described in
            subsection (b)(2)(A); and
                (2) second priority to covered entities that have not
            received emergency grants under section 1110(e) of the CARES
            Act (15 U.S.C. 9009(e)), as of the date on which the
            Administrator receives such a request, because of the
            unavailability of funding to carry out such section 1110(e).
        (e) Applicability.--In addition to any other restriction imposed
    under this section, any eligibility restriction applicable to a loan
    made under section 7(b)(2) of the Small Business Act (15 U.S.C.
    636(b)(2)), including any restriction under section 123.300 or 123.301
    of title 13, Code of Federal Regulations, or any successor regulation,
    shall apply with respect to funding provided under this section.
        (f) Notification Required.--The Administrator shall provide notice
    to each of the following entities stating that the entity may be
    eligible for a payment under this section if the entity satisfies the
    requirements under clauses (ii), (iii), and (iv) of subsection
    (a)(2)(A):
                (1) Each entity that received an emergency grant under
            section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before the
            date of enactment of this Act.
                (2) Each entity that, before the date of enactment of this
            Act--
                        (A) applied for a loan under section 7(b)(2) of the
                    Small Business Act (15 U.S.C. 636(b)(2)); and
                        (B) did not receive an emergency grant under
                    section 1110(e) of the CARES Act (15 U.S.C. 9009(e))
                    because of the unavailability of funding to carry out
                    such section 1110(e).
        (g) Administration.--In carrying out this section, the
    Administrator may rely on loan officers and other personnel of the
    Office of Disaster Assistance of the Administration and other resources
    of the Administration, including contractors of the Administration.
        (h) Authorization of Appropriations.--There are authorized to be
    appropriated to the Administrator $20,000,000,000 to carry out this
    section--
                (1) which shall remain available through December 31, 2021;
            and
                (2) of which $20,000,000 is authorized to be appropriated
            to the Inspector General of the Administration to prevent
            waste, fraud, and abuse with respect to funding provided under
            this section.

    SEC. 332. EMERGENCY EIDL GRANTS.

        Section 1110 of the CARES Act (15 U.S.C. 9009) is amended--
                (1) in subsection (a)(1), by striking ``December 31, 2020''
            and inserting ``December 31, 2021'';
                (2) in subsection (d), by striking paragraphs (1) and (2)
            and inserting the following:
                ``(1) approve an applicant--
                        ``(A) based solely on the credit score of the
                    applicant; or
                        ``(B) by using alternative appropriate methods to
                    determine an applicant's ability to repay; and
                ``(2) use information from the Department of the Treasury
            to confirm that--
                        ``(A) an applicant is eligible to receive such a
                    loan; or
                        ``(B) the information contained in an application
                    for such a loan is accurate.''; and
                (3) in subsection (e)--
                        (A) in paragraph (1)--
                                (i) by striking ``During the covered
                            period'' and inserting the following:
                        ``(A) Advances.--During the covered period'';
                                (ii) in subparagraph (A), as so designated,
                            by striking ``within 3 days after the
                            Administrator receives an application from such
                            applicant''; and
                                (iii) by adding at the end the following:
                        ``(B) Timing.--With respect to each request
                    submitted to the Administrator under subparagraph (A),
                    the Administrator shall, not later than 21 days after
                    the date on which the Administrator receives the
                    request--
                                ``(i) verify whether the entity is an
                            entity that is eligible for a loan made under
                            section 7(b)(2) of the Small Business Act (15
                            U.S.C. 636(b)(2)) during the covered period, as
                            described in subsection (b);
                                ``(ii) if the Administrator, under clause
                            (i), verifies that the entity submitting the
                            request is an entity that is eligible, as
                            described in that clause, provide the advance
                            requested by the entity; and
                                ``(iii) with respect to an entity that the
                            Administrator determines is not entitled to
                            receive an advance under this subsection,
                            provide the entity with a notification
                            explaining why the Administrator reached that
                            determination.'';
                        (B) in paragraph (7), by striking ``
                    $20,000,000,000'' and inserting `` $40,000,000,000'';
                    and
                        (C) in paragraph (8), by striking ``December 31,
                    2020'' and inserting ``December 31, 2021''.

    SEC. 333. REPEAL OF EIDL ADVANCE DEDUCTION.

        (a) Definitions.--In this section--
                (1) the term ``covered entity'' means an entity that
            receives an advance under section 1110(e) of the CARES Act (15
            U.S.C. 9009(e)), including an entity that received such an
            advance before the date of enactment of this Act; and
                (2) the term ``covered period'' has the meaning given the
            term in section 1110(a)(1) of the CARES Act (15 U.S.C.
            9009(a)(1)), as amended by section 332 of this Act.
        (b) Sense of Congress.--It is the sense of Congress that borrowers
    of loans made under section 7(b)(2) of the Small Business Act (15
    U.S.C. 636(b)(2)) in response to COVID-19 during the covered period
    should be made whole, without regard to whether those borrowers are
    eligible for forgiveness with respect to those loans.
        (c) Repeal.--Section 1110(e)(6) of the CARES Act (15 U.S.C.
    9009(e)(6)) is repealed.
        (d) Effective Date; Applicability.--The amendment made by
    subsection (c) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281).
        (e) Rulemaking.--
                (1) In general.--Not later than 15 days after the date of
            enactment of this Act, the Administrator shall issue rules that
            ensure the equal treatment of all covered entities with respect
            to the amendment made by subsection (c), which shall include
            consideration of covered entities that, before the date of
            enactment of this Act, completed the loan forgiveness process
            described in section 1110(e)(6) of the CARES Act (15 U.S.C.
            9009(e)(6)), as in effect before that date of enactment.
                (2) Notice and comment.-- The notice and comment
            requirements under section 553 of title 5, United States Code,
            shall not apply with respect to the rules issued under
            paragraph (1).

    SEC. 334. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(A) LOANS.

        Section 7(a)(7) of the Small Business Act (15 U.S.C. 636(a)(7)) is
    amended--
                (1) by striking ``The Administration'' and inserting ``(A)
            In general.--The Administrator'';
                (2) in subparagraph (A), as so designated, by inserting
            ``and interest'' after ``principal''; and
                (3) by adding at the end the following:
                        ``(B) Deferral requirements.--With respect to a
                    deferral provided under this paragraph, the
                    Administrator may allow lenders under this subsection--
                                ``(i) to provide full payment deferment
                            relief (including payment of principal and
                            interest) for a period of not more than 1 year;
                            and
                                ``(ii) to provide an additional deferment
                            period if the borrower provides documentation
                            justifying such additional deferment.
                        ``(C) Secondary market.--
                                ``(i) In general.--Except as provided in
                            clause (ii), if an investor declines to approve
                            a deferral or additional deferment requested by
                            a lender under subparagraph (B), the
                            Administrator shall exercise the authority to
                            purchase the loan so that the borrower may
                            receive full payment deferment relief
                            (including payment of principal and interest)
                            or an additional deferment as described in
                            subparagraph (B).
                                ``(ii) Exception.--If, in a fiscal year,
                            the Administrator determines that the cost of
                            implementing clause (i) is greater than zero,
                            the Administrator shall not implement that
                            clause.''.

    SEC. 335. DOCUMENTATION REQUIRED FOR CERTAIN ELIGIBLE RECIPIENTS.

        (a) In General.--Section 7(a)(36)(D)(ii)(II) of the Small Business
    Act (15 U.S.C. 636(a)(36)(D)(ii)(II)) is amended by striking ``as is
    necessary'' and all that follows through the period at the end and
    inserting ``as determined necessary by the Administrator and the
    Secretary, to establish the applicant as eligible.''.
        (b) Effective Date; Applicability.--The amendment made by
    subsection (a) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made
    pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) before, on, or after the date of enactment of this Act,
    including forgiveness of such a loan.

    SEC. 336. ELECTION OF 12-WEEK PERIOD BY SEASONAL EMPLOYERS.

        (a) In General.--Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small
    Business Act (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amended by
    striking ``, in the case of an applicant'' and all that follows through
    ``June 30, 2019'' and inserting the following: ``an applicant that is a
    seasonal employer shall use the average total monthly payments for
    payroll for any 12-week period selected by the seasonal employer
    between February 15, 2019, and February 15, 2020''.
        (b) Effective Date; Applicability.--
                (1) In general.--Except as provided in paragraph (2), the
            amendment made by subsection (a) shall be effective as if
            included in the CARES Act (Public Law 116-136; 134 Stat. 281)
            and shall apply to any loan made pursuant to section 7(a)(36)
            of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or
            after the date of enactment of this Act, including forgiveness
            of such a loan.
                (2) Exclusion of loans already forgiven.--The amendment
            made by subsection (a) shall not apply to a loan made pursuant
            to section 7(a)(36) of the Small Business Act (15 U.S.C.
            636(a)(36)) for which the borrower received forgiveness before
            the date of enactment of this Act under section 1106 of the
            CARES Act, as in effect on the day before such date of
            enactment.

    SEC. 337. INCLUSION OF CERTAIN REFINANCING IN NONRECOURSE REQUIREMENTS.

        (a) In General.--Section 7(a)(36)(F)(v) of the Small Business Act
    (15 U.S.C. 636(a)(36)(F)(v)) is amended by striking ``clause (i)'' and
    inserting ``clause (i) or (iv)''.
        (b) Effective Date; Applicability.--The amendment made by
    subsection (a) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made
    pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) before, on, or after the date of enactment of this Act,
    including forgiveness of such a loan.

    SEC. 338. APPLICATION OF CERTAIN TERMS THROUGH LIFE OF COVERED LOAN.

        (a) In General.--Section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)) is amended--
                (1) in subparagraph (H), in the matter preceding clause
            (i), by striking ``During the covered period, with'' and
            inserting ``With'';
                (2) in subparagraph (J), in the matter preceding clause
            (i), by striking ``During the covered period, with'' and
            inserting ``With''; and
                (3) in subparagraph (M)--
                        (A) in clause (ii), in the matter preceding
                    subclause (I), by striking ``During the covered period,
                    the'' and inserting ``The''; and
                        (B) in clause (iii), by striking ``During the
                    covered period, with'' and inserting ``With''.
        (b) Effective Date; Applicability.--The amendments made by
    subsection (a) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made
    pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) before, on, or after the date of enactment of this Act,
    including forgiveness of such a loan.

    SEC. 339. INTEREST CALCULATION ON COVERED LOANS.

        (a) Definitions.--In this section, the terms ``covered loan'' and
    ``eligible recipient'' have the meanings given the terms in section
    7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A)).
        (b) Calculation.--Section 7(a)(36)(L) of the Small Business Act (15
    U.S.C. 636(a)(36)(L)) is amended by inserting ``, calculated on a non-
    compounding, non-adjustable basis'' after ``4 percent''.
        (c) Applicability.--The amendment made by subsection (b) may apply
    with respect to a covered loan made before the date of enactment of
    this Act, upon the agreement of the lender and the eligible recipient
    with respect to the covered loan.

    SEC. 340. REIMBURSEMENT FOR PROCESSING.

        (a) Reimbursement.--Section 7(a)(36)(P) of the Small Business Act
    (15 U.S.C. 636(a)(36)(P)) is amended--
                (1) by amending clause (i) to read as follows:
                                ``(i) In general.--The Administrator shall
                            reimburse a lender authorized to make a covered
                            loan as follows:
                                        ``(I) With respect to a covered
                                    loan made during the period beginning
                                    on the date of enactment of this
                                    paragraph and ending on the day before
                                    the date of enactment of the Economic
                                    Aid to Hard-Hit Small Businesses,
                                    Nonprofits, and Venues Act, the
                                    Administrator shall reimburse such a
                                    lender at a rate, based on the balance
                                    of the financing outstanding at the
                                    time of disbursement of the covered
                                    loan, of--
                                                ``(aa) 5 percent for loans
                                            of not more than $350,000;
                                                ``(bb) 3 percent for loans
                                            of more than $350,000 and less
                                            than $2,000,000; and
                                                ``(cc) 1 percent for loans
                                            of not less than $2,000,000.
                                        ``(II) With respect to a covered
                                    loan made on or after the date of
                                    enactment of the Economic Aid to Hard-
                                    Hit Small Businesses, Nonprofits, and
                                    Venues Act, the Administrator shall
                                    reimburse such a lender--
                                                ``(aa) for a covered loan
                                            of not more than $50,000, in an
                                            amount equal to the lesser of--

                                                        ``(AA) 50 percent
                                                    of the balance of the
                                                    financing outstanding
                                                    at the time of
                                                    disbursement of the
                                                    covered loan; or

                                                        ``(BB) $2,500; and

                                                ``(bb) at a rate, based on
                                            the balance of the financing
                                            outstanding at the time of
                                            disbursement of the covered
                                            loan, of--

                                                        ``(AA) 5 percent
                                                    for a covered loan of
                                                    more than $50,000 and
                                                    not more than $350,000;

                                                        ``(BB) 3 percent
                                                    for a covered loan of
                                                    more than $350,000 and
                                                    less than $2,000,000;
                                                    and

                                                        ``(CC) 1 percent
                                                    for a covered loan of
                                                    not less than
                                                    $2,000,000.''; and

                (2) by amending clause (iii) to read as follows:
                                ``(iii) Timing.--A reimbursement described
                            in clause (i) shall be made not later than 5
                            days after the reported disbursement of the
                            covered loan and may not be required to be
                            repaid by a lender unless the lender is found
                            guilty of an act of fraud in connection with
                            the covered loan.''.
        (b) Fee Limits.--
                (1) In general.--Section 7(a)(36)(P)(ii) of the Small
            Business Act (15 U.S.C. 636(a)(36)(P)(ii)) is amended by adding
            at the end the following: ``If an eligible recipient has
            knowingly retained an agent, such fees shall be paid by the
            eligible recipient and may not be paid out of the proceeds of a
            covered loan. A lender shall only be responsible for paying
            fees to an agent for services for which the lender directly
            contracts with the agent.''.
                (2) Effective date; applicability.--The amendment made by
            paragraph (1) shall be effective as if included in the CARES
            Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
            loan made pursuant to section 7(a)(36) of the Small Business
            Act (15 U.S.C. 636(a)(36)) before, on, or after the date of
            enactment of this Act, including forgiveness of such a loan.

    SEC. 341. DUPLICATION REQUIREMENTS FOR ECONOMIC INJURY DISASTER LOAN
                  RECIPIENTS.

        Section 7(a)(36)(Q) of the Small Business Act (15 U.S.C.
    636(a)(36)(Q)) is amended by striking ``during the period beginning on
    January 31, 2020, and ending on the date on which covered loans are
    made available''.

    SEC. 342. PROHIBITION OF ELIGIBILITY FOR PUBLICLY-TRADED COMPANIES.

        Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36))
    is amended--
                (1) in subparagraph (A), as amended by section 318 of this
            Act, by adding at the end the following:
                                ``(xvi) the terms `exchange', `issuer', and
                            `security' have the meanings given those terms
                            in section 3(a) of the Securities Exchange Act
                            of 1934 (15 U.S.C. 78c(a)).''; and
                (2) in subparagraph (D), as amended by section 318 of this
            Act by adding at the end the following:
                                ``(viii) Ineligibility of publicly-traded
                            entities.--Notwithstanding any other provision
                            of this paragraph, on and after the date of
                            enactment of the Economic Aid to Hard-Hit Small
                            Businesses, Nonprofits, and Venues Act, an
                            entity that is an issuer, the securities of
                            which are listed on an exchange registered as a
                            national securities exchange under section 6 of
                            the Securities Exchange Act of 1934 (15 U.S.C.
                            78f), shall be ineligible to receive a covered
                            loan under this paragraph.''.

    SEC. 343. COVERED PERIOD FOR NEW PARAGRAPH (36) LOANS.

        (a) In General.--Section 7(a)(36)(A)(iii) of the Small Business Act
    (15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ``December 31,
    2020'' and inserting ``March 31, 2021''.
        (b) Effective Date; Applicability.--The amendment made by
    subsection (a) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made
    pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) before, on, or after the date of enactment of this Act,
    including forgiveness of such a loan.

    SEC. 344. APPLICABLE PERIODS FOR PRORATION.

        Section 7(a)(36)(A)(viii) of the Small Business Act (15 U.S.C.
    636(a)(36)(A)(viii)) is amended--
                (1) in subclause (I)(bb), by striking ``in 1 year, as
            prorated for the covered period'' and inserting ``on an
            annualized basis, as prorated for the period during which the
            payments are made or the obligation to make the payments is
            incurred''; and
                (2) in subclause (II)--
                        (A) in item (aa), by striking ``an annual salary of
                    $100,000, as prorated for the covered period'' and
                    inserting `` $100,000 on an annualized basis, as
                    prorated for the period during which the compensation
                    is paid or the obligation to pay the compensation is
                    incurred''; and
                        (B) in item (bb), by striking ``covered'' and
                    inserting ``applicable''.

    SEC. 345. EXTENSION OF WAIVER OF MATCHING FUNDS REQUIREMENT UNDER THE
                  WOMEN'S BUSINESS CENTER PROGRAM.

        (a) In General.--Section 1105 of the CARES Act (15 U.S.C. 9004) is
    amended by striking ``the 3-month period beginning on the date of
    enactment of this Act'' and inserting ``the period beginning on the
    date of enactment of this Act and ending on June 30, 2021''.
        (b) Effective Date; Applicability.--The amendment made by
    subsection (a) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281).

    SEC. 346. CLARIFICATION OF USE OF CARES ACT FUNDS FOR SMALL BUSINESS
                  DEVELOPMENT CENTERS.

        (a) In General.--Section 1103(b)(3)(A) of the CARES Act (15 U.S.C.
    9002(b)(3)(A)) is amended--
                (1) by striking ``The Administration'' and inserting the
            following:
                                ``(i) In general.--The Administration'';
                            and
                (2) by adding at the end the following:
                                ``(ii) Clarification of use.--Awards made
                            under clause (i) shall be in addition to, and
                            separate from, any amounts appropriated to make
                            grants under section 21(a) of the Small
                            Business Act (15 U.S.C. 648(a)) and such an
                            award may be used to complement and support
                            such a grant, except that priority with respect
                            to the receipt of that assistance shall be
                            given to small business development centers
                            that have been affected by issues described in
                            paragraph (2).''.
        (b) Effective Date; Applicability.--The amendments made by
    subsection (a) shall be effective as if included in the CARES Act
    (Public Law 116-136; 134 Stat. 281).

    SEC. 347. GAO REPORT.

        Not later than 120 days after the date of enactment of this Act,
    the Comptroller General of the United States shall submit to the
    Committee on Small Business and Entrepreneurship of the Senate and the
    Committee on Small Business of the House of Representatives a report
    regarding the use by the Administration of funds made available to the
    Administration through supplemental appropriations in fiscal year 2020,
    the purpose of which was for administrative expenses.

    SEC. 348. EFFECTIVE DATE; APPLICABILITY.

        Except as otherwise provided in this Act, this Act and the
    amendments made by this Act shall take effect on the date of enactment
    of this Act and apply to loans and grants made on or after the date of
    enactment of this Act.

                            TITLE IV--TRANSPORTATION

                  Subtitle A--Airline Worker Support Extension

    SEC. 401. DEFINITIONS.

        Unless otherwise specified, the definitions in section 40102(a) of
    title 49, United States Code, shall apply to this subtitle, except that
    in this subtitle--
                (1) the term ``catering functions'' means preparation,
            assembly, or both, of food, beverages, provisions and related
            supplies for delivery, and the delivery of such items, directly
            to aircraft or to a location on or near airport property for
            subsequent delivery to aircraft;
                (2) the term ``contractor'' means--
                        (A) a person that performs, under contract with a
                    passenger air carrier conducting operations under part
                    121 of title 14, Code of Federal Regulations--
                                (i) catering functions; or
                                (ii) functions on the property of an
                            airport that are directly related to the air
                            transportation of persons, property, or mail,
                            including, but not limited to, the loading and
                            unloading of property on aircraft, assistance
                            to passengers under part 382 of title 14, Code
                            of Federal Regulations, security, airport
                            ticketing and check-in functions, ground-
                            handling of aircraft, or aircraft cleaning and
                            sanitization functions and waste removal; or
                        (B) a subcontractor that performs such functions;
                (3) the term ``employee'' means an individual, other than a
            corporate officer, who is employed by an air carrier or a
            contractor;
                (4) the term ``recall'' means the dispatch of a notice by a
            passenger air carrier or a contractor, via mail, courier, or
            electronic mail, to an involuntarily furloughed employee
            notifying the employee that--
                        (A) the employee must, within a specified period of
                    time, elect either--
                                (i) to return to employment or bypass
                            return to employment, in accordance with an
                            applicable collective bargaining agreement or,
                            in the absence of a collective bargaining
                            agreement, company policy; or
                                (ii) to permanently separate from
                            employment with the passenger air carrier or
                            contractor; and
                        (B) failure to respond within such time period
                    specified shall be considered an election under
                    subparagraph (A)(ii);
                (5) the term ``returning employee'' means an involuntarily
            furloughed employee who has elected to return to employment
            pursuant to a recall notice; and
                (6) the term ``Secretary'' means the Secretary of the
            Treasury.

    SEC. 402. PANDEMIC RELIEF FOR AVIATION WORKERS.

        (a) Financial Assistance for Employee Wages, Salaries, and
    Benefits.--Notwithstanding any other provision of law, to preserve
    aviation jobs and compensate air carrier industry workers, the
    Secretary shall provide financial assistance that shall exclusively be
    used for the continuation of payment of employee wages, salaries, and
    benefits to--
                (1) passenger air carriers, in an aggregate amount up to
            $15,000,000,000; and
                (2) contractors, in an aggregate amount up to
            $1,000,000,000.
        (b) Administrative Expenses.--Notwithstanding any other provision
    of law, the Secretary may use funds made available under section
    4112(b) of the CARES Act (15 U.S.C. 9072(b)) for costs and
    administrative expenses associated with providing financial assistance
    under this subtitle.

    SEC. 403. PROCEDURES FOR PROVIDING PAYROLL SUPPORT.

        (a) Awardable Amounts.--The Secretary shall provide financial
    assistance under this subtitle--
                (1) to a passenger air carrier required to file reports
            pursuant to part 241 of title 14, Code of Federal Regulations,
            as of March 27, 2020, in an amount equal to--
                        (A) the amount such air carrier was approved to
                    receive (without taking into account any pro rata
                    reduction) under section 4113 of the CARES Act (15
                    U.S.C. 9073); or
                        (B) at the request of such air carrier, or in the
                    event such air carrier did not receive assistance under
                    section 4113 of the CARES Act (15 U.S.C. 9073), the
                    amount of the salaries and benefits reported by the air
                    carrier to the Department of Transportation pursuant to
                    such part 241, for the period from October 1, 2019,
                    through March 31, 2020;
                (2) to a passenger air carrier that was not required to
            transmit reports under such part 241, as of March 27, 2020, in
            an amount equal to--
                        (A) the amount such air carrier was approved to
                    receive (without taking into account any pro rata
                    reduction) under section 4113 of the CARES Act (15
                    U.S.C. 9073), plus an additional 15 percent of such
                    amount;
                        (B) at the request of such air carrier, provided
                    such air carrier received assistance under section 4113
                    of the CARES Act (15 U.S.C. 9073), the sum of--
                                (i) the amount that such air carrier
                            certifies, using sworn financial statements or
                            other appropriate data, as the amount of total
                            salaries and related fringe benefits that such
                            air carrier incurred and would be required to
                            be reported to the Department of Transportation
                            pursuant to such part 241, if such air carrier
                            was required to transmit such information
                            during the period from April 1, 2019, through
                            September 30, 2019; and
                                (ii) an additional amount equal to the
                            difference between the amount certified under
                            clause (i) and the amount the air carrier
                            received under section 4113 of the CARES Act
                            (15 U.S.C. 9073); or
                        (C) in the event such air carrier did not receive
                    assistance under section 4113 of the CARES Act (15
                    U.S.C. 9073), an amount that such an air carrier
                    certifies, using sworn financial statements or other
                    appropriate data, as the amount of total salaries and
                    related fringe benefits that such air carrier incurred
                    and would be required to be reported to the Department
                    of Transportation pursuant to such part 241, if such
                    air carrier was required to transmit such information
                    during the period from October 1, 2019, through March
                    31, 2020; and
                (3) to a contractor in an amount equal to--
                        (A) the amount such contractor was approved to
                    receive (without taking into account any pro rata
                    reduction) under section 4113 of the CARES Act (15
                    U.S.C. 9073); or
                        (B) in the event such contractor did not receive
                    assistance under section 4113 of the CARES Act (15
                    U.S.C. 9073), an amount that the contractor certifies,
                    using sworn financial statements or other appropriate
                    data, as the amount of wages, salaries, benefits, and
                    other compensation that such contractor paid the
                    employees of such contractor during the period from
                    October 1, 2019, through March 31, 2020.
        (b) Deadlines and Procedures.--
                (1) In general.--
                        (A) Forms; terms and conditions.--Financial
                    assistance provided to a passenger air carrier or
                    contractor under this subtitle shall--
                                (i) be, to the maximum extent practicable,
                            in the same form and on the same terms and
                            conditions (including requirements for audits
                            and the clawback of any financial assistance
                            provided upon failure by a passenger air
                            carrier or contractor to honor the assurances
                            specified in section 404), as agreed to by the
                            Secretary and the recipient for assistance
                            received under section 4113 of the CARES Act
                            (15 U.S.C. 9073), except if inconsistent with
                            this subtitle; or
                                (ii) in the event such a passenger air
                            carrier or a contractor did not receive
                            assistance under section 4113 of the CARES Act
                            (15 U.S.C. 9073), be, to the maximum extent
                            practicable, in the same form and on the same
                            terms and conditions (including requirements
                            for audits and the clawback of any financial
                            assistance provided upon failure by a passenger
                            air carrier or contractor to honor the
                            assurances specified in section 404), as agreed
                            to by the Secretary and similarly situated
                            recipients of assistance under such section
                            4113.
                        (B) Procedures.--The Secretary shall, to the
                    maximum extent practicable, publish streamlined and
                    expedited procedures not later than 5 days after the
                    date of enactment of this subtitle for passenger air
                    carriers and contractors to submit requests for
                    financial assistance under this subtitle.
                (2) Deadline for immediate payroll assistance.--Not later
            than 10 days after the date of enactment of this subtitle, the
            Secretary shall make initial payments to passenger air carriers
            and contractors that submit requests for financial assistance
            approved by the Secretary.
                (3) Subsequent payments.--The Secretary shall determine an
            appropriate method for the timely distribution of payments to
            passenger air carriers and contractors with approved requests
            for financial assistance from any funds remaining available
            after providing initial financial assistance payments under
            paragraph (2).
        (c) Pro Rata Reductions.--The Secretary shall have the authority to
    reduce, on a pro rata basis, the amounts due to passenger air carriers
    and contractors under subsection (a) in order to address any shortfall
    in assistance that would otherwise be provided under such subsection.
        (d) Audits.--The Inspector General of the Department of the
    Treasury shall audit certifications made under subsection (a).

    SEC. 404. REQUIRED ASSURANCES.

        (a) In General.--To be eligible for financial assistance under this
    subtitle, a passenger air carrier or a contractor shall enter into an
    agreement with the Secretary, or otherwise certify in such form and
    manner as the Secretary shall prescribe, that the passenger air carrier
    or contractor shall--
                (1) refrain from conducting involuntary furloughs or
            reducing pay rates and benefits until--
                        (A) with respect to passenger air carriers, March
                    31, 2021; or
                        (B) with respect to contractors, March 31, 2021, or
                    the date on which the contractor expends such financial
                    assistance, whichever is later;
                (2) ensure that neither the passenger air carrier or
            contractor nor any affiliate of the passenger air carrier or
            contractor may, in any transaction, purchase an equity security
            of the passenger air carrier or contractor or the parent
            company of the passenger air carrier or contractor that is
            listed on a national securities exchange through--
                        (A) with respect to passenger air carriers, March
                    31, 2022; or
                        (B) with respect to contractors, March 31, 2022, or
                    the date on which the contractor expends such financial
                    assistance, whichever is later;
                (3) ensure that the passenger air carrier or contractor
            shall not pay dividends, or make other capital distributions,
            with respect to common stock (or equivalent interest) of the
            air carrier or contractor through--
                        (A) with respect to passenger air carriers, March
                    31, 2022; or
                        (B) with respect to contractors, March 31, 2022, or
                    the date on which the contractor expends such financial
                    assistance, whichever is later; and
                (4) meet the requirements of sections 405 and 406.
        (b) Recalls of Employees.--An agreement or certification under this
    section shall require a passenger air carrier or contractor to perform
    the following actions:
                (1) In the case of a passenger air carrier or contractor
            that received financial assistance under title IV of the CARES
            Act--
                        (A) recall (as defined in section 401), not later
                    than 72 hours after executing such agreement or
                    certification, any employees involuntarily furloughed
                    by such passenger air carrier or contractor between
                    October 1, 2020, and the date such passenger air
                    carrier or contractor enters into an agreement with the
                    Secretary with respect to financial assistance under
                    this subtitle;
                        (B) compensate returning employees for lost pay and
                    benefits (offset by any amounts received by the
                    employee from a passenger air carrier or contractor as
                    a result of the employee's furlough, including, but not
                    limited to, furlough pay, severance pay, or separation
                    pay) between--
                                (i) in the case of a passenger air carrier,
                            December 1, 2020, and the date on which such
                            passenger air carrier enters into an agreement
                            with the Secretary with respect to financial
                            assistance under this subtitle; or
                                (ii) in the case of a contractor, the date
                            of enactment of this subtitle and the date on
                            which such contractor enters into an agreement
                            with the Secretary with respect to financial
                            assistance under this subtitle; and
                        (C) restore the rights and protections for such
                    returning employees as if such employees had not been
                    involuntarily furloughed.
                (2) In the case of a passenger air carrier or contractor
            that did not receive financial assistance under title IV of the
            CARES Act to--
                        (A) recall (as defined in section 401), within 72
                    hours after executing such agreement or certification,
                    any employees involuntarily furloughed by such
                    passenger air carrier or contractor between March 27,
                    2020, and the date such passenger air carrier or
                    contractor enters into an agreement with the Secretary
                    for financial assistance under this subtitle;
                        (B) compensate returning employees under this
                    paragraph for lost pay and benefits (offset by any
                    amounts received by the employee from a passenger air
                    carrier or contractor as a result of the employee's
                    furlough, including, but not limited to, furlough pay,
                    severance pay, or separation pay) between--
                                (i) in the case of a passenger air carrier,
                            December 1, 2020, and the date such passenger
                            air carrier enters into an agreement with the
                            Secretary for financial assistance under this
                            subtitle; or
                                (ii) in the case of a contractor, the date
                            of enactment of this subtitle and the date on
                            which such contractor enters into an agreement
                            with the Secretary with respect to financial
                            assistance under this subtitle; and
                        (C) restore the rights and protections for such
                    returning employees as if such employees had not been
                    involuntarily furloughed.

    SEC. 405. PROTECTION OF COLLECTIVE BARGAINING AGREEMENTS.

        (a) In General.--Neither the Secretary, nor any other actor,
    department, or agency of the Federal Government, shall condition the
    issuance of financial assistance under this subtitle on a passenger air
    carrier's or contractor's implementation of measures to enter into
    negotiations with the certified bargaining representative of a craft or
    class of employees of the passenger air carrier or contractor under the
    Railway Labor Act (45 U.S.C. 151 et seq.) or the National Labor
    Relations Act (29 U.S.C. 151 et seq.), regarding pay or other terms and
    conditions of employment.
        (b) Passenger Air Carrier Period of Effect.--With respect to any
    passenger air carrier to which financial assistance is provided under
    this subtitle, this section shall be in effect with respect to the
    passenger air carrier for the period beginning on the date on which the
    passenger air carrier is first issued such financial assistance and
    ending on March 31, 2021.
        (c) Contractor Period of Effect.--With respect to any contractor to
    which financial assistance is provided under this subtitle, this
    section shall be in effect with respect to the contractor beginning on
    the date on which the contractor is first issued such financial
    assistance and ending on March 31, 2021, or until the date on which all
    funds are expended, whichever is later.

    SEC. 406. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.

        (a) In General.--The Secretary may only provide financial
    assistance under this subtitle to a passenger air carrier or contractor
    after such carrier or contractor enters into an agreement with the
    Secretary that provides that, during the 2-year period beginning
    October 1, 2020, and ending October 1, 2022--
                (1) no officer or employee of the passenger air carrier or
            contractor whose total compensation exceeded $425,000 in
            calendar year 2019 (other than an employee whose compensation
            is determined through an existing collective bargaining
            agreement entered into prior to the date of enactment of this
            subtitle) will receive from the passenger air carrier or
            contractor--
                        (A) total compensation that exceeds, during any 12
                    consecutive months of such 2-year period, the total
                    compensation received by the officer or employee from
                    the passenger air carrier or contractor in calendar
                    year 2019; or
                        (B) severance pay or other benefits upon
                    termination of employment with the passenger air
                    carrier or contractor which exceeds twice the maximum
                    total compensation received by the officer or employee
                    from the passenger air carrier or contractor in
                    calendar year 2019; and
                (2) no officer or employee of the passenger air carrier or
            contractor whose total compensation exceeded $3,000,000 in
            calendar year 2019 may receive during any 12 consecutive months
            of such period total compensation in excess of the sum of--
                        (A) $3,000,000; and
                        (B) 50 percent of the excess over $3,000,000 of the
                    total compensation received by the officer or employee
                    from the passenger air carrier or contractor in
                    calendar year 2019.
        (b) Total Compensation Defined.--In this section, the term ``total
    compensation'' includes salary, bonuses, awards of stock, and other
    financial benefits provided by a passenger air carrier or contractor to
    an officer or employee of the passenger air carrier or contractor.

    SEC. 407. MINIMUM AIR SERVICE GUARANTEES.

        (a) In General.--The Secretary of Transportation is authorized to
    require, to the extent reasonable and practicable, an air carrier
    provided financial assistance under this subtitle to maintain scheduled
    air transportation, as the Secretary of Transportation determines
    necessary, to ensure services to any point served by that air carrier
    before March 1, 2020.
        (b) Required Considerations.--When considering whether to exercise
    the authority provided by this section, the Secretary of Transportation
    shall take into consideration the air transportation needs of small and
    remote communities, the need to maintain well-functioning health care
    supply chains, including medical devices and supplies, and
    pharmaceutical supply chains.
        (c) Sunset.--The authority provided under this section shall
    terminate on March 1, 2022, and any requirements issued by the
    Secretary of Transportation under this section shall cease to apply
    after that date.
        (d) Sense of Congress.--It is the sense of Congress that, when
    implementing this section, the Secretary of Transportation should take
    into consideration the following:
                (1) A number of airports and communities have lost air
            service as a result of consolidated operations by covered air
            carriers, as permitted by the Department of Transportation,
            including smaller airports that are located near larger
            airports.
                (2) Airports covering common points, as determined by the
            Department of Transportation, do not align with the grouping
            commonly used by many air carriers, other Federal agencies, and
            distribution channels used by consumers to purchase air travel.
                (3) The demographic, geographic, economic, and other
            characteristics of an area and affected communities when
            determining whether consolidated operations at a single airport
            effectively serve the needs of the point.
                (4) Maintaining a robust air transportation system,
            including maintaining air service to airports throughout the
            United States, plays an important role in the effective
            distribution of a coronavirus vaccine.
                (5) The objections from community respondents on whether a
            specific airport should or should not be included in a
            consolidated point, including those objections noting the
            importance of the required considerations set forth in
            subsection (b).

    SEC. 408. TAXPAYER PROTECTION.

        (a) CARES Act Assistance Recipients.--With respect to a recipient
    of financial assistance under section 4113 of the CARES Act (15 U.S.C.
    9073) that receives financial assistance under this subtitle, the
    Secretary may receive warrants, options, preferred stock, debt
    securities, notes, or other financial instruments issued by such
    recipient that are, to the maximum extent practicable, in the same form
    and amount, and under the same terms and conditions, as agreed to by
    the Secretary and such recipient to provide appropriate compensation to
    the Federal Government for the provision of the financial assistance
    under this subtitle.
        (b) Other Applicants.--With respect to a recipient of financial
    assistance under this subtitle that did not receive financial
    assistance under section 4113 of the CARES Act (15 U.S.C. 9073), the
    Secretary may receive warrants, options, preferred stock, debt
    securities, notes, or other financial instruments issued by such
    recipient in a form and amount that are, to the maximum extent
    practicable, under the same terms and conditions as agreed to by the
    Secretary and similarly situated recipients of financial assistance
    under such section to provide appropriate compensation to the Federal
    Government for the provision of the financial assistance under this
    subtitle.

    SEC. 409. REPORTS.

        (a) Report.--Not later than May 1, 2021, the Secretary shall submit
    to the Committee on Transportation and Infrastructure and the Committee
    on Financial Services of the House of Representatives and the Committee
    on Commerce, Science, and Transportation and the Committee on Banking,
    Housing, and Urban Affairs of the Senate a report on the financial
    assistance provided to passenger air carriers and contractors under
    this subtitle, that includes--
                (1) a description of any financial assistance provided to
            passenger air carriers under this subtitle;
                (2) any audits of passenger air carriers or contractors
            receiving financial assistance under this subtitle;
                (3) any reports filed by passenger air carriers or
            contractors receiving financial assistance under this subtitle;
                (4) any instances of non-compliance by passenger air
            carriers or contractors receiving financial assistance under
            this subtitle with the requirements of this subtitle or
            agreements entered into with the Secretary to receive such
            financial assistance; and
                (5) information relating to any clawback of any financial
            assistance provided to passenger air carriers or contractors
            under this subtitle.
        (b) Internet Updates.--The Secretary shall update the website of
    the Department of the Treasury, at minimum, on a weekly basis as
    necessary to reflect new or revised distributions of financial
    assistance under this subtitle with respect to each passenger air
    carrier or contractor that receives such assistance, the identification
    of any applicant that applied for financial assistance under this
    subtitle, and the date of application for such assistance.
        (c) Supplemental Update.--Not later than the last day of the 1-year
    period following the date of enactment of this subtitle, the Secretary
    shall update and submit to the Committee on Transportation and
    Infrastructure and the Committee on Financial Services of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation and the Committee on Banking, Housing, and Urban Affairs
    of the Senate, the report submitted under subsection (a).
        (d) Protection of Certain Data.--The Secretary may withhold
    information that would otherwise be required to be made available under
    this section only if the Secretary determines to withhold the
    information in accordance with section 552 of title 5, United States
    Code.

    SEC. 410. COORDINATION.

        In implementing this subtitle, the Secretary shall coordinate with
    the Secretary of Transportation.

    SEC. 411. FUNDING.

        There is appropriated, out of amounts in the Treasury not otherwise
    appropriated, $16,000,000,000 to carry out this subtitle, to remain
    available until expended.

    SEC. 412. CARES ACT AMENDMENTS.

        (a) Continued Application of Required Assurances.--Section 4114 of
    the CARES Act (15 U.S.C. 9074) is amended by adding at the end the
    following new subsections:
        ``(c) Continued Application.--
                ``(1) In general.--If, after the date of enactment of this
            subsection, a contractor expends any funds made available
            pursuant to section 4112 and distributed pursuant to section
            4113, the assurances in paragraphs (1) through (3) of
            subsection (a) shall continue to apply until the dates included
            in such paragraphs, or the date on which the contractor fully
            expends such financial assistance, whichever is later.
                ``(2) Special rule.--Not later than April 5, 2021, each
            contractor described in section 4111(3)(A)(i) that has received
            funds pursuant to such section 4112 shall report to the
            Secretary on the amount of such funds that the contractor has
            expended through March 31, 2021. If the contractor has expended
            an amount that is less than 100 percent of the total amount of
            funds the contractor received under such section, the Secretary
            shall initiate an action to recover any funds that remain
            unexpended as of April 30, 2021.
        ``(d) Recall of Employees.--
                ``(1) In general.--Subject to paragraph (2), any contractor
            that has unspent financial assistance provided under this
            subtitle as of the date of enactment of this subsection and
            conducted involuntary furloughs or reduced pay rates and
            benefits, between March 27, 2020, and the date on which the
            contractor entered into an agreement with the Secretary related
            to financial assistance under this subtitle, shall recall (as
            defined in section 4111) employees who were involuntarily
            furloughed during such period by not later than January 4,
            2021.
                ``(2) Waiver.--The Secretary of the Treasury shall waive
            the requirement under paragraph (1) for a contractor to recall
            employees if the contractor certifies that the contractor has
            or will have insufficient remaining financial assistance
            provided under this subtitle to keep recalled employees
            employed for more than two weeks upon returning to work.
                ``(3) Audits.--The Inspector General of the Department of
            the Treasury shall audit certifications made under paragraph
            (2).''.
        (b) Definition of Recall.--Section 4111 of the CARES Act (15 U.S.C.
    9071) is amended--
                (1) in paragraph (4) by striking ``and'' at the end;
                (2) by redesignating paragraph (5) as paragraph (6); and
                (3) by inserting after paragraph (4) the following:
                ``(5) the term `recall' means the dispatch of a notice by a
            contractor, via mail, courier, or electronic mail, to an
            involuntarily furloughed employee notifying the employee that--
                        ``(A) the employee must, within a specified period
                    of time that is not less than 14 days, elect either--
                                ``(i) to return to employment or bypass
                            return to employment in accordance with an
                            applicable collective bargaining agreement or,
                            in the absence of a collective bargaining
                            agreement, company policy; or
                                ``(ii) to permanently separate from
                            employment with the contractor; and
                        ``(B) failure to respond within such time period
                    specified will be deemed to be an election under
                    subparagraph (A)(ii); and''.
        (c) Definition of Businesses Critical to Maintaining National
    Security.--Section 4002 of the CARES Act (15 U.S.C. 9041) is amended by
    adding at the end the following:
                ``(11) Aerospace-related businesses critical to maintaining
            national security.--The term `businesses critical to
            maintaining national security' means those businesses that
            manufacture or produce aerospace-related products, civil or
            defense, including those that design, integrate, assemble,
            supply, maintain, and repair such products, and other
            businesses involved in aerospace-related manufacturing or
            production as further defined by the Secretary, in consultation
            with the Secretary of Defense and the Secretary of
            Transportation. For purposes of the preceding sentence,
            aerospace-related products include, but are not limited to,
            components, parts, or systems of aircraft, aircraft engines, or
            appliances for inclusion in an aircraft, aircraft engine, or
            appliance.''.

    Subtitle B--Coronavirus Economic Relief for Transportation Services Act

    SEC. 420. SHORT TITLE.

        This subtitle may be cited as the ``Coronavirus Economic Relief for
    Transportation Services Act''.

    SEC. 421. ASSISTANCE FOR PROVIDERS OF TRANSPORTATION SERVICES AFFECTED
                  BY COVID-19.

        (a) Definitions.--In this section:
                (1) Covered period.--The term ``covered period'', with
            respect to a provider of transportation services, means the
            period--
                        (A) beginning on the date of enactment of this Act;
                    and
                        (B) ending on the later of--
                                (i) March 31, 2021; or
                                (ii) the date on which all funds provided
                            to the provider of transportation services
                            under subsection (c) are expended.
                (2) COVID-19.--The term ``COVID-19'' means the Coronavirus
            Disease 2019.
                (3) Payroll costs.--
                        (A) In general.--The term ``payroll costs'' means--
                                (i) any payment to an employee of
                            compensation in the form of--
                                        (I) salary, wage, commission, or
                                    similar compensation;
                                        (II) payment of a cash tip or an
                                    equivalent;
                                        (III) payment for vacation,
                                    parental, family, medical, or sick
                                    leave;
                                        (IV) payment required for the
                                    provision of group health care or other
                                    group insurance benefits, including
                                    insurance premiums;
                                        (V) payment of a retirement
                                    benefit;
                                        (VI) payment of a State or local
                                    tax assessed on employees with respect
                                    to compensation; or
                                        (VII) paid administrative leave;
                                    and
                                (ii) any payment of compensation to, or
                            income of, a sole proprietor or independent
                            contractor--
                                        (I) that is--
                                                (aa) a wage;
                                                (bb) a commission;
                                                (cc) income;
                                                (dd) net earnings from
                                            self-employment; or
                                                (ee) similar compensation;
                                            and
                                        (II) in an amount equal to not more
                                    than $100,000 during 1 calendar year,
                                    as prorated for the covered period.
                        (B) Exclusions.--The term ``payroll costs'' does
                    not include--
                                (i) any compensation of an individual
                            employee in excess of an annual salary of
                            $100,000, as prorated for the covered period;
                                (ii) any tax imposed or withheld under
                            chapter 21, 22, or 24 of the Internal Revenue
                            Code of 1986 during the covered period;
                                (iii) any compensation of an employee whose
                            principal place of residence is outside the
                            United States;
                                (iv) any qualified sick leave wages for
                            which a credit is allowed under section 7001 of
                            the Families First Coronavirus Response Act (26
                            U.S.C. 3111 note; Public Law 116-127);
                                (v) any qualified family leave wages for
                            which a credit is allowed under section 7003 of
                            that Act (26 U.S.C. 3111 note; Public Law 116-
                            127); or
                                (vi) any bonus, raise in excess of
                            inflation, or other form of additional employee
                            compensation.
                (4) Provider of transportation services.--The term
            ``provider of transportation services'' means an entity that--
                        (A) is established or organized--
                                (i) in the United States; or
                                (ii) pursuant to Federal law;
                        (B) has significant operations, and a majority of
                    employees based, in the United States;
                        (C) was in operation on March 1, 2020; and
                        (D) is the operator of--
                                (i) a vessel of the United States (as
                            defined in section 116 of title 46, United
                            States Code) that is--
                                        (I) a passenger vessel (as defined
                                    in section 2101 of that title) carrying
                                    fewer than 2,400 passengers;
                                        (II) a small passenger vessel (as
                                    defined in section 2101 of that title);
                                    or
                                        (III) a vessel providing pilotage
                                    services and regulated by a State in
                                    accordance with chapter 85 of that
                                    title;
                                (ii) a company providing transportation
                            services using a bus characterized by an
                            elevated passenger deck located over a baggage
                            compartment (commonly known as an ``over-the-
                            road bus''), including local and intercity
                            fixed-route service, commuter service, and
                            charter or tour service (including tour or
                            excursion service that includes features in
                            addition to bus transportation, such as meals,
                            lodging, admission to points of interest or
                            special attractions, or the services of a
                            guide);
                                (iii) a company providing transportation
                            services using a school bus (as defined in
                            section 571.3 of title 49, Code of Federal
                            Regulations (or successor regulations)); or
                                (iv) any other passenger transportation
                            service company subject to regulation by the
                            Department of Transportation as the Secretary,
                            in consultation with the Secretary of
                            Transportation, determines to be appropriate.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Treasury.
        (b) Funding.--Out of any funds in the Treasury not otherwise
    appropriated, there are appropriated to provide grants to eligible
    providers of transportation services under this section, $2,000,000,000
    for fiscal year 2021, to remain available until expended.
        (c) Provision of Assistance.--
                (1) In general.--The Secretary, in consultation with the
            Secretary of Transportation, shall use the amounts made
            available under subsection (b) to provide grants to eligible
            providers of transportation services described in paragraph (2)
            that certify to the Secretary that the providers of
            transportation services have experienced a revenue loss of 25
            percent or more, on an annual basis, as a direct or indirect
            result of COVID-19.
                (2) Description of eligible providers of transportation
            services.--
                        (A) In general.--An eligible provider of
                    transportation services referred to in paragraph (1)
                    is--
                                (i) a provider of transportation services
                            that, on March 1, 2020--
                                        (I) had 500 or fewer full-time,
                                    part-time, or temporary employees; and
                                        (II) was not a subsidiary, parent,
                                    or affiliate of any other entity with a
                                    combined total workforce of more than
                                    500 full-time, part-time, or temporary
                                    employees; or
                                (ii) a provider of transportation services
                            that--
                                        (I) on March 1, 2020, had more than
                                    500 full-time, part-time, or temporary
                                    employees; and
                                        (II) has not received assistance
                                    under paragraph (1), (2), or (3) of
                                    section 4003(b), or subtitle B of title
                                    IV of division A, of the Coronavirus
                                    Aid, Relief, and Economic Security Act
                                    (Public Law 116-136; 134 Stat. 281).
                        (B) Scope of eligibility for certain companies.--
                                (i) In general.--A provider of
                            transportation services that has entered into
                            or maintains a contract or agreement described
                            in clause (ii) shall not be determined to be
                            ineligible for assistance under this subsection
                            on the basis of that contract or agreement,
                            subject to clause (iv).
                                (ii) Contract or agreement described.--A
                            contract or agreement referred to in clause (i)
                            is a contract or agreement for transportation
                            services that is supported by a public entity
                            using funds received under the Emergency
                            Appropriations for Coronavirus Health Response
                            and Agency Operations (division B of Public Law
                            116-136; 134 Stat. 505).
                                (iii) Adjustment of assistance.--The
                            Secretary may reduce the amount of assistance
                            available under this subsection to a provider
                            of transportation services described in clause
                            (i) based on the amount of funds provided under
                            this section or the Emergency Appropriations
                            for Coronavirus Health Response and Agency
                            Operations (division B of Public Law 116-136;
                            134 Stat. 505) that have supported a contract
                            or agreement described in clause (ii) to which
                            the provider of transportation services is a
                            party.
                                (iv) Notice requirement.--A provider of
                            transportation services that has entered into
                            or maintains a contract or agreement described
                            in clause (ii), and that applies for assistance
                            under this subsection, shall submit to the
                            Secretary a notice describing the contract or
                            agreement, including the amount of funds
                            provided for the contract or agreement under
                            this subsection or the Emergency Appropriations
                            for Coronavirus Health Response and Agency
                            Operations (division B of Public Law 116-136;
                            134 Stat. 505).
                (3) Amount.--
                        (A) Factors for consideration.--In determining the
                    amount of assistance to be provided to an eligible
                    provider of transportation services under this
                    subsection, the Secretary shall take into consideration
                    information provided by the provider of transportation
                    services, including--
                                (i) the amount of debt owed by the provider
                            of transportation services on major equipment,
                            if any;
                                (ii) other sources of Federal assistance
                            provided to the provider of transportation
                            services, if any; and
                                (iii) such other information as the
                            Secretary may require.
                        (B) Limitations.--
                                (i) Award.--The Secretary shall ensure that
                            the amount of assistance provided to a provider
                            of transportation services under this
                            subsection, when combined with any other
                            Federal assistance provided in response to
                            COVID-19 under the Coronavirus Aid, Relief, and
                            Economic Security Act (Public Law 116-136; 134
                            Stat. 281), the Paycheck Protection Program and
                            Health Care Enhancement Act (Public Law 116-
                            139; 134 Stat. 620), or any other provision of
                            law, does not exceed the total amount of
                            revenue earned by the provider of
                            transportation services during calendar year
                            2019.
                                (ii) Certification.--A provider of
                            transportation services seeking assistance
                            under this subsection shall submit to the
                            Secretary--
                                        (I) documentation describing the
                                    total amount of revenue earned by the
                                    provider of transportation services
                                    during calendar year 2019; and
                                        (II) a certification that the
                                    amount of assistance sought under this
                                    subsection, when combined with any
                                    other Federal assistance described in
                                    clause (i), does not exceed the total
                                    amount of revenue earned by the
                                    provider of transportation services
                                    during calendar year 2019.
                (4) Form of assistance.--The amounts made available under
            subsection (b) shall be provided to eligible providers of
            transportation services in the form of grants.
                (5) Equal access.--The Secretary shall ensure equal access
            to the assistance provided under this section to eligible
            providers of transportation services that are small, minority-
            owned, and women-owned businesses.
                (6) Conditions of receipt.--As a condition of receipt of
            assistance under this subsection, the Secretary shall require
            that a provider of transportation services shall agree--
                        (A) subject to paragraph (7)--
                                (i) to commence using the funds, on a
                            priority basis and to the extent the funds are
                            available, to maintain through the applicable
                            covered period, expenditures on payroll costs
                            for all employees as of the date of enactment
                            of this Act, after making any adjustments
                            required for--
                                        (I) retirement; or
                                        (II) voluntary employee separation;
                                (ii) not to impose, during the covered
                            period--
                                        (I) any involuntary furlough; or
                                        (II) any reduction in pay rates or
                                    benefits for nonexecutive employees;
                                    and
                                (iii) to recall or rehire any employees
                            laid off, furloughed, or terminated after March
                            27, 2020, to the extent warranted by increased
                            service levels;
                        (B) to return to the Secretary any funds received
                    under this subsection that are not used by the provider
                    of transportation services by the date that is 1 year
                    after the date of receipt of the funds; and
                        (C) to examine the anticipated expenditure of the
                    funds by the provider of transportation services for
                    the purposes described in subparagraph (A) not less
                    frequently than once every 90 days after the date of
                    receipt of the funds.
                (7) Ramp-up period.--The requirement described in paragraph
            (6)(A)(iii) shall not apply to a provider of transportation
            services until the later of--
                        (A) the date that is 30 days after the date of
                    receipt of the funds; and
                        (B) the date that is 90 days after the date of
                    enactment of this Act.
                (8) Additional conditions of certain receipts.--
                        (A) Prioritization of payroll costs.--As a
                    condition of receipt of a grant under this subsection,
                    the Secretary shall require that, except as provided in
                    subparagraph (B), a provider of transportation services
                    shall agree to use an amount equal to not less than 60
                    percent of the funds on payroll costs of the provider
                    of transportation services.
                        (B) Exception.--Subparagraph (A) shall not apply to
                    a provider of transportation services if the provider
                    of transportation services certifies to the Secretary
                    that, after making any adjustments required for
                    retirement or voluntary employee separation--
                                (i) each nonseasonal employee on the
                            payroll of the provider of transportation
                            services on January 1, 2020--
                                        (I) if laid off, furloughed, or
                                    terminated by the provider of
                                    transportation services as described in
                                    paragraph (6)(A)(iii), is rehired, or
                                    has been offered rehire, by the
                                    provider of transportation services;
                                    and
                                        (II) if rehired under clause (i) or
                                    subject to a reduction in salary before
                                    the date of receipt by the provider of
                                    transportation services of assistance
                                    under this subsection, receives not
                                    less than 100 percent of the previous
                                    salary of the employee;
                                (ii) the provider of transportation
                            services--
                                        (I) is staffed at a level of full-
                                    time equivalent, seasonal employees, on
                                    a monthly basis, that is greater than
                                    or equivalent to the level at which the
                                    provider of transportation services was
                                    staffed with full-time equivalent,
                                    seasonal employees on a monthly basis
                                    during calendar year 2019;
                                        (II) is offering priority in
                                    rehiring to seasonal employees that
                                    were laid off, furloughed, terminated,
                                    or not offered rehire in calendar year
                                    2020, as the provider of transportation
                                    services achieves staffing at the level
                                    described in subclause (I); and
                                        (III) offers any seasonal employee
                                    rehired under subclause (II) or subject
                                    to a reduction in salary before the
                                    date of receipt by the provider of
                                    transportation services of assistance
                                    under this subsection not less than 100
                                    percent of the previous salary of the
                                    employee; and
                                (iii) the provider of transportation
                            services will fully cover, through the
                            applicable covered period, all payroll costs
                            associated with the staffing requirements
                            described in clauses (i) and (ii).
                (9) Forms; terms and conditions.--A grant provided under
            this section shall be in such form, subject to such terms and
            conditions, and contain such covenants, representations,
            warranties, and requirements (including requirements for
            audits) as the Secretary determines to be appropriate in
            accordance with this section.
        (d) Eligible Activities.--
                (1) In general.--Subject to the priority described in
            subsection (c)(6)(A), a provider of transportation services
            shall use assistance provided under subsection (c) only for--
                        (A) the payment of payroll costs;
                        (B) the acquisition of services, equipment,
                    including personal protective equipment, and other
                    measures needed to protect workers and customers from
                    COVID-19;
                        (C) continued operations and maintenance during the
                    applicable covered period of existing capital equipment
                    and facilities--
                                (i) including rent, leases, insurance, and
                            interest on regularly scheduled debt service;
                            but
                                (ii) not including any prepayment of, or
                            payment of principal on, a debt obligation,
                            except for any principal on a debt obligation
                            accrued by the provider of transportation
                            services directly to maintain the expenditures
                            of the provider of transportation services on
                            payroll costs throughout the COVID-19 pandemic;
                            or
                        (D) the compensation of returning employees for
                    lost pay and benefits during the COVID-19 pandemic,
                    subject to subsection (e).
                (2) Eligibility.--The use of assistance provided under
            subsection (c) for the compensation of returning employees
            under paragraph (1)(D) shall be counted toward the required
            amount of grants to be used on payroll costs under subsection
            (c)(6)(A).
        (e) Compensation of Returning Employees.--Notwithstanding any other
    provision of law, any compensation provided to a returning employee
    under subsection (d)(1)(D)--
                (1) shall be offset by--
                        (A) any amounts received by the employee from the
                    provider of transportation services as a result of the
                    layoff, furlough, or termination of the employee or any
                    failure to hire the employee for seasonal employment
                    during calendar year 2020, including--
                                (i) furlough pay;
                                (ii) severance pay; or
                                (iii) separation pay; and
                        (B) any amounts the employee received from
                    unemployment insurance; and
                (2) shall not--
                        (A) be considered an overpayment for purposes of
                    any State or Federal unemployment law; or
                        (B) be subject to any overpayment recovery efforts
                    by a State agency (as defined in section 205 of the
                    Federal-State Extended Unemployment Compensation Act of
                    1970 (U.S.C. 3304 note)).
        (f) Administrative Provisions.--
                (1) In general.--The Secretary may take such actions as the
            Secretary determines to be necessary to carry out this section,
            including--
                        (A) using direct hiring authority to hire employees
                    to administer this section;
                        (B) entering into contracts, including contracts
                    for services authorized by this section; and
                        (C) issuing such regulations and other guidance as
                    may be necessary or appropriate to carry out the
                    purposes of this section.
                (2) Administrative expenses.--Of the funds made available
            under this section, not more than $50,000,000 may be used by
            the Secretary for administrative expenses to carry out this
            section.
                (3) Availability for obligation.--The funds made available
            under this section shall remain available for obligation until
            the date that is 3 years after the date of enactment of this
            Act.

           Subtitle C--Motor Carrier Safety Grant Relief Act of 2020

    SEC. 440. SHORT TITLE.

        This subtitle may be cited as the ``Motor Carrier Safety Grant
    Relief Act of 2020''.

    SEC. 441. RELIEF FOR RECIPIENTS OF FINANCIAL ASSISTANCE AWARDS FROM THE
                  FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.

        (a) Definition of Secretary.--In this section, the term
    ``Secretary'' means the Secretary of Transportation.
        (b) Relief for Recipients of Financial Assistance Awarded for
    Fiscal Years 2019 and 2020.--
                (1) In general.--Notwithstanding any provision of chapter
            311 of title 49, United States Code (including any applicable
            period of availability under section 31104(f) of that title),
            and any regulations promulgated under that chapter and subject
            to paragraph (2), the period of availability during which a
            recipient may expend amounts made available to the recipient
            under a grant or cooperative agreement described in
            subparagraphs (A) through (E) shall be--
                        (A) for a grant made under section 31102 of that
                    title (other than subsection (l) of that section)--
                                (i) the fiscal year in which the Secretary
                            approves the financial assistance agreement
                            with respect to the grant; and
                                (ii) the following 2 fiscal years;
                        (B) for a grant made or a cooperative agreement
                    entered into under section 31102(l)(2) of that title--
                                (i) the fiscal year in which the Secretary
                            approves the financial assistance agreement
                            with respect to the grant or cooperative
                            agreement; and
                                (ii) the following 3 fiscal years;
                        (C) for a grant made under section 31102(l)(3) of
                    that title--
                                (i) the fiscal year in which the Secretary
                            approves the financial assistance agreement
                            with respect to the grant; and
                                (ii) the following 5 fiscal years;
                        (D) for a grant made under section 31103 of that
                    title--
                                (i) the fiscal year in which the Secretary
                            approves the financial assistance agreement
                            with respect to the grant; and
                                (ii) the following 2 fiscal years; and
                        (E) for a grant made or a cooperative agreement
                    entered into under section 31313 of that title--
                                (i) the year in which the Secretary
                            approves the financial assistance agreement
                            with respect to the grant or cooperative
                            agreement; and
                                (ii) the following 5 fiscal years.
                (2) Applicability.--
                        (A) Amounts awarded for fiscal years 2019 and
                    2020.--The periods of availability described in
                    paragraph (1) shall apply only--
                                (i) to amounts awarded for fiscal year 2019
                            or 2020 under a grant or cooperative agreement
                            described in subparagraphs (A) through (E) of
                            that paragraph; and
                                (ii) for the purpose of expanding the
                            period of availability during which the
                            recipient may expend the amounts described in
                            clause (i).
                        (B) Amounts awarded for other years.--The periods
                    of availability described in paragraph (1) shall not
                    apply to any amounts awarded under a grant or
                    cooperative agreement described in subparagraphs (A)
                    through (E) of that paragraph for any fiscal year other
                    than fiscal year 2019 or 2020, and those amounts shall
                    be subject to the period of availability otherwise
                    applicable to those amounts under Federal law.

                   Subtitle D--Extension of Waiver Authority

    SEC. 442. EXTENSION OF WAIVER AUTHORITY.

        Notwithstanding any other provision of law, in fiscal year 2021,
    the Secretary of Transportation may exercise the authority provided by
    section 22005 of division B of the CARES Act (23 U.S.C. 401 note;
    Public Law 116-136).

                                TITLE V--BANKING

                    Subtitle A--Emergency Rental Assistance

    SEC. 501. EMERGENCY RENTAL ASSISTANCE.

        (a) Appropriation.--
                (1) In general.--Out of any money in the Treasury of the
            United States not otherwise appropriated, there are
            appropriated for making payments to eligible grantees under
            this section, $25,000,000,000 for fiscal year 2021.
                (2) Reservation of funds for the territories and tribal
            communities.--Of the amount appropriated under paragraph (1),
            the Secretary shall reserve--
                        (A) $400,000,000 of such amount for making payments
                    under this section to the Commonwealth of Puerto Rico,
                    the United States Virgin Islands, Guam, the
                    Commonwealth of the Northern Mariana Islands, and
                    American Samoa; and
                        (B) $800,000,000 of such amount for making payments
                    under this section to eligible grantees described in
                    subparagraphs (C) and (D) of subsection (k)(2); and
                        (C) $15,000,000 for administrative expenses of the
                    Secretary described in subsection (h).
        (b) Payments for Rental Assistance.--
                (1) Allocation and payments to states and units of local
            government.--
                        (A) In general.--The amount appropriated under
                    paragraph (1) of subsection (a) that remains after the
                    application of paragraph (2) of such subsection shall
                    be allocated and paid to eligible grantees described in
                    subparagraph (B) in the same manner as the amount
                    appropriated under subsection (a)(1) of section 601 of
                    the Social Security Act (42 U.S.C. 801) is allocated
                    and paid to States and units of local government under
                    subsections (b) and (c) of such section, and shall be
                    subject to the same requirements, except that--
                                (i) the deadline for payments under section
                            601(b)(1) of such Act shall, for purposes of
                            payments under this section, be deemed to be
                            not later than 30 days after the date of
                            enactment of this section;
                                (ii) the amount referred to in paragraph
                            (3) of section 601(c) of such Act shall be
                            deemed to be the amount appropriated under
                            paragraph (1) of subsection (a) of this Act
                            that remains after the application of paragraph
                            (2) of such subsection;
                                (iii) section 601(c) of the Social Security
                            Act shall be applied--
                                        (I) by substituting ``1 of the 50
                                    States or the District of Columbia''
                                    for ``1 of the 50 States'' each place
                                    it appears;
                                        (II) in paragraph (2)(A), by
                                    substituting `` $200,000,000'' for ``
                                    $1,250,000,000'';
                                        (III) in paragraph (2)(B), by
                                    substituting ``each of the 50 States
                                    and District of Columbia'' for ``each
                                    of the 50 States'';
                                        (IV) in paragraph (4), by
                                    substituting ``excluding the
                                    Commonwealth of Puerto Rico, the United
                                    States Virgin Islands, Guam, the
                                    Commonwealth of the Northern Mariana
                                    Islands, and American Samoa'' for
                                    ``excluding the District of Columbia
                                    and territories specified in subsection
                                    (a)(2)(A)''; and
                                        (V) without regard to paragraph
                                    (6);
                                (iv) section 601(d) of such Act shall not
                            apply to such payments; and
                                (v) section 601(e) shall be applied --
                                        (I) by substituting ``under section
                                    501 of subtitle A of title V of
                                    division N of the Consolidated
                                    Appropriations Act, 2021'' for ``under
                                    this section''; and
                                        (II) by substituting ``local
                                    government elects to receive funds from
                                    the Secretary under section 501 of
                                    subtitle A of title V of division N of
                                    the Consolidated Appropriations Act,
                                    2021 and will use the funds in a manner
                                    consistent with such section'' for
                                    ``local government's proposed uses of
                                    the funds are consistent with
                                    subsection (d)''.
                        (B) Eligible grantees described.--The eligible
                    grantees described in this subparagraph are the
                    following:
                                (i) A State that is 1 of the 50 States or
                            the District of Columbia.
                                (ii) A unit of local government located in
                            a State described in clause (i).
                (2) Allocation and payments to tribal communities.--
                        (A) In general.--From the amount reserved under
                    subsection (a)(2)(B), the Secretary shall--
                                (i) pay the amount equal to 0.3 percent of
                            such amount to the Department of Hawaiian Home
                            Lands; and
                                (ii) subject to subparagraph (B), from the
                            remainder of such amount, allocate and pay to
                            each Indian tribe (or, if applicable, the
                            tribally designated housing entity of an Indian
                            tribe) that was eligible for a grant under
                            title I of the Native American Housing
                            Assistance and Self-Determination Act of 1996
                            (NAHASDA) (25 U.S.C. 4111 et seq.) for fiscal
                            year 2020 an amount that bears the same
                            proportion to the such remainder as the amount
                            each such Indian tribe (or entity) was eligible
                            to receive for such fiscal year from the amount
                            appropriated under paragraph (1) under the
                            heading ``native american programs'' under the
                            heading ``Public and Indian Housing'' of title
                            II of division H of the Further Consolidated
                            Appropriations Act, 2020 (Public Law 116-94) to
                            carry out the Native American Housing Block
                            Grants program bears to the amount appropriated
                            under such paragraph for such fiscal year,
                            provided the Secretary shall be authorized to
                            allocate, in an equitable manner as determined
                            by the Secretary, and pay any Indian tribe that
                            opted out of receiving a grant allocation under
                            the Native American Housing Block Grants
                            program formula in fiscal year 2020, including
                            by establishing a minimum amount of payments to
                            such Indian tribe, provided such Indian tribe
                            notifies the Secretary not later than 30 days
                            after the date of enactment of this Act that it
                            intends to receive allocations and payments
                            under this section.
                        (B) Pro rata adjustment; distribution of declined
                    funds.--
                                (i) Pro rata adjustments.--The Secretary
                            shall make pro rata reductions in the amounts
                            of the allocations determined under clause (ii)
                            of subparagraph (A) for entities described in
                            such clause as necessary to ensure that the
                            total amount of payments made pursuant to such
                            clause does not exceed the remainder amount
                            described in such clause.
                                (ii) Distribution of declined funds.--If
                            the Secretary determines as of 30 days after
                            the date of enactment of this Act that an
                            entity described in clause (ii) of subparagraph
                            (A) has declined to receive its full allocation
                            under such clause then, not later than 15 days
                            after such date, the Secretary shall
                            redistribute, on a pro rata basis, such
                            allocation among the other entities described
                            in such clause that have not declined to
                            receive their allocations.
                (3) Allocations and payments to territories.--
                        (A) In general.--From the amount reserved under
                    subsection (a)(2)(A), subject to subparagraph (B), the
                    Secretary shall allocate and pay to each eligible
                    grantee described in subparagraph (C) an amount equal
                    to the product of--
                                (i) the amount so reserved; and
                                (ii) each such eligible grantee's share of
                            the combined total population of all such
                            eligible grantees, as determined by the
                            Secretary.
                        (B) Allocation adjustment.--
                                (i) Requirement.--The sum of the amounts
                            allocated under subparagraph (A) to all of the
                            eligible grantees described in clause (ii) of
                            subparagraph (C) shall not be less than the
                            amount equal to 0.3 percent of the amount
                            appropriated under subsection (a)(1).
                                (ii) Reduction.--The Secretary shall reduce
                            the amount of the allocation determined under
                            subparagraph (A) for the eligible grantee
                            described in clause (i) of subparagraph (C) as
                            necessary to meet the requirement of clause
                            (i).
                        (C) Eligible grantees described.--The eligible
                    grantees described in this subparagraph are--
                                (i) the Commonwealth of Puerto Rico; and
                                (ii) the United States Virgin Islands,
                            Guam, the Commonwealth of the Northern Mariana
                            Islands, and American Samoa.
        (c) Use of Funds.--
                (1) In general.--An eligible grantee shall only use the
            funds provided from a payment made under this section to
            provide financial assistance and housing stability services to
            eligible households.
                (2) Financial assistance.--
                        (A) In general.--Not less than 90 percent of the
                    funds received by an eligible grantee from a payment
                    made under this section shall be used to provide
                    financial assistance to eligible households, including
                    the payment of
                                (i) rent;
                                (ii) rental arrears;
                                (iii) utilities and home energy costs;
                                (iv) utilities and home energy costs
                            arrears; and
                                (v) other expenses related to housing
                            incurred due, directly or indirectly, to the
                            novel coronavirus disease (COVID-19) outbreak,
                            as defined by the Secretary.
                    Such assistance shall be provided for a period not to
                    exceed 12 months except that grantees may provide
                    assistance for an additional 3 months only if necessary
                    to ensure housing stability for a household subject to
                    the availability of funds.
                        (B) Limitation on assistance for prospective rent
                    payments.--
                                (i) In general.--Subject to the exception
                            in clause (ii), an eligible grantee shall not
                            provide an eligible household with financial
                            assistance for prospective rent payments for
                            more than 3 months based on any application by
                            or on behalf of the household.
                                (ii) Exception.--For any eligible household
                            described in clause (i), such household may
                            receive financial assistance for prospective
                            rent payments for additional months:
                                        (I) subject to the availability of
                                    remaining funds currently allocated to
                                    the eligible grantee, and
                                        (II) based on a subsequent
                                    application for additional financial
                                    assistance provided that the total
                                    months of financial assistance provided
                                    to the household do not exceed the
                                    total months of assistance allowed
                                    under subparagraph (A).
                                (iii) Further limitation.--To the extent
                            that applicants have rental arrears, grantees
                            may not make commitments for prospective rent
                            payments unless they have also provided
                            assistance to reduce an eligible household's
                            rental arrears.
                        (C) Distribution of financial assistance.--
                                (i) Payments.--
                                        (I) In general.--With respect to
                                    financial assistance for rent and
                                    rental arrears and utilities and home
                                    energy costs and utility and home
                                    energy costs arrears provided to an
                                    eligible household from a payment made
                                    under this section, an eligible grantee
                                    shall make payments to a lessor or
                                    utility provider on behalf of the
                                    eligible household, except that, if the
                                    lessor or utility provider does not
                                    agree to accept such payment from the
                                    grantee after outreach to the lessor or
                                    utility provider by the grantee, the
                                    grantee may make such payments directly
                                    to the eligible household for the
                                    purpose of making payments to the
                                    lessor or utility provider.
                                        (II) Rule of construction.--Nothing
                                    in this section shall be construed to
                                    invalidate any otherwise legitimate
                                    grounds for eviction.
                                (ii) Documentation.--For any payments made
                            by an eligible grantee to a lessor or utility
                            provider on behalf of an eligible household,
                            the eligible grantee shall provide
                            documentation of such payments to such
                            household.
                (3) Housing stability services.--Not more than 10 percent
            of funds received by an eligible grantee from a payment made
            under this section may be used to provide eligible households
            with case management and other services related to the novel
            coronavirus disease (COVID-19) outbreak, as defined by the
            Secretary, intended to help keep households stably housed.
                (4) Prioritization of assistance.--
                        (A) In reviewing applications for financial
                    assistance and housing stability services to eligible
                    households from a payment made under this section, an
                    eligible grantee shall prioritize consideration of the
                    applications of an eligible household that satisfies
                    any of the following conditions:
                                (i) The income of the household does not
                            exceed 50 percent of the area median income for
                            the household.
                                (ii) 1 or more individuals within the
                            household are unemployed as of the date of the
                            application for assistance and have not been
                            employed for the 90-day period preceding such
                            date.
                        (B) Nothing in this section shall be construed to
                    prohibit an eligible grantee from providing a process
                    for the further prioritizing of applications for
                    financial assistance and housing stability services
                    from a payment made under this section, including to
                    eligible households in which 1 or more individuals
                    within the household were unable to reach their place
                    of employment or their place of employment was closed
                    because of a public health order imposed as a direct
                    result of the COVID-19 public health emergency.
                (5) Administrative costs.--
                        (A) In general.--Not more than 10 percent of the
                    amount paid to an eligible grantee under this section
                    may be used for administrative costs attributable to
                    providing financial assistance and housing stability
                    services under paragraphs (2) and (3), respectively,
                    including for data collection and reporting
                    requirements related to such funds.
                        (B) No other administrative costs.--Amounts paid
                    under this section shall not be used for any
                    administrative costs other than to the extent allowed
                    under subparagraph (A).
        (d) Reallocation of Unused Funds.--Beginning on September 30, 2021,
    the Secretary shall recapture excess funds, as determined by the
    Secretary, not obligated by a grantee for the purposes described under
    subsection (c) and the Secretary shall reallocate and repay such
    amounts to eligible grantees who, at the time of such reallocation,
    have obligated at least 65 percent of the amount originally allocated
    and paid to such grantee under subsection (b)(1), only for the
    allowable uses described under subsection (c). The amount of any such
    reallocation shall be determined based on demonstrated need within a
    grantee's jurisdiction, as determined by the Secretary.
        (e) Availability.--
                (1) In general.--Funds provided to an eligible grantee
            under a payment made under this section shall remain available
            through December 31, 2021.
                (2) Extension for funds provided pursuant to a reallocation
            of unused funds.--For funds reallocated to an eligible grantee
            pursuant to subsection (d), an eligible grantee may request,
            subject to the approval of the Secretary, a 90-day extension of
            the deadline established in paragraph (1).
        (f) Application for Assistance by Landlords and Owners.--
                (1) In general.--Subject to paragraph (2), nothing in this
            section shall preclude a landlord or owner of a residential
            dwelling from--
                        (A) assisting a renter of such dwelling in applying
                    for assistance from a payment made under this section;
                    or
                        (B) applying for such assistance on behalf of a
                    renter of such dwelling.
                (2) Requirements for applications submitted on behalf of
            tenants.--If a landlord or owner of a residential dwelling
            submits an application for assistance from a payment made under
            this section on behalf of a renter of such dwelling--
                        (A) the landlord must obtain the signature of the
                    tenant on such application, which may be documented
                    electronically;
                        (B) documentation of such application shall be
                    provided to the tenant by the landlord; and
                        (C) any payments received by the landlord from a
                    payment made under this section shall be used to
                    satisfy the tenant's rental obligations to the owner.
        (g) Reporting Requirements.--
                (1) In general.--The Secretary, in consultation with the
            Secretary of Housing and Urban Development, shall provide
            public reports not less frequently than quarterly regarding the
            use of funds made available under this section, which shall
            include, with respect to each eligible grantee under this
            section, both for the past quarter and over the period for
            which such funds are available--
                        (A) the number of eligible households that receive
                    assistance from such payments;
                        (B) the acceptance rate of applicants for
                    assistance;
                        (C) the type or types of assistance provided to
                    each eligible household;
                        (D) the average amount of funding provided per
                    eligible household receiving assistance;
                        (E) household income level, with such information
                    disaggregated for households with income that--
                                (i) does not exceed 30 percent of the area
                            median income for the household;
                                (ii) exceeds 30 percent but does not exceed
                            50 percent of the area median income for the
                            household; and
                                (iii) exceeds 50 percent but does not
                            exceed 80 percent of area median income for the
                            household; and
                        (F) the average number of monthly rental or utility
                    payments that were covered by the funding amount that a
                    household received, as applicable.
                (2) Disaggregation.--Each report under this subsection
            shall disaggregate the information relating to households
            provided under subparagraphs (A) through (F) of paragraph (1)
            by the gender, race, and ethnicity of the primary applicant for
            assistance in such households.
                (3) Alternative reporting requirements for certain
            grantees.--The Secretary may establish alternative reporting
            requirements for grantees described in subsection (b)(2).
                (4) Privacy requirements.--
                        (A) In general.--Each eligible grantee that
                    receives a payment under this section shall establish
                    data privacy and security requirements for the
                    information described in paragraph (1) that--
                                (i) include appropriate measures to ensure
                            that the privacy of the individuals and
                            households is protected;
                                (ii) provide that the information,
                            including any personally identifiable
                            information, is collected and used only for the
                            purpose of submitting reports under paragraph
                            (1); and
                                (iii) provide confidentiality protections
                            for data collected about any individuals who
                            are survivors of intimate partner violence,
                            sexual assault, or stalking.
                        (B) Statistical research.--
                                (i) In general.--The Secretary--
                                        (I) may provide full and unredacted
                                    information provided under
                                    subparagraphs (A) through (F) of
                                    paragraph (1), including personally
                                    identifiable information, for
                                    statistical research purposes in
                                    accordance with existing law; and
                                        (II) may collect and make available
                                    for statistical research, at the census
                                    tract level, information collected
                                    under subparagraph (A).
                                (ii) Application of privacy requirements.--
                            A recipient of information under clause (i)
                            shall establish for such information the data
                            privacy and security requirements described in
                            subparagraph (A).
                (5) Nonapplication of the paperwork reduction act.--
            Subchapter I of chapter 35 of title 44, United States Code,
            shall not apply to the collection of information for the
            reporting or research requirements specified in this
            subsection.
        (h) Administrative Expenses of the Secretary.--Of the funds
    appropriated pursuant to subsection (a), not more than $15,000,000 may
    be used for administrative expenses of the Secretary in administering
    this section, including technical assistance to grantees in order to
    facilitate effective use of funds provided under this section.
        (i) Inspector General Oversight; Recoupment
                (1) Oversight authority.--The Inspector General of the
            Department of the Treasury shall conduct monitoring and
            oversight of the receipt, disbursement, and use of funds made
            available under this section.
                (2) Recoupment.--If the Inspector General of the Department
            of the Treasury determines that a State, Tribal government, or
            unit of local government has failed to comply with subsection
            (c), the amount equal to the amount of funds used in violation
            of such subsection shall be booked as a debt of such entity
            owed to the Federal Government. Amounts recovered under this
            subsection shall be deposited into the general fund of the
            Treasury.
                (3) Appropriation.--Out of any money in the Treasury of the
            United States not otherwise appropriated, there are
            appropriated to the Office of the Inspector General of the
            Department of the Treasury, $6,500,000 to carry out oversight
            and recoupment activities under this subsection. Amounts
            appropriated under the preceding sentence shall remain
            available until expended.
                (4) Authority of inspector general.--Nothing in this
            subsection shall be construed to diminish the authority of any
            Inspector General, including such authority as provided in the
            Inspector General Act of 1978 (5 U.S.C. App.)
        (j) Treatment of Assistance.--Assistance provided to a household
    from a payment made under this section shall not be regarded as income
    and shall not be regarded as a resource for purposes of determining the
    eligibility of the household or any member of the household for
    benefits or assistance, or the amount or extent of benefits or
    assistance, under any Federal program or under any State or local
    program financed in whole or in part with Federal funds.
        (k) Definitions.--In this section:
                (1) Area median income.--The term ``area median income''
            means, with respect to a household, the median income for the
            area in which the household is located, as determined by the
            Secretary of Housing and Urban Development.
                (2) Eligible grantee.--The term ``eligible grantee'' means
            any of the following:
                        (A) A State (as defined in section 601(g)(4) of the
                    Social Security Act (42 U.S.C. 801(g)(4)).
                        (B) A unit of local government (as defined in
                    paragraph (5)).
                        (C) An Indian tribe or its tribally designated
                    housing entity (as such terms are defined in section 4
                    of the Native American Housing Assistance and Self-
                    Determination Act of 1996 (25 U.S.C. 4103)) that was
                    eligible to receive a grant under title I of such Act
                    (25 U.S.C. 4111 et seq.) for fiscal year 2020 from the
                    amount appropriated under paragraph (1) under the
                    heading ``native american programs'' under the heading
                    ``Public and Indian Housing'' of title II of division H
                    of the Further Consolidated Appropriations Act, 2020
                    (Public Law 116-94) to carry out the Native American
                    Housing Block Grants program. For the avoidance of
                    doubt, the term Indian tribe shall include Alaska
                    native corporations established pursuant to the Alaska
                    Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
                        (D) The Department of Hawaiian Homelands.
                (3) Eligible household.--
                        (A) In general.--The term ``eligible household''
                    means a household of 1 or more individuals who are
                    obligated to pay rent on a residential dwelling and
                    with respect to which the eligible grantee involved
                    determines--
                                (i) that 1 or more individuals within the
                            household has
                                        (I) qualified for unemployment
                                    benefits or
                                        (II) experienced a reduction in
                                    household income, incurred significant
                                    costs, or experienced other financial
                                    hardship due, directly or indirectly,
                                    to the novel coronavirus disease
                                    (COVID-19) outbreak, which the
                                    applicant shall attest in writing;
                                (ii) that 1 or more individuals within the
                            household can demonstrate a risk of
                            experiencing homelessness or housing
                            instability, which may include--
                                        (I) a past due utility or rent
                                    notice or eviction notice;
                                        (II) unsafe or unhealthy living
                                    conditions; or
                                        (III) any other evidence of such
                                    risk, as determined by the eligible
                                    grantee involved; and
                                (iii) the household has a household income
                            that is not more than 80 percent of the area
                            median income for the household.
                        (B) Exception.--To the extent feasible, an eligible
                    grantee shall ensure that any rental assistance
                    provided to an eligible household pursuant to funds
                    made available under this section is not duplicative of
                    any other Federally funded rental assistance provided
                    to such household.
                        (C) Income determination.--
                                (i) In determining the income of a
                            household for purposes of determining such
                            household's eligibility for assistance from a
                            payment made under this section (including for
                            purposes of subsection (c)(4)), the eligible
                            grantee involved shall consider either
                                        (I) the household's total income
                                    for calendar year 2020, or
                                        (II) subject to clause (ii),
                                    sufficient confirmation, as determined
                                    by the Secretary, of the household's
                                    monthly income at the time of
                                    application for such assistance.
                                (ii) In the case of income determined under
                            subclause (II), the eligible grantee shall be
                            required to re-determine the eligibility of a
                            household's income after each such period of 3
                            months for which the household receives
                            assistance from a payment made under this
                            section.
                (4) Inspector general.--The term ``Inspector General''
            means the Inspector General of the Department of the Treasury.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Treasury.
                (6) Unit of local government.--The term ``unit of local
            government'' has the meaning given such term in paragraph (2)
            of section 601(g) of the Social Security Act (42 U.S.C.
            801(g)), except that, in applying such term for purposes of
            this section, such paragraph shall be applied by substituting
            ``200,000'' for ``500,000''.
        (l) Termination of Program.--The authority of an eligible grantee
    to make new obligations to provide payments under subsection (c) shall
    terminate on the date established in subsection (e) for that eligible
    grantee. Amounts not expended in accordance with this section shall
    revert to the Department of the Treasury.

    SEC. 502. EXTENSION OF EVICTION MORATORIUM.

        The order issued by the Centers for Disease Control and Prevention
    under section 361 of the Public Health Service Act (42 U.S.C. 264),
    entitled ``Temporary Halt in Residential Evictions To Prevent the
    Further Spread of COVID-19'' (85 Fed. Reg. 55292 (September 4, 2020) is
    extended through January 31, 2021, notwithstanding the effective dates
    specified in such Order.

                  Subtitle B--Community Development Investment

    SEC. 520. PURPOSE.

        The purpose of this subtitle is to establish emergency programs to
    revitalize and provide long-term financial products and service
    availability for, and provide investments in, low- and moderate-income
    and minority communities that have disproportionately suffered from the
    impacts of the COVID-19 pandemic.

    SEC. 521. CONSIDERATIONS; REQUIREMENTS FOR CREDITORS.

        (a) In General.--In exercising the authorities under this subtitle
    and the amendments made by this subtitle, the Secretary of the Treasury
    shall take into consideration increasing the availability of affordable
    credit for consumers, small businesses, and nonprofit organizations,
    including for projects supporting affordable housing, community-serving
    real estate, and other projects, that provide direct benefits to low-
    and moderate-income communities, low-income and underserved
    individuals, and minorities, that have disproportionately suffered from
    the health and economic impacts of the COVID-19 pandemic.
        (b) Requirement for Creditors.--Any creditor participating in a
    program established under this subtitle or the amendments made by this
    subtitle shall fully comply with all applicable statutory and
    regulatory requirements relating to fair lending.

    SEC. 522. CAPITAL INVESTMENTS FOR NEIGHBORHOODS DISPROPORTIONATELY
                  IMPACTED BY THE COVID-19 PANDEMIC.

        (a) In General.--The Community Development Banking and Financial
    Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by
    inserting after section 104 (12 U.S.C. 4703) the following:

    ``SEC. 104A. CAPITAL INVESTMENTS FOR NEIGHBORHOODS DISPROPORTIONATELY
                  IMPACTED BY THE COVID-19 PANDEMIC.

        ``(a) Definitions.--In this section--
                ``(1) the term `bank holding company' has the meaning given
            the term in section 2 of the Bank Holding Company Act of 1956
            (12 U.S.C. 1841);
                ``(2) the term `eligible institution' means any low- and
            moderate-income community financial institution that is
            eligible to participate in the Program;
                ``(3) the term `Emergency Capital Investment Fund' means
            the Emergency Capital Investment Fund established under
            subsection (b);
                ``(4) the term `low- and moderate-income community
            financial institution' means any financial institution that
            is--
                        ``(A)(i) a community development financial
                    institution; or
                        ``(ii) a minority depository institution; and
                        ``(B)(i) an insured depository institution that is
                    not controlled by a bank holding company or savings and
                    loan holding company that is also an eligible
                    institution;
                        ``(ii) a bank holding company;
                        ``(iii) a savings and loan holding company; or
                        ``(iv) a federally insured credit union;
                ``(5) the term `minority' means any Black American, Native
            American, Hispanic American, Asian American, Native Alaskan,
            Native Hawaiian, or Pacific Islander;
                ``(6) the term `minority depository institution' means an
            entity that is--
                        ``(A) a minority depository institution, as defined
                    in section 308 of the Financial Institutions Reform,
                    Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
                    note); or
                        ``(B) considered to be a minority depository
                    institution by--
                                ``(i) the appropriate Federal banking
                            agency; or
                                ``(ii) the National Credit Union
                            Administration, in the case of an insured
                            credit union; or
                        ``(C) listed in the Federal Deposit Insurance
                    Corporation's Minority Depository Institutions List
                    published for the Third Quarter 2020.
                ``(7) the term `Program' means the Emergency Capital
            Investment Program established under subsection (b);
                ``(8) the term `savings and loan holding company' has the
            meaning given the term under section 10(a) of the Home Owners'
            Loan Act (12 U.S.C. 1467a(a)); and
                ``(9) the `Secretary' means the Secretary of the Treasury.
        ``(b) Establishment.--
                ``(1) Fund established.--There is established in the
            Treasury of the United States a fund to be known as the
            `Emergency Capital Investment Fund', which shall be
            administered by the Secretary.
                ``(2) Program authorized.--The Secretary is authorized to
            establish an emergency program known as the `Emergency Capital
            Investment Program' to support the efforts of low- and
            moderate-income community financial institutions to, among
            other things, provide loans, grants, and forbearance for small
            businesses, minority-owned businesses, and consumers,
            especially in low-income and underserved communities, including
            persistent poverty counties, that may be disproportionately
            impacted by the economic effects of the COVID-19 pandemic, by
            providing direct and indirect capital investments in low- and
            moderate-income community financial institutions consistent
            with this section.
        ``(c) Purchases.--
                ``(1) In general.--Subject to paragraph (2), the Emergency
            Capital Investment Fund shall be available to the Secretary,
            without further appropriation or fiscal year limitation, for
            the costs of purchases (including commitments to purchase), and
            modifications of such purchases, of preferred stock and other
            financial instruments from eligible institutions on such terms
            and conditions as are determined by the Secretary in accordance
            with this section.
                ``(2) Purchase limit.--The aggregate amount of purchases
            pursuant to paragraph (1) may not exceed $9,000,000,000.
        ``(d) Application.--
                ``(1) Acceptance.--The Secretary shall begin accepting
            applications for capital investments under the Program not
            later than the end of the 30-day period beginning on the date
            of enactment of this section.
                ``(2) Consultation with regulators.--For each eligible
            institution that applies to receive a capital investment under
            the Program, the Secretary shall consult with the appropriate
            Federal banking agency or the National Credit Union
            Administration, as applicable, to determine whether the
            eligible institution may receive such capital investment.
                ``(3) Eligibility.--
                        ``(A) In general.--Only low- and moderate-income
                    community financial institutions shall be eligible to
                    participate in the Program.
                        ``(B) Additional criteria.--The Secretary may
                    establish additional criteria for participation by an
                    institution in the Program, as the Secretary may
                    determine appropriate in furtherance of the goals of
                    the Program.
                ``(4) Requirement to provide an emergency investment
            lending plan for communities that may be disproportionately
            impacted by the economic effects of the covid-19 pandemic.--
                        ``(A) In general.--At the time that an applicant
                    submits an application to the Secretary for a capital
                    investment under the Program, the applicant shall
                    provide the Secretary, along with the appropriate
                    Federal banking agency or the National Credit Union
                    Administration, as applicable, an investment and
                    lending plan that--
                                ``(i) demonstrates that not less than 30
                            percent of the lending of the applicant over
                            the past 2 fiscal years was made directly to
                            low- and moderate income borrowers, to
                            borrowers that create direct benefits for low-
                            and moderate-income populations, to other
                            targeted populations as defined by the Fund, or
                            any combination thereof, as measured by the
                            total number and dollar amount of loans;
                                ``(ii) describes how the business strategy
                            and operating goals of the applicant will
                            address community development needs in
                            communities that may be disproportionately
                            impacted by the economic effects of COVID-19,
                            which includes the needs of small businesses,
                            consumers, nonprofit organizations, community
                            development, and other projects providing
                            direct benefits to low- and moderate-income
                            communities, low-income individuals, and
                            minorities within the minority, rural, and
                            urban low-income and underserved areas served
                            by the applicant;
                                ``(iii) includes a plan to provide
                            community outreach and communication, where
                            appropriate;
                                ``(iv) includes details on how the
                            applicant plans to expand or maintain
                            significant lending or investment activity in
                            low- or moderate-income minority communities,
                            especially those that may be disproportionately
                            impacted by COVID-19 to historically
                            disadvantaged borrowers, and to minorities that
                            have significant unmet capital or financial
                            services needs.
                        ``(B) Documentation.--In the case of an applicant
                    that is certified as a community development financial
                    institution as of the date of enactment of this
                    subsection, for purposes of subparagraph (A)(i), the
                    Secretary may rely on documentation submitted by the
                    applicant to the Fund as part of certification
                    compliance reporting.
                ``(5) Incentives to increase lending and provide affordable
            credit.--
                        ``(A) Issuance and purchase of preferred stock.--An
                    eligible institution that the Secretary approves for
                    participation in the Program may issue to the
                    Secretary, and the Secretary may purchase from such
                    institution, preferred stock that--
                                ``(i) provides that the preferred stock
                            will--
                                        ``(I) be repaid not later than the
                                    end of the 10-year period beginning on
                                    the date of the capital investment
                                    under the Program; or
                                        ``(II) at the end of such 10-year
                                    period, be subject to such additional
                                    terms as the Secretary shall prescribe,
                                    which shall include a requirement that
                                    the stock shall carry the highest
                                    dividend or interest rate payable; and
                                ``(ii) provides that the term and condition
                            described under clause (i) shall not apply if
                            the application of that term and condition
                            would adversely affect the capital treatment of
                            the stock under current or successor applicable
                            capital provisions compared to a capital
                            instrument with identical terms other than the
                            term and condition described under clause (i).
                        ``(B) Alternative financial instruments.--If the
                    Secretary determines that an institution cannot
                    feasibly issue preferred stock as provided under
                    subparagraph (A), such institution may issue to the
                    Secretary, and the Secretary may purchase from such
                    institution, a subordinated debt instrument whose terms
                    are, to the extent possible, consistent with
                    requirements under the Program applicable to the terms
                    of preferred stock issued by institutions participating
                    in the Program, with such adjustments as the Secretary
                    determines appropriate, including by taking into
                    account the tax treatment of payments made with respect
                    to securities issued by such eligible institution.
                ``(6) Requirements on preferred stock and other financial
            instrument.--Any financial instrument issued to the Secretary
            by a low- and moderate-income community financial institution
            under the Program shall provide the following:
                        ``(A) No dividends, interest or other similar
                    required payments shall have a rate exceeding 2 percent
                    per annum for the first 10 years.
                        ``(B) The annual required payment rate of
                    dividends, interest, or other similar payments of a
                    low- and moderate-income community financial
                    institution shall be adjusted downward as follows,
                    based on lending by the institution during the most
                    recent annual period compared to lending by the
                    institution during the annual period ending on
                    September 30, 2020:
                                ``(i) No dividends, interest, or other
                            similar payments shall be due within the first
                            24-month period after the capital investment by
                            the Secretary.
                                ``(ii) If the amount of lending by the
                            institution within minority, rural, and urban
                            low-income and underserved communities and to
                            low- and moderate-income borrowers has
                            increased in amount between 200 percent and 400
                            percent of the amount of the capital
                            investment, the annual payment rate shall not
                            exceed 1.25 percent per annum.
                                ``(iii) If the amount of lending by the
                            institution within minority, rural, and urban
                            low-income and underserved communities and to
                            low- and moderate-income borrowers has
                            increased by more than 400 percent of the
                            capital investment, the annual payment rate
                            shall not exceed 0.5 percent per annum.
                ``(7) Contingency of payments based on certain financial
            criteria.--
                        ``(A) Deferral.--Any annual payments under this
                    section shall be deferred in any quarter or payment
                    period if any of the following is true:
                                ``(i) The low- and moderate-income
                            community institution fails to meet the Tier 1
                            capital ratio or similar ratio as determined by
                            the Secretary.
                                ``(ii) The low- and moderate-income
                            community financial institution fails to
                            achieve positive net income for the quarter or
                            payment period.
                                ``(iii) The low- and moderate-income
                            community financial institution determines that
                            the payment would be detrimental to the
                            financial health of the institution and the
                            Chief Executive Officer and Chief Financial
                            Officer of the institution provide written
                            notice, in a form reasonably satisfactory to
                            the Secretary, of such determination and the
                            basis thereof.
                        ``(B) Testing during next payment period.--Any
                    annual payment that is deferred under this section
                    shall--
                                ``(i) be tested against the metrics
                            described in subparagraph (A) at the beginning
                            of the next payment period; and
                                ``(ii) continue to be deferred until the
                            metrics described in that subparagraph are no
                            longer applicable.
                ``(8) Requirements in connection with failure to satisfy
            program goals.--Any financial instrument issued to the
            Secretary by a low- and moderate-income community financial
            institution under the Program may include such additional terms
            and conditions as the Secretary determines may be appropriate
            to provide the holders with rights in the event that such
            institution fails to satisfy applicable requirements under the
            Program or to protect the interests of the Federal Government.
        ``(e) Restrictions.--
                ``(1) In general.--Each low- and moderate-income community
            financial institution may only issue financial instruments or
            senior preferred stock under this subsection with an aggregate
            principal amount (or comparable amount) that is--
                        ``(A) not more than $250,000,000; and
                        ``(B)(i) not more than 7.5 percent of total assets
                    for an institution with assets of more than
                    $2,000,000,000;
                        ``(ii) not more than 15 percent of total assets for
                    an institution with assets of not less than
                    $500,000,000 and not more than $2,000,000,000; and
                        ``(iii) not more than 22.5 percent of total assets
                    for an institution with assets of less than
                    $500,000,000.
                ``(2) Set-asides.--Of the amounts made available under
            subsection (c)(2), not less than $4,000,000,000 shall be made
            available for eligible institutions with total assets of not
            more than $2,000,000,000 that timely apply to receive a capital
            investment under the Program, of which not less than
            $2,000,000,000 shall be made available for eligible
            institutions with total assets of less than $500,000,000 that
            timely apply to receive a capital investment under the Program.
                ``(3) Holding of instruments.--Holding any instrument of a
            low- and moderate-income community financial institution
            described in paragraph (1) shall not give the Secretary or any
            successor that owns the instrument any rights over the
            management of the institution in the ordinary course of
            business.
                ``(4) Sale of interest.--
                        ``(A) In general.--With respect to a capital
                    investment made into a low- and moderate-income
                    community financial institution under this section, the
                    Secretary--
                                ``(i) prior to any sale of such capital
                            investment to a third party, shall provide the
                            low- and moderate-income community financial
                            institution a right of first refusal to buy
                            back the investment under terms that do not
                            exceed a value as determined by an independent
                            third party;
                                ``(ii) shall not sell more than 25 percent
                            of the outstanding equity interests of any
                            institution to a single third party without the
                            consent of such institution, which may not be
                            unreasonably withheld; and
                                ``(iii) with the permission of the
                            institution, may transfer or sell the interest
                            of the Secretary in the capital investment for
                            no consideration or for a de minimis amount to
                            a mission aligned nonprofit affiliate of an
                            applicant that is an insured community
                            development financial institution.
                        ``(B) Calculation of ownership for minority
                    depository institutions.--The calculation and
                    determination of ownership thresholds for a depository
                    institution to qualify as a minority depository
                    institution shall exclude any dilutive effect of equity
                    investments by the Federal Government, including under
                    the Program or through the Fund.
                ``(5) Repayment incentives.--The Secretary may establish
            repayment incentives that will apply to capital investments
            under the Program in a manner that the Secretary determines to
            be consistent with the purposes of the Program.
        ``(f) Treatment of Capital Investments.--The Secretary shall seek
    to establish the terms of preferred stock issued under the Program to
    enable such preferred stock to receive Tier 1 capital treatment.
        ``(g) Outreach to Minority Communities.--The Secretary shall
    require low- and moderate-income community financial institutions
    receiving capital investments under the Program to provide community
    outreach and communication, where appropriate, describing the
    availability and application process of receiving loans made possible
    by the Program through organizations, trade associations, and
    individuals that represent or work within or are members of minority
    communities.
        ``(h) Restrictions.--
                ``(1) In general.--Not later than the end of the 30-day
            period beginning on the date of enactment of this section, the
            Secretary shall issue rules setting restrictions on executive
            compensation, share buybacks, and dividend payments for
            recipients of capital investments under the Program.
                ``(2) Conflicts of interest.--
                        ``(A) Definitions.--In this paragraph:
                                ``(i) Controlling interest.--The term
                            `controlling interest' means owning,
                            controlling, or holding not less than 20
                            percent, by vote or value, of the outstanding
                            amount of any class of equity interest in an
                            entity.
                                ``(ii) Covered entity.--The term `covered
                            entity' means an entity in which a covered
                            individual directly or indirectly holds a
                            controlling interest. For the purpose of
                            determining whether an entity is a covered
                            entity, the securities owned, controlled, or
                            held by 2 or more individuals who are related
                            as described in clause (iii)(II) shall be
                            aggregated.
                                ``(iii) Covered individual.--The term
                            `covered individual' means--
                                        ``(I) the President, the Vice
                                    President, the head of an Executive
                                    department, or a Member of Congress;
                                    and
                                        ``(II) the spouse, child, son-in-
                                    law, or daughter-in-law, as determined
                                    under applicable common law, of an
                                    individual described in subclause (i).
                                ``(iv) Executive department.--The term
                            `Executive department' has the meaning given
                            the term in section 101 of title 5, United
                            States Code.
                                ``(v) Member of congress.--The term `member
                            of Congress' means a member of the Senate or
                            House of Representatives, a Delegate to the
                            House of Representatives, and the Resident
                            Commissioner from Puerto Rico.
                                ``(vi) Equity interest.--The term `equity
                            interest' means--
                                        ``(I) a share in an entity, without
                                    regard to whether the share is--
                                                ``(aa) transferable; or
                                                ``(bb) classified as stock
                                            or anything similar;
                                        ``(II) a capital or profit interest
                                    in a limited liability company or
                                    partnership; or
                                        ``(III) a warrant or right, other
                                    than a right to convert, to purchase,
                                    sell, or subscribe to a share or
                                    interest described in subclause (I) or
                                    (II), respectively.
                        ``(B) Prohibition.--Notwithstanding any other
                    provision of this section, no covered entity may be
                    eligible for any investment made under the Program.
                        ``(C) Requirement.--The principal executive officer
                    and the principal financial officer, or individuals
                    performing similar functions, of an entity seeking to
                    receive an investment made under the Program shall,
                    before that investment is approved, certify to the
                    Secretary and the appropriate Federal banking agency or
                    the National Credit Union Administration, as
                    applicable, that the entity is eligible to receive the
                    investment, including that the entity is not a covered
                    entity.
        ``(i) Ineligibility of Certain Institutions.--An institution shall
    be ineligible to participate in the Program if such institution is
    designated in Troubled Condition by the appropriate Federal banking
    agency or the National Credit Union Administration, as applicable, or
    is subject to a formal enforcement action with its primary Federal
    regulator that addresses unsafe or unsound lending practices.
        ``(j) Termination of Investment Authority.--
                ``(1) In general.--The authority to make new capital
            investments in low- and moderate-income community financial
            institutions, including commitments to purchase preferred stock
            or other instruments, provided under the Program shall
            terminate on the date that is 6 months after the date on which
            the national emergency concerning the novel coronavirus disease
            (COVID-19) outbreak declared by the President on March 13, 2020
            under the National Emergencies Act (50 U.S.C. 1601 et seq.)
            terminates.
                ``(2) Rule of construction.--Nothing in this subsection may
            be construed to limit any other authority of the Secretary not
            described in paragraph (1).
        ``(k) Collection of Data.--Notwithstanding the Equal Credit
    Opportunity Act (15 U.S.C. 1691 et seq.)--
                ``(1) any low- and moderate-income community financial
            institution may collect data described in section 701(a)(1) of
            that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants
            for credit for the sole purpose and exclusive use of monitoring
            compliance under the plan required under subsection (d)(4); and
                ``(2) a low- and moderate-income community financial
            institution that collects the data described in paragraph (1)
            shall not be subject to adverse action related to that
            collection by the Bureau of Consumer Financial Protection or
            any other Federal agency.
        ``(l) Deposit of Funds.--All funds received by the Secretary in
    connection with purchases made pursuant this section, including
    interest payments, dividend payments, and proceeds from the sale of any
    financial instrument, shall be deposited into the Fund and used to
    provide financial and technical assistance pursuant to section 108,
    except that subsection (e) of that section shall be waived.
        ``(m) Direct Appropriation.--There is appropriated, out of amounts
    in the Treasury not otherwise appropriated, for fiscal year 2021,
    $9,000,000,000, to remain available until expended and to be deposited
    in the Emergency Capital Investment Fund, to carry out this section.
        ``(n) Administrative Expenses.--Funds appropriated pursuant to
    subsection (m) may be used for administrative expenses, including the
    costs of modifying such investments, and reasonable costs of
    administering the Program of making, holding, managing, and selling the
    capital investments.
        ``(o) Administrative Provisions.--The Secretary may take such
    actions as the Secretary determines necessary to carry out the
    authorities in this section, including the following:
                ``(1) The Secretary may use the services of any agency or
            instrumentality of the United States or component thereof on a
            reimbursable basis, and any such agency or instrumentality or
            component thereof is authorized to provide services as
            requested by the Secretary using all authorities vested in or
            delegated to that agency, instrumentality, or component.
                ``(2) The Secretary may enter into contracts, including
            contracts for services authorized by section 3109 of title 5,
            United States Code.
                ``(3) The Secretary may designate any bank, savings
            association, trust company, security broker or dealer, asset
            manager, or investment adviser as a financial agent of the
            Federal Government and such institution shall perform all such
            reasonable duties related to this section as financial agent of
            the Federal Government as may be required. The Secretary shall
            have authority to amend existing agreements with financial
            agents to perform reasonable duties related to this section.
                ``(4) The Secretary may exercise any rights received in
            connection with any preferred stock or other financial
            instruments or assets purchased or acquired pursuant to the
            authorities granted under this section.
                ``(5) The Secretary may manage any assets purchased under
            this section, including revenues and portfolio risks therefrom.
                ``(6) The Secretary may sell, dispose of, transfer,
            exchange or enter into securities loans, repurchase
            transactions, or other financial transactions in regard to, any
            preferred stock or other financial instrument or asset
            purchased or acquired under this section, upon terms and
            conditions and at a price determined by the Secretary.
                ``(7) The Secretary may manage or prohibit conflicts of
            interest that may arise in connection with the administration
            and execution of the authorities provided under this section.
                ``(8) The Secretary may establish and use vehicles to
            purchase, hold, and sell preferred stock or other financial
            instruments and issue obligations.
                ``(9) The Secretary may issue such regulations and other
            guidance as may be necessary or appropriate to define terms or
            carry out the authorities or purposes of this section.
                ``(10) The Secretary is authorized to use direct hiring
            authority to hire employees to administer this section.''.
        (b) Technical and Conforming Amendment.--The table of contents in
    section 1(b) of the Riegle Community Development and Regulatory
    Improvement Act of 1994 is amended by inserting after the item relating
    to section 104 the following:

    ``104A. Capital investments for neighborhoods disproportionately
                                impacted by the COVID-19 pandemic.''.

    SEC. 523. EMERGENCY SUPPORT FOR CDFIS AND COMMUNITIES RESPONDING TO THE
                  COVID-19 PANDEMIC.

        (a) Direct Appropriation.--There is appropriated, out of amounts in
    the Treasury not otherwise appropriated, for the fiscal year 2021,
    $3,000,000,000 under the heading ``department of treasury--community
    development financial institutions fund program account, emergency
    support'' to carry out this section, of which--
                (1) up to $1,250,000,000, shall remain available until
            September 30, 2021, to support, prepare for, and respond to the
            economic impact of the coronavirus, provided that the Fund
            shall--
                        (A) provide grants funded under this paragraph
                    using a formula that takes into account criteria such
                    as certification status, financial and compliance
                    performance, portfolio and balance sheet strength, a
                    diversity of CDFI business model types, and program
                    capacity, of which not less than $25,000,000 may be for
                    grants to benefit Native American, Native Hawaiian, and
                    Alaska Native communities; and
                        (B) make funds available under this paragraph not
                    later than 60 days after the date of enactment of this
                    Act; and
                (2) up to $1,750,000,000, shall remain available until
            expended, to provide grants to CDFIs to respond to the economic
            impact of the COVID-19 pandemic--
                        (A) to expand lending, grant making, or investment
                    activity in low- or moderate-income minority
                    communities and to minorities that have significant
                    unmet capital or financial services needs;
                        (B) using criteria such as certification status,
                    financial and compliance performance, portfolio and
                    balance sheet strength, a diversity of CDFI business
                    model types, status as a minority lending institution,
                    and program capacity, as well as experience making
                    loans and investments to those areas and populations
                    identified in this paragraph; and
                        (C) of which up to $1,200,000,000, shall be for
                    providing financial assistance, technical assistance,
                    awards, training and outreach programs to recipients
                    that are minority lending institutions.
        (b) Administrative Expenses.--Funds appropriated pursuant to
    subsection (a) may be used for administrative expenses, including
    administration of Fund programs and the New Markets Tax Credit Program
    under section 45D of the Internal Revenue Code of 1986.
        (c) Definitions.--In this section:
                (1) CDFI.--The term ``CDFI'' means a community development
            financial institution, as defined in section 103 of the
            Community Development Banking and Financial Institutions Act of
            1994 (12 U.S.C. 4702).
                (2) Fund.--The term ``Fund'' means the Community
            Development Financial Institutions Fund established under
            section 104(a) of the Community Development Banking and
            Financial Institutions Act of 1994 (12 U.S.C. 4703(a)).
                (3) Minority.--The term ``minority'' means any Black
            American, Hispanic American, Asian American, Native American,
            Native Alaskan, Native Hawaiian, or Pacific Islander.
                (4) Minority lending institution.--The term ``minority
            lending institution'' means a CDFI--
                        (A) with respect to which a majority of both the
                    number dollar volume of arm's-length, on-balance sheet
                    financial products of the CDFI are directed at
                    minorities or majority minority census tracts or
                    equivalents; and
                        (B) that--
                                (i) is a minority depository institution,
                            as defined in section 308(b) of the Financial
                            Institutions Reform, Recovery, and Enforcement
                            Act of 1989 (12 U.S.C. 1463 note), or otherwise
                            considered to be a minority depository
                            institution by the appropriate Federal banking
                            agency, as defined in section 3 of the Federal
                            Deposit Insurance Act (12 U.S.C. 1813), or by
                            the National Credit Union Administration, as
                            applicable; or
                                (ii) meets standards for accountability to
                            minority populations as determined by the
                            Administrator.
        (d) Collection of Data.--With respect to a CDFI that receives funds
    under this section, notwithstanding the Equal Credit Opportunity Act
    (15 U.S.C. 1691 et seq.)--
                (1) the CDFI may collect data described in section
            701(a)(1) of that Act (15 U.S.C. 1691(a)(1)) from borrowers and
            applicants for credit for the sole purpose and exclusive use to
            ensure that targeted populations and low-income residents of
            investment areas are adequately served; and
                (2) the CDFI that collects the data described in paragraph
            (1) shall not be subject to adverse action related to that
            collection by the Bureau of Consumer Financial Protection or
            any other Federal agency.

    SEC. 524. INSPECTOR GENERAL OVERSIGHT.

        (a) In General.--The Inspector General of the Department of the
    Treasury shall conduct, supervise, and coordinate audits and
    investigations of any program established under this subtitle or the
    amendments made by this subtitle.
        (b) Reporting.--The Inspector General of the Department of the
    Treasury shall submit to the Committee on Financial Services of the
    House of Representatives and the Committee on Banking, Housing, and
    Urban Affairs of the Senate and the Secretary of the Treasury not less
    frequently than 2 times per year a report relating to the oversight
    provided by the Office of the Inspector General, including any
    recommendations for improvements to the programs described in
    subsection (a).

    SEC. 525. STUDY AND REPORT WITH RESPECT TO IMPACT OF PROGRAMS ON LOW-
                  AND MODERATE-INCOME AND MINORITY COMMUNITIES.

        (a) Study.--The Secretary of the Treasury shall conduct a study of
    the impact of the programs established under this subtitle or any
    amendment made by this subtitle on low- and moderate-income and
    minority communities.
        (b) Report.--Not later than 18 months after the date of enactment
    of this Act, the Secretary of the Treasury shall submit to the
    Committee on Financial Services of the House of Representatives and the
    Committee on Banking, Housing, and Urban Affairs of the Senate a report
    on the results of the study conducted pursuant to subsection (a), which
    shall include, to the extent possible, the results of the study
    disaggregated by ethnic group.
        (c) Information Provided to the Secretary.--Eligible institutions
    that participate in any of the programs described in subsection (a)
    shall provide the Secretary of the Treasury with such information as
    the Secretary may require to carry out the study required by this
    section.

                           Subtitle C--Miscellaneous

    SEC. 540. EXTENSIONS OF TEMPORARY RELIEF AND EMERGENCY AUTHORITIES.

        (a) In General.--Title IV of the CARES Act (15 U.S.C. 9041 et seq.)
    is amended--
                (1) in section 4014(b) (15 U.S.C. 9052(b))--
                        (A) in paragraph (1), by inserting ``the first day
                    of the fiscal year of the insured depository
                    institution, bank holding company, or any affiliate
                    thereof that begins after'' before ``the date''; and
                        (B) in paragraph (2), by striking ``December 31,
                    2020'' and inserting ``January 1, 2022''; and
                (2) in section 4016(b)(2), by striking ``2020'' and
            inserting ``2021''.
        (b) Temporary Credit Union Provisions.--Section 307(a)(4)(A) of the
    Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended by
    striking ``December 31, 2020'' and inserting ``December 31, 2021''.

    SEC. 541. EXTENSION OF TEMPORARY RELIEF FROM TROUBLED DEBT
                  RESTRUCTURINGS AND INSURER CLARIFICATION.

        Section 4013 of the CARES Act (15 U.S.C. 9051) is amended--
                (1) by inserting ``, including an insurance company,''
            after ``institution'' each place the term appears;
                (2) in subsection (a)(1), by striking ``December 31, 2020''
            and inserting ``January 1, 2022'';
                (3) in subsection (b)(1)(B), by inserting ``under United
            States Generally Accepted Accounting Principles'' after
            ``purposes''; and
                (4) in subsection (d)(1), by inserting ``, including
            insurance companies,'' after ``institutions''.

    SEC. 542. HEALTHCARE OPERATING LOSS LOANS.

        (a) Definitions.--In this section:
                (1) Operating loss.--The term ``operating loss'' has the
            meaning given the term in section 223(d) of the National
            Housing Act (12 U.S.C. 1715n(d)).
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of Housing and Urban Development.
        (b) Authorization to Provide Mortgage Insurance.--Notwithstanding
    any other provision of law, for fiscal years 2020 and 2021, in addition
    to the authority provided to insure operating loss loans under section
    223(d) of the National Housing Act (12 U.S.C. 1715n(d)), the Secretary
    may insure or enter into commitments to ensure mortgages under such
    section 223(d) with respect to healthcare facilities--
                (1) insured under section 232 or section 242 of the
            National Housing Act (12 U.S.C. 1715w, 1715z-7);
                (2) that were financially sound immediately prior to the
            President's March 13, 2020 Proclamation on Declaring a National
            Emergency Concerning the Novel Coronavirus Disease (COVID-19)
            Outbreak;
                (3) that have exhausted all other forms of assistance; and
                (4) subject to--
                        (A) the limitation for new commitments to guarantee
                    loans insured under the General and Special Risk
                    Insurance Funds under the heading ``General and Special
                    Risk Program Account'' for fiscal years 2020 and 2021;
                    and
                        (B) the underwriting parameters and other terms and
                    conditions that the Secretary determines appropriate
                    through guidance.
        (c) Amount of Loan.--After all other realized or reasonably
    anticipated assistance (including reimbursements, loans, or other
    payments from other Federal sources) are taken into account, a loan
    insured under subsection (b) shall be in an amount not exceeding the
    lesser of--
                (1) the temporary losses or additional expenses incurred or
            expected to be incurred by the healthcare facility as a result
            of the impact of the circumstances giving rise to the
            President's March 13, 2020 Proclamation on Declaring a National
            Emergency Concerning the Novel Coronavirus Disease (COVID-19)
            Outbreak; or
                (2) the amount expected to be needed to cover the sum of--
                        (A) 1 year of principal and interest payments for
                    the existing loans of the healthcare facility insured
                    by the Secretary;
                        (B) 1 year of principal and interest payments for
                    the loan pursuant to this section;
                        (C) 1 year of mortgage insurance premiums for the
                    loans described in subparagraphs (A) and (B);
                        (D) 1 year of monthly deposits to reserve accounts
                    required by the Secretary for the loans described in
                    subparagraphs (A) and (B);
                        (E) 1 year of property taxes and insurance for the
                    healthcare facility; and
                        (F) transaction costs, including legal fees, for
                    the loans described in subparagraphs (A) and (B).

                           TITLE VI--LABOR PROVISIONS

    SEC. 601. JOB CORPS FLEXIBILITIES.

        (a) Enrollment.--During the period beginning on the date of
    enactment of this Act and ending when all qualifying emergencies have
    expired, notwithstanding any other provision of law, the requirements
    described in sections 145(a)(2)(A) and 152(b)(2)(B) of the Workforce
    Innovation and Opportunity Act (29 U.S.C. 3195(a)(2)(A), 3202(b)(2)(B))
    shall be applicable only for enrollees in the Job Corps--
                (1) participating on-site at a Job Corps center; or
                (2) returning to on-site participation at a Job Corps
            center after participating in distance learning.
        (b) Eligibility.--During a qualifying emergency or the 1-year
    period immediately following the expiration of the qualifying
    emergency, an individual who would be older than the age of 24 on the
    date the individual enrolls in the Job Corps is eligible to enroll in
    the Job Corps, notwithstanding section 144(a)(1)(A) of the Workforce
    Innovation and Opportunity Act (29 U.S.C. 3194(a)(1)(A)), as long as--
                (1) the individual applies for enrollment by the date that
            is 6 months after the date of enactment of this Act, and is not
            older than age 24 on the date of application; and
                (2) the individual attains the age of 25 during the
            qualifying emergency or the 1-year period immediately following
            the expiration of the qualifying emergency.
        (c) Qualifying Emergency Defined.--In this section, the term
    ``qualifying emergency'' has the meaning given the term in section
    3502(a)(4) of the Coronavirus Aid, Relief, and Economic Security Act
    (Public Law 116-136).

                  TITLE VII--NUTRITION AND AGRICULTURE RELIEF

                             Subtitle A--Nutrition

              CHAPTER 1--SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

    SEC. 701. DEFINITIONS.

        In this chapter--
                (1) Covid-19 public health emergency.--The term ``COVID-19
            public health emergency'' means a public health emergency
            declared or renewed by the Secretary of Health and Human
            Services under section 319 of the Public Health Service Act (42
            U.S.C. 247d) based on an outbreak of coronavirus disease 2019
            (COVID-19).
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.
                (3) Supplemental nutrition assistance program.--The term
            ``supplemental nutrition assistance program'' has the meaning
            given such term in section 3(t) of the Food and Nutrition Act
            of 2008 (7 U.S.C. 2012(t)).
                (4) SNAP.--The term ``SNAP'' refers to the supplemental
            nutrition assistance program.

    SEC. 702. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

        (a) Value of Benefits.--Notwithstanding any other provision of law,
    beginning on January 1, 2021, and for each subsequent month through
    June 30, 2021, the value of benefits determined under section 8(a) of
    the Food and Nutrition Act of 2008 (7 U.S.C. 15 2017(a)) shall be
    calculated using 115 percent of the June 2020 value of the thrifty food
    plan (as defined in section 3 of such Act (7 U.S.C. 2012)) if the value
    of the benefits would be greater under that calculation than in the
    absence of this subsection.
        (b) Requirements for the Secretary.--In carrying out this section,
    the Secretary shall--
                (1) consider the benefit increases described in subsection
            (a) to be a ``mass change'';
                (2) require a simple process for States to notify
            households of the increase in benefits;
                (3) consider section 16(c)(3)(A) of the Food and Nutrition
            Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in
            the implementation of this section without regard to the 120-
            day limit described in that section; and
                (4) disregard the additional amount of benefits that a
            household receives as a result of this section in determining
            the amount of overissuances under section 13 of the Food and
            Nutrition Act of 2008 (7 U.S.C. 2022).
        (c) Administrative Expenses.--
                (1) In general.--For the costs of State administrative
            expenses associated with carrying out this section and
            administering the supplemental nutrition assistance program
            established under the Food and Nutrition Act of 2008 (7 U.S.C.
            2011 et seq.) during the COVID-19 public health emergency, the
            Secretary shall make available $100,000,000 for fiscal year
            2021.
                (2) Timing.--Not later than 60 days after the date of the
            enactment of this Act, the Secretary shall make available to
            States amounts for fiscal year 2021 under paragraph (1).
                (3) Allocation of funds.--Funds described in paragraph (1)
            shall be made available as grants to State agencies for fiscal
            year 2021 as follows:
                        (A) 75 percent of the amounts available for fiscal
                    year 2021 shall be allocated to States based on the
                    share of each State of households that participate in
                    the supplemental nutrition assistance program as
                    reported to the Department of Agriculture for the most
                    recent 12-month period for which data are available,
                    adjusted by the Secretary (as of the date of the
                    enactment of this Act) for participation in disaster
                    programs under section 5(h) of the Food and Nutrition
                    Act of 2008 (7 U.S.C. 2014(h)); and
                        (B) 25 percent of the amounts available for fiscal
                    year 2021 shall be allocated to States based on the
                    increase in the number of households that participate
                    in the supplemental nutrition assistance program as
                    reported to the Department of Agriculture over the most
                    recent 12-month period for which data are available,
                    adjusted by the Secretary (as of the date of the
                    enactment of this Act) for participation in disaster
                    programs under section 5(h) of the Food and Nutrition
                    Act of 2008 (7 U.S.C. 2014(h)).
        (d) Certain Exclusions From Snap Income.--A Federal pandemic
    unemployment compensation payment made to an individual under section
    2104 of the Coronavirus Aid, Relief, and Economic Security Act (Public
    Law 116-136) shall not be regarded as income and shall not be regarded
    as a resource for the month of receipt and the following 9 months, for
    the purpose of determining eligibility of such individual or any other
    individual for benefits or assistance, or the amount of benefits or
    assistance, under any programs authorized under the Food and Nutrition
    Act of 2008 (7 U.S.C. 2011 et seq.).
        (e) Provisions for Impacted Students.--
                (1) In general.--Notwithstanding any other provision of
            law, not later than 20 days after the date of the enactment of
            this Act, eligibility for supplemental nutrition assistance
            program benefits shall not be limited under section 6(e) of the
            Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) for an
            individual who--
                        (A) is enrolled at least half-time in an
                    institution of higher education; and
                        (B)(i) is eligible to participate in a State or
                    federally financed work study program during the
                    regular school year as determined by the institution of
                    higher education; or
                        (ii) in the current academic year, has an expected
                    family contribution of $0 as determined in accordance
                    with part F of title IV of the Higher Education Act of
                    195 (20 U.S.C. 1087kk et. seq.).
                (2) Sunset.--
                        (A) Initial applications.--The eligibility
                    standards authorized under paragraph (1) shall be in
                    effect for initial applications for the supplemental
                    nutrition assistance program until 30 days after the
                    COVID-19 public health emergency is lifted.
                        (B) Recertifications.--The eligibility standards
                    authorized under paragraph (1) shall be in effect until
                    the first recertification of a household beginning no
                    earlier than 30 days after the COVID-19 public health
                    emergency is lifted.
                (3) Guidance.--
                        (A) In general.--Not later than 10 days after the
                    date of enactment of this Act, the Secretary shall
                    issue guidance to State agencies on the temporary
                    student eligibility requirements established under this
                    subsection.
                        (B) Coordination with the department of
                    education.--The Secretary of Education, in consultation
                    with the Secretary of Agriculture and institutions of
                    higher education, shall carry out activities to inform
                    applicants for Federal student financial aid under the
                    Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
                    and students at institutions of higher education of the
                    temporary student eligibility requirements established
                    under this subsection.
        (f) Report.--Not later than July 31, 2021, the Secretary shall
    submit to the Committee on Agriculture of the House of Representatives
    and the Committee on Agriculture, Nutrition, and Forestry of the Senate
    a report that accounts for both the redemption rate and account
    balances for each month during the period specified in subsection (a).
        (g) Limitation on Quality Control Waivers.--Section 4603(a)(2) of
    the Continuing Appropriations Act, 2021 and Other Extensions Act
    (Public Law 116-159) is amended by striking ``September 30, 2021'' and
    inserting ``June 30, 2021''.
        (h) Funding.--There are hereby appropriated to the Secretary, out
    of any money not otherwise appropriated, such sums as may be necessary
    to carry out this section.

    SEC. 703. ADDITIONAL ASSISTANCE FOR SNAP ONLINE PURCHASING AND
                  TECHNOLOGY IMPROVEMENTS.

        (a) Resources for SNAP Online Purchasing.--Not later than 60 days
    after the date of enactment of this Act, the Secretary shall provide--
                (1) additional support for the Food and Nutrition Service
            to conduct end-to-end testing in the online production
            environment; and
                (2) technical assistance to educate retailers on the
            process and technical requirements for the online acceptance of
            SNAP benefits and to support and expedite SNAP online
            purchasing.
        (b) Snap Online Purchasing Assistance for Direct-marketing Farmers
    and Farmers' Markets.--The Secretary, on a competitive basis, shall
    enter into cooperative agreements with, or provide grants to, not more
    than 5 eligible entities to build out functionality, and provide
    assistance to direct-marketing farmers and farmers' markets to accept
    SNAP benefits through online transactions.
                (1) Selection priority.--The Secretary shall prioritize
            eligible entities with experience building online purchasing
            platforms for technology solutions for farmers' markets and
            direct-marketing farmers.
                (2) Definition of eligible entity.--In this subsection, the
            term ``eligible entity'' means a nonprofit entity with
            experience building online purchasing platforms or technology
            solutions, or with experience working with commercial entities
            that have experience building online purchasing platforms or
            technology solutions.
        (c) Issuance Innovation and Technology Improvement Support.--The
    Secretary shall--
                (1) review technological developments, including
            developments related to security and privacy, surrounding
            mobile payment technology, to support the mobile technologies
            demonstration projects and the use of mobile technologies
            authorized under section 7(k)(14) of the Food and Nutrition Act
            of 2008; and
                (2) test methods to modernize electronic benefit transfer
            technology for the purpose of improving the security and
            integrity of the electronic benefits transfer system.
        (d) Report.--Not later than January 31, 2022, and annually
    thereafter until all funds provided under subsection (e) have been
    expended, the Secretary shall submit to the Committee on Agriculture of
    the House of Representatives and the Committee on Agriculture,
    Nutrition, and Forestry of the Senate a report that includes--
                (1) a description of the activities conducted under
            subsections (a), (b), and (c);
                (2) a description of any grants, cooperative agreements, or
            contracts awarded under this section;
                (3) an analysis of the technological developments
            surrounding mobile payment technology; and
                (4) a summary of EBT modernization testing results under
            subsection (c)(2).
        (e) Funding.--
                (1) Appropriations.--There is hereby appropriated to the
            Secretary, out of any money in the Treasury not otherwise
            appropriated, $5,000,000 to be available until expended to
            carry out this section.
                (2) Use of funds.--With respect to the funds appropriated
            under paragraph (1), the Secretary shall use--
                        (A) not more than $1,000,000 for purposes described
                    in subsection (a); and
                        (B) not more than $1,000,000 for purposes described
                    in subsection (b).

    SEC. 704. NUTRITION ASSISTANCE PROGRAMS.

        In addition to amounts otherwise made available, $614,000,000, to
    remain available through September 30, 2021, shall be available for the
    Secretary of Agriculture to provide grants to the Commonwealth of the
    Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition
    assistance in response to a COVID-19 public health emergency, of which
    $14,000,000 shall be available for the Commonwealth of the Northern
    Mariana Islands.

                   CHAPTER 2--COMMODITY DISTRIBUTION PROGRAMS

    SEC. 711. EMERGENCY FOOD ASSISTANCE PROGRAM.

        For an additional amount for the ``Commodity Assistance Program''
    for the emergency food assistance program as authorized by section
    27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and
    section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7
    U.S.C. 7508(a)(1)), $400,000,000, to remain available through September
    30, 2021:  Provided, That of the funds made available in this section,
    the Secretary may use up to 20 percent for costs associated with the
    distribution of commodities.

    SEC. 712. COMMODITY SUPPLEMENTAL ASSISTANCE PROGRAM.

        In addition to amounts otherwise made available, $13,000,000, to
    remain available through September 30, 2021, shall be available for the
    Secretary of Agriculture for 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):  Provided, That of the funds made
    available in this section, up to 20 percent shall be available for
    State administrative expenses.

                           CHAPTER 3--CHILD NUTRITION

    SEC. 721. ASSISTANCE FOR CHILDREN IN CHILD CARE.

        Section 1101 of the Families First Coronavirus Response Act (Public
    Law 116-127; 7 U.S.C. 2011 note) is amended--
                (1) in subsection (f), by amending paragraph (2) to read as
            follows:
                ``(2) Simplifying assumptions for school year 2020-2021.--
            For purposes of this section, a State agency may develop and
            use simplifying assumptions (including a State or local public
            health ordinance developed in response to COVID-19) and the
            best feasibly available data to determine the status of a
            school or covered child care facility as opened, closed, or
            operating with a reduced number of days or hours, establish
            State or regionally-based benefits levels, identify eligible
            children and children eligible for assistance under subsection
            (h), and establish eligibility periods for eligible children
            and children eligible for assistance under subsection (h).'';
            and
                (2) in subsection (h)--
                        (A) in paragraph (1), by inserting ``or the area of
                    a child's residence'' after ``schools in the area of a
                    covered child care facility'';
                        (B) in paragraph (2), by inserting ``or for each
                    day that a school in the area of a covered child care
                    facility or the area of the child's residence is closed
                    or has reduced attendance or hours for at least 5
                    consecutive days'' before the period at the end; and
                        (C) by adding at the end the following:
                ``(4) Deemed population.--For purposes of an approved State
            agency plan described in paragraph (1) or an approved amendment
            to such a plan described in such paragraph, the Secretary of
            Agriculture shall deem any child who has not attained the age
            of 6 as a child who is enrolled in a covered child care
            facility.''; and
                (3) in subsection (j), by inserting ``for State agencies,
            other agencies of the State, local units, and schools'' after
            ``administrative expenses''.

    SEC. 722. EMERGENCY COSTS FOR CHILD NUTRITION PROGRAMS DURING COVID-19
                  PANDEMIC.

        (a) Use of Certain Appropriations to Cover Emergency Operational
    Costs Under School Meal Programs.--
                (1) In general.--
                        (A) Required allotments.--Notwithstanding any other
                    provision of law, the Secretary shall allocate to each
                    State that participates in the reimbursement program
                    under paragraph (3) such amounts as may be necessary to
                    carry out reimbursements under such paragraph for each
                    reimbursement month, including, subject to paragraph
                    (5)(B), administrative expenses necessary to make such
                    reimbursements.
                        (B) Guidance with respect to program.--Not later
                    than 30 days after the date of the enactment of this
                    section, the Secretary shall issue guidance with
                    respect to the reimbursement program under paragraph
                    (3).
                (2) Reimbursement program application.--To participate in
            the reimbursement program under paragraph (3), not later than
            30 days after the date described in paragraph (1)(B), a State
            shall submit an application to the Secretary that includes a
            plan to calculate and disburse reimbursements under the
            reimbursement program under paragraph (3).
                (3) Reimbursement program.--Subject to paragraphs (4) and
            (5)(D), using the amounts allocated under paragraph (1)(A), a
            State participating in the reimbursement program under this
            paragraph shall make reimbursements for emergency operational
            costs for each reimbursement month as follows:
                        (A) For each new school food authority in the State
                    for the reimbursement month, an amount equal to 55
                    percent of the amount equal to--
                                (i) the average monthly amount such new
                            school food authority was reimbursed under the
                            reimbursement sections for meals and
                            supplements served by such new school food
                            authority during the alternate period; minus
                                (ii) the amount such new school food
                            authority was reimbursed under the
                            reimbursement sections for meals and
                            supplements served by such new school food
                            authority during such reimbursement month.
                        (B) For each school food authority not described in
                    subparagraph (A) in the State for the reimbursement
                    month, an amount equal to 55 percent of--
                                (i) the amount such school food authority
                            was reimbursed under the reimbursement sections
                            for meals and supplements served by such school
                            food authority for the month beginning one year
                            before such reimbursement month; minus
                                (ii) the amount such school food authority
                            was reimbursed under the reimbursement sections
                            for meals and supplements served by such school
                            food authority during such reimbursement month.
                (4) Special rules relating to reimbursement calculation.--
                        (A) Effect of negative number.--If a subtraction
                    performed under subparagraph (A) or (B) of paragraph
                    (3) results in a negative number, the reimbursement
                    amount calculated under such subparagraph shall equal
                    zero.
                        (B) Special treatment of march, 2020.--In the case
                    of a reimbursement under subparagraph (A) or (B) of
                    paragraph (3) for the reimbursement month of March,
                    2020, the reimbursement amount shall be equal to the
                    amount determined under such a subparagraph for such
                    month, divided by 2.
                (5) Treatment of funds.--
                        (A) Availability.--Funds allocated to a State under
                    paragraph (1)(A) shall remain available until September
                    30, 2021.
                        (B) Administrative expenses.--A State may reserve
                    not more than 1 percent of the funds allocated under
                    paragraph (1)(A) for administrative expenses to carry
                    out this subsection.
                        (C) Unexpended balance.--On March 31, 2022, any
                    amounts allocated to a State under paragraph (1)(A) or
                    reimbursed to a school food authority or new school
                    food authority under paragraph (3) that are unexpended
                    by such State, school food authority, or new school
                    food authority shall revert to the Secretary.
                        (D) Limitation on use of funds.--Funds allocated to
                    a State under paragraph (1)(A) may only be made
                    available to a school food authority or new school food
                    authority that--
                                (i) submits a claim to such State for
                            meals, supplements, or administrative costs
                            with respect to a month occurring during the
                            period beginning September 1, 2020 and ending
                            December 31, 2020; or
                                (ii) provides an assurance to such State
                            that the school food authority or new school
                            food authority will submit a claim to such
                            State for meals, supplements, or administrative
                            costs with respect to a month occurring during
                            the first full semester (or equivalent term)
                            after the conclusion of the public health
                            emergency, as determined by such State.
                (6) Reports.--Each State that carries out a reimbursement
            program under paragraph (3) shall, not later than March 31,
            2022, submit a report to the Secretary that includes a summary
            of the use of such funds by the State and each school food
            authority and new school food authority in such State.
        (b) Use of Certain Appropriations to Cover Child and Adult Care
    Food Program Child Care Operational Emergency Costs During COVID-19
    Pandemic.--
                (1) In general.--
                        (A) Required allotments.--Notwithstanding any other
                    provision of law, the Secretary shall allocate to each
                    State that participates in the reimbursement program
                    under paragraph (3) such amounts as may be necessary to
                    carry out reimbursements under such paragraph for each
                    reimbursement month, including, subject to paragraph
                    (5)(C), administrative expenses necessary to make such
                    reimbursements.
                        (B) Guidance with respect to program.--Not later
                    than 30 days after the date of the enactment of this
                    section, the Secretary shall issue guidance with
                    respect to the reimbursement program under paragraph
                    (3).
                (2) Reimbursement program application.--To participate in
            the reimbursement program under paragraph (3), not later than
            30 days after the date described in paragraph (1)(B), a State
            shall submit an application to the Secretary that includes a
            plan to calculate and disburse reimbursements under the
            reimbursement program under paragraph (3).
                (3) Reimbursement amount.--Subject to paragraphs (4) and
            (5)(E), using the amounts allocated under paragraph (1)(A), a
            State participating in the reimbursement program under this
            paragraph shall make reimbursements for child care operational
            emergency costs for each reimbursement month as follows:
                        (A) For each new covered institution in the State
                    for the reimbursement month, an amount equal to 55
                    percent of--
                                (i) the average monthly amount such new
                            covered institution was reimbursed under
                            subsection (c) and subsection (f) of section 17
                            of the Richard B. Russell National School Lunch
                            Act (42 U.S.C. 1766) for meals and supplements
                            served by such new covered institution during
                            the alternate period; minus
                                (ii) the amount such new covered
                            institution was reimbursed under such section
                            for meals and supplements served by such new
                            covered institution during such reimbursement
                            month.
                        (B) For each covered institution not described in
                    subparagraph (A) in the State for the reimbursement
                    month, an amount equal to 55 percent of--
                                (i) the amount such covered institution was
                            reimbursed under subsection (c) and subsection
                            (f) of section 17 of the Richard B. Russell
                            National School Lunch Act (42 U.S.C. 1766) for
                            meals and supplements served by such covered
                            institution during the month beginning one year
                            before such reimbursement month; minus
                                (ii) the amount such covered institution
                            was reimbursed under such section for meals and
                            supplements served by such covered institution
                            during such reimbursement month.
                        (C) For each new sponsoring organization of a
                    family or group day care home in the State for the
                    reimbursement month, an amount equal to 55 percent of--
                                (i) the average monthly amount such new
                            sponsoring organization of a family or group
                            day care home was reimbursed under section
                            17(f)(3)(B) of the Richard B. Russell National
                            School Lunch Act (42 U.S.C. 1766(f)(3)(B)) for
                            administrative funds for the alternate period;
                            minus
                                (ii) the amount such new sponsoring
                            organization of a family or group day care home
                            was reimbursed under such section for
                            administrative funds for the reimbursement
                            month.
                        (D) For each sponsoring organization of a family or
                    group day care home not described in subparagraph (C)
                    in the State for the reimbursement month, an amount
                    equal to 55 percent of--
                                (i) the amount such sponsoring organization
                            of a family or group day care home was
                            reimbursed under section 17(f)(3)(B) of the
                            Richard B. Russell National School Lunch Act
                            (42 U.S.C. 1766(f)(3)(B)) for administrative
                            funds for the month beginning one year before
                            such reimbursement month; minus
                                (ii) the amount such sponsoring
                            organization of a family or group day care home
                            was reimbursed under such section for
                            administrative funds for such reimbursement
                            month.
                (4) Special rules relating to reimbursement calculation.--
                        (A) Effect of negative number.--If a subtraction
                    performed under subparagraph (A), (B), (C), or (D) of
                    paragraph (3) results in a negative number, the
                    reimbursement amount calculated under such subparagraph
                    shall equal zero.
                        (B) Special treatment of march, 2020.--In the case
                    of a reimbursement under subparagraph (A), (B), (C), or
                    (D) of paragraph (3) for the reimbursement month of
                    March, 2020, the reimbursement amount shall be equal to
                    the amount determined under such a subparagraph for
                    such month, divided by 2.
                (5) Treatment of funds.--
                        (A) Availability.--Funds allocated to a State under
                    paragraph (1)(A) shall remain available until September
                    30, 2021.
                        (B) Unaffiliated center.--In the case of a covered
                    institution or a new covered institution that is an
                    unaffiliated center that is sponsored by a sponsoring
                    organization and receives funds for a reimbursement
                    month under subparagraph (A) or (B) of paragraph (3),
                    such unaffiliated center shall provide to such
                    sponsoring organization an amount of such funds as
                    agreed to by the sponsoring organization and the
                    unaffiliated center, except such amount may not be
                    greater be than 15 percent of such funds.
                        (C) Administrative expenses.--A State may reserve
                    not more than 1 percent of the funds allocated under
                    paragraph (1)(A) for administrative expenses to carry
                    out this subsection.
                        (D) Unexpended balance.--On March 31, 2022, any
                    amounts allocated to a State under paragraph (1)(A) or
                    reimbursed to a new covered institution, covered
                    institution, new sponsoring organization of a family or
                    group day care home, or sponsoring organization of a
                    family or group day care home that are unexpended by
                    such State, new covered institution, covered
                    institution, new sponsoring organization of a family or
                    group day care home, or sponsoring organization of a
                    family or group day care home, shall revert to the
                    Secretary.
                        (E) Limitation on use of funds.--Funds allocated to
                    a State under paragraph (1)(A) may only be made
                    available to a new covered institution, covered
                    institution, new sponsoring organization of a family or
                    group day care home, or sponsoring organization of a
                    family or group day care home that--
                                (i) submits a claim to such State for
                            meals, supplements, or administrative costs
                            with respect to a month occurring during the
                            period beginning September 1, 2020 and ending
                            December 31, 2020; or
                                (ii) provides an assurance to such State
                            that the new covered institution, covered
                            institution, new sponsoring organization of a
                            family or group day care home, or sponsoring
                            organization of a family or group day care home
                            will submit a claim to such State for meals,
                            supplements, or administrative costs with
                            respect to a month occurring within 90 days
                            after the conclusion of the public health
                            emergency.
                (6) Reports.--Each State that carries out a reimbursement
            program under paragraph (3) shall, not later than March 31,
            2022, submit a report to the Secretary that includes a summary
            of the use of such funds by the State and each new covered
            institution, covered institution, new sponsoring organization
            of a family or group day care home, or sponsoring organization
            of a family or group day care home.
        (c) Funding.--There are appropriated to the Secretary, out of any
    funds in the Treasury not otherwise appropriated, such sums as are
    necessary to carry out this section.
        (d) Definitions.--In this section:
                (1) Alternate period.--The term ``alternate period'' means
            the period beginning January 1, 2020 and ending February 29,
            2020.
                (2) Emergency operational costs.--The term ``emergency
            operational costs'' means the costs incurred by a school food
            authority or new school food authority--
                        (A) during a public health emergency;
                        (B) that are related to the ongoing operation,
                    modified operation, or temporary suspension of
                    operation (including administrative costs) of such
                    school food authority or new school food authority; and
                        (C) except as provided under subsection (a), that
                    are not reimbursed under a Federal grant.
                (3) Child care operational emergency costs.--The term
            ``child care operational emergency costs'' means the costs
            under the child and adult care food program under section 17 of
            the Richard B. Russell National School Lunch Act (42 U.S.C.
            1766) incurred by a new covered institution, covered
            institution, new sponsoring organization of a family or group
            day care home, or sponsoring organization of a family or group
            day care home--
                        (A) during a public health emergency;
                        (B) that are related to the ongoing operation,
                    modified operation, or temporary suspension of
                    operation (including administrative costs) of such new
                    covered institution, covered institution, new
                    sponsoring organization of a family or group day care
                    home, sponsoring organization of a family or group day
                    care home, or sponsoring organization of an
                    unaffiliated center; and
                        (C) except as provided under subsection (b), that
                    are not reimbursed under a Federal grant.
                (4) Covered institution.--The term ``covered institution''
            means--
                        (A) an institution (as defined in section 17(a)(2)
                    of the Richard B. Russell National School Lunch Act (42
                    U.S.C. 1766(a)(2))); and
                        (B) a family or group day care home.
                (5) New covered institution.--The term ``new covered
            institution'' means a covered institution for which no
            reimbursements were made for meals and supplements under
            section 17(c) or (f) of the Richard B. Russell National School
            Lunch Act (42 U.S.C. 1766) with respect to the previous
            reimbursement period.
                (6) New school food authority.--The term ``new school food
            authority'' means a school food authority for which no
            reimbursements were made under the reimbursement sections with
            respect to the previous reimbursement period.
                (7) New sponsoring organization of a family or group day
            care.--The term ``new sponsoring organization of a family or
            group day care'' means a sponsoring organization of a family or
            group day care home for which no reimbursements for
            administrative funds were made under section 17(f)(3)(B) of the
            Richard B. Russell National School Lunch Act (42 U.S.C.
            1766(f)(3)(B)) for the previous reimbursement period.
                (8) Previous reimbursement period.--The term ``previous
            reimbursement period'' means the period beginning March 1, 2019
            and ending June 30, 2019.
                (9) Public health emergency.--The term ``public health
            emergency'' means a public health emergency declared pursuant
            to section 319 of the Public Health Service Act (42 U.S.C.
            247d) resulting from the COVID-19 pandemic or any renewal of
            such declaration pursuant to such section 319.
                (10) Reimbursement month.--The term ``reimbursement month''
            means March 2020, April 2020, May 2020, and June 2020.
                (11) Reimbursement sections.--The term ``reimbursement
            sections'' means--
                        (A) section 4(b), section 11(a)(2), section 13, and
                    section 17A(c) of the Richard B. Russell National
                    School Lunch Act (42 U.S.C. 1753(b); 42 U.S.C.
                    1759a(a)(2); 42 U.S.C. 1761; 42 U.S.C. 1766a(c)); and
                        (B) section 4 of the Child Nutrition Act (42 U.S.C.
                    1773).
                (12) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.
                (13) State.-- The term ``State'' has the meaning given such
            term in section 12(d)(8) of the Richard B. Russell National
            School Lunch Act (42 U.S.C. 1760(d)(8)).

    SEC. 723. TASK FORCE ON SUPPLEMENTAL FOODS DELIVERY IN THE SPECIAL
                  SUPPLEMENTAL NUTRITION PROGRAM.

        (a) Establishment of Task Force.--Not later than 90 days after the
    date of the enactment of this section, the Secretary shall establish a
    task force on supplemental foods delivery in the special supplemental
    nutrition program (in this section referred to as the ``Task Force'').
        (b) Membership.--
                (1) Composition.--The Task Force shall be composed of at
            least 1 member but not more than 3 members appointed by the
            Secretary from each of the following:
                        (A) Retailers of supplemental foods.
                        (B) Representatives of State agencies.
                        (C) Representatives of Indian State agencies.
                        (D) Representatives of local agencies.
                        (E) Technology companies with experience
                    maintaining the special supplemental nutrition program
                    information systems and technology, including
                    management information systems or electronic benefit
                    transfer services.
                        (F) Manufacturers of supplemental foods, including
                    infant formula.
                        (G) Participants in the special supplemental
                    nutrition program from diverse locations.
                        (H) Other organizations that have experience with
                    and knowledge of the special supplemental nutrition
                    program.
                (2) Limitation on membership.--The Task Force shall be
            composed of not more than 20 members.
        (c) Duties.--
                (1) Study.--The Task Force shall study measures to
            streamline the redemption of supplemental foods benefits that
            promote convenience, safety, and equitable access to
            supplemental foods, including infant formula, for participants
            in the special supplemental nutrition program, including--
                        (A) online and telephonic ordering and curbside
                    pickup of, and payment for, supplemental foods;
                        (B) online and telephonic purchasing of
                    supplemental foods;
                        (C) home delivery of supplemental foods;
                        (D) self checkout for purchases of supplemental
                    foods; and
                        (E) other measures that limit or eliminate consumer
                    presence in a physical store.
                (2) Report by task force.--Not later than September 30,
            2021, the Task Force shall submit to the Secretary a report
            that includes--
                        (A) the results of the study required under
                    paragraph (1); and
                        (B) recommendations with respect to such results.
                (3) Report by secretary.--Not later than 45 days after
            receiving the report required under paragraph (2), the
            Secretary shall--
                        (A) submit to Congress a report that includes--
                                (i) a plan with respect to carrying out the
                            recommendations received by the Secretary in
                            such report under paragraph (2); and
                                (ii) an assessment of whether legislative
                            changes are necessary to carry out such plan;
                            and
                        (B) notify the Task Force of the submission of the
                    report required under subparagraph (A).
                (4) Publication.--The Secretary shall make publicly
            available on the website of the Department of Agriculture--
                        (A) the report received by the Secretary under
                    paragraph (2); and
                        (B) the report submitted by the Secretary under
                    paragraph (3)(A).
        (d) Termination.--The Task Force shall terminate on the date the
    Secretary submits the report required under paragraph (3)(A).
        (e) Nonapplicability of FACA.--The Federal Advisory Committee Act
    (5 U.S.C. App.) shall not apply to the Task Force.
        (f) Definitions.--In this section:
                (1) Local agency.--The term ``local agency'' has the
            meaning given the term in section 17(b) of the Child Nutrition
            Act of 1966 (42 U.S.C. 1786(b)).
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.
                (3) Special supplemental nutrition program.--The term
            ``special supplemental nutrition program'' means the special
            supplemental nutrition program under section 17 of the Child
            Nutrition Act of 1966 (42 U.S.C. 1786).
                (4) State agency.--The term ``State agency'' has the
            meaning given the term in section 17(b) of the Child Nutrition
            Act of 1966 (42 U.S.C. 1786(b)).
                (5) Supplemental foods.--The term ``supplemental foods''
            has the meaning given the term in section 17(b) of the Child
            Nutrition Act of 1966 (42 U.S.C. 1786(b)).

                            CHAPTER 4--OTHER MATTERS

    SEC. 731. AGING AND DISABILITY SERVICES PROGRAMS.

         For an additional amount for nutrition services under the Older
    Americans Act of 1965, $175,000,000:  Provided, That of the amount made
    available under this heading in this Act, $168,000,000 shall be for
    subparts 1 and 2 of part C of title III of such Act and $7,000,000
    shall be for nutrition services under title VI of such Act:  Provided
    further, That State matching requirements under sections 304(d)(1)(D)
    and 309(b)(2) of such Act shall not apply to funds made available under
    this heading.

    SEC. 732. NUTRITION SERVICES UNDER OLDER AMERICANS ACT.

        (a) Nutrition Services Transfer Criteria.--With respect to funds
    appropriated under paragraph (1) or (2) of section 303(b) of the Older
    Americans Act of 1965 (42 U.S.C. 3023(b)) received by a State for
    fiscal year 2021, the Secretary shall allow a State agency or an area
    agency on aging, without prior approval, to transfer not more than 100
    percent of the funds received, notwithstanding the limitation on
    transfer authority provided in subparagraph (A) of section 308(b)(4) of
    the Older Americans Act of 1965 (42 U.S.C. 3028(b)(4)) and without
    regard to subparagraph (B) of such section, by the State agency or area
    agency on aging, respectively, and attributable to funds appropriated
    under paragraph (1) or (2) of section 303(b) of such Act, between
    subpart 1 and subpart 2 of part C (42 U.S.C. 3030d-2 et seq.) for such
    use as the State agency or area agency on aging, respectively,
    considers appropriate to meet the needs of the State or area served.
        (b) Home-delivered Nutrition Services Waiver.--For purposes of
    determining eligibility for the delivery of nutrition services under
    section 337 of the Older Americans Act of 1965 (42 U.S.C. 3030g), with
    funds received by a State under the Older Americans Act of 1965 (42
    U.S.C. 2001 et seq.) for fiscal 2021, the State shall treat an older
    individual who is unable to obtain nutrition because the individual is
    practicing social distancing due to the public health emergency in the
    same manner as the State treats an older individual who is homebound by
    reason of illness.
        (c) Dietary Guidelines Waiver.--To facilitate implementation of
    subparts 1 and 2 of part C of title III of the Older Americans Act of
    1965 (42 U.S.C. 3030d-2 et seq.), with funds received by a State for
    fiscal year 2021, the Assistant Secretary for Aging may waive, but
    continue to make every effort practicable to encourage the restoration
    of, the applicable requirements for meals provided under such subparts
    comply with the requirements of clauses (i) and (ii) of section
    339(2)(A) of such Act (42 U.S.C. 3030g-21(2)(A)).

                            Subtitle B--Agriculture

                        CHAPTER 1--AGRICULTURAL PROGRAMS

    SEC. 751. OFFICE OF THE SECRETARY.

        There is appropriated, out of any funds in the Treasury not
    otherwise appropriated, for an additional amount for the ``Office of
    the Secretary'', $11,187,500,000, to remain available until expended,
    to prevent, prepare for, and respond to coronavirus by providing
    support for agricultural producers, growers, and processors impacted by
    coronavirus, including producers and growers of specialty crops, non-
    specialty crops, dairy, livestock, and poultry, producers that supply
    local food systems, including farmers markets, restaurants, and
    schools, and growers who produce livestock or poultry under a contract
    for another entity:  Provided, That from the amounts provided in this
    section, the Secretary of Agriculture shall make supplemental payments
    to producers of price trigger crops for the 2020 crop year under
    section 9.202 of title 7, Code of Federal Regulations, on eligible
    acres of the crop, in an amount equal to $20 per eligible acre:
    Provided further, That from the amounts provided in this section, the
    Secretary of Agriculture shall make supplemental payments to producers
    of flat-rate crops for the 2020 crop year under section 9.202 of title
    7, Code of Federal Regulations, on eligible acres of the crop, in an
    amount equal to $20 per eligible acre:  Provided further, That for the
    purposes of determining the amount of eligible sales under section
    9.202(i) of title 7, Code of Federal Regulations, the Secretary of
    Agriculture shall also include indemnities received under crop
    insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
    and payments made or calculated under the noninsured crop disaster
    assistance program established by section 196 of the Federal
    Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) and the
    wildfire and hurricane indemnity plus program under subpart O of part
    760 of title 7, Code of Federal Regulations:  Provided further, That
    for the purposes of determining the amount of eligible sales under
    section 9.202(i) of title 7, Code of Federal Regulations, the Secretary
    of Agriculture may allow producers to substitute 2018 sales for such
    commodities for 2019 sales:  Provided further, That from the amounts
    provided in this section, the Secretary of Agriculture shall make
    payments to producers of livestock or poultry (not including any packer
    (as defined in section 201 of the Packers and Stockyards Act, 1921 (7
    U.S.C. 191)) or live poultry dealer (as defined in section 2(a) of that
    Act (7 U.S.C. 182(a)))) for losses of livestock or poultry depopulated
    before the date of enactment of this Act due to insufficient processing
    access, based on 80 percent of the fair market value of any livestock
    or poultry so depopulated, and for the cost of such depopulation (other
    than costs for which the producer has been compensated under the
    environmental quality incentives program under subchapter A of chapter
    4 of subtitle D of title XII of the Food Security Act of 1985 (16
    U.S.C. 3839aa et seq.)):  Provided further, That in determining the
    cost of depopulation under the preceding proviso, the Secretary of
    Agriculture may take into consideration whether a producer has been
    compensated for the costs of such depopulation by any State program:
    Provided further, That from the amounts provided in this section, the
    Secretary of Agriculture shall make payments to producers of cattle
    described in paragraphs (2), (3), and (4) of section 9.102(i) of title
    7, Code of Federal Regulations, in an amount equal to the product
    obtained by multiplying the number of such cattle in inventory during
    the time period specified in paragraph (c)(2) of that section by 50
    percent of the payment rate calculated by subtracting the applicable
    CCC payment rate specified in paragraph (h) of that section and the
    applicable payment rate specified in section 9.202(c) of that title
    from the applicable CARES Act payment rate specified in section
    9.102(h) of that title:  Provided further, That from the amounts
    provided in this section, the Secretary of Agriculture shall make
    payments to producers of cattle described in paragraphs (1) and (5) of
    section 9.102(i) of title 7, Code of Federal Regulations, in an amount
    equal to the product obtained by multiplying the number of such cattle
    in inventory during the time period specified in paragraph (c)(2) of
    that section by 25 percent of the payment rate calculated by
    subtracting the applicable CCC payment rate specified in paragraph (h)
    of that section and the applicable payment rate specified in section
    9.202(c) of that title (if applicable) from the applicable CARES Act
    payment rate specified in section 9.102(h) of that title:  Provided
    further, That from the amounts provided in this section, the Secretary
    of Agriculture shall use not more than $1,000,000,000 to make payments
    to contract growers of livestock and poultry to cover not more than 80
    percent of revenue losses, as determined by the Secretary of
    Agriculture, for the period beginning on January 1, 2020, and ending on
    the date of enactment of this Act:  Provided further, That from the
    amounts provided in this section, the Secretary of Agriculture shall
    use not less than $20,000,000 to improve and maintain animal disease
    prevention and response capacity:  Provided further, That from the
    amounts provided in this section, the Secretary of Agriculture shall
    make payments to domestic users of upland cotton and extra-long staple
    cotton for the period beginning on March 1, 2020, and ending on
    December 31, 2020, in an amount equal to the product obtained by
    multiplying 10 by the product obtained by multiplying 6 cents per pound
    by the average monthly consumption of the domestic user for the period
    beginning on January 1, 2017, and ending on December 31, 2019:
    Provided further, That notwithstanding paragraph (e) of section 9.7 of
    title 7, Code of Federal Regulations (or any successor regulation), and
    subject to the availability of funds, taking into account the
    requirements of the other provisos in this section, for purposes of
    providing assistance under subparts B and C of part 9 of that title,
    the Secretary of Agriculture shall make additional payments to ensure
    that such assistance more closely aligns with the calculated gross
    payment or revenue losses of any person or entity, except that such
    assistance shall not exceed the calculated gross payment or 80 percent
    of the loss, as determined by the Secretary of Agriculture, of any
    entity or persons, and that for the purposes of determining income
    derived from farming, ranching, and forestry under paragraph (d) of
    that section, the Secretary of Agriculture shall broadly consider
    income derived from agricultural sales (including gains), agricultural
    services, the sale of agricultural real estate, and prior year net
    operating loss carryforward as such income:  Provided further, That
    from the amounts provided in this section, the Secretary of Agriculture
    may provide support to processors for losses of crops due to
    insufficient processing access:  Provided further, That the Secretary
    of Agriculture may extend the term of a marketing assistance loan
    authorized by section 1201 of the Agricultural Act of 2014 (7 U.S.C.
    9031), notwithstanding section 1203(b) of that Act (7 U.S.C. 9033(b)),
    for any loan commodity to 12 months:  Provided further, That the
    authority provided by the previous proviso shall expire on September
    30, 2021:  Provided further, That from the amounts provided in this
    section, the Secretary of Agriculture shall use not less than
    $1,500,000,000 to purchase food and agricultural products, including
    seafood, to purchase and distribute agricultural products (including
    fresh produce, dairy, and meat products) to individuals in need,
    including through delivery to nonprofit organizations that can receive,
    store, and distribute food items, and for grants and loans to small or
    midsized food processors or distributors, seafood processing facilities
    and processing vessels, farmers markets, producers, or other
    organizations to respond to coronavirus, including for measures to
    protect workers against the Coronavirus Disease 2019 (COVID-19):
    Provided further, That not later than 30 days after the date of
    enactment of this Act and prior to issuing solicitations for contracts
    under the previous proviso, the Secretary of Agriculture shall conduct
    a preliminary review of actions necessary to improve COVID-19-related
    food purchasing, including reviewing coordination, specifications,
    quality, and fairness of purchases, including the distribution of
    purchased commodities, including the fairness of food distribution,
    such as whether rural communities received adequate support, the degree
    to which transportation costs were sufficient to reach all areas,
    whether food safety was adequate in the distribution of food, and the
    degree to which local purchases of food were made:  Provided further,
    That from the amounts provided in this section, the Secretary of
    Agriculture may use not more than $200,000,000 to provide relief to
    timber harvesting and timber hauling businesses that have, as a result
    of the COVID-19 pandemic, experienced a loss of not less than 10
    percent in gross revenue during the period beginning on January 1,
    2020, and ending on December 1, 2020, as compared to the gross revenue
    of that timber harvesting or hauling business during the same period in
    2019:  Provided further, That in making direct support payments in this
    section, the Secretary of Agriculture may take into account price
    differentiation factors for each commodity based on specialized
    varieties, local markets, and farm practices, such as certified organic
    farms (as defined in section 2103 of the Organic Foods Production Act
    of 1990 (7 U.S.C. 6502)):  Provided further, That using amounts
    provided in this section, the Secretary of Agriculture may make
    payments to producers of advanced biofuel, biomass-based diesel,
    cellulosic biofuel, conventional biofuel, or renewable fuel (as such
    terms are defined in section 211(o)(1) of the Clean Air Act (42 U.S.C.
    7545(o)(1))) produced in the United States, for unexpected market
    losses as a result of COVID-19:  Provided further, That the Secretary
    of Agriculture may make recourse loans available to dairy product
    processors, packagers, or merchandisers impacted by COVID-19:  Provided
    further, That each reference in this section to a section or other
    provision of the Code of Federal Regulations shall be considered to be
    a reference to that section or other provision as in effect on the date
    of enactment of this Act.

    SEC. 752. SPECIALTY CROP BLOCK GRANTS.

        Due to the impacts of COVID-19 on specialty crops, there is
    appropriated, out of any funds in the Treasury not otherwise
    appropriated, for Specialty Crop Block Grants under section 101 of the
    Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public
    Law 108-465), $100,000,000, to remain available until expended.

    SEC. 753. LOCAL AGRICULTURE MARKET PROGRAM.

        Due to the impacts that COVID-19 has had on many local agriculture
    markets, there is appropriated, out of any funds in the Treasury not
    otherwise appropriated, for the Local Agriculture Market Program
    established under section 210A of the Agricultural Marketing Act of
    1946 (7 U.S.C. 1627c), $100,000,000, to remain available until
    expended:  Provided, That notwithstanding any other provision of law,
    the Secretary of Agriculture may reduce the amount of matching funds
    otherwise required under that section 210A to an amount not greater
    than 10 percent of the total amount of the Federal funds obligated
    under this section only during 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 that declaration):  Provided
    further, That such match may be an in-kind contribution.

    SEC. 754. FARMING OPPORTUNITIES TRAINING AND OUTREACH PROGRAM.

        Due to the impacts of COVID-19 on certain producers, there is
    appropriated, out of any funds in the Treasury not otherwise
    appropriated, for the Farming Opportunities Training and Outreach
    Program under section 2501 of the Food, Agriculture, Conservation, and
    Trade Act of 1990 (7 U.S.C. 2279), $75,000,000, to remain available
    until expended:  Provided, That notwithstanding any other provision of
    law, the Secretary of Agriculture may reduce the amount of matching
    funds otherwise required under that section 2501 to an amount not
    greater than 10 percent of the total amount of the Federal funds
    obligated under this section only during 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 that declaration):
    Provided further, That such match may be an in-kind contribution:
    Provided further, That the Secretary of Agriculture may waive any
    maximum grant amount otherwise applicable to grants provided using such
    amounts.

    SEC. 755. GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM.

        There is appropriated, out of any funds in the Treasury not
    otherwise appropriated, for the Gus Schumacher Nutrition Incentive
    Program under section 4405 of the Food, Conservation, and Energy Act of
    2008 (7 U.S.C. 7517), $75,000,000, to remain available until expended:
    Provided, That notwithstanding any other provision of law, the
    Secretary of Agriculture may reduce the amount of matching funds
    otherwise required under that section 4405 to an amount not greater
    than 10 percent of the total amount of the Federal funds obligated
    under this section only during 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 that declaration):  Provided
    further, That such match may be an in-kind contribution:  Provided
    further, That the Secretary of Agriculture may waive any maximum grant
    amount otherwise applicable to grants provided under this section:
    Provided further, That the Secretary of Agriculture may use such
    amounts to provide additional funding to ongoing grants provided under
    such Program before the date of enactment of this Act.

    SEC. 756. RESEARCH.

        There is appropriated, out of any funds in the Treasury not
    otherwise appropriated, $20,000,000 for fiscal year 2021 and each
    fiscal year thereafter for the Agricultural Research Service to address
    gaps in nutrition research at the critical intersections of responsive
    agriculture, quality food production, and human nutrition and health.

            CHAPTER 2--SUPPORT FOR DAIRY, LIVESTOCK, AND FARM STRESS

    SEC. 760. DEFINITIONS.

        In this chapter:
                (1) The term ``COVID-19'' means the disease caused by SARS-
            CoV-2, or any viral strain mutating therefrom with pandemic
            potential.
                (2) 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 that declaration).
                (3) The term ``Secretary'' means the Secretary of
            Agriculture.

    SEC. 761. SUPPLEMENTAL DAIRY MARGIN COVERAGE PAYMENTS.

        (a) In General.--The Secretary shall provide supplemental dairy
    margin coverage payments to participating eligible dairy operations
    described in subsection (b)(1) whenever the average actual dairy
    production margin (as defined in section 1401 of the Agricultural Act
    of 2014 (7 U.S.C. 9051)) for a month is less than the coverage level
    threshold selected by such eligible dairy operation under section 1406
    of that Act (7 U.S.C. 9056).
        (b) Eligible Dairy Operation Described.--
                (1) In general.--An eligible dairy operation described in
            this subsection is a dairy operation that--
                        (A) is located in the United States; and
                        (B) during a calendar year in which such dairy
                    operation is a participating dairy operation (as
                    defined in section 1401 of the Agricultural Act of 2014
                    (7 U.S.C. 9051)), has a production history established
                    under the dairy margin coverage program under section
                    1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) of
                    less than 5,000,000 pounds, as determined in accordance
                    with subsection (c) of such section 1405.
                (2) Limitation on eligibility.--An eligible dairy operation
            shall only be eligible for payments under this section during a
            calendar year in which such eligible dairy operation is
            enrolled in the dairy margin coverage (as defined in section
            1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)).
        (c) Supplemental Production History Calculation.--
                (1) In general.--For purposes of determining the
            supplemental production history of an eligible dairy operation
            under this section, such dairy operation's supplemental
            production history shall be equal to 75 percent of the amount
            described in paragraph (2) with respect to such dairy
            operation.
                (2) Amount.--The amount referred to in paragraph (1) is,
            with respect to an eligible dairy operation, the amount equal
            to--
                        (A) the production volume of such dairy operation
                    for the 2019 milk marketing year; minus
                        (B) the dairy margin coverage production history of
                    such dairy operation established under section 1405 of
                    the Agricultural Act of 2014 (7 U.S.C. 9055).
        (d) Coverage Percentage.--
                (1) In general.--For purposes of calculating payments to be
            issued under this section during a calendar year, an eligible
            dairy operation's coverage percentage shall be equal to the
            coverage percentage selected by such eligible dairy operation
            with respect to such calendar year under section 1406 of the
            Agricultural Act of 2014 (7 U.S.C. 9056).
                (2) 5 million pound limitation.--
                        (A) In general.--The Secretary shall not provide
                    supplemental dairy margin coverage on an eligible dairy
                    operation's actual production for a calendar year such
                    that the total covered production history of such dairy
                    operation exceeds 5,000,000 pounds.
                        (B) Determination of amount.--In calculating the
                    total covered production history of an eligible dairy
                    operation under subparagraph (A), the Secretary shall
                    multiply the coverage percentage selected by such
                    operation under section 1406 of the Agricultural Act of
                    2014 (7 U.S.C. 9056) by the sum of--
                                (i) the supplemental production history
                            calculated under subsection (c) with respect to
                            such dairy operation; and
                                (ii) the dairy margin coverage production
                            history described in subsection (c)(2)(B) with
                            respect to such dairy operation.
        (e) Premium Cost.--The premium cost for an eligible dairy operation
    under this section for a calendar year shall be equal to the product of
    multiplying--
                (1) the Tier I premium cost calculated with respect to such
            dairy operation for such year under section 1407(b) of the
            Agricultural Act of 2014 (7 U.S.C. 9057(b)); by
                (2) the supplemental production history with respect to
            such dairy operation calculated under subsection (c) (such that
            total covered production history does not exceed 5,000,000
            pounds).
        (f) Regulations.--Not later than 45 days after the date of the
    enactment of this section, the Secretary shall issue regulations to
    carry out this section.
        (g) Prohibition With Respect to Dairy Margin Coverage Enrollment.--
                (1) In general.--The Secretary may not reopen or otherwise
            provide a special enrollment for dairy margin coverage (as
            defined in section 1401 of the Agricultural Act of 2014 (7
            U.S.C. 9051)) for purposes of establishing eligibility for
            supplemental dairy margin coverage payments under this section.
                (2) Clarification with respect to supplemental dairy margin
            coverage payments.--The Secretary may open a special enrollment
            for supplemental dairy margin coverage under this section.
        (h) Application for Calendar Year 2021.--The Secretary shall make
    payments under this section to eligible dairy operations described in
    subsection (b)(1) for months after and including January, 2021.
        (i) Sunset.--The authority to make payments under this section
    shall terminate on December 31, 2023.
        (j) Funding.--There is appropriated, out of any funds in the
    Treasury not otherwise appropriated, to carry out this section such
    sums as necessary, to remain available until the date specified in
    subsection (i).

    SEC. 762. DAIRY DONATION PROGRAM.

        (a) Definitions.--In this section:
                (1) Eligible dairy organization.--The term ``eligible dairy
            organization'' has the meaning given the term in section
            1431(a) of the Agricultural Act of 2014 (7 U.S.C. 9071(a)).
                (2) Eligible dairy product.--The term ``eligible dairy
            product'' means a product primarily made from milk, including
            fluid milk, that is produced and processed in the United
            States.
                (3) Eligible distributor.--The term ``eligible
            distributor'' means a public or private nonprofit organization
            that distributes donated eligible dairy products to recipient
            individuals and families.
                (4) Eligible partnership.--The term ``eligible
            partnership'' means a partnership between an eligible dairy
            organization and an eligible distributor.
        (b) Establishment and Purposes.--Not later than 60 days after the
    date of enactment of this Act, the Secretary shall establish and
    administer a dairy donation program for the purposes of--
                (1) facilitating the timely donation of eligible dairy
            products; and
                (2) preventing and minimizing food waste.
        (c) Donation and Distribution Plans.--
                (1) In general.--To be eligible to receive reimbursement
            under subsection (d), an eligible partnership shall submit to
            the Secretary a donation and distribution plan that describes
            the process that the eligible partnership will use for the
            donation, processing, transportation, temporary storage, and
            distribution of eligible dairy products.
                (2) Review and approval.--
                        (A) In general.--Not later than 15 business days
                    after receiving a plan described in paragraph (1), the
                    Secretary shall--
                                (i) review that plan; and
                                (ii) issue an approval or disapproval of
                            that plan.
                        (B) Emergency and disaster-related
                    prioritization.--
                                (i) In general.--In receiving and reviewing
                            a donation and distribution plan submitted
                            under paragraph (1), the Secretary shall
                            determine whether an emergency or disaster was
                            a substantial factor in the submission,
                            including--
                                        (I) a declared or renewed public
                                    health emergency under section 319 of
                                    the Public Health Service Act (42
                                    U.S.C. 247d); and
                                        (II) a disaster designated by the
                                    Secretary.
                                (ii) Priority review.--On making an
                            affirmative determination under clause (i) with
                            respect to a donation and distribution plan
                            submitted under paragraph (1), the Secretary
                            shall give priority to the approval or
                            disapproval of that plan.
        (d) Reimbursement.--
                (1) In general.--On receipt of appropriate documentation
            under paragraph (3), the Secretary shall reimburse an eligible
            dairy organization that is a member of an eligible partnership
            for which the Secretary has approved a donation and
            distribution plan under subsection (c)(2)(A)(ii) at a rate
            equal to the product obtained by multiplying--
                        (A) the current reimbursement price described in
                    paragraph (2); and
                        (B) the volume of milk required to make the donated
                    eligible dairy product.
                (2) Reimbursement price.--The Secretary--
                        (A) shall set the reimbursement price referred to
                    in paragraph (1)(A) at a value that shall--
                                (i) be representative of the cost of the
                            milk required to make the donated eligible
                            dairy product;
                                (ii) be between the lowest and highest of
                            the class I, II, III, or IV milk prices on the
                            date of the production of the eligible dairy
                            product;
                                (iii) be sufficient to avoid food waste;
                            and
                                (iv) not interfere with the commercial
                            marketing of milk or dairy products;
                        (B) may set appropriate reimbursement prices under
                    subparagraph (A) for different eligible dairy products
                    by class and region for the purpose of--
                                (i) encouraging the donation of surplus
                            eligible dairy products;
                                (ii) facilitating the orderly marketing of
                            milk;
                                (iii) reducing volatility relating to
                            significant market disruptions;
                                (iv) maintaining traditional price
                            relationships between classes of milk; or
                                (v) stabilizing on-farm milk prices.
                (3) Documentation.--
                        (A) In general.--An eligible dairy organization
                    shall submit to the Secretary such documentation as the
                    Secretary may require to demonstrate--
                                (i) the production of the eligible dairy
                            product; and
                                (ii) the donation of the eligible dairy
                            product to an eligible distributor.
                        (B) Verification.--The Secretary may verify the
                    accuracy of documentation submitted under subparagraph
                    (A).
                (4) Retroactive reimbursement.--In providing reimbursements
            under paragraph (1), the Secretary may provide reimbursements
            for eligible dairy product costs incurred before the date on
            which the donation and distribution plan for the applicable
            participating partnership was approved by the Secretary under
            subsection (c)(2)(A)(ii).
                (5) Emergency and disaster-related prioritization.--In
            providing reimbursements under paragraph (1), the Secretary
            shall give priority to reimbursements to eligible dairy
            organizations covered by a donation and distribution plan for
            which the Secretary makes an affirmative determination under
            subsection (c)(2)(B)(i).
        (e) Prohibition on Resale of Products.--
                (1) In general.--An eligible distributor that receives
            eligible dairy products donated under this section may not sell
            the eligible dairy products into commercial markets.
                (2) Prohibition on future participation.--An eligible
            distributor that the Secretary determines has violated
            paragraph (1) shall not be eligible for any future
            participation in the program established under this section.
        (f) Reviews.--The Secretary shall conduct appropriate reviews or
    audits to ensure the integrity of the program established under this
    section.
        (g) Publication of Donation Activity.--The Secretary, acting
    through the Administrator of the Agricultural Marketing Service, shall
    publish on the publicly accessible website of the Agricultural
    Marketing Service periodic reports describing donation activity under
    this section.
        (h) Supplemental Reimbursements.--
                (1) In general.--The Secretary shall make a supplemental
            reimbursement to an eligible dairy organization that received a
            reimbursement under the milk donation program established under
            section 1431 of the Agricultural Act of 2014 (7 U.S.C. 9071)
            during the period beginning on January 1, 2020, and ending on
            the date on which amounts made available under subsection (i)
            are no longer available.
                (2) Reimbursement calculation.--A supplemental
            reimbursement described in paragraph (1) shall be an amount
            equal to--
                        (A) the reimbursement calculated under subsection
                    (d); minus
                        (B) the reimbursement under the milk donation
                    program described in paragraph (1).
        (i) Funding.--Out of any amounts of the Treasury not otherwise
    appropriated, there is appropriated to the Secretary to carry out this
    section $400,000,000, to remain available until expended.

    SEC. 763. ESTABLISHMENT OF TRUST FOR BENEFIT OF UNPAID CASH SELLERS OF
                  LIVESTOCK.

        The Packers and Stockyards Act, 1921, is amended by inserting after
    section 317 (7 U.S.C. 217a) the following new section:

    ``SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER.

        ``(a) Establishment.--
                ``(1) In general.--All livestock purchased by a dealer in
            cash sales and all inventories of, or receivables or proceeds
            from, such livestock shall be held by such dealer in trust for
            the benefit of all unpaid cash sellers of such livestock until
            full payment has been received by such unpaid cash sellers.
                ``(2) Exemption.--Any dealer whose average annual purchases
            of livestock do not exceed $100,000 shall be exempt from the
            provisions of this section.
                ``(3) Effect of dishonored instruments.--For purposes of
            determining full payment under paragraph (1), a payment to an
            unpaid cash seller shall not be considered to have been made if
            the unpaid cash seller receives a payment instrument that is
            dishonored.
        ``(b) Preservation of Trust.--An unpaid cash seller shall lose the
    benefit of a trust under subsection (a) if the unpaid cash seller has
    not preserved the trust by giving written notice to the dealer involved
    and filing such notice with the Secretary--
                ``(1) within 30 days of the final date for making a payment
            under section 409 in the event that a payment instrument has
            not been received; or
                ``(2) within 15 business days after the date on which the
            seller receives notice that the payment instrument promptly
            presented for payment has been dishonored.
        ``(c) Notice to Lien Holders.--When a dealer receives notice under
    subsection (b) of the unpaid cash seller's intent to preserve the
    benefits of the trust, the dealer shall, within 15 business days, give
    notice to all persons who have recorded a security interest in, or lien
    on, the livestock held in such trust.
        ``(d) Cash Sales Defined.--For the purpose of this section, a cash
    sale means a sale in which the seller does not expressly extend credit
    to the buyer.
        ``(e) Purchase of Livestock Subject to Trust.--
                ``(1) In general.--A person purchasing livestock subject to
            a dealer trust shall receive good title to the livestock if the
            person receives the livestock--
                        ``(A) in exchange for payment of new value; and
                        ``(B) in good faith without notice that the
                    transfer is a breach of trust.
                ``(2) Dishonored payment instrument.--Payment shall not be
            considered to have been made if a payment instrument given in
            exchange for the livestock is dishonored.
                ``(3) Transfer in satisfaction of antecedent debt.--A
            transfer of livestock subject to a dealer trust is not for
            value if the transfer is in satisfaction of an antecedent debt
            or to a secured party pursuant to a security agreement.
        ``(f) Enforcement.--Whenever the Secretary has reason to believe
    that a dealer subject to this section has failed to perform the duties
    required by this section or whenever the Secretary has reason to
    believe that it will be in the best interest of unpaid cash sellers,
    the Secretary shall do one or more of the following--
                ``(1) appoint an independent trustee to carry out the
            duties required by this section, preserve trust assets, and
            enforce the trust;
                ``(2) serve as independent trustee, preserve trust assets,
            and enforce the trust; or
                ``(3) file suit in the United States district court for the
            district in which the dealer resides to enjoin the dealer's
            failure to perform the duties required by this section,
            preserve trust assets, and to enforce the trust. Attorneys
            employed by the Secretary may, with the approval of the
            Attorney General, represent the Secretary in any such suit.
            Nothing herein shall preclude unpaid sellers from filing suit
            to preserve or enforce the trust.''.

    SEC. 764. GRANTS FOR IMPROVEMENTS TO MEAT AND POULTRY FACILITIES TO
                  ALLOW FOR INTERSTATE SHIPMENT.

        (a) In General.--The Secretary shall make grants to meat and
    poultry slaughter and processing facilities described in subsection (b)
    (including such facilities operating under State inspection or such
    facilities that are exempt from Federal inspection) to assist such
    facilities with respect to costs incurred in making improvements to
    such facilities and carrying out other planning activities necessary--
                (1) to obtain a Federal grant of inspection under the
            Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the
            Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as
            applicable; or
                (2) to operate as a State-inspected facility that is
            compliant with--
                        (A) the Federal Meat Inspection Act (21 U.S.C. 601
                    et seq.) under the cooperative interstate shipment
                    program established under section 501 of that Act (21
                    U.S.C. 683); or
                        (B) the Poultry Products Inspection Act (21 U.S.C.
                    451 et seq.) under the cooperative interstate shipment
                    program established under section 31 of that Act (21
                    U.S.C. 472).
        (b) Eligible Facilities.--To be eligible for a grant under this
    section, a meat or poultry slaughter or processing facility shall be--
                (1) in operation as of the date on which the facility
            submits to the Secretary an application for the grant; and
                (2) seeking--
                        (A) to obtain a Federal grant of inspection
                    described in subsection (a)(1); or
                        (B) to be eligible for inspection under a
                    cooperative interstate shipment program described in
                    subparagraph (A) or (B), as applicable, of subsection
                    (a)(2), in a State that participates in that program.
        (c) Eligible Activities.--A facility that receives a grant under
    this section may use the grant amount for--
                (1) the modernization or expansion of existing facilities;
                (2) the modernization of equipment;
                (3) compliance with packaging and labeling requirements
            under applicable law;
                (4) compliance with safety requirements under applicable
            law;
                (5) the development of processes to ensure food safety; and
                (6) such other purposes as the Secretary determines to be
            appropriate.
        (d) Grant Requirements.--
                (1) Amount.--The amount of a grant under this section shall
            not exceed $200,000.
                (2) Condition.--As a condition of receiving a grant under
            this section, a grant recipient shall agree that the grant
            recipient shall make a payment (or payments) to the Secretary
            in an amount equal to the amount of the grant if the recipient,
            within 36 months of receiving such grant--
                        (A) as applicable--
                                (i) is not subject to inspection under the
                            Federal Meat Inspection Act (21 U.S.C. 601 et
                            seq.) or the Poultry Products Inspection Act
                            (21 U.S.C. 451 et seq.), as applicable; or
                                (ii) is not eligible for inspection under a
                            cooperative interstate shipment program
                            described in subparagraph (A) or (B), as
                            applicable, of subsection (a)(2); or
                        (B) is not making a good faith effort to be subject
                    to such inspection or to be eligible under such a
                    cooperative interstate shipment program, as applicable.
                (3) Matching funds.--
                        (A) In general.--The Secretary shall require a
                    recipient of a grant under this section to provide
                    matching non-Federal funds in an amount equal to the
                    amount of the grant.
                        (B) Exception.--The Secretary shall not require any
                    recipient of a grant under this section to provide
                    matching funds with respect to a grant awarded in
                    fiscal year 2021.
        (e) Reports.--
                (1) Reports on grants made.--Beginning not later than 1
            year after the date on which the first grant is awarded under
            this section, and continuing annually thereafter through the
            year that is 10 years after the date on which the final grant
            is awarded under this section, the Secretary shall submit to
            the Committee on Agriculture and the Committee on
            Appropriations of the House of Representatives and the
            Committee on Agriculture, Nutrition, and Forestry and the
            Committee on Appropriations of the Senate a report on grants
            made under this section, including--
                        (A) any facilities that used a grant awarded under
                    this section to carry out eligible activities described
                    in subsection (c) during the year covered by the
                    report; and
                        (B) the operational status of facilities that were
                    awarded grants under this section.
                (2) Report on the cooperative interstate shipment
            program.--Beginning not later than 1 year after the date of the
            enactment of this section, the Secretary shall submit to the
            Committee on Agriculture and the Committee on Appropriations of
            the House of Representatives and the Committee on Agriculture,
            Nutrition, and Forestry and the Committee on Appropriations of
            the Senate a report describing any recommendations, developed
            in consultation with all States, for possible improvements to
            the cooperative interstate shipment programs under section 501
            of the Federal Meat Inspection Act (21 U.S.C. 683) and section
            31 of the Poultry Products Inspection Act (21 U.S.C. 472).
        (f) Funding.--Of the funds of the Treasury not otherwise
    appropriated, there is appropriated to carry out this section
    $60,000,000 for the period of fiscal years 2021 through 2023, to remain
    available until expended.

    SEC. 765. MEAT AND POULTRY PROCESSING STUDY AND REPORT.

        (a) Study and Report on Financial Assistance Availability.--
                (1) Study required.--The Secretary shall conduct a study on
            the availability and effectiveness of--
                        (A) Federal loan programs, Federal loan guarantee
                    programs, and grant programs for which--
                                (i) facilities that slaughter or otherwise
                            process meat and poultry in the United States,
                            which are in operation and subject to
                            inspection under the Federal Meat Inspection
                            Act (21 U.S.C. 601 et seq.) or the Poultry
                            Products Inspection Act (21 U.S.C. 451 et
                            seq.), as of the date of the enactment of this
                            section, and
                                (ii) entities seeking to establish such a
                            facility in the United States,
                    may be eligible; and
                        (B) Federal grant programs intended to support--
                                (i) business activities relating to
                            increasing the slaughter or processing capacity
                            in the United States; and
                                (ii) feasibility or marketing studies on
                            the practicality and viability of specific new
                            or expanded projects to support additional
                            slaughter or processing capacity in the United
                            States.
                (2) Report to congress.--Not later than 60 days after the
            date of the enactment of this section, the Secretary, in
            consultation with applicable Federal agencies, shall submit a
            report to the Committee on Agriculture of the House of
            Representatives and the Committee on Agriculture, Nutrition,
            and Forestry of the Senate that includes the results of the
            study required under paragraph (1).
                (3) Publication.--Not later than 90 days after the date of
            the enactment of this section, the Secretary shall make
            publicly available on the website of the Food Safety and
            Inspection Service of the Department of Agriculture a list of
            each loan program, loan guarantee program, and grant program
            identified under paragraph (1).
        (b) Funding.--There is appropriated, out of the funds of the
    Treasury not otherwise appropriated, $2,000,000 to carry out this
    section.

    SEC. 766. SUPPORT FOR FARM STRESS PROGRAMS.

        (a) In General.--The Secretary shall make grants to State
    departments of agriculture (or such equivalent department) to expand or
    sustain stress assistance programs for individuals who are engaged in
    farming, ranching, and other agriculture-related occupations,
    including--
                (1) programs that meet the criteria specified in section
            7522(b)(1) of the Food, Conservation, and Energy Act of 2008 (7
            U.S.C. 5936(b)(1)); and
                (2) any State initiatives carried out as of the date of the
            enactment of this Act that provide stress assistance for such
            individuals.
        (b) Grant Timing and Amount.--In making grants under subsection
    (a), not later than 60 days after the date of the enactment of this Act
    and subject to subsection (c), the Secretary shall--
                (1) make awards to States submitting State plans that meet
            the criteria specified in paragraph (1) of such subsection
            within the time period specified by the Secretary; and
                (2) of the amounts made available under subsection (f),
            allocate among such States, an amount to be determined by the
            Secretary, which in no case may exceed $500,000 for each State.
        (c) State Plan.--
                (1) In general.--A State department of agriculture seeking
            a grant under subsection (a) shall submit to the Secretary a
            State plan to expand or sustain stress assistance programs
            described in that subsection that includes--
                        (A) a description of each activity and the
                    estimated amount of funding to support each program and
                    activity carried out through such a program;
                        (B) an estimated timeline for the operation of each
                    such program and activity;
                        (C) the total amount of funding sought; and
                        (D) an assurance that the State department of
                    agriculture will comply with the reporting requirement
                    under subsection (e).
                (2) Guidance.--Not later than 20 days after the date of the
            enactment of this Act, the Secretary shall issue guidance for
            States with respect to the submission of a State plan under
            paragraph (1) and the allocation criteria under subsection (b).
                (3) Reallocation.--If, after the first grants are awarded
            pursuant to allocation under subsection (b), any funds made
            available under subsection (f) to carry out this subsection
            remain unobligated, the Secretary shall--
                        (A) inform States that submit plans as described in
                    subsection (b), of such availability; and
                        (B) reallocate such funds among such States, as the
                    Secretary determines to be appropriate and equitable.
        (d) Collaboration.--The Secretary may issue guidance to encourage
    State departments of agriculture to use funds provided under this
    section to support programs described in subsection (a) that are
    operated by--
                (1) Indian tribes (as defined in section 4 of the Indian
            Self-Determination and Education Assistance Act (25 U.S.C.
            5304));
                (2) State cooperative extension services; and
                (3) nongovernmental organizations.
        (e) Reporting.--Not later than 180 days after the COVID-19 public
    health emergency ends, each State receiving additional grants under
    subsection (b) shall submit a report to the Secretary describing--
                (1) the activities conducted using such funds;
                (2) the amount of funds used to support each such activity;
            and
                (3) the estimated number of individuals served by each such
            activity.
        (f) Funding.--Out of the funds of the Treasury not otherwise
    appropriated, there is appropriated to carry out this section
    $28,000,000, to remain available until expended.
        (g) State Defined.--In this section, the term ``State'' means--
                (1) a State;
                (2) the District of Columbia;
                (3) the Commonwealth of Puerto Rico; and
                (4) any other territory or possession of the United States.

                    TITLE VIII--UNITED STATES POSTAL SERVICE

    SEC. 801. COVID-19 FUNDING FOR THE UNITED STATES POSTAL SERVICE.

        Section 6001 of the CARES Act (39 U.S.C. 101 note; Public Law 116-
    136) is amended--
                (1) in the section heading, by striking ``borrowing
            authority'' and inserting ``funding'';
                (2) by redesignating subsection (c) as subsection (d); and
                (3) by inserting after subsection (b) the following:
        ``(c) No Repayment Required.--Notwithstanding any other provision
    of law, including subsection (b) of this section, or any agreement
    entered into between the Secretary of the Treasury and the Postal
    Service under that subsection, the Postal Service shall not be required
    to repay the amounts borrowed under that subsection.''.

    SEC. 802. TEMPORARY ACCEPTANCE OF CERTAIN LOW-RISK POSTAL SHIPMENTS.

        Section 343(a)(3)(K)(vii) of the Trade Act of 2002 (19 U.S.C.
    1415(a)(3)(K)(vii)) is amended--
                (1) in subclause (I), by striking ``subclause (II)'' and
            inserting ``subclause (II) or (III)''; and
                (2) by adding at the end the following:
                        ``(III) Notwithstanding subclause (I), during the
                    period beginning on January 1, 2021, through March 15,
                    2021, the Postmaster General may accept a shipment
                    without transmission of the information described in
                    paragraphs (1) and (2) if the Commissioner determines,
                    or concurs with the determination of the Postmaster
                    General, that the shipment presents a low risk of
                    violating any relevant United States statutes or
                    regulations, including statutes or regulations relating
                    to the importation of controlled substances such as
                    fentanyl and other synthetic opioids.''.

                  TITLE IX--BROADBAND INTERNET ACCESS SERVICE

    SEC. 901. AMENDMENTS TO THE SECURE AND TRUSTED COMMUNICATIONS NETWORK
                  REIMBURSEMENT PROGRAM.

        The Secure and Trusted Communications Networks Act of 2019 (47
    U.S.C. 1601 et seq.) is amended--
                (1) in section 4 (47 U.S.C. 1603)--
                        (A) in subsection (b)(1), by striking ``2,000,000''
                    and inserting ``10,000,000'';
                        (B) in subsection (c)--
                                (i) in paragraph (1)(A)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``before'';
                                        (II) by amending clause (i) to read
                                    as follows:
                                ``(i) as defined in the Report and Order of
                            the Commission in the matter of Protecting
                            Against National Security Threats to the
                            Communications Supply Chain Through FCC
                            Programs (FCC 19-121; WC Docket No. 18-89;
                            adopted November 22, 2019) (in this section
                            referred to as the `Report and Order'); or'';
                            and
                                        (III) by amending clause (ii) to
                                    read as follows:
                                ``(ii) as determined to be covered by both
                            the process of the Report and Order and the
                            Designation Orders of the Commission on June
                            30, 2020 (DA 20-690; PS Docket No. 19-351;
                            adopted June 30, 2020) (DA 20-691; PS Docket
                            No. 19-352; adopted June 30, 2020) (in this
                            section collectively referred to as the
                            `Designation Orders');''; and
                                (ii) in paragraph (2)(A), by amending
                            clauses (i) and (ii) to read as follows:
                                ``(i) publication of the Report and Order;
                            or
                                ``(ii) in the case of covered
                            communications equipment that only became
                            covered pursuant to the Designation Orders,
                            June 30, 2020; or'';
                        (C) in subsection (d)(5)--
                                (i) in subparagraph (A), by striking ``The
                            Commission'' and inserting ``Subject to
                            subparagraph (C), the Commission''; and
                                (ii) by adding at the end the following:
                        ``(C) Priority for allocation.--On and after the
                    date of enactment of this subparagraph, the Commission
                    shall allocate sufficient reimbursement funds--
                                ``(i) first, to approved applicants that
                            have 2,000,000 or fewer customers, for removal
                            and replacement of covered communications
                            equipment, as defined in section 9 or as
                            designated by the process set forth in the
                            Report and Order;
                                ``(ii) after funds have been allocated to
                            all applicants described in clause (i), to
                            approved applicants that are accredited public
                            or private non-commercial educational
                            institutions providing their own facilities-
                            based educational broadband service, as defined
                            in section 27.4 of title 47, Code of Federal
                            Regulations, or any successor regulation, for
                            removal and replacement of covered
                            communications equipment, as defined in section
                            9 or as designated by the process set forth in
                            the Report and Order; and
                                ``(iii) after funds have been allocated to
                            all applicants described in clause (ii), to any
                            remaining approved applicants determined to be
                            eligible for reimbursement under the
                            Program.''; and
                        (D) by adding at the end the following:
        ``(k) Limitation.--In carrying out this section, the Commission may
    not expend more than $1,900,000,000.''; and
                (2) in section 9 (47 U.S.C. 1608), by amending paragraph
            (10) to read as follows:
                ``(10) Provider of advanced communications service.--The
            term `provider of advanced communications service'--
                        ``(A) means a person who provides advanced
                    communications service to United States customers; and
                        ``(B) includes--
                                ``(i) accredited public or private
                            noncommercial educational institutions,
                            providing their own facilities-based
                            educational broadband service, as defined in
                            section 27.4 of title 47, Code of Federal
                            Regulations, or any successor regulation; and
                                ``(ii) health care providers and libraries
                            providing advanced communications service.''.

    SEC. 902. CONNECTING MINORITY COMMUNITIES.

        (a) Definitions.--In this section:
                (1) Anchor community.--
                        (A) In general.--The term ``anchor community''
                    means any area that--
                                (i) except as provided in subparagraph (B),
                            is not more than 15 miles from a historically
                            Black college or university, a Tribal College
                            or University, or a Minority-serving
                            institution; and
                                (ii) has an estimated median annual
                            household income of not more than 250 percent
                            of the poverty line, as that term is defined in
                            section 673(2) of the Community Services Block
                            Grant Act (42 U.S.C. 9902(2)).
                        (B) Certain tribal colleges or universities.--With
                    respect to a Tribal College or University that is
                    located on land held in trust by the United States, the
                    Assistant Secretary, in consultation with the Secretary
                    of the Interior, may establish a different maximum
                    distance for the purposes of subparagraph (A)(i) if the
                    Assistant Secretary is able to ensure that, in
                    establishing that different maximum distance, each
                    anchor community that is established as a result of
                    that action is statistically comparable to other anchor
                    communities described in subparagraph (A).
                (2) Assistant secretary.--The term ``Assistant Secretary''
            means the Assistant Secretary of Commerce for Communications
            and Information.
                (3) Broadband internet access service.--The term
            ``broadband internet access service'' has the meaning given the
            term in section 8.1(b) of title 47, Code of Federal
            Regulations, or any successor regulation.
                (4) Commission.--The term ``Commission'' means the Federal
            Communications Commission.
                (5) Connected device.--The term ``connected device'' means
            a laptop computer, tablet computer, or similar device that is
            capable of connecting to broadband internet access service.
                (6) Director.--The term ``Director'' means the Director of
            the Office.
                (7) Eligible equipment.--The term ``eligible equipment''
            means--
                        (A) a Wi-Fi hotspot;
                        (B) a modem;
                        (C) a router;
                        (D) a device that combines a modem and router;
                        (E) a connected device; or
                        (F) any other equipment used to provide access to
                    broadband internet access service.
                (8) Eligible recipient.--The term ``eligible recipient''
            means--
                        (A) a historically Black college or university;
                        (B) a Tribal College or University;
                        (C) a Minority-serving institution; or
                        (D) a consortium that is led by a historically
                    Black college or university, a Tribal College or
                    University, or a Minority-serving institution and that
                    also includes--
                                (i) a minority business enterprise; or
                                (ii) 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.
                (9) Historically black college or university.--The term
            ``historically Black college or university'' has the meaning
            given the term ``part B institution'' in section 322 of the
            Higher Education Act of 1965 (20 U.S.C. 1061).
                (10) Minority-serving institution.--The term ``Minority-
            serving institution'' means any of the following:
                        (A) An Alaska Native-serving institution, as that
                    term is defined in section 317(b) of the Higher
                    Education Act of 1965 (20 U.S.C. 1059d(b)).
                        (B) A Native Hawaiian-serving institution, as that
                    term is defined in section 317(b) of the Higher
                    Education Act of 1965 (20 U.S.C. 1059d(b)).
                        (C) A Hispanic-serving institution, as that term is
                    defined in section 502(a) of the Higher Education Act
                    of 1965 (20 U.S.C. 1101a(a)).
                        (D) A Predominantly Black institution, as that term
                    is defined in section 371(c) of the Higher Education
                    Act of 1965 (20 U.S.C. 1067q(c)).
                        (E) An Asian American and Native American Pacific
                    Islander-serving institution, as that term is defined
                    in section 320(b) of the Higher Education Act of 1965
                    (20 U.S.C. 1059g(b)).
                        (F) A Native American-serving, nontribal
                    institution, as that term is defined in section 319(b)
                    of the Higher Education Act of 1965 (20 U.S.C.
                    1059f(b)).
                (11) Minority business enterprise.--The term ``minority
            business enterprise'' has the meaning given the term in section
            1400.2 of title 15, Code of Federal Regulations, or any
            successor regulation.
                (12) Office.--The term ``Office'' means the Office of
            Minority Broadband Initiatives established pursuant to
            subsection (b)(1).
                (13) Pilot program.--The term ``Pilot Program'' means the
            Connecting Minority Communities Pilot Program established under
            the rules promulgated by the Assistant Secretary under
            subsection (c)(1).
                (14) Tribal college or university.--The term ``Tribal
            College or University'' has the meaning given the term in
            section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
            1059c(b)).
                (15) Wi-fi.--The term ``Wi-Fi'' means a wireless networking
            protocol based on Institute of Electrical and Electronics
            Engineers standard 802.11, or any successor standard.
                (16) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a
            device that is capable of--
                        (A) receiving broadband internet access service;
                    and
                        (B) sharing broadband internet access service with
                    another device through the use of Wi-Fi.
        (b) Office of Minority Broadband Initiatives.--
                (1) Establishment.--Not later than 180 days after the date
            of enactment of this Act, the Assistant Secretary shall
            establish within the National Telecommunications and
            Information Administration the Office of Minority Broadband
            Initiatives.
                (2) Director.--The Office shall be headed by the Director
            of the Office of Minority Broadband Initiatives, who shall be
            appointed by the Assistant Secretary.
                (3) Duties.--The Office, acting through the Director,
            shall--
                        (A) collaborate with Federal agencies that carry
                    out broadband internet access service support programs
                    to determine how to expand access to broadband internet
                    access service and other digital opportunities in
                    anchor communities;
                        (B) collaborate with State, local, and Tribal
                    governments, historically Black colleges or
                    universities, Tribal Colleges or Universities,
                    Minority-serving institutions, and stakeholders in the
                    communications, education, business, and technology
                    fields to--
                                (i) promote--
                                        (I) initiatives relating to
                                    broadband internet access service
                                    connectivity for anchor communities;
                                    and
                                        (II) digital opportunities for
                                    anchor communities;
                                (ii) develop recommendations to promote the
                            rapid, expanded deployment of broadband
                            internet access service to unserved
                            historically Black colleges or universities,
                            Tribal Colleges or Universities, Minority-
                            serving institutions, and anchor communities,
                            including to--
                                        (I) students, faculty, and staff of
                                    historically Black colleges or
                                    universities, Tribal Colleges or
                                    Universities, and Minority-serving
                                    institutions; and
                                        (II) senior citizens and veterans
                                    who live in anchor communities;
                                (iii) promote activities that would
                            accelerate the adoption of broadband internet
                            access service (including any associated
                            equipment or personnel necessary to access and
                            use that service, such as modems, routers,
                            devices that combine a modem and a router, Wi-
                            Fi hotspots, and connected devices)--
                                        (I) by students, faculty, and staff
                                    of historically Black colleges or
                                    universities, Tribal Colleges or
                                    Universities, and Minority-serving
                                    institutions; and
                                        (II) within anchor communities;
                                (iv) upon request, provide assistance to
                            historically Black colleges or universities,
                            Tribal Colleges or Universities, Minority-
                            serving institutions, and leaders from anchor
                            communities with respect to navigating Federal
                            programs dealing with broadband internet access
                            service;
                                (v) promote digital literacy skills,
                            including by providing opportunities for
                            virtual or in-person digital literacy training
                            and education;
                                (vi) promote professional development
                            opportunity partnerships between industry and
                            historically Black colleges or universities,
                            Tribal Colleges or Universities, and Minority-
                            serving institutions to help ensure that
                            information technology personnel and students
                            of historically Black colleges or universities,
                            Tribal Colleges or Universities, and Minority-
                            serving institutions have the skills needed to
                            work with new and emerging technologies with
                            respect to broadband internet access service;
                            and
                                (vii) explore how to leverage investment in
                            infrastructure with respect to broadband
                            internet access service to--
                                        (I) expand connectivity with
                                    respect to that service in anchor
                                    communities and by students, faculty,
                                    and staff of historically Black
                                    colleges or universities, Tribal
                                    Colleges or Universities, and Minority-
                                    serving institutions;
                                        (II) encourage investment in
                                    communities that have been designated
                                    as qualified opportunity zones under
                                    section 1400Z-1 of the Internal Revenue
                                    Code of 1986; and
                                        (III) serve as a catalyst for
                                    adoption of that service, so as to
                                    promote job growth and economic
                                    development and deployment of advanced
                                    technologies; and
                        (C) assume any functions carried out under the
                    Minority Broadband Initiative of the National
                    Telecommunications and Information Administration, as
                    of the day before the date of enactment of this Act.
                (4) Reports.--
                        (A) In general.--Not later than 1 year after the
                    date on which the Assistant Secretary establishes the
                    Office under paragraph (1), and annually thereafter,
                    the Assistant Secretary shall submit to the Committee
                    on Commerce, Science, and Transportation of the Senate
                    and the Committee on Energy and Commerce of the House
                    of Representatives a report that--
                                (i) for the year covered by the report,
                            details the work of the Office in expanding
                            access to fixed and mobile broadband internet
                            access service--
                                        (I) at historically Black colleges
                                    or universities, Tribal Colleges or
                                    Universities, and Minority-serving
                                    institutions, including by expanding
                                    that access to students, faculty, and
                                    staff of historically Black colleges or
                                    universities, Tribal Colleges or
                                    Universities, and Minority-serving
                                    institutions; and
                                        (II) within anchor communities; and
                                (ii) identifies barriers to providing
                            access to broadband internet access service--
                                        (I) at historically Black colleges
                                    or universities, Tribal Colleges or
                                    Universities, and Minority-serving
                                    institutions, including to students,
                                    faculty, and staff of historically
                                    Black colleges or universities, Tribal
                                    Colleges or Universities, and Minority-
                                    serving institutions; and
                                        (II) within anchor communities.
                        (B) Public availability.--Not later than 30 days
                    after the date on which the Assistant Secretary submits
                    a report under subparagraph (A), the Assistant
                    Secretary shall, to the extent feasible, make that
                    report publicly available.
        (c) Connecting Minority Communities Pilot Program.--
                (1) Rules required.--
                        (A) In general.--Not later than 45 days after the
                    date of enactment of this Act, the Assistant Secretary
                    shall promulgate rules establishing the Connecting
                    Minority Communities Pilot Program, the purpose of
                    which shall be to provide grants to eligible recipients
                    in anchor communities for the purchase of broadband
                    internet access service or any eligible equipment, or
                    to hire and train information technology personnel--
                                (i) in the case of an eligible recipient
                            described in subparagraph (A), (B), or (C) of
                            subsection (a)(8), to facilitate educational
                            instruction and learning, including through
                            remote instruction;
                                (ii) in the case of an eligible recipient
                            described in subsection (a)(8)(D)(i), to
                            operate the minority business enterprise; or
                                (iii) in the case of an eligible recipient
                            described in subsection (a)(8)(D)(ii), to
                            operate the organization.
                        (B) Content.--The rules promulgated under
                    subparagraph (A) shall--
                                (i) establish a method for identifying
                            which eligible recipients in anchor communities
                            have the greatest unmet financial needs;
                                (ii) ensure that grants under the Pilot
                            Program are made--
                                        (I) to eligible recipients
                                    identified under the method established
                                    under clause (i); and
                                        (II) in a manner that best achieves
                                    the purposes of the Pilot Program;
                                (iii) require that an eligible recipient
                            described in subparagraph (A), (B), or (C) of
                            subsection (a)(8) that receives a grant to
                            provide broadband internet access service or
                            eligible equipment to students prioritizes
                            students who--
                                        (I) are eligible to receive a
                                    Federal Pell Grant under section 401 of
                                    the Higher Education Act of 1965 (20
                                    U.S.C. 1070a);
                                        (II) are recipients of any other
                                    need-based financial aid from the
                                    Federal Government, a State, or that
                                    eligible recipient;
                                        (III) are qualifying low-income
                                    consumers for the purposes of the
                                    program carried out under subpart E of
                                    part 54 of title 47, Code of Federal
                                    Regulations, or any successor
                                    regulations;
                                        (IV) are low-income individuals, as
                                    that term is defined in section 312(g)
                                    of the Higher Education Act of 1965 (20
                                    U.S.C. 1058(g)); or
                                        (V) have been approved to receive
                                    unemployment insurance benefits under
                                    any Federal or State law since March 1,
                                    2020;
                                (iv) provide that a recipient of a grant
                            under the Pilot Program--
                                        (I) shall use eligible equipment
                                    for a purpose that the recipient
                                    considers to be appropriate, subject to
                                    any restriction provided in those rules
                                    (or any successor rules);
                                        (II) if the recipient lends, or
                                    otherwise provides, eligible equipment
                                    to students or patrons, shall
                                    prioritize lending or providing to such
                                    individuals that the recipient believes
                                    do not have access to that equipment,
                                    subject to any restriction provided in
                                    those rules (or any successor rules);
                                    and
                                        (III) may not sell or otherwise
                                    transfer eligible equipment in exchange
                                    for any thing (including a service) of
                                    value;
                                (v) include audit requirements that--
                                        (I) ensure that a recipient of a
                                    grant made under the Pilot Program uses
                                    grant funds in compliance with the
                                    requirements of this section and the
                                    overall purpose of the Pilot Program;
                                    and
                                        (II) prevent waste, fraud, and
                                    abuse in the operation of the Pilot
                                    Program;
                                (vi) provide that not less than 40 percent
                            of the amount of the grants made under the
                            Pilot Program are made to Historically Black
                            colleges or universities; and
                                (vii) provide that not less than 20 percent
                            of the amount of the grants made under the
                            Pilot Program are made to eligible recipients
                            described in subparagraphs (A), (B), and (C) of
                            subsection (a)(8) to provide broadband internet
                            access service or eligible equipment to
                            students of those eligible recipients.
                (2) Fund.--
                        (A) Establishment.--There is established in the
                    Treasury of the United States a fund to be known as the
                    Connecting Minority Communities Fund.
                        (B) Use of fund.--Amounts in the Connecting
                    Minority Communities Fund established under
                    subparagraph (A) shall be available to the Assistant
                    Secretary to provide support under the rules
                    promulgated under paragraph (1).
                (3) Interagency coordination.--When making grants under the
            Pilot Program, the Assistant Secretary shall coordinate with
            other Federal agencies, including the Commission, the National
            Science Foundation, and the Department of Education, to ensure
            the efficient expenditure of Federal funds, including by
            preventing multiple expenditures of Federal funds for the same
            purpose.
                (4) Audits.--
                        (A) In general.--For each of fiscal years 2021 and
                    2022, the Inspector General of the Department of
                    Commerce shall conduct an audit of the Pilot Program
                    according to the requirements established under
                    paragraph (1)(B)(v).
                        (B) Report.--After completing each audit conducted
                    under subparagraph (A), the Inspector General of the
                    Department of Commerce shall submit to the Committee on
                    Commerce, Science, and Transportation of the Senate and
                    the Committee on Energy and Commerce of the House of
                    Representatives a report that details the findings of
                    the audit.
                (5) Direct appropriation.--There is appropriated, out of
            amounts in the Treasury not otherwise appropriated, for the
            fiscal year ending September 30, 2021, to remain available
            until expended, $285,000,000 to the Connecting Minority
            Communities Fund established under paragraph (2).
                (6) Termination.--Except with respect to the report
            required under paragraph (7) and the authority of the Secretary
            of Commerce and the Inspector General of the Department of
            Commerce described in paragraph (8), the Pilot Program,
            including all reporting requirements under this section, shall
            terminate on the date on which the amounts made available to
            carry out the Pilot Program are fully expended.
                (7) Report.--Not later than 90 days after the date on which
            the Pilot Program terminates under paragraph (6), the Assistant
            Secretary, after consulting with eligible recipients that
            received grants under the Pilot Program, shall submit to the
            Committee on Commerce, Science, and Transportation of the
            Senate and the Committee on Energy and Commerce of the House of
            Representatives a report that--
                        (A) describes the manner in which the Pilot Program
                    was carried out;
                        (B) identifies each eligible recipient that
                    received a grant under the Pilot Program; and
                        (C) contains information regarding the
                    effectiveness of the Pilot Program, including lessons
                    learned in carrying out the Pilot Program and
                    recommendations for future action.
                (8) Savings provision.--The termination of the Pilot
            Program under paragraph (6) shall not limit, alter, or affect
            the ability of the Secretary of Commerce or the Inspector
            General of the Department of Commerce to--
                        (A) investigate waste, fraud, and abuse with
                    respect to the Pilot Program; or
                        (B) recover funds that are misused under the Pilot
                    Program.

    SEC. 903. FCC COVID-19 TELEHEALTH PROGRAM.

        (a) Definitions.--In this section--
                (1) the term ``appropriate congressional committees''
            means--
                        (A) the Committee on Commerce, Science, and
                    Transportation of the Senate; and
                        (B) the Committee on Energy and Commerce of the
                    House of Representatives;
                (2) the term ``Commission'' means the Federal
            Communications Commission; and
                (3) the term ``COVID-19 Telehealth Program'' or ``Program''
            means the COVID-19 Telehealth Program established by the
            Commission under the authority provided under the heading
            ``salaries and expenses'' under the heading ``Federal
            Communications Commission'' under the heading ``INDEPENDENT
            AGENCIES'' in title V of division B of the CARES Act (Public
            Law 116-136; 134 Stat. 531).
        (b) Additional Appropriation.--Out of amounts in the Treasury not
    otherwise appropriated, there is appropriated $249,950,000 in
    additional funds for the COVID-19 Telehealth Program, of which $50,000
    shall be transferred by the Commission to the Inspector General of the
    Commission for oversight of the COVID-19 Telehealth Program.
        (c) Administrative Provisions.--
                (1) Evaluation of applications.--
                        (A) Public notice.--Not later than 10 days after
                    the date of enactment of this Act, the Commission shall
                    issue a Public Notice establishing a 10-day period
                    during which the Commission will seek comments on--
                                (i) the metrics the Commission should use
                            to evaluate applications for funding under this
                            section; and
                                (ii) how the Commission should treat
                            applications filed during the funding rounds
                            for awards from the COVID-19 Telehealth Program
                            using amounts appropriated under the CARES Act
                            (Public Law 116-36; 134 Stat. 281).
                        (B) Congressional notice.--After the end of the
                    comment period under subparagraph (A), and not later
                    than 15 days before the Commission first commits funds
                    under this section, the Commission shall provide notice
                    to the appropriate congressional committees of the
                    metrics the Commission plans to use to evaluate
                    applications for those funds.
                (2) Equitable distribution.--To the extent feasible, the
            Commission shall ensure, in providing assistance under the
            COVID-19 Telehealth Program from amounts made available under
            subsection (b), that not less than 1 applicant in each of the
            50 States and the District of Columbia has received funding
            from the Program since the inception of the Program, unless
            there is no such applicant eligible for such assistance in a
            State or in the District of Columbia, as the case may be.
                (3) Previous applicants.--The Commission shall allow an
            applicant who filed an application during the funding rounds
            for awards from the COVID-19 Telehealth Program using amounts
            appropriated under the CARES Act (Public Law 116-36; 134 Stat.
            281) the opportunity to update or amend that application as
            necessary.
                (4) Information.--To the extent feasible, the Commission
            shall provide each applicant for funding from the COVID-19
            Telehealth Program, if requested, with--
                        (A) information on the status of the application;
                    and
                        (B) a rationale for the final funding decision for
                    the application, after making that decision.
                (5) Denial.--If the Commission chooses to deny an
            application for funding from the COVID-19 Telehealth Program,
            the Commission shall--
                        (A) issue notice to the applicant of the intent of
                    the Commission to deny the application and the grounds
                    for that decision;
                        (B) provide the applicant with 10 days to submit
                    any supplementary information that the applicant
                    determines relevant; and
                        (C) consider any supplementary information
                    submitted under subparagraph (B) in making any final
                    decision with respect to the application.
        (d) Report to Congress.--Not later than 90 days after the date of
    enactment of this Act, and every 30 days thereafter until all funds
    made available under this section have been expended, the Commission
    shall submit to the appropriate congressional committees a report on
    the distribution of funds appropriated for the COVID-19 Telehealth
    Program under the CARES Act (Public Law 116-36; 134 Stat. 281) or under
    this section, which shall include--
                (1) non-identifiable and aggregated data on deficient and
            rejected applications;
                (2) non-identifiable and aggregated data on applications
            for which no award determination was made;
                (3) information on the total number of applicants;
                (4) information on the total dollar amount of requests for
            awards made under this section; and
                (5) information on applicant outreach and technical
            assistance.
        (e) Paperwork Reduction Act Requirements.--A collection of
    information conducted or sponsored under any regulations required to
    implement this section shall not constitute a collection of information
    for the purposes of subchapter I of chapter 35 of title 44, United
    States Code (commonly referred to as the ``Paperwork Reduction Act'').

    SEC. 904. BENEFIT FOR BROADBAND SERVICE DURING EMERGENCY PERIOD
                  RELATING TO COVID-19.

        (a) Definitions.--In this section:
                (1) Broadband internet access service.--The term
            ``broadband internet access service'' has the meaning given
            such term in section 8.1(b) of title 47, Code of Federal
            Regulations, or any successor regulation.
                (2) Broadband provider.--The term ``broadband provider''
            means a provider of broadband internet access service.
                (3) Commission.--The term ``Commission'' means the Federal
            Communications Commission.
                (4) Connected device.--The term ``connected device'' means
            a laptop or desktop computer or a tablet.
                (5) Designated as an eligible telecommunications carrier.--
            The term ``designated as an eligible telecommunications
            carrier'', with respect to a broadband provider, means the
            broadband provider is designated as an eligible
            telecommunications carrier under section 214(e) of the
            Communications Act of 1934 (47 U.S.C. 214(e)).
                (6) Eligible household.--The term ``eligible household''
            means, regardless of whether the household or any member of the
            household receives support under subpart E of part 54 of title
            47, Code of Federal Regulations (or any successor regulation),
            and regardless of whether any member of the household has any
            past or present arrearages with a broadband provider, a
            household in which--
                        (A) at least one member of the household meets the
                    qualifications in subsection (a) or (b) of section
                    54.409 of title 47, Code of Federal Regulations (or any
                    successor regulation);
                        (B) at least one member of the household has
                    applied for and been approved to receive benefits under
                    the free and reduced price lunch program under the
                    Richard B. Russell National School Lunch Act (42 U.S.C.
                    1751 et seq.) or the school breakfast program under
                    section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
                    1773);
                        (C) at least one member of the household has
                    experienced a substantial loss of income since February
                    29, 2020, that is documented by layoff or furlough
                    notice, application for unemployment insurance
                    benefits, or similar documentation or that is otherwise
                    verifiable through the National Verifier or National
                    Lifeline Accountability Database;
                        (D) at least one member of the household has
                    received a Federal Pell Grant under section 401 of the
                    Higher Education Act of 1965 (20 U.S.C. 1070a) in the
                    current award year, if such award is verifiable through
                    the National Verifier or National Lifeline
                    Accountability Database or the participating provider
                    verifies eligibility under subsection (a)(2)(B); or
                        (E) at least one member of the household meets the
                    eligibility criteria for a participating provider's
                    existing low-income or COVID-19 program, subject to the
                    requirements of subsection (a)(2)(B) and any other
                    eligibility requirements the Commission may consider
                    necessary for the public interest.
                (7) Emergency broadband benefit.--The term ``emergency
            broadband benefit'' means a monthly discount for an eligible
            household applied to the actual amount charged to such
            household, which shall be no more than the standard rate for an
            internet service offering and associated equipment, in an
            amount equal to such amount charged, but not more than $50, or,
            if an internet service offering is provided to an eligible
            household on Tribal land, not more than $75.
                (8) Emergency period.--The term ``emergency period'' means
            the period that--
                        (A) begins on the date of the enactment of this
                    Act; and
                        (B) ends on the date that is 6 months after the
                    date on which the determination by the Secretary of
                    Health and Human Services pursuant to section 319 of
                    the Public Health Service Act (42 U.S.C. 247d) that a
                    public health emergency exists as a result of COVID-19,
                    including any renewal thereof, terminates.
                (9) Internet service offering.--The term ``internet service
            offering'' means, with respect to a broadband provider,
            broadband internet access service provided by such provider to
            a household, offered in the same manner, and on the same terms,
            as described in any of such provider's offerings for broadband
            internet access service to such household, as on December 1,
            2020.
                (10) National lifeline accountability database.--The term
            ``National Lifeline Accountability Database'' has the meaning
            given such term in section 54.400 of title 47, Code of Federal
            Regulations (or any successor regulation).
                (11) National verifier.--The term ``National Verifier'' has
            the meaning given such term in section 54.400 of title 47, Code
            of Federal Regulations, or any successor regulation.
                (12) Participating provider.--The term ``participating
            provider'' means a broadband provider that--
                        (A)(i) is designated as an eligible
                    telecommunications carrier; or
                        (ii) meets requirements established by the
                    Commission for participation in the Emergency Broadband
                    Benefit Program and is approved by the Commission under
                    subsection (d)(2); and
                        (B) elects to participate in the Emergency
                    Broadband Benefit Program.
                (13) Standard rate.--The term ``standard rate'' means the
            monthly retail rate for the applicable tier of broadband
            internet access service as of December 1, 2020, excluding any
            taxes or other governmental fees.
        (b) Emergency Broadband Benefit Program.--
                (1) Establishment.--The Commission shall establish a
            program, to be known as the ``Emergency Broadband Benefit
            Program'', under which the Commission shall, in accordance with
            this section, reimburse, using funds from the Emergency
            Broadband Connectivity Fund established in subsection (i), a
            participating provider for an emergency broadband benefit, or
            an emergency broadband benefit and a connected device, provided
            to an eligible household during the emergency period.
                (2) Verification of eligibility.--To verify whether a
            household is an eligible household, a participating provider
            shall--
                        (A) use the National Verifier or National Lifeline
                    Accountability Database;
                        (B) rely upon an alternative verification process
                    of the participating provider, if--
                                (i) the participating provider submits
                            information as required by the Commission
                            regarding the alternative verification process
                            prior to seeking reimbursement; and
                                (ii) not later than 7 days after receiving
                            the information required under clause (i), the
                            Commission--
                                        (I) determines that the alternative
                                    verification process will be sufficient
                                    to avoid waste, fraud, and abuse; and
                                        (II) notifies the participating
                                    provider of the determination under
                                    subclause (I); or
                        (C) rely on a school to verify the eligibility of a
                    household based on the participation of the household
                    in the free and reduced price lunch program or the
                    school breakfast program described in subsection
                    (a)(6)(B).
                (3) Use of national verifier and national lifeline
            accountability database.--The Commission shall--
                        (A) expedite the ability of all participating
                    providers to access the National Verifier and National
                    Lifeline Accountability Database for purposes of
                    determining whether a household is an eligible
                    household, without regard to whether a participating
                    provider is designated as an eligible
                    telecommunications carrier; and
                        (B) ensure that the National Verifier and National
                    Lifeline Accountability Database approve an eligible
                    household to receive the emergency broadband benefit
                    not later than 2 days after the date of the submission
                    of information necessary to determine if such household
                    is an eligible household.
                (4) Reimbursement.--From the Emergency Broadband
            Connectivity Fund established in subsection (i), the Commission
            shall reimburse a participating provider in an amount equal to
            the emergency broadband benefit with respect to an eligible
            household that receives such benefit from such participating
            provider during the emergency period.
                (5) Reimbursement for connected device.--A participating
            provider that, during the emergency period, in addition to
            providing the emergency broadband benefit to an eligible
            household, supplies such household with a connected device may
            be reimbursed up to $100 from the Emergency Broadband
            Connectivity Fund established in subsection (i) for such
            connected device, if the charge to such eligible household is
            more than $10 but less than $50 for such connected device,
            except that a participating provider may receive reimbursement
            for no more than 1 connected device per eligible household.
                (6) Certification required.--To receive a reimbursement
            under paragraph (4) or (5), a participating provider shall
            certify to the Commission the following:
                        (A) That the amount for which the participating
                    provider is seeking reimbursement from the Emergency
                    Broadband Connectivity Fund established in subsection
                    (i) for providing an internet service offering to an
                    eligible household is not more than the standard rate.
                        (B) That each eligible household for which the
                    participating provider is seeking reimbursement for
                    providing an internet service offering discounted by
                    the emergency broadband benefit--
                                (i) has not been and will not be charged--
                                        (I) for such offering, if the
                                    standard rate for such offering is less
                                    than or equal to the amount of the
                                    emergency broadband benefit for such
                                    household; or
                                        (II) more for such offering than
                                    the difference between the standard
                                    rate for such offering and the amount
                                    of the emergency broadband benefit for
                                    such household;
                                (ii) will not be required to pay an early
                            termination fee if such eligible household
                            elects to enter into a contract to receive such
                            internet service offering if such household
                            later terminates such contract;
                                (iii) was not, after the date of the
                            enactment of this Act, subject to a mandatory
                            waiting period for such internet service
                            offering based on having previously received
                            broadband internet access service from such
                            participating provider; and
                                (iv) will otherwise be subject to the
                            participating provider's generally applicable
                            terms and conditions as applied to other
                            customers.
                        (C) That each eligible household for which the
                    participating provider is seeking reimbursement for
                    supplying such household with a connected device has
                    not been and will not be charged $10 or less or $50 or
                    more for such device.
                        (D) A description of the process used by the
                    participating provider to verify that a household is an
                    eligible household, if the provider elects an
                    alternative verification process under paragraph
                    (2)(B), and that such verification process was designed
                    to avoid waste, fraud, and abuse.
                (7) Audit requirements.--The Commission shall adopt audit
            requirements to ensure that participating providers are in
            compliance with the requirements of this section and to prevent
            waste, fraud, and abuse in the Emergency Broadband Benefit
            Program. A finding of waste, fraud, or abuse or an improper
            payment (as such term is defined in section 2(d) of the
            Improper Payments Information Act of 2002 (31 U.S.C. 3321
            note)) identified by the Commission or the Inspector General of
            the Commission shall include the following:
                        (A) The name of the participating provider.
                        (B) The amount of funding made available from the
                    Emergency Broadband Connectivity Fund to the
                    participating provider.
                        (C) The amount of funding determined to be an
                    improper payment to a participating provider.
                        (D) A description of to what extent funding made
                    available from the Emergency Broadband Connectivity
                    Fund that was an improper payment was used for a
                    reimbursement for a connected device or a reimbursement
                    for an internet service offering.
                        (E) Whether, in the case of a connected device,
                    such device, or the value thereof, has been recovered.
                        (F) Whether any funding from the Emergency
                    Broadband Connectivity Fund was made available to a
                    participating provider for an emergency broadband
                    benefit for a person outside the eligible household.
                        (G) Whether any funding from the Emergency
                    Broadband Connectivity Fund was made available to
                    reimburse a participating provider for an emergency
                    broadband benefit made available to an eligible
                    household in which all members of such household
                    necessary to satisfy the eligibility requirements
                    described in subsection (a)(6) were deceased.
                (8) Random audit required.--Not later than 1 year after the
            date of the enactment of this Act, the Inspector General of the
            Commission shall conduct an audit of a representative sample of
            participating providers receiving reimbursements under the
            Emergency Broadband Benefit Program.
                (9) Notification of audit findings.--Not later than 7 days
            after a finding made by the Commission under the requirements
            of paragraph (7), the Commission shall notify the Committee on
            Energy and Commerce of the House of Representatives and the
            Committee on Commerce, Science, and Transportation of the
            Senate with any information described in such paragraph that
            the Commission has obtained.
                (10) Expiration of program.--At the conclusion of the
            Emergency Broadband Benefit Program, any participating eligible
            households shall be subject to a participating provider's
            generally applicable terms and conditions.
        (c) Regulations Required.--
                (1) In general.--Not later than 60 days after the date of
            the enactment of this Act, the Commission shall promulgate
            regulations to implement this section.
                (2) Comment periods.--As part of the rulemaking under
            paragraph (1), the Commission shall--
                        (A) provide a 20-day public comment period that
                    begins not later than 5 days after the date of the
                    enactment of this Act;
                        (B) provide a 20-day public reply comment period
                    that immediately follows the period under subparagraph
                    (A); and
                        (C) during the comment periods under subparagraphs
                    (A) and (B), seek comment on--
                                (i) the provision of assistance from the
                            Emergency Broadband Connectivity Fund
                            established in subsection (i) consistent with
                            this section; and
                                (ii) other related matters.
        (d) Eligibility of Providers.--
                (1) Relation to eligible telecommunications carrier
            designation.--The Commission may not require a broadband
            provider to be designated as an eligible telecommunications
            carrier in order to be a participating provider.
                (2) Expedited approval process.--
                        (A) In general.--The Commission shall establish an
                    expedited process by which the Commission approves as
                    participating providers broadband providers that are
                    not designated as eligible telecommunications carriers
                    and elect to participate in the Emergency Broadband
                    Benefit Program.
                        (B) Exception.--Notwithstanding subparagraph (A),
                    the Commission shall automatically approve as a
                    participating provider a broadband provider that has an
                    established program as of April 1, 2020, that is widely
                    available and offers internet service offerings to
                    eligible households and maintains verification
                    processes that are sufficient to avoid fraud, waste,
                    and abuse.
        (e) Rule of Construction.--Nothing in this section shall affect the
    collection, distribution, or administration of the Lifeline Assistance
    Program governed by the rules set forth in subpart E of part 54 of
    title 47, Code of Federal Regulations (or any successor regulation).
        (f) Part 54 Regulations.--Nothing in this section shall be
    construed to prevent the Commission from providing that the regulations
    in part 54 of title 47, Code of Federal Regulations, or any successor
    regulation, shall apply in whole or in part to the Emergency Broadband
    Benefit Program, shall not apply in whole or in part to such Program,
    or shall be modified in whole or in part for purposes of application to
    such Program.
        (g) Enforcement.--A violation of this section or a regulation
    promulgated under this section shall be treated as a violation of the
    Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation
    promulgated under such Act. The Commission shall enforce this section
    and the regulations promulgated under this section in the same manner,
    by the same means, and with the same jurisdiction, powers, and duties
    as though all applicable terms and provisions of the Communications Act
    of 1934 were incorporated into and made a part of this section.
        (h) Exemptions.--
                (1) Certain rulemaking requirements.--Section 553 of title
            5, United States Code, shall not apply to a regulation
            promulgated under subsection (c) or a rulemaking proceeding to
            promulgate such a regulation.
                (2) Paperwork reduction act requirements.--A collection of
            information conducted or sponsored under the regulations
            required by subsection (c) shall not constitute a collection of
            information for the purposes of subchapter I of chapter 35 of
            title 44, United States Code (commonly referred to as the
            Paperwork Reduction Act).
        (i) Emergency Broadband Connectivity Fund.--
                (1) Establishment.--There is established in the Treasury of
            the United States a fund to be known as the Emergency Broadband
            Connectivity Fund.
                (2) Appropriation.--There is appropriated to the Emergency
            Broadband Connectivity Fund, out of any money in the Treasury
            not otherwise appropriated, $3,200,000,000 for fiscal year
            2021, to remain available until expended.
                (3) Use of funds.--Amounts in the Emergency Broadband
            Connectivity Fund shall be available to the Commission for
            reimbursements to participating providers under this section,
            and the Commission may use not more than 2 percent of such
            amounts to administer the Emergency Broadband Benefit Program.
                (4) Relationship to universal service contributions.--
            Reimbursements provided under this section shall be provided
            from amounts made available under this subsection and not from
            contributions under section 254(d) of the Communications Act of
            1934 (47 U.S.C. 254(d)).
                (5) Use of universal service administrative company
            permitted.--The Commission shall have the authority to avail
            itself of the services of the Universal Service Administrative
            Company to implement the Emergency Broadband Benefit Program,
            including developing and processing reimbursements and
            distributing funds to participating providers.
        (j) Safe Harbor.--The Commission may not enforce a violation of
    this section under section 501, 502, or 503 of the Communications Act
    of 1934 (47 U.S.C. 501; 502; 503), or any rules of the Commission
    promulgated under such sections of such Act, if a participating
    provider demonstrates to the Commission that such provider relied in
    good faith on information provided to such provider to make the
    verification required by subsection (b)(2).

    SEC. 905. GRANTS FOR BROADBAND CONNECTIVITY.

        (a) Definitions.--In this section:
                (1) Assistant secretary.--The term ``Assistant Secretary''
            means the Assistant Secretary of Commerce for Communications
            and Information.
                (2) Broadband or broadband service.--The term ``broadband''
            or ``broadband service'' has the meaning given the term
            ``broadband internet access service'' in section 8.1(b) of
            title 47, Code of Federal Regulations, or any successor
            regulation.
                (3) Commission.--The term ``Commission'' means the Federal
            Communications Commission.
                (4) Covered broadband project.--The term ``covered
            broadband project'' means a competitively and technologically
            neutral project for the deployment of fixed broadband service
            that provides qualifying broadband service in an eligible
            service area.
                (5) Covered partnership.--The term ``covered partnership''
            means a partnership between--
                        (A) a State, or 1 or more political subdivisions of
                    a State; and
                        (B) a provider of fixed broadband service.
                (6) Department.--The term ``Department'' means the
            Department of Commerce.
                (7) Eligible service area.--The term ``eligible service
            area'' means a census block in which broadband service is not
            available at 1 or more households or businesses in the census
            block, as determined by the Assistant Secretary on the basis
            of--
                        (A) the maps created under section 802(c)(1) of the
                    Communications Act of 1934 (47 U.S.C. 642(c)(1)); or
                        (B) if the maps described in subparagraph (A) are
                    not available, the most recent information available to
                    the Assistant Secretary, including information provided
                    by the Commission.
                (8) Eligible entity.--The term ``eligible entity'' means--
                        (A) a Tribal Government;
                        (B) a Tribal College or University;
                        (C) the Department of Hawaiian Home Lands on behalf
                    of the Native Hawaiian Community, including Native
                    Hawaiian Education Programs;
                        (D) a Tribal organization; or
                        (E) a Native Corporation.
                (9) Native corporation.--The term ``Native Corporation''
            has the meaning given the term in section 3 of the Alaska
            Native Claims Settlement Act (43 U.S.C. 1602).
                (10) Native hawaiian.--The term ``Native Hawaiian'' has the
            meaning given the term in section 801 of the Native American
            Housing Assistance and Self-Determination Act of 1996 (25
            U.S.C. 4221).
                (11) Qualifying broadband service.--The term ``qualifying
            broadband service'' means broadband service with--
                        (A) a download speed of not less than 25 megabits
                    per second;
                        (B) an upload speed of not less than 3 megabits per
                    second; and
                        (C) a latency sufficient to support real-time,
                    interactive applications.
                (12) Tribal government.--The term ``Tribal Government''
            means the governing body of any Indian or Alaska Native Tribe,
            band, nation, pueblo, village, community, component band, or
            component reservation, individually recognized (including
            parenthetically) in the list published most recently as of the
            date of enactment of this Act pursuant to section 104 of the
            Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
            5131).
                (13) Tribal land.--The term ``Tribal land'' means--
                        (A) any land located within the boundaries of--
                                (i) an Indian reservation, pueblo, or
                            rancheria; or
                                (ii) a former reservation within Oklahoma;
                        (B) any land not located within the boundaries of
                    an Indian reservation, pueblo, or rancheria, the title
                    to which is held--
                                (i) in trust by the United States for the
                            benefit of an Indian Tribe or an individual
                            Indian;
                                (ii) by an Indian Tribe or an individual
                            Indian, subject to restriction against
                            alienation under laws of the United States; or
                                (iii) by a dependent Indian community;
                        (C) any land located within a region established
                    pursuant to section 7(a) of the Alaska Native Claims
                    Settlement Act (43 U.S.C. 1606(a));
                        (D) Hawaiian Home Lands, as defined in section 801
                    of the Native American Housing Assistance and Self-
                    Determination Act of 1996 (25 U.S.C. 4221); or
                        (E) those areas or communities designated by the
                    Assistant Secretary of Indian Affairs of the Department
                    of the Interior that are near, adjacent, or contiguous
                    to reservations where financial assistance and social
                    service programs are provided to Indians because of
                    their status as Indians.
                (14) Unserved.--The term ``unserved'', with respect to a
            household, means--
                        (A) the household lacks access to qualifying
                    broadband service; and
                        (B) no broadband provider has been selected to
                    receive, or is otherwise receiving, Federal or State
                    funding subject to enforceable build out commitments to
                    deploy qualifying broadband service in the specific
                    area where the household is located by dates certain,
                    even if such service is not yet available, provided
                    that the Federal or State agency providing the funding
                    has not deemed the service provider to be in default of
                    its buildout obligations under the applicable Federal
                    or State program.
        (b) Direct Appropriation.--There is appropriated to the Assistant
    Secretary, out of amounts in the Treasury not otherwise appropriated,
    for the fiscal year ending September 30, 2021, to remain available
    until expended--
                (1) $1,000,000,000 for grants under subsection (c); and
                (2) $300,000,000 for grants under subsection (d).
        (c) Tribal Broadband Connectivity Program.--
                (1) Tribal broadband connectivity grants.--The Assistant
            Secretary shall use the funds made available under subsection
            (b)(1) to implement a program to make grants to eligible
            entities to expand access to and adoption of--
                        (A) broadband service on Tribal land; or
                        (B) remote learning, telework, or telehealth
                    resources during the COVID-19 pandemic.
                (2) Grants.--From the amounts appropriated under subsection
            (b)(1), the Assistant Secretary shall award a grant to each
            eligible entity that submits an application that the Assistant
            Secretary approves after consultation with the Commission to
            prevent duplication of funding.
                (3) Allocations.--
                        (A) Equitable distribution.--The amounts
                    appropriated under subsection (b)(1) shall be made
                    available to eligible entities on an equitable basis,
                    and not less than 3 percent of those amounts shall be
                    made available for the benefit of Native Hawaiians.
                        (B) Administrative expenses of assistant
                    secretary.--The Assistant Secretary may use not more
                    than 2 percent of amounts appropriated under subsection
                    (b)(1) for administrative purposes, including the
                    provision of technical assistance to Tribal Governments
                    to help those Governments take advantage of the program
                    established under this subsection.
                (4) Use of grant funds.--
                        (A) Commitment deadline.--
                                (i) In general.--Not later than 180 days
                            after receiving grant funds under this
                            subsection, an eligible entity shall commit the
                            funds in accordance with the approved
                            application of the entity.
                                (ii) Reversion of funds.--Any grant funds
                            not committed by an eligible entity by the
                            deadline under clause (i) shall revert to the
                            general fund of the Treasury.
                        (B) Expenditure deadline.--
                                (i) In general.--Not later than 1 year
                            after receiving grant funds under this
                            subsection, an eligible entity shall expend the
                            grant funds.
                                (ii) Extensions for infrastructure
                            projects.--The Assistant Secretary may extend
                            the period under clause (i) for an eligible
                            entity that proposes to use the grant funds for
                            construction of broadband infrastructure if the
                            eligible entity certifies that--
                                        (I) the eligible entity has a plan
                                    for use of the grant funds;
                                        (II) the construction project is
                                    underway; or
                                        (III) extenuating circumstances
                                    require an extension of time to allow
                                    the project to be completed.
                                (iii) Reversion of funds.--Any grant funds
                            not expended by an eligible entity by the
                            deadline under clause (i) shall be made
                            available to other eligible entities for the
                            purposes provided in this subsection.
                (5) Eligible uses.--An eligible entity may use grant funds
            made available under this subsection for--
                        (A) broadband infrastructure deployment, including
                    support for the establishment of carrier-neutral
                    submarine cable landing stations;
                        (B) affordable broadband programs, including--
                                (i) providing free or reduced-cost
                            broadband service; and
                                (ii) preventing disconnection of existing
                            broadband service;
                        (C) distance learning;
                        (D) telehealth;
                        (E) digital inclusion efforts; and
                        (F) broadband adoption activities.
                (6) Administrative expenses of eligible entities.--An
            eligible entity may use not more than 2 percent of grant funds
            received under this subsection for administrative purposes.
                (7) Subgrantees.--
                        (A) In general.--An eligible entity may enter into
                    a contract with a subgrantee, including a non-Tribal
                    entity, as part of its use of grant funds pursuant to
                    this subsection.
                        (B) Requirements.--An eligible entity that enters
                    into a contract with a subgrantee for use of grant
                    funds received under this subsection shall--
                                (i) before entering into the contract,
                            after a reasonable investigation, make a
                            determination that the subgrantee--
                                        (I) is capable of carrying out the
                                    project for which grant funds will be
                                    provided in a competent manner in
                                    compliance with all applicable laws;
                                        (II) has the financial capacity to
                                    meet the obligations of the project and
                                    the requirements of this subsection;
                                    and
                                        (III) has the technical and
                                    operational capability to carry out the
                                    project; and
                                (ii) stipulate in the contract reasonable
                            provisions for recovery of funds for
                            nonperformance.
                (8) Broadband infrastructure deployment.--In using grant
            funds received under this subsection for new construction of
            broadband infrastructure, an eligible entity shall prioritize
            projects that deploy broadband infrastructure to unserved
            households.
        (d) Broadband Infrastructure Program.--
                (1) Broadband infrastructure deployment grants.--The
            Assistant Secretary shall use the funds made available under
            subsection (b)(2) to implement a program under which the
            Assistant Secretary makes grants on a competitive basis to
            covered partnerships for covered broadband projects.
                (2) Mapping.--
                        (A) Data from commission.--Not less frequently than
                    annually, the Commission shall, through the process
                    established under section 802(b)(7)) of the
                    Communications Act of 1934 (47 U.S.C. 642(b)(7)),
                    provide the Assistant Secretary any data collected by
                    the Commission pursuant to title VIII of that Act (47
                    U.S.C. 641 et seq.).
                        (B) Use by assistant secretary.--The Assistant
                    Secretary shall rely on the data provided under
                    subparagraph (A) in carrying out this subsection to the
                    greatest extent practicable.
                (3) Eligibility requirements.--To be eligible for a grant
            under this subsection, a covered partnership shall submit an
            application at such time, in such manner, and containing such
            information as the Assistant Secretary may require, which
            application shall, at a minimum, include a description of--
                        (A) the covered partnership;
                        (B) the covered broadband project to be funded by
                    the grant, including--
                                (i) the speed or speeds at which the
                            covered partnership plans to offer broadband
                            service; and
                                (ii) the cost of the project;
                        (C) the area to be served by the covered broadband
                    project (in this paragraph referred to as the
                    ``proposed service area'');
                        (D) any support provided to the provider of
                    broadband service that is part of the covered
                    partnership through--
                                (i) any grant, loan, or loan guarantee
                            provided by a State to the provider of
                            broadband service for the deployment of
                            broadband service in the proposed service area;
                                (ii) any grant, loan, or loan guarantee
                            with respect to the proposed service area
                            provided by the Secretary of Agriculture--
                                        (I) under title VI of the Rural
                                    Electrification Act of 1936 (7 U.S.C.
                                    950bb et seq.), including--
                                                (aa) any program to provide
                                            grants, loans, or loan
                                            guarantees under sections 601
                                            through 603 of that Act (7
                                            U.S.C. 950bb et seq.); and
                                                (bb) the Community Connect
                                            Grant Program established under
                                            section 604 of that Act (7
                                            U.S.C. 950bb-3); or
                                        (II) the broadband loan and grant
                                    pilot program known as the ``Rural
                                    eConnectivity Pilot Program'' or the
                                    ``ReConnect Program'' authorized under
                                    section 779 of division A of the
                                    Consolidated Appropriations Act, 2018
                                    (Public Law 115-141; 132 Stat. 348);
                                (iii) any high-cost universal service
                            support provided under section 254 of the
                            Communications Act of 1934 (47 U.S.C. 254);
                                (iv) any grant provided under section 6001
                            of the American Recovery and Reinvestment Act
                            of 2009 (47 U.S.C. 1305);
                                (v) amounts made available for the
                            Education Stabilization Fund under the heading
                            ``DEPARTMENT OF EDUCATION'' in title VIII of
                            division B of the CARES Act (Public Law 116-
                            136; 134 Stat. 564); or
                                (vi) any other grant, loan, or loan
                            guarantee provided by the Federal Government
                            for the provision of broadband service.
                (4) Priority.--In awarding grants under this subsection,
            the Assistant Secretary shall give priority to applications for
            covered broadband projects as follows, in decreasing order of
            priority:
                        (A) Covered broadband projects designed to provide
                    broadband service to the greatest number of households
                    in an eligible service area.
                        (B) Covered broadband projects designed to provide
                    broadband service in an eligible service area that is
                    wholly within any area other than--
                                (i) a county, city, or town that has a
                            population of more than 50,000 inhabitants; and
                                (ii) the urbanized area contiguous and
                            adjacent to a city or town described in clause
                            (i).
                        (C) Covered broadband projects that are the most
                    cost-effective, prioritizing such projects in areas
                    that are the most rural.
                        (D) Covered broadband projects designed to provide
                    broadband service with a download speed of not less
                    than 100 megabits per second and an upload speed of not
                    less than 20 megabits per second.
                        (E) Any other covered broadband project that meets
                    the requirements of this subsection.
                (5) Expenditure deadline.--
                        (A) In general.--Not later than 1 year after
                    receiving grant funds under this subsection, a covered
                    partnership shall expend the grant funds.
                        (B) Extensions.--The Assistant Secretary may extend
                    the period under subparagraph (A) for a covered
                    partnership that proposes to use the grant funds for
                    construction of broadband infrastructure if the covered
                    partnership certifies that--
                                (i) the covered partnership has a plan for
                            use of the grant funds;
                                (ii) the construction project is underway;
                            or
                                (iii) extenuating circumstances require an
                            extension of time to allow the project to be
                            completed.
                        (C) Reversion of funds.--Any grant funds not
                    expended by an covered partnership by the deadline
                    under subparagraph (A) shall be made available to other
                    covered partnerships for the purposes provided in this
                    subsection.
                (6) Grant conditions.--
                        (A) Prohibitions.--As a condition of receiving a
                    grant under this subsection, the Assistant Secretary
                    shall prohibit a provider of broadband service that is
                    part of a covered partnership receiving the grant--
                                (i) from using the grant amounts to repay,
                            or make any other payment relating to, a loan
                            made by any public or private lender;
                                (ii) from using grant amounts as collateral
                            for a loan made by any public or private
                            lender; and
                                (iii) from using more than $50,000 of the
                            grant amounts to pay for the preparation of the
                            grant.
                        (B) Nondiscrimination.--The Assistant Secretary may
                    not require a provider of broadband service that is
                    part of a covered partnership to be designated as an
                    eligible telecommunications carrier pursuant to section
                    214(e) of the Communications Act of 1934 (47 U.S.C.
                    214(e)) to be eligible to receive a grant under this
                    subsection or as a condition of receiving a grant under
                    this subsection.
        (e) Implementation.--
                (1) Requirements; outreach.--Not earlier than 30 days, and
            not later than 60 days, after the date of enactment of this
            Act, the Assistant Secretary shall--
                        (A) issue a notice inviting eligible entities and
                    covered partnerships to submit applications for grants
                    under this section, which shall contain details about
                    how awarding decisions will be made; and
                        (B) outline--
                                (i) the requirements for applications for
                            grants under this section; and
                                (ii) the allowed uses of grant funds
                            awarded under this section.
                (2) Applications.--
                        (A) Submission.--During the 90-day period beginning
                    on the date on which the Assistant Secretary issues the
                    notice under paragraph (1), an eligible entity or
                    covered partnership may submit an application for a
                    grant under this section.
                        (B) Processing.--
                                (i) In general.--Not later than 90 days
                            after receiving an application under
                            subparagraph (A), the Assistant Secretary shall
                            approve or deny the application.
                                (ii) Denial.--The Assistant Secretary may
                            deny an application submitted under
                            subparagraph (A) only if--
                                        (I) the Assistant Secretary
                                    provides the applicant an opportunity
                                    to cure any defects in the application;
                                    and
                                        (II) after receiving the
                                    opportunity under subclause (I), the
                                    applicant still fails to meet the
                                    requirements of this section.
                        (C) Single application.--An eligible entity or
                    covered partnership may submit only 1 application under
                    this paragraph.
                        (D) Proposed use of funds.--An application
                    submitted by an eligible entity or a covered
                    partnership under this paragraph shall describe each
                    proposed use of grant funds.
                        (E) Allocation of funds.--Not later than 14 days
                    after approving an application for a grant under this
                    paragraph, the Assistant Secretary shall allocate the
                    grant funds to the eligible entity or covered
                    partnership.
                        (F) Treatment of unallocated funds.--
                                (i) In general.--If an eligible entity or
                            covered partnership does not submit an
                            application by the deadline under subparagraph
                            (A), or the Assistant Secretary does not
                            approve an application submitted by an eligible
                            entity or a covered partnership under that
                            subparagraph, the Assistant Secretary shall
                            make the amounts allocated for, as applicable--
                                        (I) the eligible entity under
                                    subsection (c) available to other
                                    eligible entities on an equitable
                                    basis; or
                                        (II) the covered partnership under
                                    subsection (d) to other covered
                                    partnerships.
                                (ii) Second process.--The Assistant
                            Secretary shall initiate a second notice and
                            application process described in this
                            subsection to reallocate any funds made
                            available to other eligible entities or covered
                            partnerships under clause (i).
                (3) Transparency, accountability, and oversight required.--
            In implementing this section, the Assistant Secretary shall
            adopt measures, including audit requirements, to--
                        (A) ensure sufficient transparency, accountability,
                    and oversight to provide the public with information
                    regarding the award and use of grant funds under this
                    section;
                        (B) ensure that a recipient of a grant under this
                    section uses the grant funds in compliance with the
                    requirements of this section and the overall purpose of
                    the applicable grant program under this section; and
                        (C) deter waste, fraud, and abuse of grant funds.
                (4) Prohibition on use for covered communications equipment
            or services.--An eligible entity or covered partnership may not
            use grant funds received under this section to purchase or
            support any covered communications equipment or service (as
            defined in section 9 of the Secure and Trusted Communications
            Networks Act of 2019 (47 U.S.C. 1608)).
                (5) Unauthorized use of funds.--To the extent that the
            Assistant Secretary or the Inspector General of the Department
            determines that an eligible entity or covered partnership has
            expended grant funds received under this section in violation
            of this section, the Assistant Secretary shall recover the
            amount of funds that were so expended.
        (f) Reporting.--
                (1) Eligible entities and covered partnerships.--
                        (A) Annual report.--Not later than 1 year after
                    receiving grant funds under this section, and annually
                    thereafter until the funds have been expended, an
                    eligible entity or covered partnership shall submit to
                    the Assistant Secretary a report, with respect to the
                    1-year period immediately preceding the report date,
                    that--
                                (i) describes how the eligible entity or
                            covered partnership expended the funds;
                                (ii) certifies that the eligible entity or
                            covered partnership complied with the
                            requirements of this section and with any
                            additional reporting requirements prescribed by
                            the Assistant Secretary, including--
                                        (I) a description of each service
                                    provided with the grant funds; and
                                        (II) the number of locations or
                                    geographic areas at which broadband
                                    service was provided using the grant
                                    funds; and
                                (iii) identifies each subgrantee that
                            received a subgrant from the eligible entity or
                            covered partnership and a description of the
                            specific project for which grant funds were
                            provided.
                        (B) Provision of information to fcc and usda.--The
                    Assistant Secretary shall provide the information
                    collected under subparagraph (A) to the Commission and
                    the Department of Agriculture to be used when
                    determining whether to award funds for the deployment
                    of broadband under any program administered by those
                    agencies.
                        (C) Transmission of reports to congress.--Not later
                    than 5 days after receiving a report from an eligible
                    entity under subparagraph (A), the Assistant Secretary
                    shall transmit the report to the Committee on Commerce,
                    Science, and Transportation of the Senate and the
                    Committee on Energy and Commerce of the House of
                    Representatives.
                (2) Inspector general and gao.--Not later than 6 months
            after the date on which the first grant is awarded under this
            section, and every 6 months thereafter until all of the grant
            funds awarded under this section are expended, the Inspector
            General of the Department and the Comptroller General of the
            United States shall each submit to the Committee on Commerce,
            Science, and Transportation of the Senate and the Committee on
            Energy and Commerce of the House of Representatives a report
            that reviews the grants awarded under this section during the
            preceding 6-month period. Each such report shall include
            recommendations to address waste, fraud, and abuse, if any.
        (g) Impact on Other Federal Broadband Programs.--The use of grant
    funds received under this section by an eligible entity, covered
    partnership, or subgrantee shall not impact the eligibility of, or
    otherwise disadvantage, the eligible entity, covered partnership, or
    subgrantee with respect to participation in any other Federal broadband
    program.

    SEC. 906. APPROPRIATIONS FOR FEDERAL COMMUNICATIONS COMMISSION
                  ACTIVITIES.

        There is appropriated to the Federal Communications Commission, out
    of amounts in the Treasury not otherwise appropriated, for fiscal year
    2021, to remain available until expended--
                (1) $65,000,000 to carry out title VIII of the
            Communications Act of 1934 (47 U.S.C. 641 et seq.); and
                (2) $1,900,000,000 to carry out the Secure and Trusted
            Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.),
            of which $1,895,000,000 shall be used to carry out the program
            established under section 4 of that Act (47 U.S.C. 1603).

                             TITLE X--MISCELLANEOUS

    SEC. 1001. CORONAVIRUS RELIEF FUND EXTENSION.

        Section 601(d)(3) of the Social Security Act (42 U.S.C. 801(d)(3))
    is amended by striking ``December 30, 2020'' and inserting ``December
    31, 2021''.

    SEC. 1002. CONTRACTOR PAY.

         Section 3610 of division A of the CARES Act (Public Law 116-136)
    shall be applied by substituting ``March 31, 2021'' for ``September 30,
    2020''.

    SEC. 1003. RESCISSIONS.

        (a) Exchange Stabilization Fund.--
                (1) Immediate rescission.--Of the unobligated balances made
            available under section 4027 of the CARES Act (15 U.S.C. 9061),
            $429,000,000,000 shall be permanently rescinded on the date of
            enactment of this Act.
                (2) Subsequent rescission of remaining funds.--
                        (A) In general.--Except as provided in subparagraph
                    (C), any remaining unobligated balances made available
                    under section 4027 of the CARES Act (15 U.S.C. 9061)
                    shall be permanently rescinded on January 9, 2021.
                        (B) Applicability.--Notwithstanding the Federal
                    Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) or any
                    other provision of law, the rescission in subparagraph
                    (A) shall apply to--
                                (i) the obligated but not disbursed credit
                            subsidy cost of all loans, loan guarantees, and
                            other investments that the Secretary of the
                            Treasury has made or committed to make under
                            section 4003(b)(4) of the CARES Act (15 U.S.C.
                            9042(b)(4)); and
                                (ii) the obligated and disbursed credit
                            subsidy cost of all loans, loan guarantees, and
                            other investments that--
                                        (I) the Secretary of the Treasury
                                    has made or committed to make under
                                    section 4003(b)(4) of the CARES Act (15
                                    U.S.C. 9042(b)(4)); and
                                        (II) are not needed to meet the
                                    commitments, as of January 9, 2021, of
                                    the programs and facilities established
                                    under section 13(3) of the Federal
                                    Reserve Act (12 U.S.C. 343(3)) in which
                                    the Secretary of the Treasury has made
                                    or committed to make a loan, loan
                                    guarantee, or other investment using
                                    funds appropriated under section 4027
                                    of the CARES Act (15 U.S.C. 9061).
                        (C) Exceptions.--
                                (i) Administrative expenses.--The
                            $100,000,000 made available under section
                            4003(f) of the CARES Act (15 U.S.C. 9042(f)) to
                            pay costs and administrative expenses--
                                        (I) shall not be rescinded under
                                    this paragraph; and
                                        (II) shall be used exclusively for
                                    the specific purposes described in that
                                    section.
                                (ii) Special inspector general for pandemic
                            recovery.--The $25,000,000 made available under
                            section 4018(g) of the CARES Act (15 U.S.C.
                            9053(g)) for the Special Inspector General for
                            Pandemic Recovery--
                                        (I) shall not be rescinded under
                                    this paragraph; and
                                        (II) shall be used exclusively for
                                    the specific purposes described in that
                                    section.
                                (iii) Congressional oversight commission.--
                            Of the amounts made available under section
                            4027 of the CARES Act (15 U.S.C. 9061) for the
                            Congressional Oversight Commission established
                            under section 4020 of that Act (15 U.S.C.
                            9055), $5,000,000--
                                        (I) shall not be rescinded under
                                    this paragraph; and
                                        (II) shall be used exclusively for
                                    the expenses of the Congressional
                                    Oversight Commission set forth in
                                    section 4020(g)(2) of that Act.
        (b) Loans, Loan Guarantees, and Other Investments.--
                (1) In general.--Effective on January 9, 2021, section 4003
            of the CARES Act (15 U.S.C. 9042) is amended--
                        (A) in subsection (a), by striking ``
                    $500,000,000,000'' and inserting `` $0''; and
                        (B) in subsection (b)--
                                (i) in paragraph (1), by striking
                            ``25,000,000,000'' and inserting ``0'';
                                (ii) in paragraph (2), by striking ``
                            $4,000,000,000'' and inserting ``0'';
                                (iii) in paragraph (3), by striking ``
                            $17,000,000,000'' and inserting ``0''; and
                                (iv) in paragraph (4), in the matter
                            preceding subparagraph (A), by striking ``
                            $454,000,000,000'' and inserting `` $0''.
                (2) Rule of construction.--The amendments made under
            paragraph (1) shall not be construed to affect obligations
            incurred by the Department of the Treasury before January 1,
            2021.

    SEC. 1004. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.

        Section 4003(e) of the CARES Act (15 U.S.C. 9042(e)) is amended, in
    the matter preceding paragraph (1), by striking ``Amounts'' and
    inserting ``Notwithstanding any other provision of law, amounts''.

    SEC. 1005. TERMINATION OF AUTHORITY.

        Section 4029 of the CARES Act (15 U.S.C. 9063) is amended--
                (1) in subsection (a), by striking ``new'';
                (2) in subsection (b)(1), in the matter preceding
            subparagraph (A), by striking ``, loan guarantee, or other
            investment'' and inserting ``or loan guarantee made under
            paragraph (1), (2), or (3) of section 4003(b)''; and
                (3) by adding at the end the following:
        ``(c) Federal Reserve Programs or Facilities.--
                ``(1) In general.--After December 31, 2020, the Board of
            Governors of the Federal Reserve System and the Federal Reserve
            banks shall not make any loan, purchase any obligation, asset,
            security, or other interest, or make any extension of credit
            through any program or facility established under section 13(3)
            of the Federal Reserve Act (12 U.S.C. 343(3)) in which the
            Secretary made a loan, loan guarantee, or other investment
            pursuant to section 4003(b)(4), other than a loan submitted, on
            or before December 14, 2020, to the Main Street Lending
            Program's lender portal for the sale of a participation
            interest in such loan, provided that the Main Street Lending
            Program purchases a participation interest in such loan on or
            before January 8, 2021 and under the terms and conditions of
            the Main Street Lending Program as in effect on the date the
            loan was submitted to the Main Street Lending Program's lender
            portal for the sale of a participation interest in such loan.
                ``(2) No modification.--After December 31, 2020, the Board
            of Governors of the Federal Reserve System and the Federal
            Reserve banks--
                        ``(A) shall not modify the terms and conditions of
                    any program or facility established under section 13(3)
                    of the Federal Reserve Act (12 U.S.C. 343(3)) in which
                    the Secretary made a loan, loan guarantee, or other
                    investment pursuant to section 4003(b)(4), including by
                    authorizing transfer of such funds to a new program or
                    facility established under section 13(3) of the Federal
                    Reserve Act (12 U.S.C. 343(3)); and
                        ``(B) may modify or restructure a loan, obligation,
                    asset, security, other interest, or extension of credit
                    made or purchased through any such program or facility
                    provided that--
                                ``(i) the loan, obligation, asset,
                            security, other interest, or extension of
                            credit is an eligible asset or for an eligible
                            business, including an eligible nonprofit
                            organization, each as defined by such program
                            or facility; and
                                ``(ii) the modification or restructuring
                            relates to an eligible asset or single and
                            specific eligible business, including an
                            eligible nonprofit organization, each as
                            defined by such program or facility; and
                                ``(iii) the modification or restructuring
                            is necessary to minimize costs to taxpayers
                            that could arise from a default on the loan,
                            obligation, asset, security, other interest, or
                            extension of credit.
                ``(3) Use of funds.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the Secretary is permitted to use the
                    fund established under section 5302 of title 31, United
                    States Code, for any purpose permitted under that
                    section.
                        ``(B) Exception.--The fund established under
                    section 5302 of title 31, United States Code, shall not
                    be available for any program or facility established
                    under section 13(3) of the Federal Reserve Act (12
                    U.S.C. 343(3)) that is the same as any such program or
                    facility in which the Secretary made an investment
                    pursuant to section 4003(b)(4), except the Term Asset-
                    Backed Securities Loan Facility.''.

    SEC. 1006. RULE OF CONSTRUCTION.

        Except as expressly set forth in paragraphs (1) and (2) of
    subsection (c) of section 4029 of the CARES Act, as added by this Act,
    nothing in this Act shall be construed to modify or limit the authority
    of the Board of Governors of the Federal Reserve System under section
    13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) as of the day
    before the date of enactment of the CARES Act (Public Law 116-136).

                DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS

                                    TITLE I

                             IMMIGRATION EXTENSIONS

        Sec. 101.  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, 2021'' for ``September 30,
    2015''.
        Sec. 102.  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, 2021'' for ``September
    30, 2015''.
        Sec. 103.  Section 220(c) of the Immigration and Nationality
    Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied
    by substituting ``September 30, 2021'' for ``September 30, 2015''.
        Sec. 104.  Section 610(b) of the Departments of Commerce, Justice,
    and State, the Judiciary, and Related Agencies Appropriations Act, 1993
    (8 U.S.C. 1153 note) shall be applied by substituting ``June 30, 2021''
    for ``September 30, 2015''.
        Sec. 105.  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 2021 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 II--COMMISSION ON BLACK MEN AND BOYS CORRECTIONS

    SEC. 201. TECHNICAL CORRECTIONS TO THE COMMISSION ON THE SOCIAL STATUS
                  OF BLACK MEN AND BOYS ACT.

        Section 2(b)(3) of the Commission on the Social Status of Black Men
    and Boys Act (Public Law 116-156) is amended by striking ``House of
    Representatives majority leader'' and inserting ``Speaker of the House
    of Representatives''.

       TITLE III--U.S. CUSTOMS AND BORDER PROTECTION AUTHORITY TO ACCEPT
                              DONATIONS EXTENSION

    SEC. 301. EXTENSION OF U.S. CUSTOMS AND BORDER PROTECTION AUTHORITY TO
                  ACCEPT DONATIONS.

        Section 482(b)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C.
    301a(b)(4)(A)) is amended by striking ``4 years after December 16,
    2016'' and inserting ``December 16, 2021''.

               TITLE IV--LIVESTOCK MANDATORY REPORTING EXTENSION

    SEC. 401. MANDATORY LIVESTOCK REPORTING.

        Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C.
    1636i) and section 942 of the Livestock Mandatory Reporting Act of 1999
    (7 U.S.C. 1635 note; Public Law 106-78) shall be applied by
    substituting ``September 30, 2021'' for ``September 30, 2020''.

       TITLE V--SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM EXTENSION

    SEC. 501. SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM MODIFICATION.

        Section 1231C(b)(2)(B) of the Food Security Act of 1985 (16 U.S.C.
    3831c(b)(2)(B)) shall be applied by substituting ``September 30, 2021''
    for ``December 31, 2020''.

      TITLE VI--UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT
                             TECHNICAL CORRECTIONS

    SEC. 601. TECHNICAL CORRECTIONS TO THE UNITED STATES-MEXICO-CANADA
                  AGREEMENT IMPLEMENTATION ACT.

        (a) Environment Cooperation Commissions; North American Development
    Bank.--
                (1) In general.--Section 601 of the United States-Mexico-
            Canada Agreement Implementation Act (Public Law 116-113; 134
            Stat. 78) shall not apply to the provisions specified in
            paragraph (2) and such provisions shall be restored and revived
            as if such section had not been enacted.
                (2) Provisions specified.--The provisions specified in this
            paragraph are the following:
                        (A) Sections 532 and 533 of the North American Free
                    Trade Agreement Implementation Act.
                        (B) Part 2 of subtitle D of title V of such Act (as
                    amended by section 831 of the United States-Mexico-
                    Canada Agreement Implementation Act).
                (3) North american development bank: limitation on callable
            capital subscriptions.--The Secretary of the Treasury may
            subscribe without fiscal year limitation to the callable
            capital portion of the United States share of capital stock of
            the North American Development Bank in an amount not to exceed
            $1,020,000,000. The authority in the preceding sentence shall
            be in addition to any other authority provided by previous
            Acts.
        (b) Rules of Origin.--Section 202 of the United States-Mexico-
    Canada Agreement Implementation Act (19 U.S.C. 4531) is amended--
                (1) in subsection (c), by adding at the end the following:
                ``(3) Special rule for foreign-trade zones.--Paragraph
            (1)(B) shall not apply to a good produced in a foreign-trade
            zone or subzone established pursuant to the Act of June 18,
            1934 (commonly known as the `Foreign Trade Zones Act') (19
            U.S.C. 81a et seq.) that is entered for consumption in the
            customs territory of the United States.''; and
                (2) in subsection (f)(2)(E), by striking ``heading 1507,
            1508,'' and inserting ``any of headings 1501 through 1508''.
        (c) Drawbacks.--
                (1) In general.--Section 208 of the United States-Mexico-
            Canada Agreement Implementation Act (19 U.S.C. 4534) is amended
            by adding at the end the following:
        ``(e) Action on Claim.--
                ``(1) In general.--If the Commissioner of U.S. Customs and
            Border Protection determines that a claim of preferential
            tariff treatment has been made with respect to an article for
            which a claim described in paragraph (2) has been made, the
            Commissioner may make such adjustments regarding the previous
            customs treatment of the article as may be warranted.
                ``(2) Claims described.--A claim described in this
            paragraph is a claim for--
                        ``(A) a refund, waiver, or reduction of duty, under
                    any applicable provision of law; or
                        ``(B) a credit against a bond under section
                    312(d)(1) of the Tariff Act of 1930 (19 U.S.C.
                    1312(d)(1)).''.
                (2) Conforming amendments.--
                        (A) Tariff act of 1930.--The Tariff Act of 1930 is
                    amended--
                                (i) in section 311 (19 U.S.C. 1311), in the
                            11th undesignated paragraph, by striking
                            ``(subject to section 508(b)(2)(B))'' and
                            inserting ``(subject to section 208(e) of that
                            Act)'';
                                (ii) in section 312 (19 U.S.C. 1312), by
                            striking ``(subject to section 508(b)(2)(B))''
                            each place it appears and inserting ``(subject
                            to section 208(e) of that Act)'';
                                (iii) in section 313(n)(1)(C) (19 U.S.C.
                            1313(n)(1)(C)), by striking ``section
                            508(b)(2)(B)'' and inserting ``section 208(e)
                            of that Act''; and
                                (iv) in section 562(2)(B) (19 U.S.C.
                            1562(2)(B)), in the matter preceding clause
                            (i), by striking ``(subject to section
                            508(b)(2)(B))'' and inserting ``(subject to
                            section 208(e) of that Act)''.
                        (B) Foreign trade zones act.--Section 3(a) of the
                    Act of June 18, 1934 (commonly known as the ``Foreign
                    Trade Zones Act'') (19 U.S.C. 81c(a)) is amended in the
                    seventh proviso by striking ``(subject to section
                    508(b)(2)(B) of the Tariff Act of 1930)'' and inserting
                    ``(subject to section 208(e) of that Act)''.
        (d) Retention of Records.--
                (1) In general.--Section 508 of the Tariff Act of 1930 (19
            U.S.C. 1508) is amended by inserting after subsection (b) the
            following:
        ``(c) Period of Time.--The records required by subsection (a) shall
    be kept for such periods of time as the Secretary shall prescribe,
    except that--
                ``(1) no period of time for the retention of the records
            required under subsection (a) may exceed 5 years from the date
            of entry, filing of a reconciliation, or exportation, as
            appropriate; and
                ``(2) records for any drawback claim shall be kept until
            the 3rd anniversary of the date of liquidation of the claim.''.
                (2) Conforming amendment.--Section 313(r)(3)(B) of the
            Tariff Act of 1930 (19 U.S.C. 1313(r)(3)(B)) is amended by
            striking ``section 508(c)(3)'' and inserting ``section
            508(c)(2)''.
        (e) Reliquidation of Entries.--Section 520(d) of the Tariff Act of
    1930 (19 U.S.C. 1520(d)) is amended by striking ``(except with respect
    to any merchandise processing fees)''.
        (f) Protective Orders.--Section 777(f) of the Tariff Act of 1930
    (19 U.S.C. 1677f(f)) is amended--
                (1) in the subsection heading, by striking ``the the'' and
            inserting ``the''; and
                (2) in paragraph (1), by striking subparagraph (A) and
            inserting the following:
                        ``(A) In general.--If binational panel review of a
                    determination under this title is requested pursuant to
                    article 1904 of the United States-Canada Agreement or
                    article 10.12 of the USMCA, or an extraordinary
                    challenge committee is convened under Annex 1904.13 of
                    the United States-Canada Agreement or chapter 10 of the
                    USMCA, the administering authority or the Commission,
                    as appropriate, may make available to authorized
                    persons, under a protective order described in
                    paragraph (2), a copy of all proprietary material in
                    the administrative record made during the proceeding in
                    question. If the administering authority or the
                    Commission claims a privilege as to a document or
                    portion of a document in the administrative record of
                    the proceeding in question and a binational panel or
                    extraordinary challenge committee finds that in camera
                    inspection or limited disclosure of that document or
                    portion thereof is required by United States law, the
                    administering authority or the Commission, as
                    appropriate, may restrict access to such document or
                    portion thereof to the authorized persons identified by
                    the panel or committee as requiring access and may
                    require such persons to obtain access under a
                    protective order described in paragraph (2).''.
        (g) Dispute Settlement.--The table of contents for the United
    States-Mexico-Canada Agreement Implementation Act (Public Law 116-113;
    134 Stat. 11) is amended by striking the item relating to section 414
    and inserting the following:

    ``Sec. 414. Requests for review of determinations by competent
                                investigating authorities.''.
        (h) Effective Date.--This section and the amendments made by this
    section shall take effect on July 1, 2020.

    SEC. 602. TECHNICAL CORRECTIONS TO OTHER LAWS.

        (a) African Growth and Opportunity Act.--The African Growth and
    Opportunity Act is amended--
                (1) in section 112 (19 U.S.C. 3721)--
                        (A) in subsection (b)(5)(A), by striking ``Annex
                    401 to the NAFTA'' and inserting ``Annex 4-B of the
                    USMCA''; and
                        (B) in subsection (f), by striking paragraph (3)
                    and inserting the following:
                ``(3) USMCA.--The term `USMCA' has the meaning given that
            term in section 3 of the United States-Mexico-Canada Agreement
            Implementation Act (19 U.S.C. 4502).''; and
                (2) in section 113(b) (19 U.S.C. 3722(b))--
                        (A) in paragraph (1)--
                                (i) in subparagraph (A), by striking
                            ``Article 502(1) of the NAFTA'' and inserting
                            ``article 5.4.1 of the USMCA''; and
                                (ii) in subparagraph (B)(i), in the matter
                            following subclause (II), by striking ``chapter
                            5 of the NAFTA'' and inserting ``chapter 5 of
                            the USMCA''; and
                        (B) in paragraph (2), by striking ``Article 503 of
                    the NAFTA'' and inserting ``article 5.5 of the USMCA''.
        (b) Caribbean Basin Economic Recovery Act.--The Caribbean Basin
    Economic Recovery Act is amended--
                (1) in section 212(a)(1) (19 U.S.C. 2702(a)(1)), by
            striking subparagraph (D) and inserting the following:
                ``(D) The term `USMCA' has the meaning given that term in
            section 3 of the United States-Mexico-Canada Agreement
            Implementation Act (19 U.S.C. 4502).'';
                (2) in section 213(b) (19 U.S.C. 2703(b))--
                        (A) in paragraph (2)--
                                (i) in subparagraph (A)--
                                        (I) in clause (v)(I), by striking
                                    ``Annex 401 of the NAFTA'' and
                                    inserting ``Annex 4-B of the USMCA'';
                                    and
                                        (II) in clause (vii)(IV)--
                                                (aa) by striking ``from a
                                            country'' and inserting the
                                            following: ``from--
                                                ``(aa) a country'';
                                                (bb) by striking the period
                                            at the end and inserting ``;
                                            or''; and
                                                (cc) by adding at the end
                                            the following:
                                                ``(bb) a USMCA country (as
                                            defined in section 3 of the
                                            United States-Mexico-Canada
                                            Agreement Implementation Act
                                            (19 U.S.C. 4502)).''; and
                                (ii) in subparagraph (C), by striking
                            ``section 2.3(a), (b), or (c) of the Annex or
                            Appendix 3.1.B.11 of the Annex'' and inserting
                            ``article 6.2 of the USMCA'';
                        (B) in paragraph (3)(A)(i), by striking ``Annex
                    302.2 of the NAFTA'' and inserting ``Annex 2-B of the
                    USMCA'';
                        (C) in paragraph (4)--
                                (i) in subparagraph (A)--
                                        (I) in clause (i), by striking
                                    ``Article 502(1) of the NAFTA'' and
                                    inserting ``article 5.4.1 of the
                                    USMCA''; and
                                        (II) in clause (ii)(I), in the
                                    matter following item (bb), by striking
                                    ``chapter 5 of the NAFTA'' and
                                    inserting ``chapter 5 of the USMCA'';
                                    and
                                (ii) in subparagraph (B), by striking
                            ``Article 503 of the NAFTA'' and inserting
                            ``article 5.5 of the USMCA''; and
                        (D) in paragraph (5)--
                                (i) in subparagraph (A), by striking
                            ``NAFTA'' and inserting ``North American Free
                            Trade Agreement entered into between the United
                            States, Mexico, and Canada on December 17,
                            1992''; and
                                (ii) in subparagraph (C), by striking
                            ``NAFTA'' each place it appears and inserting
                            ``USMCA''; and
                (3) in section 213A(b) (19 U.S.C. 2703a(b))--
                        (A) in paragraph (1)(B)(vii)(I)(aa), by striking
                    ``Annex 401 of the NAFTA'' and inserting ``Annex 4-B of
                    the USMCA''; and
                        (B) in paragraph (5)(A)(i), by striking ``Annex 401
                    of the NAFTA'' and inserting ``Annex 4-B of the
                    USMCA''.
        (c) Trade Facilitation and Trade Enforcement Act of 2015.--Section
    403 of the Trade Facilitation and Trade Enforcement Act of 2015 (19
    U.S.C. 4362) is amended by striking ``article 1902 of the North
    American Free Trade Agreement and section 408 of the North American
    Free Trade Agreement Implementation Act (19 U.S.C. 3438)'' and
    inserting ``article 10.10 of the USMCA (as defined in section 3 of the
    United States-Mexico-Canada Agreement Implementation Act (19 U.S.C.
    4502)) and section 418 of the United States-Mexico-Canada Agreement
    Implementation Act (19 U.S.C. 4588)''.
        (d) Title 35, United States Code.--Section 11 of title 35, United
    States Code, is amended--
                (1) by striking ``The Director'' and inserting ``(a) In
            General.--The Director'';
                (2) by striking ``other than a NAFTA country'' and
            inserting ``other than a USMCA country''; and
                (3) by striking the third sentence and inserting the
            following:
        ``(b) Definitions.--In this section--
                ``(1) the term `USMCA country' has the meaning given that
            term in section 3 of the United States-Mexico-Canada Agreement
            Implementation Act (19 U.S.C. 4502); and
                ``(2) the term `WTO member country' has the meaning given
            that term in section 2(10) of the Uruguay Round Agreements Act
            (19 U.S.C. 3501(10)).''.
        (e) Energy Policy Act of 1992.--Section 1011(b) of the Energy
    Policy Act of 1992 (42 U.S.C. 2296b(b)) is amended by striking ``North
    American Free Trade Agreement'' and inserting ``USMCA (as defined in
    section 3 of the United States-Mexico-Canada Agreement Implementation
    Act (19 U.S.C. 4502))''.
        (f) Trade Agreements Act of 1979.--Section 493(a)(5)(D) of the
    Trade Agreements Act of 1979 (19 U.S.C. 2578b(a)(5)(D)) is amended by
    striking ``the NAFTA countries (as defined in section 2(4) of the North
    American Free Trade Agreement Implementation Act)'' and inserting ``the
    USMCA countries (as defined in section 3 of the United States-Mexico-
    Canada Agreement Implementation Act (19 U.S.C. 4502))''.
        (g) Effective Date.--This section and the amendments made by this
    section shall take effect on July 1, 2020.

             TITLE VII--DEPUTY ARCHITECT OF THE CAPITOL AMENDMENTS

    SEC. 701. ARCHITECT OF THE CAPITOL.

        (a) Delegation of Authority.--The matter under the heading ``Office
    of the Architect of the Capitol'' under the heading ``ARCHITECT OF THE
    CAPITOL'' of the Legislative Appropriation Act, 1956 (2 U.S.C. 1803) is
    amended by striking ``delegate to the assistants'' and all that follows
    through ``2003'' and inserting ``delegate the duties and authorities of
    the Architect to officers and employees of the Office of the Architect
    of the Capitol, as the Architect determines appropriate''.
        (b) Deputy Architect of the Capitol.--Section 1203 of title I of
    division H of the Consolidated Appropriations Resolution, 2003 (2
    U.S.C. 1805) is amended--
                (1) in the section heading, by striking ``Capitol/Chief
            Operating Officer'' and inserting ``Capitol'';
                (2) in subsection (a), by striking ``There shall be'' and
            all that follows and inserting ``The Architect of the Capitol
            shall appoint a suitable individual to be the Deputy Architect
            of the Capitol. The Architect may delegate to the Deputy
            Architect such duties as the Architect determines are necessary
            or appropriate.'';
                (3) by striking subsections (b) through (g);
                (4) by redesignating subsection (h) as subsection (b); and
                (5) by striking subsections (i) and (j).

       TITLE VIII--PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE AMENDMENTS

    SEC. 801. AMENDMENTS TO THE PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE.

        (a) Appropriations.--
                (1) In general.--Title V of division B of the Coronavirus
            Aid, Relief, and Economic Security Act (Public Law 116-136) is
            amended in the matter under the heading ``Pandemic Response
            Accountability Committee'' under the heading ``INDEPENDENT
            AGENCIES'' by striking ``funds provided in'' and inserting
            ``covered funds and the Coronavirus response as provided in
            section 15010 of''.
                (2) Emergency designation.--The amounts repurposed in 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
            251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
            Control Act of 1985.
        (b) Definition of Covered Funds.--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 (A), by striking ``this Act'' and
            inserting ``the Coronavirus Aid, Relief, and Economic Security
            Act (divisions A and B)'';
                (2) in subparagraph (C), by striking ``or'' at the end; and
                (3) by striking subparagraph (D) and inserting the
            following:
                        ``(D) the Paycheck Protection Program and Health
                    Care Enhancement Act (Public Law 116-139); or
                        ``(E) divisions M and N of the Consolidated
                    Appropriations Act, 2021; and''.

        TITLE IX--ADJUSTMENT OF STATUS FOR LIBERIAN NATIONALS EXTENSION

    SEC. 901. EXTENSION OF PERIOD FOR ADJUSTMENT OF STATUS FOR CERTAIN
                  LIBERIAN NATIONALS.

        Section 7611(b)(1)(A) of the National Defense Authorization Act for
    Fiscal Year 2020 (Public Law 116-92) is amended by striking ``1 year''
    and inserting ``2 years''.

                     TITLE X--CLEAN UP THE CODE ACT OF 2019

    SEC. 1001. SHORT TITLE.

        This title may be cited as the ``Clean Up the Code Act of 2019''.

    SEC. 1002. REPEALS.

        The following provisions of title 18, United States Code, are
    repealed:
                (1) Section 46 relating to transportation of water
            hyacinths.
                (2) Section 511A relating to unauthorized application of
            theft prevention decal or device.
                (3) Section 707 relating to 4-H club emblem fraudulently
            used.
                (4) Section 708 relating to Swiss Confederation coat of
            arms.
                (5) Section 711 relating to ``Smokey Bear'' character or
            name.
                (6) Section 711a relating to ``Woodsy Owl'' character,
            name, or slogan.
                (7) Section 715 relating to ``The Golden Eagle Insignia''.
                (8) Chapter 89--Professions and Occupations.
                (9) Section 1921 relating to receiving Federal employees'
            compensation after marriage.

    SEC. 1003. CLERICAL AMENDMENTS.

        (a) Table of Chapters for Part I of Title 18.--The table of
    chapters for part I of title 18, United States Code, is amended by
    striking the item relating to chapter 89.
        (b) Table of Sections for Chapter 3.--The table of sections for
    chapter 3 of title 18, United States Code, is amended by striking the
    item relating to section 46.
        (c) Table of Sections for Chapter 25.--The table of sections for
    chapter 25 of title 18, United States Code, is amended by striking the
    item relating to section 511A.
        (d) Table of Sections for Chapter 33.--The table of sections for
    chapter 33 of title 18, United States Code, is amended--
                (1) by striking the item relating to section 707;
                (2) by striking the item relating to section 708;
                (3) by striking the item relating to section 711;
                (4) by striking the item relating to section 711a; and
                (5) by striking the item relating to section 715.
        (e) Table of Sections for Chapter 93.--The table of sections for
    chapter 93 of title 18, United States Code, is amended by striking the
    item relating to section 1921.

       TITLE XI--AMENDMENTS TO PROVISIONS RELATING TO CHILD CARE CENTERS

    SEC. 1101. PROVISIONS RELATING TO CHILD CARE CENTERS.

        (a) Senate Employee Child Care Center.--Section 19001 of the
    Coronavirus Aid, Relief, and Economic Security Act (2 U.S.C. 2063 note)
    is amended--
                (1) by striking ``The Secretary'' and all that follows
            through ``per month,'' and inserting the following:
        ``(a)  Reimbursements.--During the period beginning on July 1, 2020
    and ending on the termination date of the public health emergency
    declared pursuant to section 319 of the Public Health Service Act (42
    U.S.C. 247d) resulting from the COVID-19 pandemic, the Secretary of the
    Senate shall reimburse the Senate Employee Child Care Center for
    expenses, due to measures taken in the Capitol complex to combat
    coronavirus, as calculated under subsection (b) and''; and
                (2) by adding at the end the following:
        ``(b) Amount.--The amount of the reimbursement under this section
    for each month of the period described in subsection (a) shall be equal
    to the difference between--
                ``(1) the lesser of--
                        ``(A) the amount of the operating costs (including
                    payroll, general, and administrative expenses) of the
                    Center for such month; or
                        ``(B) $105,000; and
                ``(2) the amount of tuition payments collected by the
            Center for such month.''.
        (b) Little Scholars Child Development Center.--Section 19004 of the
    Coronavirus Aid, Relief, and Economic Security Act (2 U.S.C. 162b note)
    is amended--
                (1) by striking ``The Library of Congress'' and all that
            follows through ``per month,'' and inserting the following:
        ``(a)  Reimbursements.--During the period beginning on the date of
    enactment of the Consolidated Appropriations Act, 2021 and ending on
    the termination date of the public health emergency declared pursuant
    to section 319 of the Public Health Service Act (42 U.S.C. 247d)
    resulting from the COVID-19 pandemic, the Library of Congress shall
    reimburse the Little Scholars Child Development Center for expenses,
    due to measures taken in the Capitol complex to combat coronavirus, as
    calculated under subsection (b) and''; and
                (2) by adding at the end the following:
        ``(b) Amount.--The amount of the reimbursement under this section
    for each month of the period described in subsection (a) shall be equal
    to the difference between--
                ``(1) the lesser of--
                        ``(A) the amount of the operating costs (including
                    payroll, general, and administrative expenses) of the
                    Center for such month; or
                        ``(B) $118,500; and
                ``(2) the amount of tuition payments collected by the
            Center for such month.''.
                (3) Tiny findings child development center.--Section 19009
            of the Coronavirus Aid, Relief, and Economic Security Act
            (Public Law 116-136; 134 Stat. 579) is amended--
                        (A) by striking ``The Government'' and all that
                    follows through ``per month,'' and inserting the
                    following:
        ``(a)  Reimbursements.--During the period beginning on the date of
    enactment of the Consolidated Appropriations Act, 2021 and ending on
    the termination date of the public health emergency declared pursuant
    to section 319 of the Public Health Service Act (42 U.S.C. 247d)
    resulting from the COVID-19 pandemic, the Government Accountability
    Office shall reimburse the Tiny Findings Child Development Center for
    expenses, due to measures taken in the Capitol complex to combat
    coronavirus, as calculated under subsection (b) and''; and
                        (B) by adding at the end the following:
        ``(b) Amount.--The amount of the reimbursement under this section
    for each month of the period described in subsection (a) shall be equal
    to the difference between--
                ``(1) the lesser of--
                        ``(A) the amount of the operating costs (including
                    payroll, general, and administrative expenses) of the
                    Center for such month; or
                        ``(B) $162,500; and
                ``(2) the amount of tuition payments collected by the
            Center for such month.''.

                      TITLE XII--ALASKA NATIVES EXTENSION

    SEC. 1201. ALASKA NATIVES.

        Section 424(a) of the Consolidated Appropriations Act, 2014 (Public
    Law 113-76), as amended by section 428 of the Consolidated
    Appropriations Act, 2018 (Public Law 115-141), shall be applied by
    substituting ``October 1, 2022'' for ``October 1, 2019''.

       TITLE XIII--OPEN TECHNOLOGY FUND OPPORTUNITY TO CONTEST PROPOSED
                                   DEBARMENT

    SEC. 1301. OPEN TECHNOLOGY FUND OPPORTUNITY TO CONTEST PROPOSED
                  DEBARMENT.

        (a) Effective Date.--Section 1299Q of the William M. (Mac)
    Thornberry National Defense Authorization Act for Fiscal Year 2021 is
    amended by adding at the end the following:
        ``(g) Effective Date.--This section and the amendments made by this
    section shall take effect on the date that is 90 days after the date of
    the enactment of this Act.''.
        (b) Open Technology Fund Opportunity to Contest Proposed
    Debarment.--Notwithstanding any provision of law or regulation,
    including section 513.313 of title 22, Code of Federal Regulations, in
    any debarment proceeding concerning the Open Technology Fund that is
    initiated prior to the date of enactment of this Act, the Open
    Technology Fund shall have 90 calendar days after receipt of any notice
    of proposed debarment to submit, in person, in writing, or through a
    representative, information and argument in opposition to the proposed
    debarment, before such proposed debarment may proceed to additional
    proceedings or decision.

                          TITLE XIV--BUDGETARY EFFECTS

    SEC. 1401. BUDGETARY EFFECTS.

        (a) Statutory PAYGO Scorecards.--The budgetary effects of division
    N, this division, and each succeeding division, except for title VIII
    of division O and title XIII of division FF, 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 division N,
    this division, and each succeeding division, except for title VIII of
    division O and title XIII of division FF, 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 budgetary effects of division N, this
    division, and each succeeding division, except for title VIII of
    division O and title XIII of division FF, shall not be estimated--
                (1) for purposes of section 251 of such Act; and
                (2) 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.
        (d) Balances on the PAYGO Scorecards.--Effective on the date of the
    adjournment of the second session of the 116th Congress, and for the
    purposes of the annual report issued pursuant to section 5 of the
    Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) after such
    adjournment and for determining whether a sequestration order is
    necessary under such section, the balances on the PAYGO scorecards
    established pursuant to paragraphs (4) and (5) of section 4(d) of such
    Act shall be zero.

         DIVISION P--NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020

    SEC. 1. SHORT TITLE.

        This division may be cited as the ``National Bio and Agro-Defense
    Facility Act of 2020''.

    SEC. 2. DEFINITIONS.

        In this Act:
                (1) Animal.--The term ``animal'' has the meaning given the
            term in section 10403 of the Animal Health Protection Act (7
            U.S.C. 8302).
                (2) Transboundary disease.--The term ``transboundary
            disease'' has the meaning given the term in section 12203(a) of
            the Agriculture Improvement Act of 2018 (7 U.S.C. 8914(a)).
                (3) Veterinary countermeasure.--The term ``veterinary
            countermeasure'' has the meaning given the term in section
            10403 of the Animal Health Protection Act (7 U.S.C. 8302).

    SEC. 3. NATIONAL BIO AND AGRO-DEFENSE FACILITY.

        (a) In General.--The National Bio and Agro-Defense Facility shall
    be a national security laboratory asset to provide integrated research,
    development, and test and evaluation infrastructure to improve
    preparedness and response capabilities to prevent, detect, respond to,
    or mitigate harm resulting from animal pests or diseases and zoonotic
    diseases for the purpose of defending the United States against bio-
    and agro-threats, whether naturally occurring or intentional.
        (b) Mission.--Pursuant to subsection (a), the mission of the
    National Bio and Agro-Defense Facility shall be to protect the food
    supply, agriculture, and public health of the United States, including
    by--
                (1) integrating agricultural, zoonotic disease, and other
            research, as appropriate;
                (2) addressing threats from high-consequence zoonotic
            disease agents, emerging foreign animal diseases, and animal
            transboundary diseases;
                (3) addressing biological threats;
                (4) ensuring that research conducted at the National Bio
            and Agro-Defense Facility addresses gaps that fall between the
            ongoing animal and zoonotic disease research efforts across the
            Federal Government and does not duplicate those ongoing
            efforts;
                (5) facilitating, integrating, and coordinating the
            development and implementation of the strategic plan for
            research under section 4(a)(2), relating to protection of the
            food supply, agriculture, and public health of the United
            States;
                (6) providing appropriate education and training to prepare
            for and respond to bio- and agro-defense threats;
                (7) sharing data and related information with appropriate
            Federal departments or agencies, as requested by the heads of
            those departments or agencies, or as necessary, to support
            biological material threat assessments; and
                (8) sharing data and related information, and developing
            strategic partnerships, to enhance the carrying out of the
            duties of the National Bio and Agro-Defense Facility for the
            development of priority zoonotic animal disease diagnostics,
            vaccines, drugs, and other countermeasures.

    SEC. 4. EVALUATION AND RESEARCH PLAN.

        (a) In General.--Not less frequently than biennially, the Secretary
    of Agriculture, in coordination with the Secretary of Homeland Security
    and the heads of other appropriate Federal departments and agencies,
    shall--
                (1) evaluate the work of the National Bio and Agro-Defense
            Facility;
                (2) develop, biennially update, and publish a strategic
            plan for research at the National Bio and Agro-Defense Facility
            based on priority risk and threat assessments, including
            strategies to--
                        (A) develop veterinary countermeasures for emerging
                    foreign animal diseases and animal transboundary
                    diseases;
                        (B) provide advanced testing, diagnostic, and
                    evaluation capabilities for threat detection,
                    vulnerability assessments of animal and zoonotic
                    diseases, and veterinary countermeasures for animal and
                    zoonotic diseases;
                        (C) assist, as appropriate, with the development,
                    and address vulnerability assessments, of the
                    agriculture and food sectors;
                        (D) address gaps in the ongoing animal and zoonotic
                    disease research efforts across the Federal Government,
                    ensuring not to duplicate those ongoing efforts; and
                        (E) be used for such other purposes as the
                    Secretary of Agriculture, in consultation with the
                    Secretary of Homeland Security and the heads of other
                    appropriate Federal departments and agencies,
                    determines to be appropriate; and
                (3) submit to the Committee on Agriculture, Nutrition, and
            Forestry of the Senate, the Committee on Homeland Security and
            Governmental Affairs of the Senate, the Committee on
            Agriculture of the House of Representatives, and the Committee
            on Homeland Security of the House of Representatives, the
            strategic plan for research described in paragraph (2).
        (b) Classified Information.--The strategic plan for research
    required under subsection (a)(2)--
                (1) shall be published in an unclassified format that is
            publicly available;
                (2) shall be submitted under subsection (a)(3) in
            unclassified form; and
                (3) may include in the submission under subsection (a)(3) a
            classified annex for any sensitive or classified information,
            as necessary.

    SEC. 5. AVAILABILITY OF DATA AND CONGRESSIONAL BRIEFINGS.

        (a) In General.--Every 6 months until the date described in
    subsection (b), the Secretary of Agriculture, the Secretary of Homeland
    Security, and the heads of other appropriate Federal departments and
    agencies, as appropriate, shall provide to the Committees on
    Agriculture, Nutrition, and Forestry and Homeland Security and
    Governmental Affairs of the Senate and the Committees on Agriculture
    and Homeland Security of the House of Representatives a report and
    briefing describing--
                (1) progress under each phase described in the memorandum
            of agreement entitled ``Memorandum of Agreement Between the
            U.S. Department of Agriculture Marketing and Regulatory
            Programs, the U.S. Department of Agriculture Research,
            Education, and Economics, and the Department of Homeland
            Security Science and Technology Directorate'' and dated June
            20, 2019, that is not completed as of the date of enactment of
            this Act;
                (2) the status of the actions taken pursuant to the areas
            of collaborative opportunity and responsibilities as described
            in the memorandum of understanding entitled ``Memorandum of
            Understanding Between the U.S. Department of Agriculture
            Marketing and Regulatory Programs, the U.S. Department of
            Agriculture Research, Education, and Economics, and the
            Department of Homeland Security Science and Technology
            Directorate for National Bio and Agro-Defense Facility
            Collaboration'' and dated January 7, 2020; and
                (3) the operations and mission of the National Bio and
            Agro-Defense Facility, including the coordination and carrying
            out of--
                        (A) the memorandum of agreement and memorandum of
                    understanding described in paragraphs (1) and (2),
                    respectively;
                        (B) any successor memoranda of agreement or
                    understanding to the memorandum of agreement and
                    memorandum of understanding described in paragraphs (1)
                    and (2), respectively;
                        (C) any similar joint agreement or understanding
                    between the Department of Agriculture and the
                    Department of Homeland Security, or other relevant
                    agencies, that documents the biodefense mission of the
                    National Bio and Agro-Defense Facility; and
                        (D) research, including a description of the users
                    of the National Bio and Agro-Defense Facility.
        (b) Termination.--The reporting and briefing requirements under
    subsection (a) shall terminate on the date that is 5 years after the
    date on which the National Bio and Agro-Defense Facility attains full
    operating capability.

    SEC. 6. BUDGET AND REPORT.

        (a) Budget.--Concurrently with each budget submission to the
    Director of the Office of Management and Budget, the Secretary of
    Agriculture, the Secretary of Homeland Security, and the heads of other
    appropriate Federal departments and agencies, as required by Homeland
    Security Presidential Directive 9, shall jointly submit to the Director
    of the Office of Management and Budget an integrated budget plan for
    the defense and protection of the food supply of the United States,
    including the operation and use of the National Bio and Agro-Defense
    Facility.
        (b) Report.--Not later than 60 days after the date on which the
    budget of the United States Government is submitted by the President
    under section 1105 of title 31, United States Code, for each fiscal
    year, the Secretary of Agriculture, the Secretary of Homeland Security,
    and the heads of other appropriate Federal departments and agencies
    shall jointly submit to Congress a report describing an integrated
    budget plan described in subsection (a), which shall be consistent with
    the budget submission of the President under that section for the
    defense and protection of the food supply of the United States,
    including the operation and use of the National Bio and Agro-Defense
    Facility.

    SEC. 7. EFFECT ON OTHER AUTHORITIES.

        Nothing in this Act affects the authority of the Secretary of
    Agriculture or the Secretary of Homeland Security under any other
    provision of law or program relating to the protection of food
    supplies, agriculture, or public health.

      DIVISION Q--FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY

                     TITLE I--FINANCIAL SERVICES PROVISIONS

    SEC. 101. CARBON MONOXIDE ALARMS OR DETECTORS IN FEDERALLY ASSISTED
                  HOUSING.

        (a) Findings.--Congress finds that--
                (1) carbon monoxide alarms are not required by federally
            assisted housing programs, when not required by State or local
            codes;
                (2) numerous federally assisted housing residents have lost
            their lives due to carbon monoxide poisoning;
                (3) the effects of carbon monoxide poisoning occur
            immediately and can result in death in a matter of minutes;
                (4) carbon monoxide exposure can cause permanent brain
            damage, life-threatening cardiac complications, fetal death or
            miscarriage, and death, among other harmful health conditions;
                (5) carbon monoxide poisoning is especially dangerous for
            unborn babies, children, elderly individuals, and individuals
            with cardiovascular disease, among others with chronic health
            conditions;
                (6) the majority of the 4,600,000 families receiving
            Federal housing assistance are families with young children,
            elderly individuals, or individuals with disabilities, making
            them especially vulnerable to carbon monoxide poisoning;
                (7) more than 400 people die and 50,000 additional people
            visit the emergency room annually as a result of carbon
            monoxide poisoning;
                (8) carbon monoxide poisoning is entirely preventable and
            early detection is possible with the use of carbon monoxide
            alarms;
                (9) the Centers for Disease Control and Prevention warns
            that carbon monoxide poisoning is entirely preventable and
            recommends the installation of carbon monoxide alarms;
                (10) the Office of Lead Hazard Control and Healthy Homes of
            the Department of Housing and Urban Development recommends the
            installation of carbon monoxide alarms as a best practice to
            keep families and individuals safe and to protect health; and
                (11) in order to safeguard the health and well-being of
            tenants in federally assisted housing, the Federal Government
            should consider best practices for primary prevention of carbon
            monoxide-related incidents.
        (b) Public Housing, Tenant-based Assistance, and Project-based
    Assistance.--The United States Housing Act of 1937 (42 U.S.C. 1437 et
    seq.) is amended--
                (1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the
            end the following:
                ``(8) Carbon monoxide alarms.--Each public housing agency
            shall ensure that carbon monoxide alarms or detectors are
            installed in each dwelling unit in public housing owned or
            operated by the public housing agency in a manner that meets or
            exceeds--
                        ``(A) the standards described in chapters 9 and 11
                    of the 2018 publication of the International Fire Code,
                    as published by the International Code Council; or
                        ``(B) any other standards as may be adopted by the
                    Secretary, including any relevant updates to the
                    International Fire Code, through a notice published in
                    the Federal Register.''; and
                (2) in section 8 (42 U.S.C. 1437f)--
                        (A) by inserting after subsection (i) the
                    following:
        ``(j) Carbon Monoxide Alarms.--Each owner of a dwelling unit
    receiving project-based assistance under this section shall ensure that
    carbon monoxide alarms or detectors are installed in the dwelling unit
    in a manner that meets or exceeds--
                ``(1) the standards described in chapters 9 and 11 of the
            2018 publication of the International Fire Code, as published
            by the International Code Council; or
                ``(2) any other standards as may be adopted by the
            Secretary, including any relevant updates to the International
            Fire Code, through a notice published in the Federal
            Register.''; and
                        (B) in subsection (o), by adding at the end the
                    following:
                ``(21) Carbon monoxide alarms.--Each dwelling unit
            receiving tenant-based assistance or project-based assistance
            under this subsection shall have carbon monoxide alarms or
            detectors installed in the dwelling unit in a manner that meets
            or exceeds--
                        ``(A) the standards described in chapters 9 and 11
                    of the 2018 publication of the International Fire Code,
                    as published by the International Code Council; or
                        ``(B) any other standards as may be adopted by the
                    Secretary, including any relevant updates to the
                    International Fire Code, through a notice published in
                    the Federal Register.''.
        (c) Supportive Housing for the Elderly.--Section 202(j) of the
    Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the
    end the following:
                ``(9) Carbon monoxide alarms.--Each owner of a dwelling
            unit assisted under this section shall ensure that carbon
            monoxide alarms or detectors are installed in the dwelling unit
            in a manner that meets or exceeds--
                        ``(A) the standards described in chapters 9 and 11
                    of the 2018 publication of the International Fire Code,
                    as published by the International Code Council; or
                        ``(B) any other standards as may be adopted by the
                    Secretary, including any relevant updates to the
                    International Fire Code, through a notice published in
                    the Federal Register.''.
        (d) Supportive Housing for Persons With Disabilities.--Section
    811(j) of the Cranston-Gonzalez National Affordable Housing Act (42
    U.S.C. 8013(j)) is amended by adding at the end the following:
                ``(7) Carbon monoxide alarms.--Each dwelling unit assisted
            under this section shall contain installed carbon monoxide
            alarms or detectors that meet or exceed--
                        ``(A) the standards described in chapters 9 and 11
                    of the 2018 publication of the International Fire Code,
                    as published by the International Code Council; or
                        ``(B) any other standards as may be adopted by the
                    Secretary, including any relevant updates to the
                    International Fire Code, through a notice published in
                    the Federal Register.''.
        (e) Housing Opportunities for Persons With AIDS.--Section 856 of
    the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12905)
    is amended by adding at the end the following new subsection:
                                ``(i) Carbon monoxide alarms.--Each
                            dwelling unit assisted under this subtitle
                            shall contain installed carbon monoxide alarms
                            or detectors that meet or exceed--
                ``(1) the standards described in chapters 9 and 11 of the
            2018 publication of the International Fire Code, as published
            by the International Code Council; or
                ``(2) any other standards as may be adopted by the
            Secretary, including any relevant updates to the International
            Fire Code, through a notice published in the Federal
            Register.''.
        (f) Rural Housing.--Title V of the Housing Act of 1949 (42 U.S.C.
    1471 et seq.) is amended--
                (1) in section 514 (42 U.S.C. 1484), by adding at the end
            the following:
        ``(j) Housing and related facilities constructed with loans under
    this section shall contain installed carbon monoxide alarms or
    detectors that meet or exceed--
                ``(1) the standards described in chapters 9 and 11 of the
            2018 publication of the International Fire Code, as published
            by the International Code Council; or
                ``(2) any other standards as may be adopted by the
            Secretary, in collaboration with the Secretary of Housing and
            Urban Development, including any relevant updates to the
            International Fire Code, through a notice published in the
            Federal Register.''; and
                (2) in section 515(m) (42 U.S.C. 1485(m))--
                        (A) by inserting ``(1)'' before ``The Secretary
                    shall establish''; and
                        (B) by adding at the end the following:
                ``(2) Housing and related facilities rehabilitated or
            repaired with amounts received under a loan made or insured
            under this section shall contain installed carbon monoxide
            alarms or detectors that meet or exceed--
                        ``(A) the standards described in chapters 9 and 11
                    of the 2018 publication of the International Fire Code,
                    as published by the International Code Council; or
                        ``(B) any other standards as may be adopted by the
                    Secretary, in collaboration with the Secretary of
                    Housing and Urban Development, including any relevant
                    updates to the International Fire Code, through a
                    notice published in the Federal Register.''.
        (g) Guidance.--The Secretary of Housing and Urban Development shall
    provide guidance to public housing agencies (as defined in section
    3(b)(6) of the United States Housing Act of 1937 (42 U.S.C.
    1437a(b)(6)) on how to educate tenants on health hazards in the home,
    including to carbon monoxide poisoning, lead poisoning, asthma induced
    by housing-related allergens, and other housing-related preventable
    outcomes, to help advance primary prevention and prevent future deaths
    and other harms.
        (h) Effective Date.--The amendments made by subsections (b) through
    (e) shall take effect on the date that is 2 years after the date of
    enactment of this Act.
        (i) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section and the amendments made by this
    section, $101,400,000 per year for each of fiscal years 2021, 2022, and
    2023.
        (j) No Preemption.--Nothing in the amendments made by this section
    shall be construed to preempt or limit the applicability of any State
    or local law relating to the installation and maintenance of carbon
    monoxide alarms or detectors in housing that requires standards that
    are more stringent than the standards described in the amendments made
    by this section.
        (k) Study on Inclusion of Carbon Monoxide Alarms or Detectors in
    Other Units.--The Secretary of Housing and Urban Development, in
    consultation with the Consumer Product Safety Commission, shall conduct
    a study and issue a publicly available report on requiring carbon
    monoxide alarms or detectors in federally assisted housing that is not
    covered in the amendments made by this section.

    SEC. 102. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY DESIGNATED
                  HOUSING ENTITIES IN CONTINUUM OF CARE PROGRAM.

        (a) In General.--Title IV of the McKinney-Vento Homeless Assistance
    Act (42 U.S.C. 11360 et seq.) is amended--
                (1) in section 401 (42 U.S.C. 11360)--
                        (A) by redesignating paragraphs (10) through (33)
                    as paragraphs (12) through (35), respectively;
                        (B) by redesignating paragraphs (8) and (9) as
                    paragraphs (9) and (10), respectively;
                        (C) by inserting after paragraph (7) the following:
                ``(8) Formula area.--The term `formula area' has the
            meaning given the term in section 1000.302 of title 24, Code of
            Federal Regulations, or any successor regulation.'';
                        (D) in paragraph (9), as so redesignated, by
                    inserting ``a formula area,'' after ``nonentitlement
                    area,''; and
                        (E) by inserting after paragraph (10), as so
                    redesignated, the following:
                ``(11) Indian tribe.--The term `Indian Tribe' has the
            meaning given the term `Indian tribe' in section 4 of the
            Native American Housing Assistance and Self-Determination Act
            of 1996 (25 U.S.C. 4103).''; and
                (2) in subtitle C (42 U.S.C. 11381 et seq.), by adding at
            the end the following:

    ``SEC. 435. INDIAN TRIBES AND TRIBALLY DESIGNATED HOUSING ENTITIES.

        ``Notwithstanding any other provision of this title, for purposes
    of this subtitle, an Indian Tribe or tribally designated housing entity
    (as defined in section 4 of the Native American Housing Assistance and
    Self-Determination Act of 1996 (25 U.S.C. 4103)) may--
                ``(1) be a collaborative applicant or eligible entity; or
                ``(2) receive grant amounts from another entity that
            receives a grant directly from the Secretary, and use the
            amounts in accordance with this subtitle.''.
        (b) Technical and Conforming Amendment.--The table of contents in
    section 101(b) of the McKinney-Vento Homeless Assistance Act (Public
    Law 100-77; 101 Stat. 482) is amended by inserting after the item
    relating to section 434 the following:

    ``Sec. 435. Indian Tribes and tribally designated housing entities.''.

    SEC. 103. FOSTERING STABLE HOUSING OPPORTUNITIES.

        (a) Definition of Family.--Subparagraph (A) of section 3(b)(3) of
    the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(A)) is
    amended--
                (1) in the first sentence--
                        (A) by striking ``(v)'' and inserting ``(vi)''; and
                        (B) by inserting after ``tenant family,'' the
                    following: ``(v) a youth described in section
                    8(x)(2)(B),''; and
                (2) in the second sentence, by inserting ``or (vi)'' after
            ``clause (v)''.
        (b) Housing Choice Vouchers for Fostering Stable Housing
    Opportunities.--
                (1) Assistance for youth aging out of foster care.--Section
            8(x) of the United States Housing Act of 1937 (42 U.S.C.
            1437f(x)) is amended--
                        (A) in paragraph (2), by inserting ``subject to
                    paragraph (5),'' after ``(B)'';
                        (B) in paragraph (3)--
                                (i) By striking ``(3) Allocation.--The''
                            and inserting the following:
                ``(3) Allocation.--
                        ``(A) In general.--The''; and
                                (ii) by adding at the end the following new
                            subparagraph:
                        ``(B) Assistance for youth aging out of foster
                    care.--Notwithstanding any other provision of law, the
                    Secretary shall, subject only to the availability of
                    funds, allocate such assistance to any public housing
                    agencies that (i) administer assistance pursuant to
                    paragraph (2)(B), or seek to administer such
                    assistance, consistent with procedures established by
                    the Secretary, (ii) have requested such assistance so
                    that they may provide timely assistance to eligible
                    youth, and (iii) have submitted to the Secretary a
                    statement describing how the agency will connect
                    assisted youths with local community resources and
                    self-sufficiency services, to the extent they are
                    available, and obtain referrals from public child
                    welfare agencies regarding youths in foster care who
                    become eligible for such assistance.'';
                        (C) by redesignating paragraph (5) as paragraph
                    (6); and
                        (D) by inserting after paragraph (4) the following
                    new paragraph:
                ``(5) Requirements for assistance for youth aging out of
            foster care.--Assistance provided under this subsection for an
            eligible youth pursuant to paragraph (2)(B) shall be subject to
            the following requirements:
                        ``(A) Requirements to extend assistance.--
                                ``(i) Participation in family self-
                            sufficiency.--In the case of a public housing
                            agency that is providing such assistance under
                            this subsection on behalf of an eligible youth
                            and that is carrying out a family self-
                            sufficiency program under section 23, the
                            agency shall, subject only to the availability
                            of such assistance, extend the provision of
                            such assistance for up to 24 months beyond the
                            period referred to in paragraph (2)(B), but
                            only during such period that the youth is in
                            compliance with the terms and conditions
                            applicable under section 23 and the regulations
                            implementing such section to a person
                            participating in a family self-sufficiency
                            program.
                                ``(ii) Education, workforce development, or
                            employment.--In the case of a public housing
                            agency that is providing such assistance under
                            this subsection on behalf of an eligible youth
                            and that is not carrying out a family self-
                            sufficiency program under section 23, or is
                            carrying out such a program in which the youth
                            has been unable to enroll, the agency shall,
                            subject only to the availability of such
                            assistance, extend the provision of such
                            assistance for two successive 12-month periods,
                            after the period referred to in paragraph
                            (2)(B), but only if for not less than 9 months
                            of the 12-month period preceding each such
                            extension the youth was--
                                        ``(I) engaged in obtaining a
                                    recognized postsecondary credential or
                                    a secondary school diploma or its
                                    recognized equivalent;
                                        ``(II) enrolled in an institution
                                    of higher education, as such term is
                                    defined in section 101(a) of the Higher
                                    Education Act of 1965 (20 U.S.C.
                                    1001(a)) and including the institutions
                                    described in subparagraphs (A) and (B)
                                    of section 102(a)(1) of such Act (20
                                    U.S.C. 1002(a)(1)); or
                                        ``(III) participating in a career
                                    pathway, as such term is defined in
                                    section 3 of the Workforce Innovation
                                    and Opportunity Act (29 U.S.C. 3102).
                            Notwithstanding any other provision of this
                            clause, a public housing agency shall consider
                            employment as satisfying the requirements under
                            this subparagraph.
                                ``(iii) Exceptions.--Notwithstanding
                            clauses (i) and (ii), a public housing agency
                            that is providing such assistance under this
                            subsection on behalf of an eligible youth shall
                            extend the provision of such assistance for up
                            to 24 months beyond the period referred to in
                            paragraph (2)(B), and clauses (i) and (ii) of
                            this subparagraph shall not apply, if the
                            eligible youth certifies that he or she is--
                                        ``(I) a parent or other household
                                    member responsible for the care of a
                                    dependent child under the age of 6 or
                                    for the care of an incapacitated
                                    person;
                                        ``(II) a person who is regularly
                                    and actively participating in a drug
                                    addiction or alcohol treatment and
                                    rehabilitation program; or
                                        ``(III) a person who is incapable
                                    of complying with the requirement under
                                    clause (i) or (ii), as applicable, due
                                    to a documented medical condition.
                                ``(iv) Verification of compliance.--The
                            Secretary shall require the public housing
                            agency to verify compliance with the
                            requirements under this subparagraph by each
                            eligible youth on whose behalf the agency
                            provides such assistance under this subsection
                            on an annual basis in conjunction with reviews
                            of income for purposes of determining income
                            eligibility for such assistance.
                        ``(B) Supportive services.--
                                ``(i) Eligibility.--Each eligible youth on
                            whose behalf such assistance under this
                            subsection is provided shall be eligible for
                            any supportive services (as such term is
                            defined in section 3 of the Workforce
                            Innovation and Opportunity Act (29 U.S.C.
                            3102)) made available, in connection with any
                            housing assistance program of the agency, by or
                            through the public housing agency providing
                            such assistance.
                                ``(ii) Information.--Upon the initial
                            provision of such assistance under this
                            subsection on behalf of any eligible youth, the
                            public housing agency shall inform such
                            eligible youth of the existence of any programs
                            or services referred to in clause (i) and of
                            their eligibility for such programs and
                            services.
                        ``(C) Applicability to moving to work agencies.--
                    Notwithstanding any other provision of law, the
                    requirements of this paragraph shall apply to
                    assistance under this subsection pursuant to paragraph
                    (2)(B) made available by each public housing agency
                    participating in the Moving to Work Program under
                    section 204 of the Departments of Veterans Affairs and
                    Housing and Urban Development, and Independent Agencies
                    Appropriations Act, 1996 (42 U.S.C. 1437f note), except
                    that in lieu of compliance with clause (i) or (ii) of
                    subparagraph (A) of this paragraph, such an agency may
                    comply with the requirements under such clauses by
                    complying with such terms, conditions, and requirements
                    as may be established by the agency for persons on
                    whose behalf such rental assistance under this
                    subsection is provided.
                        ``(D) Termination of vouchers upon turn-over.--A
                    public housing agency shall not reissue any such
                    assistance made available from appropriated funds when
                    assistance for the youth initially assisted is
                    terminated, unless specifically authorized by the
                    Secretary.
                        ``(E) Reports.--
                                ``(i) In general.--The Secretary shall
                            require each public housing agency that
                            provides such assistance under this subsection
                            in any fiscal year to submit a report to the
                            Secretary for such fiscal year that--
                                        ``(I) specifies the number of
                                    persons on whose behalf such assistance
                                    under this subsection was provided
                                    during such fiscal year;
                                        ``(II) specifies the number of
                                    persons who applied during such fiscal
                                    year for such assistance under this
                                    subsection, but were not provided such
                                    assistance, and provides a brief
                                    identification in each instance of the
                                    reason why the public housing agency
                                    was unable to award such assistance;
                                    and
                                        ``(III) describes how the public
                                    housing agency communicated or
                                    collaborated with public child welfare
                                    agencies to collect such data.
                                ``(ii) Information collections.--The
                            Secretary shall, to the greatest extent
                            possible, utilize existing information
                            collections, including the voucher management
                            system (VMS), the Inventory Management System/
                            PIH Information Center (IMS/PIC), or the
                            successors of those systems, to collect
                            information required under this subparagraph.
                        ``(F) Consultation.--The Secretary shall consult
                    with the Secretary of Health and Human Services to
                    provide such information and guidance to the Secretary
                    of Health and Human Services as may be necessary to
                    facilitate such Secretary in informing States and
                    public child welfare agencies on how to correctly and
                    efficiently implement and comply with the requirements
                    of this subsection relating to assistance provided
                    pursuant to paragraph (2)(B).''.
                (2) Applicability to fostering stable housing opportunities
            program.--Subparagraph (A) of section 8(x)(4) of the United
            States Housing Act of 1937 (42 U.S.C. 1437f(x)(4)(A)) is
            amended by inserting before the semicolon at the end the
            following: ``and establishing a point of contact at public
            housing agencies to ensure that public housing agencies receive
            appropriate referrals regarding eligible recipients''.
                (3) PHA administrative fees.--Subsection (q) of section 8
            of the United States Housing Act of 1937 (42 U.S.C. 1437f(q))
            is amended by adding at the end the following new paragraph:
                ``(5) Supplements for administering assistance for youth
            aging out of foster care.--The Secretary may provide
            supplemental fees under this subsection to the public housing
            agency for the cost of administering any assistance for foster
            youth under subsection (x)(2)(B), in an amount determined by
            the Secretary, but only if the agency waives for such eligible
            youth receiving assistance any residency requirement that it
            has otherwise established pursuant to subsection
            (r)(1)(B)(i).''.
        (c) Exceptions to Limitations for Project-based Voucher
    Assistance.--
                (1) Percentage limitation.--The first sentence of clause
            (ii) of section 8(o)(13)(B) of the United States Housing Act of
            1937 (42 U.S.C. 1437f(o)(13)(B)(ii)), as amended by section
            106(a)(2) of the Housing Opportunity Through Modernization Act
            of 2016 (Public Law 114-201), is further amended by inserting
            before ``or that'' the following: ``that house eligible youths
            receiving assistance pursuant to subsection (x)(2)(B),''.
                (2) Income-mixing requirement.--Subclause (I) of section
            8(o)(13)(D)(ii) of the United States Housing Act of 1937 (42
            U.S.C. 1437f(o)(13)(D)(ii)(I)), as amended by section 106(a)(3)
            of the Housing Opportunity Through Modernization Act of 2016
            (Public Law 114-201), is further amended by inserting after
            ``elderly families'' the following: ``, to eligible youths
            receiving assistance pursuant to subsection (x)(2)(B),''.
        (d) Applicability.--The amendments made by this section shall not
    apply to housing choice voucher assistance made available pursuant to
    section 8(x) of the United States Housing Act of 1937 (42 U.S.C.
    1437f(x)) that is in use on behalf of an assisted family as of the date
    of the enactment of this Act.

    SEC. 104. HOMELESS ASSISTANCE GRANTS.

        (a) Renewal of Continuum of Care Projects.--In allocating and
    awarding amounts provided for the Continuum of Care program under
    subtitle C of title IV of the McKinney-Vento Homeless Assistance Act
    (42 U.S.C. 11381 et seq.), the Secretary of Housing and Urban
    Development shall renew for one 12-month period, without additional
    competition, all projects with existing grants expiring during calendar
    year 2021, including youth homelessness demonstration projects and
    shelter plus care projects expiring during calendar year 2021,
    notwithstanding any inconsistent provisions in subtitle C of title IV
    of the McKinney-Vento Homeless Assistance Act or any other Act.
        (b) Planning and Unified Funding Agency Awards.--Continuum of Care
    planning and Unified Funding Agency awards expiring in calendar year
    2021 may also be renewed and the Continuum of Care may designate a new
    collaborative applicant to receive the award in accordance with the
    existing process established by the Secretary of Housing and Urban
    Development.
        (c) Notice.--The Secretary of Housing and Urban Development shall
    publish a notice that identifies and lists all projects and awards
    eligible for such noncompetitive renewal, prescribes the format and
    process by which the projects and awards from the list will be renewed,
    makes adjustments to the renewal amount based on changes to the fair
    market rent, and establishes a maximum amount for the renewal of
    planning and Unified Funding Agency awards notwithstanding the
    requirement that such maximum amount be established in a notice of
    funding availability.

    SEC. 105. IMPROVEMENTS TO LOAN GUARANTEES FOR INDIAN HOUSING.

        (a) Findings.--Congress finds that--
                (1) the extended timelines for approving lenders'
            applications to participate in the program established under
            section 184 of the Housing and Community Development Act of
            1992 (12 U.S.C. 1715z-13a) are unacceptably long;
                (2) those extended timelines inhibit the ability of lenders
            to provide needed mortgage loans on Native American
            reservations; and
                (3) it can take a significant amount of time for certain
            Bureau of Indian Affairs Land Title and Records Offices to
            issue final certified title status reports for mortgages issued
            on Indian trust land under section 184 of the Housing and
            Community Development Act of 1992 (12 U.S.C. 1715z-13a), which
            delays the guarantee of the loan by the Department of Housing
            and Urban Development.
        (b) Documentation Required for Indian Trust Land.--Section 184(c)
    of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
    13a(c)) is amended by adding at the end the following:
                ``(5) Trailing documents.--
                        ``(A) In general.--The Secretary may issue a
                    certificate of guarantee under this subsection for a
                    loan involving a security interest in Indian trust land
                    before the Secretary receives the trailing documents
                    required by the Secretary from the Bureau of Indian
                    Affairs, including the final certified title status
                    report showing the recordation by the Bureau of Indian
                    Affairs of the mortgage relating to the loan, if the
                    originating lender agrees to indemnify the Secretary
                    for any losses that may result when--
                                ``(i) a claim payment is presented to the
                            Secretary due to the default of the borrower on
                            the loan; and
                                ``(ii) the required trailing documents are
                            outstanding.
                        ``(B) Termination of indemnification agreement.--An
                    indemnification agreement between an originating lender
                    and the Secretary described in subparagraph (A) shall
                    only terminate upon receipt by the Secretary of the
                    trailing documents described in that subparagraph in a
                    form and manner that is acceptable to the Secretary.
                        ``(C) Rule of construction.--Nothing in this
                    paragraph shall be construed as authorizing the Bureau
                    of Indian Affairs to delay the issuance of a final
                    certified title status report and recorded mortgage
                    relating to a loan closed on Indian trust land.''.
        (c) Reporting.--The Secretary of Housing and Urban Development
    shall--
                (1) report to the Committee on Banking, Housing, and Urban
            Affairs and the Committee on Indian Affairs of the Senate and
            the Committee on Financial Services and the Committee on
            Natural Resources of the House of Representatives on a semi-
            annual basis on the progress that the Secretary is making to
            accelerate the processing of loan applications on fee simple
            and Indian trust land under section 184 of the Housing and
            Community Development Act of 1992 (12 U.S.C. 1715z-13a); and
                (2) if there is no improvement in accelerating those
            processing timelines, submit to the committees described in
            paragraph (1) a report explaining the lack of improvement.

    SEC. 106. STUDY ON THE PROVISION OF AND RELIANCE UPON INVESTMENT
                  RESEARCH INTO SMALL ISSUERS.

        (a) Study Required.--The Securities and Exchange Commission shall
    conduct a study to evaluate the issues affecting the provision of and
    reliance upon investment research into small issuers, including
    emerging growth companies and companies considering initial public
    offerings.
        (b) Contents of Study.--The study required under subsection (a)
    shall consider--
                (1) factors related to the demand for such research by
            institutional and retail investors;
                (2) the availability of such research, including--
                        (A) the number and types of firms who provide such
                    research;
                        (B) the volume of such research over time; and
                        (C) competition in the research market;
                (3) conflicts of interest relating to the production and
            distribution of investment research;
                (4) the costs of such research;
                (5) the impacts of different payment mechanisms for
            investment research into small issuers, including whether such
            research is paid for by--
                        (A) hard-dollar payments from research clients;
                        (B) payments directed from the client's commission
                    income (i.e., ``soft dollars''); or
                        (C) payments from the issuer that is the subject of
                    such research;
                (6) any unique challenges faced by minority-owned, women-
            owned, and veteran-owned small issuers in obtaining research
            coverage; and
                (7) the impact on the availability of research coverage for
            small issuers due to--
                        (A) investment adviser concentration and
                    consolidation, including any potential impacts of fund-
                    size on demand for investment research of small
                    issuers;
                        (B) broker and dealer concentration and
                    consolidation, including any relationships between the
                    size of the firm and allocation of resources for
                    investment research into small issuers;
                        (C) Securities and Exchange Commission rules;
                        (D) registered national securities association
                    rules;
                        (E) State and Federal liability concerns;
                        (F) the settlement agreements referenced in
                    Securities and Exchange Commission Litigation Release
                    No. 18438 (i.e., the ``Global Research Analyst
                    Settlement''); and
                        (G) Directive 2014/65/EU of the European Parliament
                    and of the Council of 15 May 2014 on markets in
                    financial instruments and amending Directive 2002/92/EC
                    and Directive 2011/61/EU, as implemented by the
                    European Union (``EU'') member states (``MiFID II'').
        (c) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Securities and Exchange Commission shall
    submit to Congress a report that includes--
                (1) the results of the study required by subsection (a);
            and
                (2) recommendations to increase the demand for, volume of,
            and quality of investment research into small issuers,
            including emerging growth companies and companies considering
            initial public offerings.

    SEC. 107. STUDY ON THRESHOLD LIMITS APPLICABLE TO DIVERSIFIED
                  COMPANIES.

        (a) In General.--The Securities and Exchange Commission shall carry
    out a study of the 10 per centum threshold limitation applicable to the
    definition of a diversified company under section 5(b)(1) of the
    Investment Company Act of 1940 (15 U.S.C. 80a-5(b)(1)) and determine
    the impacts of such threshold limits upon the protection of investors,
    efficiency, competition, and capital formation.
        (b) Considerations.--In carrying out the study required under
    subsection (a), the Commission shall consider the following:
                (1) The size and number of diversified companies that are
            currently restricted in their ability to own more than 10
            percent of the voting shares in an individual company.
                (2) How the investing preferences of diversified companies
            have shifted over time with respect to companies with smaller
            market capitalizations and companies in industries where
            competition may be limited.
                (3) The expected impact to small and emerging growth
            companies regarding the availability of capital, related
            impacts on investor confidence and risk, and impacts on
            competition, if the threshold is increased or otherwise
            changed.
                (4) The ability of registered funds to manage liquidity
            risk.
                (5) Any other consideration that the Commission considers
            necessary and appropriate for the protection of investors.
        (c) Solicitation of Public Comments.--In carrying out the study
    required under subsection (a), the Commission may solicit public
    comments.
        (d) Report.--Not later than the end of the 180-day period beginning
    on the date of enactment of this Act, the Commission shall issue a
    report to the Congress, and make such report publicly available on the
    website of the Commission, containing--
                (1) all findings and determinations made in carrying out
            the study required under subsection (a); and
                (2) any legislative recommendations of the Commission.

    SEC. 108. CYBERSECURITY AND FINANCIAL SYSTEM RESILIENCE REPORT.

        (a) In General.--Not later than the end of the 180-day period
    beginning on the date of enactment of this Act, and annually
    thereafter, each banking regulator shall submit a report to the
    Committee on Financial Services of the House of Representatives and the
    Committee on Banking, Housing, and Urban Affairs of the Senate that
    provides a detailed explanation of measures undertaken to strengthen
    cybersecurity within the financial services sector and with respect to
    the functions of the regulator, including the supervision and
    regulation of financial institutions and, where applicable, third-party
    service providers. Each such report shall specifically include a
    detailed analysis of--
                (1) policies and procedures (including those described
            under section 3554(b) of title 44, United States Code) to
            detect, defend against, and respond to--
                        (A) efforts to deny access to or degrade, disrupt,
                    or destroy any information and communications
                    technology system or network, or exfiltrate information
                    from such a system or network without authorization;
                        (B) destructive malware attacks;
                        (C) denial of service activities; and
                        (D) any other efforts that may threaten the
                    functions of the banking regulator or entities overseen
                    by the regulator by undermining cybersecurity and the
                    resilience of the financial system;
                (2) activities to ensure the effective implementation of
            policies and procedures described under paragraph (1),
            including--
                        (A) the appointment of qualified staff, the
                    provision of staff training, the use of accountability
                    measures to support staff performance, and the
                    designation, if any, of senior appointed leadership to
                    strengthen accountability for oversight of
                    cybersecurity measures within each banking regulator
                    and among regulated entities;
                        (B) deployment of adequate resources and
                    technologies;
                        (C) efforts of the banking regulators to respond to
                    cybersecurity-related findings and recommendations of
                    the Inspector General of the banking regulator or the
                    independent evaluation described under section 3555 of
                    title 42, United States Code;
                        (D) industry efforts to respond to cybersecurity-
                    related findings and recommendations of the banking
                    regulators;
                        (E) as appropriate, efforts to strengthen
                    cybersecurity in coordination with other Federal
                    departments and agencies, domestic and foreign
                    financial institutions, and other partners, including
                    the development and dissemination of best practices
                    regarding cybersecurity and the sharing of threat
                    information; and
                (3) any current or emerging threats that are likely to pose
            a risk to the resilience of the financial system.
        (b) Form of Report.--The report required under subsection (a) shall
    be submitted in unclassified form, but may include a classified annex,
    if appropriate.
        (c) Congressional Briefing.--Upon request, the head of each banking
    regulator shall provide a detailed briefing to the appropriate Members
    of Congress on each report submitted pursuant to subsection (a),
    except--
                (1) the Chairman of the Board of Governors of the Federal
            Reserve System may designate another member of the Board of
            Governors of the Federal Reserve System to provide such
            briefing;
                (2) the Chairperson of the Federal Deposit Insurance
            Corporation may designate another member of the Board of
            Directors of the Corporation to provide such briefing; and
                (3) the Chairman of the National Credit Union
            Administration may designate another member of the National
            Credit Union Administration Board to provide such briefing.
        (d) Definitions.--For the purposes of this section:
                (1) Appropriate members of congress.--The term
            ``appropriate Members of Congress'' means the following:
                        (A) The Chairman and Ranking Member of the
                    Committee on Financial Services of the House of
                    Representatives.
                        (B) The Chairman and Ranking Member of the
                    Committee on Banking, Housing, and Urban Affairs of the
                    Senate.
                (2) Banking regulator.--The term ``banking regulator''
            means the Board of Governors of the Federal Reserve System, the
            Comptroller of the Currency, the Federal Deposit Insurance
            Corporation, and the National Credit Union Administration.
                (3) Senior appointed leadership.--With respect to a banking
            regulator, the term ``senior appointed leadership'' means a
            position that requires Senate confirmation.
        (e) Sunset.--The provisions of this section shall have no force or
    effect on or after the date that is 7 years after the date of enactment
    of this Act.

                        TITLE II--INTELLECTUAL PROPERTY

                             Subtitle A--Copyrights

    SEC. 211. UNAUTHORIZED STREAMING.

        (a) Amendment.--Chapter 113 of title 18, United States Code, is
    amended by inserting after section 2319B the following:
    ``Sec. 2319C. Illicit digital transmission services
        ``(a) Definitions.--In this section--
                ``(1) the terms `audiovisual work', `computer program',
            `copies', `copyright owner', `digital transmission', `financial
            gain', `motion picture', `motion picture exhibition facility',
            `perform', `phonorecords', `publicly' (with respect to
            performing a work), `sound recording', and `transmit' have the
            meanings given those terms in section 101 of title 17;
                ``(2) the term `digital transmission service' means a
            service that has the primary purpose of publicly performing
            works by digital transmission;
                ``(3) the terms `publicly perform' and `public performance'
            refer to the exclusive rights of a copyright owner under
            paragraphs (4) and (6) of section 106 (relating to exclusive
            rights in copyrighted works) of title 17, as limited by
            sections 107 through 122 of title 17; and
                ``(4) the term `work being prepared for commercial public
            performance' means--
                        ``(A) a computer program, a musical work, a motion
                    picture or other audiovisual work, or a sound
                    recording, if, at the time of unauthorized public
                    performance--
                                ``(i) the copyright owner has a reasonable
                            expectation of commercial public performance;
                            and
                                ``(ii) the copies or phonorecords of the
                            work have not been commercially publicly
                            performed in the United States by or with the
                            authorization of the copyright owner; or
                        ``(B) a motion picture, if, at the time of
                    unauthorized public performance, the motion picture--
                                ``(i)(I) has been made available for
                            viewing in a motion picture exhibition
                            facility; and
                                ``(II) has not been made available in
                            copies for sale to the general public in the
                            United States by or with the authorization of
                            the copyright owner in a format intended to
                            permit viewing outside a motion picture
                            exhibition facility; or
                                ``(ii) had not been commercially publicly
                            performed in the United States by or with the
                            authorization of the copyright owner more than
                            24 hours before the unauthorized public
                            performance.
        ``(b) Prohibited Act.--It shall be unlawful for a person to
    willfully, and for purposes of commercial advantage or private
    financial gain, offer or provide to the public a digital transmission
    service that--
                ``(1) is primarily designed or provided for the purpose of
            publicly performing works protected under title 17 by means of
            a digital transmission without the authority of the copyright
            owner or the law;
                ``(2) has no commercially significant purpose or use other
            than to publicly perform works protected under title 17 by
            means of a digital transmission without the authority of the
            copyright owner or the law; or
                ``(3) is intentionally marketed by or at the direction of
            that person to promote its use in publicly performing works
            protected under title 17 by means of a digital transmission
            without the authority of the copyright owner or the law.
        ``(c) Penalties.--Any person who violates subsection (b) shall be,
    in addition to any penalties provided for under title 17 or any other
    law--
                ``(1) fined under this title, imprisoned not more than 3
            years, or both;
                ``(2) fined under this title, imprisoned not more than 5
            years, or both, if--
                        ``(A) the offense was committed in connection with
                    1 or more works being prepared for commercial public
                    performance; and
                        ``(B) the person knew or should have known that the
                    work was being prepared for commercial public
                    performance; and
                ``(3) fined under this title, imprisoned not more than 10
            years, or both, if the offense is a second or subsequent
            offense under this section or section 2319(a).
        ``(d) Rule of Construction.--Nothing in this section shall be
    construed to--
                ``(1) affect the interpretation of any other provision of
            civil copyright law, including the limitations of liability set
            forth in section 512 of title 17, or principles of secondary
            liability; or
                ``(2) prevent any Federal or State authority from enforcing
            cable theft or theft of service laws that are not subject to
            preemption under section 301 of title 17.''.
        (b) Table of Sections Amendment.--The table of section for chapter
    113 of title 18, United States Code, is amended by inserting after the
    item relating to section 2319B the following:

    ``2319C. Illicit digital transmission services.''.

    SEC. 212. COPYRIGHT SMALL CLAIMS.

        (a) Short Title.--This section may be cited as the ``Copyright
    Alternative in Small-Claims Enforcement Act of 2020'' or the ``CASE Act
    of 2020''.
        (b) Amendment.--Title 17, United States Code, is amended by adding
    at the end the following:

                      ``CHAPTER 15--COPYRIGHT SMALL CLAIMS

    ``1501. Definitions.
    ``1502. Copyright Claims Board.
    ``1503. Authority and duties of the Copyright Claims Board.
    ``1504. Nature of proceedings.
    ``1505. Registration requirement.
    ``1506. Conduct of proceedings.
    ``1507. Effect of proceeding.
    ``1508. Review and confirmation by district court.
    ``1509. Relationship to other district court actions.
    ``1510. Implementation by Copyright Office.
    ``1511. Funding.
    ``Sec. 1501. Definitions
        ``In this chapter--
                ``(1) the term `claimant' means the real party in interest
            that commences a proceeding before the Copyright Claims Board
            under section 1506(e), pursuant to a permissible claim of
            infringement brought under section 1504(c)(1), noninfringement
            brought under section 1504(c)(2), or misrepresentation brought
            under section 1504(c)(3);
                ``(2) the term `counterclaimant' means a respondent in a
            proceeding before the Copyright Claims Board that--
                        ``(A) asserts a permissible counterclaim under
                    section 1504(c)(4) against the claimant in the
                    proceeding; and
                        ``(B) is the real party in interest with respect to
                    the counterclaim described in subparagraph (A);
                ``(3) the term `party'--
                        ``(A) means a party; and
                        ``(B) includes the attorney of a party, as
                    applicable; and
                ``(4) the term `respondent' means any person against whom a
            proceeding is brought before the Copyright Claims Board under
            section 1506(e), pursuant to a permissible claim of
            infringement brought under section 1504(c)(1), noninfringement
            brought under section 1504(c)(2), or misrepresentation brought
            under section 1504(c)(3).
    ``Sec. 1502. Copyright Claims Board
        ``(a) In General.--There is established in the Copyright Office the
    Copyright Claims Board, which shall serve as an alternative forum in
    which parties may voluntarily seek to resolve certain copyright claims
    regarding any category of copyrighted work, as provided in this
    chapter.
        ``(b) Officers and Staff.--
                ``(1) Copyright claims officers.--The Register of
            Copyrights shall recommend 3 full-time Copyright Claims
            Officers to serve on the Copyright Claims Board in accordance
            with paragraph (3)(A). The Officers shall be appointed by the
            Librarian of Congress to such positions after consultation with
            the Register of Copyrights.
                ``(2) Copyright claims attorneys.--The Register of
            Copyrights shall hire not fewer than 2 full-time Copyright
            Claims Attorneys to assist in the administration of the
            Copyright Claims Board.
                ``(3) Qualifications.--
                        ``(A) Copyright claims officers.--
                                ``(i) In general.--Each Copyright Claims
                            Officer shall be an attorney who has not fewer
                            than 7 years of legal experience.
                                ``(ii) Experience.--Two of the Copyright
                            Claims Officers shall--
                                        ``(I) have substantial experience
                                    in the evaluation, litigation, or
                                    adjudication of copyright infringement
                                    claims; and
                                        ``(II) between those 2 Officers,
                                    have represented or presided over a
                                    diversity of copyright interests,
                                    including those of both owners and
                                    users of copyrighted works.
                                ``(iii) Alternative dispute resolution.--
                            The Copyright Claims Officer not described in
                            clause (ii) shall have substantial familiarity
                            with copyright law and experience in the field
                            of alternative dispute resolution, including
                            the resolution of litigation matters through
                            that method of resolution.
                        ``(B) Copyright claims attorneys.--Each Copyright
                    Claims Attorney shall be an attorney who has not fewer
                    than 3 years of substantial experience in copyright
                    law.
                ``(4) Compensation.--
                        ``(A) Copyright claims officers.--
                                ``(i) Definition.--In this subparagraph,
                            the term `senior level employee of the Federal
                            Government' means an employee, other than an
                            employee in the Senior Executive Service, the
                            position of whom is classified above GS-15 of
                            the General Schedule.
                                ``(ii) Pay range.--Each Copyright Claims
                            Officer shall be compensated at a rate of pay
                            that is not less than the minimum, and not more
                            than the maximum, rate of pay payable for
                            senior level employees of the Federal
                            Government, including locality pay, as
                            applicable.
                        ``(B) Copyright claims attorneys.--Each Copyright
                    Claims Attorney shall be compensated at a rate of pay
                    that is not more than the maximum rate of pay payable
                    for level 10 of GS-15 of the General Schedule,
                    including locality pay, as applicable.
                ``(5) Terms.--
                        ``(A) In general.--Subject to subparagraph (B), a
                    Copyright Claims Officer shall serve for a renewable
                    term of 6 years.
                        ``(B) Initial terms.--The terms for the first
                    Copyright Claims Officers appointed under this chapter
                    shall be as follows:
                                ``(i) The first such Copyright Claims
                            Officer appointed shall be appointed for a term
                            of 4 years.
                                ``(ii) The second Copyright Claims Officer
                            appointed shall be appointed for a term of 5
                            years.
                                ``(iii) The third Copyright Claims Officer
                            appointed shall be appointed for a term of 6
                            years.
                ``(6) Vacancies and incapacity.--
                        ``(A) Vacancy.--
                                ``(i) In general.--If a vacancy occurs in
                            the position of a Copyright Claims Officer, the
                            Librarian of Congress shall, upon the
                            recommendation of, and in consultation with,
                            the Register of Copyrights, act expeditiously
                            to appoint a Copyright Claims Officer for that
                            position.
                                ``(ii) Vacancy before expiration.--An
                            individual appointed to fill a vacancy
                            occurring before the expiration of the term for
                            which the predecessor of the individual was
                            appointed shall be appointed to serve a 6-year
                            term.
                        ``(B) Incapacity.--If a Copyright Claims Officer is
                    temporarily unable to perform the duties of the
                    Officer, the Librarian of Congress shall, upon
                    recommendation of, and in consultation with, the
                    Register of Copyrights, act expeditiously to appoint an
                    interim Copyright Claims Officer to perform such duties
                    during the period of such incapacity.
                ``(7) Sanction or removal.--Subject to section 1503(b), the
            Librarian of Congress may sanction or remove a Copyright Claims
            Officer.
                ``(8) Administrative support.--The Register of Copyrights
            shall provide the Copyright Claims Officers and Copyright
            Claims Attorneys with necessary administrative support,
            including technological facilities, to carry out the duties of
            the Officers and Attorneys under this chapter.
                ``(9) Location of copyright claims board.--The offices and
            facilities of the Copyright Claims Officers and Copyright
            Claims Attorneys shall be located at the Copyright Office.
    ``Sec. 1503. Authority and duties of the Copyright Claims Board
        ``(a) Functions.--
                ``(1) Copyright claims officers.--Subject to the provisions
            of this chapter and applicable regulations, the functions of
            the Copyright Claims Officers shall be as follows:
                        ``(A) To render determinations on the civil
                    copyright claims, counterclaims, and defenses that may
                    be brought before the Officers under this chapter.
                        ``(B) To ensure that claims, counterclaims, and
                    defenses are properly asserted and otherwise
                    appropriate for resolution by the Copyright Claims
                    Board.
                        ``(C) To manage the proceedings before the Officers
                    and render rulings pertaining to the consideration of
                    claims, counterclaims, and defenses, including with
                    respect to scheduling, discovery, evidentiary, and
                    other matters.
                        ``(D) To request, from participants and
                    nonparticipants in a proceeding, the production of
                    information and documents relevant to the resolution of
                    a claim, counterclaim, or defense.
                        ``(E) To conduct hearings and conferences.
                        ``(F) To facilitate the settlement by the parties
                    of claims and counterclaims.
                        ``(G) To--
                                ``(i) award monetary relief; and
                                ``(ii) include in the determinations of the
                            Officers a requirement that certain activities
                            under section 1504(e)(2) cease or be mitigated,
                            if the party to undertake the applicable
                            measure has so agreed.
                        ``(H) To provide information to the public
                    concerning the procedures and requirements of the
                    Copyright Claims Board.
                        ``(I) To maintain records of the proceedings before
                    the Officers, certify official records of such
                    proceedings as needed, and, as provided in section
                    1506(t), make the records in such proceedings available
                    to the public.
                        ``(J) To carry out such other duties as are set
                    forth in this chapter.
                        ``(K) When not engaged in performing the duties of
                    the Officers set forth in this chapter, to perform such
                    other duties as may be assigned by the Register of
                    Copyrights.
                ``(2) Copyright claims attorneys.--Subject to the
            provisions of this chapter and applicable regulations, the
            functions of the Copyright Claims Attorneys shall be as
            follows:
                        ``(A) To provide assistance to the Copyright Claims
                    Officers in the administration of the duties of those
                    Officers under this chapter.
                        ``(B) To provide assistance to members of the
                    public with respect to the procedures and requirements
                    of the Copyright Claims Board.
                        ``(C) To provide information to potential claimants
                    contemplating bringing a permissible action before the
                    Copyright Claims Board about obtaining a subpoena under
                    section 512(h) for the sole purpose of identifying a
                    potential respondent in such an action.
                        ``(D) When not engaged in performing the duties of
                    the Attorneys set forth in this chapter, to perform
                    such other duties as may be assigned by the Register of
                    Copyrights.
        ``(b) Independence in Determinations.--
                ``(1) In general.--The Copyright Claims Board shall render
            the determinations of the Board in individual proceedings
            independently on the basis of the records in the proceedings
            before it and in accordance with the provisions of this title,
            judicial precedent, and applicable regulations of the Register
            of Copyrights.
                ``(2) Consultation.--The Copyright Claims Officers and
            Copyright Claims Attorneys--
                        ``(A) may consult with the Register of Copyrights
                    on general issues of law; and
                        ``(B) subject to section 1506(x), may not consult
                    with the Register of Copyrights with respect to--
                                ``(i) the facts of any particular matter
                            pending before the Officers and the Attorneys;
                            or
                                ``(ii) the application of law to the facts
                            described in clause (i).
                ``(3) Performance appraisals.--Notwithstanding any other
            provision of law or any regulation or policy of the Library of
            Congress or Register of Copyrights, any performance appraisal
            of a Copyright Claims Officer or Copyright Claims Attorney may
            not consider the substantive result of any individual
            determination reached by the Copyright Claims Board as a basis
            for appraisal except to the extent that the result may relate
            to any actual or alleged violation of an ethical standard of
            conduct.
        ``(c) Direction by Register.--Subject to subsection (b), the
    Copyright Claims Officers and Copyright Claims Attorneys shall, in the
    administration of their duties, be under the general direction of the
    Register of Copyrights.
        ``(d) Inconsistent Duties Barred.--A Copyright Claims Officer or
    Copyright Claims Attorney may not undertake any duty that conflicts
    with the duties of the Officer or Attorney in connection with the
    Copyright Claims Board.
        ``(e) Recusal.--A Copyright Claims Officer or Copyright Claims
    Attorney shall recuse himself or herself from participation in any
    proceeding with respect to which the Copyright Claims Officer or
    Copyright Claims Attorney, as the case may be, has reason to believe
    that he or she has a conflict of interest.
        ``(f) Ex Parte Communications.--Except as may otherwise be
    permitted by applicable law, any party to a proceeding before the
    Copyright Claims Board shall refrain from ex parte communications with
    the Copyright Claims Officers and the Register of Copyrights concerning
    the substance of any active or pending proceeding before the Copyright
    Claims Board.
        ``(g) Judicial Review.--Actions of the Copyright Claims Officers
    and Register of Copyrights under this chapter in connection with the
    rendering of any determination are subject to judicial review as
    provided under section 1508(c) and not under chapter 7 of title 5.
    ``Sec. 1504. Nature of proceedings
        ``(a) Voluntary Participation.--Participation in a Copyright Claims
    Board proceeding shall be on a voluntary basis in accordance with this
    chapter, and the right of any party to instead pursue a claim,
    counterclaim, or defense in a district court of the United States, any
    other court, or any other forum, and to seek a jury trial, shall be
    preserved. The rights, remedies, and limitations under this section may
    not be waived except in accordance with this chapter.
        ``(b) Statute of Limitations.--
                ``(1) In general.--A proceeding may not be maintained
            before the Copyright Claims Board unless the proceeding is
            commenced, in accordance with section 1506(e), before the
            Copyright Claims Board not later than 3 years after the claim
            accrued.
                ``(2) Tolling.--Subject to section 1507(a), a proceeding
            commenced before the Copyright Claims Board shall toll the time
            permitted under section 507(b) for the commencement of an
            action on the same claim in a district court of the United
            States during the period in which the proceeding is pending.
        ``(c) Permissible Claims, Counterclaims, and Defenses.--The
    Copyright Claims Board may render determinations with respect to the
    following claims, counterclaims, and defenses, subject to such further
    limitations and requirements, including with respect to particular
    classes of works, as may be set forth in regulations established by the
    Register of Copyrights:
                ``(1) A claim for infringement of an exclusive right in a
            copyrighted work provided under section 106 by the legal or
            beneficial owner of the exclusive right at the time of the
            infringement for which the claimant seeks damages, if any,
            within the limitations set forth in subsection (e)(1).
                ``(2) A claim for a declaration of noninfringement of an
            exclusive right in a copyrighted work provided under section
            106, consistent with section 2201 of title 28.
                ``(3) A claim under section 512(f) for misrepresentation in
            connection with a notification of claimed infringement or a
            counter notification seeking to replace removed or disabled
            material, except that any remedies relating to such a claim in
            a proceeding before the Copyright Claims Board shall be limited
            to those available under this chapter.
                ``(4) A counterclaim that is asserted solely against the
            claimant in a proceeding--
                        ``(A) pursuant to which the counterclaimant seeks
                    damages, if any, within the limitations set forth in
                    subsection (e)(1); and
                        ``(B) that--
                                ``(i) arises under section 106 or section
                            512(f) and out of the same transaction or
                            occurrence that is the subject of a claim of
                            infringement brought under paragraph (1), a
                            claim of noninfringement brought under
                            paragraph (2), or a claim of misrepresentation
                            brought under paragraph (3); or
                                ``(ii) arises under an agreement pertaining
                            to the same transaction or occurrence that is
                            the subject of a claim of infringement brought
                            under paragraph (1), if the agreement could
                            affect the relief awarded to the claimant.
                ``(5) A legal or equitable defense under this title or
            otherwise available under law, in response to a claim or
            counterclaim asserted under this subsection.
                ``(6) A single claim or multiple claims permitted under
            paragraph (1), (2), or (3) by 1 or more claimants against 1 or
            more respondents, but only if all claims asserted in any 1
            proceeding arise out of the same allegedly infringing activity
            or continuous course of infringing activities and do not, in
            the aggregate, result in the recovery of such claim or claims
            for damages that exceed the limitations under subsection
            (e)(1).
        ``(d) Excluded Claims.--The following claims and counterclaims are
    not subject to determination by the Copyright Claims Board:
                ``(1) A claim or counterclaim that is not a permissible
            claim or counterclaim under subsection (c).
                ``(2) A claim or counterclaim that has been finally
            adjudicated by a court of competent jurisdiction or that is
            pending before a court of competent jurisdiction, unless that
            court has granted a stay to permit that claim or counterclaim
            to proceed before the Copyright Claims Board.
                ``(3) A claim or counterclaim by or against a Federal or
            State governmental entity.
                ``(4) A claim or counterclaim asserted against a person or
            entity residing outside of the United States, except in a case
            in which the person or entity initiated the proceeding before
            the Copyright Claims Board and is subject to counterclaims
            under this chapter.
        ``(e) Permissible Remedies.--
                ``(1) Monetary recovery.--
                        ``(A) Actual damages, profits, and statutory
                    damages for infringement.--With respect to a claim or
                    counterclaim for infringement of copyright, and subject
                    to the limitation on total monetary recovery under
                    subparagraph (D), the Copyright Claims Board may award
                    either of the following:
                                ``(i) Actual damages and profits determined
                            in accordance with section 504(b), with that
                            award taking into consideration, in appropriate
                            cases, whether the infringing party has agreed
                            to cease or mitigate the infringing activity
                            under paragraph (2).
                                ``(ii) Statutory damages, which shall be
                            determined in accordance with section 504(c),
                            subject to the following conditions:
                                        ``(I) With respect to works timely
                                    registered under section 412, so that
                                    the works are eligible for an award of
                                    statutory damages in accordance with
                                    that section, the statutory damages may
                                    not exceed $15,000 for each work
                                    infringed.
                                        ``(II) With respect to works not
                                    timely registered under section 412,
                                    but eligible for an award of statutory
                                    damages under this section, statutory
                                    damages may not exceed $7,500 per work
                                    infringed, or a total of $15,000 in any
                                    1 proceeding.
                                        ``(III) The Copyright Claims Board
                                    may not make any finding that, or
                                    consider whether, the infringement was
                                    committed willfully in making an award
                                    of statutory damages.
                                        ``(IV) The Copyright Claims Board
                                    may consider, as an additional factor
                                    in awarding statutory damages, whether
                                    the infringer has agreed to cease or
                                    mitigate the infringing activity under
                                    paragraph (2).
                        ``(B) Election of damages.--With respect to a claim
                    or counterclaim of infringement, at any time before
                    final determination is rendered, and notwithstanding
                    the schedule established by the Copyright Claims Board
                    under section 1506(k), the claimant or counterclaimant
                    shall elect--
                                ``(i) to recover actual damages and profits
                            or statutory damages under subparagraph (A); or
                                ``(ii) not to recover damages.
                        ``(C) Damages for other claims.--Damages for claims
                    and counterclaims other than infringement claims, such
                    as those brought under section 512(f), shall be subject
                    to the limitation under subparagraph (D).
                        ``(D) Limitation on total monetary recovery.--
                    Notwithstanding any other provision of law, a party
                    that pursues any 1 or more claims or counterclaims in
                    any single proceeding before the Copyright Claims Board
                    may not seek or recover in that proceeding a total
                    monetary recovery that exceeds the sum of $30,000,
                    exclusive of any attorneys' fees and costs that may be
                    awarded under section 1506(y)(2).
                ``(2) Agreement to cease certain activity.--In a
            determination of the Copyright Claims Board, the Board shall
            include a requirement to cease conduct if, in the proceeding
            relating to the determination--
                        ``(A) a party agrees--
                                ``(i) to cease activity that is found to be
                            infringing, including removing or disabling
                            access to, or destroying, infringing materials;
                            or
                                ``(ii) to cease sending a takedown notice
                            or counter notice under section 512 to the
                            other party regarding the conduct at issue
                            before the Board if that notice or counter
                            notice was found to be a knowing material
                            misrepresentation under section 512(f); and
                        ``(B) the agreement described in subparagraph (A)
                    is reflected in the record for the proceeding.
                ``(3) Attorneys' fees and costs.--Notwithstanding any other
            provision of law, except in the case of bad faith conduct as
            provided in section 1506(y)(2), the parties to proceedings
            before the Copyright Claims Board shall bear their own
            attorneys' fees and costs.
        ``(f) Joint and Several Liability.--Parties to a proceeding before
    the Copyright Claims Board may be found jointly and severally liable if
    all such parties and relevant claims or counterclaims arise from the
    same activity or activities.
        ``(g) Permissible Number of Cases.--The Register of Copyrights may
    establish regulations relating to the permitted number of proceedings
    each year by the same claimant under this chapter, in the interests of
    justice and the administration of the Copyright Claims Board.
    ``Sec. 1505. Registration requirement
        ``(a) Application or Certificate.--A claim or counterclaim alleging
    infringement of an exclusive right in a copyrighted work may not be
    asserted before the Copyright Claims Board unless--
                ``(1) the legal or beneficial owner of the copyright has
            first delivered a completed application, a deposit, and the
            required fee for registration of the copyright to the Copyright
            Office; and
                ``(2) a registration certificate has either been issued or
            has not been refused.
        ``(b) Certificate of Registration.--Notwithstanding any other
    provision of law, a claimant or counterclaimant in a proceeding before
    the Copyright Claims Board shall be eligible to recover actual damages
    and profits or statutory damages under this chapter for infringement of
    a work if the requirements of subsection (a) have been met, except
    that--
                ``(1) the Copyright Claims Board may not render a
            determination in the proceeding until--
                        ``(A) a registration certificate with respect to
                    the work has been issued by the Copyright Office,
                    submitted to the Copyright Claims Board, and made
                    available to the other parties to the proceeding; and
                        ``(B) the other parties to the proceeding have been
                    provided an opportunity to address the registration
                    certificate;
                ``(2) if the proceeding may not proceed further because a
            registration certificate for the work is pending, the
            proceeding shall be held in abeyance pending submission of the
            certificate to the Copyright Claims Board, except that, if the
            proceeding is held in abeyance for more than 1 year, the
            Copyright Claims Board may, upon providing written notice to
            the parties to the proceeding, and 30 days to the parties to
            respond to the notice, dismiss the proceeding without
            prejudice; and
                ``(3) if the Copyright Claims Board receives notice that
            registration with respect to the work has been refused, the
            proceeding shall be dismissed without prejudice.
        ``(c) Presumption.--In a case in which a registration certificate
    shows that registration with respect to a work was issued not later
    than 5 years after the date of the first publication of the work, the
    presumption under section 410(c) shall apply in a proceeding before the
    Copyright Claims Board, in addition to relevant principles of law under
    this title.
        ``(d) Regulations.--In order to ensure that actions before the
    Copyright Claims Board proceed in a timely manner, the Register of
    Copyrights shall establish regulations allowing the Copyright Office to
    make a decision, on an expedited basis, to issue or deny copyright
    registration for an unregistered work that is at issue before the
    Board.
    ``Sec. 1506. Conduct of proceedings
        ``(a) In General.--
                ``(1) Applicable law.--Proceedings of the Copyright Claims
            Board shall be conducted in accordance with this chapter and
            regulations established by the Register of Copyrights under
            this chapter, in addition to relevant principles of law under
            this title.
                ``(2) Conflicting precedent.--If it appears that there may
            be conflicting judicial precedent on an issue of substantive
            copyright law that cannot be reconciled, the Copyright Claims
            Board shall follow the law of the Federal jurisdiction in which
            the action could have been brought if filed in a district court
            of the United States, or, if the action could have been brought
            in more than 1 such jurisdiction, the jurisdiction that the
            Copyright Claims Board determines has the most significant ties
            to the parties and conduct at issue.
        ``(b) Record.--The Copyright Claims Board shall maintain records
    documenting the proceedings before the Board.
        ``(c) Centralized Process.--Proceedings before the Copyright Claims
    Board shall--
                ``(1) be conducted at the offices of the Copyright Claims
            Board without the requirement of in-person appearances by
            parties or others; and
                ``(2) take place by means of written submissions, hearings,
            and conferences carried out through internet-based applications
            and other telecommunications facilities, except that, in cases
            in which physical or other nontestimonial evidence material to
            a proceeding cannot be furnished to the Copyright Claims Board
            through available telecommunications facilities, the Copyright
            Claims Board may make alternative arrangements for the
            submission of such evidence that do not prejudice any other
            party to the proceeding.
        ``(d) Representation.--A party to a proceeding before the Copyright
    Claims Board may be, but is not required to be, represented by--
                ``(1) an attorney; or
                ``(2) a law student who is qualified under applicable law
            governing representation by law students of parties in legal
            proceedings and who provides such representation on a pro bono
            basis.
        ``(e) Commencement of Proceeding.--In order to commence a
    proceeding under this chapter, a claimant shall, subject to such
    additional requirements as may be prescribed in regulations established
    by the Register of Copyrights, file a claim with the Copyright Claims
    Board, that--
                ``(1) includes a statement of material facts in support of
            the claim;
                ``(2) is certified under subsection (y)(1); and
                ``(3) is accompanied by a filing fee in such amount as may
            be prescribed in regulations established by the Register of
            Copyrights.
        ``(f) Review of Claims and Counterclaims.--
                ``(1) Claims.--Upon the filing of a claim under subsection
            (e), the claim shall be reviewed by a Copyright Claims Attorney
            to ensure that the claim complies with this chapter and
            applicable regulations, subject to the following:
                        ``(A) If the claim is found to comply, the claimant
                    shall be notified regarding that compliance and
                    instructed to proceed with service of the claim under
                    subsection (g).
                        ``(B) If the claim is found not to comply, the
                    claimant shall be notified that the claim is deficient
                    and be permitted to file an amended claim not later
                    than 30 days after the date on which the claimant
                    receives the notice, without the requirement of an
                    additional filing fee. If the claimant files a
                    compliant claim within that 30-day period, the claimant
                    shall be so notified and be instructed to proceed with
                    service of the claim. If the claim is refiled within
                    that 30-day period and still fails to comply, the
                    claimant shall again be notified that the claim is
                    deficient and shall be provided a second opportunity to
                    amend the claim not later than 30 days after the date
                    of that second notice, without the requirement of an
                    additional filing fee. If the claim is refiled again
                    within that second 30-day period and is compliant, the
                    claimant shall be so notified and shall be instructed
                    to proceed with service of the claim, but if the claim
                    still fails to comply, upon confirmation of such
                    noncompliance by a Copyright Claims Officer, the
                    proceeding shall be dismissed without prejudice. The
                    Copyright Claims Board shall also dismiss without
                    prejudice any proceeding in which a compliant claim is
                    not filed within the applicable 30-day period.
                        ``(C)(i) Subject to clause (ii), for purposes of
                    this paragraph, a claim against an online service
                    provider for infringement by reason of the storage of
                    or referral or linking to infringing material that may
                    be subject to the limitations on liability set forth in
                    subsection (b), (c), or (d) of section 512 shall be
                    considered noncompliant unless the claimant affirms in
                    the statement required under subsection (e)(1) of this
                    section that the claimant has previously notified the
                    service provider of the claimed infringement in
                    accordance with subsection (b)(2)(E), (c)(3), or (d)(3)
                    of section 512, as applicable, and the service provider
                    failed to remove or disable access to the material
                    expeditiously upon the provision of such notice.
                        ``(ii) If a claim is found to be noncompliant under
                    clause (i), the Copyright Claims Board shall provide
                    the claimant with information concerning the service of
                    such a notice under the applicable provision of section
                    512.
                ``(2) Counterclaims.--Upon the filing and service of a
            counterclaim, the counterclaim shall be reviewed by a Copyright
            Claims Attorney to ensure that the counterclaim complies with
            the provisions of this chapter and applicable regulations. If
            the counterclaim is found not to comply, the counterclaimant
            and the other parties to the proceeding shall be notified that
            the counterclaim is deficient, and the counterclaimant shall be
            permitted to file and serve an amended counterclaim not later
            than 30 days after the date of such notice. If the
            counterclaimant files and serves a compliant counterclaim
            within that 30-day period, the counterclaimant and such other
            parties shall be so notified. If the counterclaim is refiled
            and served within that 30-day period but still fails to comply,
            the counterclaimant and such other parties shall again be
            notified that the counterclaim is deficient, and the
            counterclaimant shall be provided a second opportunity to amend
            the counterclaim not later than 30 days after the date of the
            second notice. If the counterclaim is refiled and served again
            within that second 30-day period and is compliant, the
            counterclaimant and such other parties shall be so notified,
            but if the counterclaim still fails to comply, upon
            confirmation of such noncompliance by a Copyright Claims
            Officer, the counterclaim, but not the proceeding, shall be
            dismissed without prejudice.
                ``(3) Dismissal for unsuitability.--The Copyright Claims
            Board shall dismiss a claim or counterclaim without prejudice
            if, upon reviewing the claim or counterclaim, or at any other
            time in the proceeding, the Copyright Claims Board concludes
            that the claim or counterclaim is unsuitable for determination
            by the Copyright Claims Board, including on account of any of
            the following:
                        ``(A) The failure to join a necessary party.
                        ``(B) The lack of an essential witness, evidence,
                    or expert testimony.
                        ``(C) The determination of a relevant issue of law
                    or fact that could exceed either the number of
                    proceedings the Copyright Claims Board could reasonably
                    administer or the subject matter competence of the
                    Copyright Claims Board.
        ``(g) Service of Notice and Claims.--In order to proceed with a
    claim against a respondent, a claimant shall, not later than 90 days
    after receiving notification under subsection (f) to proceed with
    service, file with the Copyright Claims Board proof of service on the
    respondent. In order to effectuate service on a respondent, the
    claimant shall cause notice of the proceeding and a copy of the claim
    to be served on the respondent, either by personal service or pursuant
    to a waiver of personal service, as prescribed in regulations
    established by the Register of Copyrights. Such regulations shall
    include the following requirements:
                ``(1) The notice of the proceeding shall adhere to a
            prescribed form and shall set forth the nature of the Copyright
            Claims Board and proceeding, the right of the respondent to opt
            out, and the consequences of opting out and not opting out,
            including a prominent statement that, by not opting out within
            60 days after receiving the notice, the respondent--
                        ``(A) loses the opportunity to have the dispute
                    decided by a court created under article III of the
                    Constitution of the United States; and
                        ``(B) waives the right to a jury trial regarding
                    the dispute.
                ``(2) The copy of the claim served on the respondent shall
            be the same as the claim that was filed with the Copyright
            Claims Board.
                ``(3) Personal service of a notice and claim may be
            effected by an individual who is not a party to the proceeding
            and is older than 18 years of age.
                ``(4) An individual, other than a minor or incompetent
            individual, may be served by--
                        ``(A) complying with State law for serving a
                    summons in an action brought in courts of general
                    jurisdiction in the State where service is made;
                        ``(B) delivering a copy of the notice and claim to
                    the individual personally;
                        ``(C) leaving a copy of the notice and claim at the
                    individual's dwelling or usual place of abode with
                    someone of suitable age and discretion who resides
                    there; or
                        ``(D) delivering a copy of the notice and claim to
                    an agent designated by the respondent to receive
                    service of process or, if not so designated, an agent
                    authorized by appointment or by law to receive service
                    of process.
                ``(5)(A) A corporation, partnership, or unincorporated
            association that is subject to suit in courts of general
            jurisdiction under a common name shall be served by delivering
            a copy of the notice and claim to its service agent. If such
            service agent has not been designated, service shall be
            accomplished--
                        ``(i) by complying with State law for serving a
                    summons in an action brought in courts of general
                    jurisdiction in the State where service is made; or
                        ``(ii) by delivering a copy of the notice and claim
                    to an officer, a managing or general agent, or any
                    other agent authorized by appointment or by law to
                    receive service of process in an action brought in
                    courts of general jurisdiction in the State where
                    service is made and, if the agent is one authorized by
                    statute and the statute so requires, by also mailing a
                    copy of the notice and claim to the respondent.
                ``(B) A corporation, partnership, or unincorporated
            association that is subject to suit in courts of general
            jurisdiction under a common name may elect to designate a
            service agent to receive notice of a claim against it before
            the Copyright Claims Board by complying with requirements that
            the Register of Copyrights shall establish by regulation. The
            Register of Copyrights shall maintain a current directory of
            service agents that is available to the public for inspection,
            including through the internet, and may require such
            corporations, partnerships, and unincorporated associations
            designating such service agents to pay a fee to cover the costs
            of maintaining the directory.
                ``(6) In order to request a waiver of personal service, the
            claimant may notify a respondent, by first class mail or by
            other reasonable means, that a proceeding has been commenced,
            such notice to be made in accordance with regulations
            established by the Register of Copyrights, subject to the
            following:
                        ``(A) Any such request shall be in writing, shall
                    be addressed to the respondent, and shall be
                    accompanied by a prescribed notice of the proceeding, a
                    copy of the claim as filed with the Copyright Claims
                    Board, a prescribed form for waiver of personal
                    service, and a prepaid or other means of returning the
                    form without cost.
                        ``(B) The request shall state the date on which the
                    request is sent, and shall provide the respondent a
                    period of 30 days, beginning on the date on which the
                    request is sent, to return the waiver form signed by
                    the respondent. The signed waiver form shall, for
                    purposes of this subsection, constitute acceptance and
                    proof of service as of the date on which the waiver is
                    signed.
                ``(7)(A) A respondent's waiver of personal service shall
            not constitute a waiver of the respondent's right to opt out of
            the proceeding.
                ``(B) A respondent who timely waives personal service under
            paragraph (6) and does not opt out of the proceeding shall be
            permitted a period of 30 days, in addition to the period
            otherwise permitted under the applicable procedures of the
            Copyright Claims Board, to submit a substantive response to the
            claim, including any defenses and counterclaims.
                ``(8) A minor or an incompetent individual may only be
            served by complying with State law for serving a summons or
            like process on such an individual in an action brought in the
            courts of general jurisdiction of the State where service is
            made.
                ``(9) Service of a claim and waiver of personal service may
            only be effected within the United States.
        ``(h) Notification by Copyright Claims Board.--The Register of
    Copyrights shall establish regulations providing for a written
    notification to be sent by, or on behalf of, the Copyright Claims Board
    to notify the respondent of a pending proceeding against the
    respondent, as set forth in those regulations, which shall--
                ``(1) include information concerning the respondent's right
            to opt out of the proceeding, the consequences of opting out
            and not opting out, and a prominent statement that, by not
            opting out within 60 days after the date of service under
            subsection (g), the respondent loses the opportunity to have
            the dispute decided by a court created under article III of the
            Constitution of the United States and waives the right to a
            jury trial regarding the dispute; and
                ``(2) be in addition to, and separate and apart from, the
            notice requirements under subsection (g).
        ``(i) Opt-Out Procedure.--Upon being properly served with a notice
    and claim, a respondent who chooses to opt out of the proceeding shall
    have a period of 60 days, beginning on the date of service, in which to
    provide written notice of such choice to the Copyright Claims Board, in
    accordance with regulations established by the Register of Copyrights.
    If proof of service has been filed by the claimant and the respondent
    does not submit an opt-out notice to the Copyright Claims Board within
    that 60-day period, the proceeding shall be deemed an active proceeding
    and the respondent shall be bound by the determination in the
    proceeding to the extent provided under section 1507(a). If the
    respondent opts out of the proceeding during that 60-day period, the
    proceeding shall be dismissed without prejudice, except that, in
    exceptional circumstances and upon written notice to the claimant, the
    Copyright Claims Board may extend that 60-day period in the interests
    of justice.
        ``(j) Service of Other Documents.--Documents submitted or relied
    upon in a proceeding, other than the notice and claim, shall be served
    in accordance with regulations established by the Register of
    Copyrights.
        ``(k) Scheduling.--Upon confirmation that a proceeding has become
    an active proceeding, the Copyright Claims Board shall issue a schedule
    for the future conduct of the proceeding. The schedule shall not
    specify a time that a claimant or counterclaimant is required make an
    election of damages that is inconsistent with section 1504(e). A
    schedule issued by the Copyright Claims Board may be amended by the
    Copyright Claims Board in the interests of justice.
        ``(l) Conferences.--One or more Copyright Claims Officers may hold
    a conference to address case management or discovery issues in a
    proceeding, which shall be noted upon the record of the proceeding and
    may be recorded or transcribed.
        ``(m) Party Submissions.--A proceeding of the Copyright Claims
    Board may not include any formal motion practice, except that, subject
    to applicable regulations and procedures of the Copyright Claims
    Board--
                ``(1) the parties to the proceeding may make requests to
            the Copyright Claims Board to address case management and
            discovery matters, and submit responses thereto; and
                ``(2) the Copyright Claims Board may request or permit
            parties to make submissions addressing relevant questions of
            fact or law, or other matters, including matters raised sua
            sponte by the Copyright Claims Officers, and offer responses
            thereto.
        ``(n) Discovery.--Discovery in a proceeding shall be limited to the
    production of relevant information and documents, written
    interrogatories, and written requests for admission, as provided in
    regulations established by the Register of Copyrights, except that--
                ``(1) upon the request of a party, and for good cause
            shown, the Copyright Claims Board may approve additional
            relevant discovery, on a limited basis, in particular matters,
            and may request specific information and documents from
            participants in the proceeding and voluntary submissions from
            nonparticipants, consistent with the interests of justice;
                ``(2) upon the request of a party, and for good cause
            shown, the Copyright Claims Board may issue a protective order
            to limit the disclosure of documents or testimony that contain
            confidential information; and
                ``(3) after providing notice and an opportunity to respond,
            and upon good cause shown, the Copyright Claims Board may apply
            an adverse inference with respect to disputed facts against a
            party who has failed to timely provide discovery materials in
            response to a proper request for materials that could be
            relevant to such facts.
        ``(o) Evidence.--The Copyright Claims Board may consider the
    following types of evidence in a proceeding, and such evidence may be
    admitted without application of formal rules of evidence:
                ``(1) Documentary and other nontestimonial evidence that is
            relevant to the claims, counterclaims, or defenses in the
            proceeding.
                ``(2) Testimonial evidence, submitted under penalty of
            perjury in written form or in accordance with subsection (p),
            limited to statements of the parties and nonexpert witnesses,
            that is relevant to the claims, counterclaims, and defenses in
            a proceeding, except that, in exceptional cases, expert witness
            testimony or other types of testimony may be permitted by the
            Copyright Claims Board for good cause shown.
        ``(p) Hearings.--The Copyright Claims Board may conduct a hearing
    to receive oral presentations on issues of fact or law from parties and
    witnesses to a proceeding, including oral testimony, subject to the
    following:
                ``(1) Any such hearing shall be attended by not fewer than
            2 of the Copyright Claims Officers.
                ``(2) The hearing shall be noted upon the record of the
            proceeding and, subject to paragraph (3), may be recorded or
            transcribed as deemed necessary by the Copyright Claims Board.
                ``(3) A recording or transcript of the hearing shall be
            made available to any Copyright Claims Officer who is not in
            attendance.
        ``(q) Voluntary Dismissal.--
                ``(1) By claimant.--Upon the written request of a claimant
            that is received before a respondent files a response to the
            claim in a proceeding, the Copyright Claims Board shall dismiss
            the proceeding, or a claim or respondent, as requested, without
            prejudice.
                ``(2) By counterclaimant.--Upon written request of a
            counterclaimant that is received before a claimant files a
            response to the counterclaim, the Copyright Claims Board shall
            dismiss the counterclaim, such dismissal to be without
            prejudice.
                ``(3) Class actions.--Any party in an active proceeding
            before the Copyright Claims Board who receives notice of a
            pending or putative class action, arising out of the same
            transaction or occurrence, in which that party is a class
            member may request in writing dismissal of the proceeding
            before the Board. Upon notice to all claimants and
            counterclaimants, the Copyright Claims Board shall dismiss the
            proceeding without prejudice.
        ``(r) Settlement.--
                ``(1) In general.--At any time in an active proceeding,
            some or all of the parties may--
                        ``(A) jointly request a conference with a Copyright
                    Claims Officer for the purpose of facilitating
                    settlement discussions; or
                        ``(B) submit to the Copyright Claims Board an
                    agreement providing for settlement and dismissal of
                    some or all of the claims and counterclaims in the
                    proceeding.
                ``(2) Additional request.--A submission under paragraph
            (1)(B) may include a request that the Copyright Claims Board
            adopt some or all of the terms of the parties' settlement in a
            final determination in the proceeding.
        ``(s) Factual Findings.--Subject to subsection (n)(3), the
    Copyright Claims Board shall make factual findings based upon a
    preponderance of the evidence.
        ``(t) Determinations.--
                ``(1) Nature and contents.--A determination rendered by the
            Copyright Claims Board in a proceeding shall--
                        ``(A) be reached by a majority of the Copyright
                    Claims Board;
                        ``(B) be in writing, and include an explanation of
                    the factual and legal basis of the determination;
                        ``(C) set forth any terms by which a respondent or
                    counterclaim respondent has agreed to cease infringing
                    activity under section 1504(e)(2);
                        ``(D) to the extent requested under subsection
                    (r)(2), set forth the terms of any settlement agreed to
                    under subsection (r)(1); and
                        ``(E) include a clear statement of all damages and
                    other relief awarded, including under subparagraphs (C)
                    and (D).
                ``(2) Dissent.--A Copyright Claims Officer who dissents
            from a decision contained in a determination under paragraph
            (1) may append a statement setting forth the grounds for that
            dissent.
                ``(3) Publication.--Each final determination of the
            Copyright Claims Board shall be made available on a publicly
            accessible website. The Register shall establish regulations
            with respect to the publication of other records and
            information relating to such determinations, including the
            redaction of records to protect confidential information that
            is the subject of a protective order under subsection (n)(2).
                ``(4) Freedom of information act.--All information relating
            to proceedings of the Copyright Claims Board under this chapter
            is exempt from disclosure to the public under section 552(b)(3)
            of title 5, except for determinations, records, and information
            published under paragraph (3).
        ``(u) Respondent's Default.--If a proceeding has been deemed an
    active proceeding but the respondent has failed to appear or has ceased
    participating in the proceeding, as demonstrated by the respondent's
    failure, without justifiable cause, to meet 1 or more deadlines or
    requirements set forth in the schedule adopted by the Copyright Claims
    Board under subsection (k), the Copyright Claims Board may enter a
    default determination, including the dismissal of any counterclaim
    asserted by the respondent, as follows and in accordance with such
    other requirements as the Register of Copyrights may establish by
    regulation:
                ``(1) The Copyright Claims Board shall require the claimant
            to submit relevant evidence and other information in support of
            the claimant's claim and any asserted damages and, upon review
            of such evidence and any other requested submissions from the
            claimant, shall determine whether the materials so submitted
            are sufficient to support a finding in favor of the claimant
            under applicable law and, if so, the appropriate relief and
            damages, if any, to be awarded.
                ``(2) If the Copyright Claims Board makes an affirmative
            determination under paragraph (1), the Copyright Claims Board
            shall prepare a proposed default determination, and shall
            provide written notice to the respondent at all addresses,
            including email addresses, reflected in the records of the
            proceeding before the Copyright Claims Board, of the pendency
            of a default determination by the Copyright Claims Board and of
            the legal significance of such determination. Such notice shall
            be accompanied by the proposed default determination and shall
            provide that the respondent has a period of 30 days, beginning
            on the date of the notice, to submit any evidence or other
            information in opposition to the proposed default
            determination.
                ``(3) If the respondent responds to the notice provided
            under paragraph (2) within the 30-day period provided in such
            paragraph, the Copyright Claims Board shall consider the
            respondent's submissions and, after allowing the other parties
            to address such submissions, maintain, or amend its proposed
            determination as appropriate, and the resulting determination
            shall not be a default determination.
                ``(4) If the respondent fails to respond to the notice
            provided under paragraph (2), the Copyright Claims Board shall
            proceed to issue the default determination as a final
            determination. Thereafter, the respondent may only challenge
            such determination to the extent permitted under section
            1508(c), except that, before any additional proceedings are
            initiated under section 1508, the Copyright Claims Board may,
            in the interests of justice, vacate the default determination.
        ``(v) Claimant's Failure To Proceed.--
                ``(1) Failure to complete service.--If a claimant fails to
            complete service on a respondent within the 90-day period
            required under subsection (g), the Copyright Claims Board shall
            dismiss that respondent from the proceeding without prejudice.
            If a claimant fails to complete service on all respondents
            within that 90-day period, the Copyright Claims Board shall
            dismiss the proceeding without prejudice.
                ``(2) Failure to prosecute.--If a claimant fails to proceed
            in an active proceeding, as demonstrated by the claimant's
            failure, without justifiable cause, to meet 1 or more deadlines
            or requirements set forth in the schedule adopted by the
            Copyright Claims Board under subsection (k), the Copyright
            Claims Board may, upon providing written notice to the claimant
            and a period of 30 days, beginning on the date of the notice,
            to respond to the notice, and after considering any such
            response, issue a determination dismissing the claimant's
            claims, which shall include an award of attorneys' fees and
            costs, if appropriate, under subsection (y)(2). Thereafter, the
            claimant may only challenge such determination to the extent
            permitted under section 1508(c), except that, before any
            additional proceedings are initiated under section 1508, the
            Copyright Claims Board may, in the interests of justice, vacate
            the determination of dismissal.
        ``(w) Request for Reconsideration.--A party may, not later than 30
    days after the date on which the Copyright Claims Board issues a final
    determination in a proceeding under this chapter, submit a written
    request for reconsideration of, or an amendment to, such determination
    if the party identifies a clear error of law or fact material to the
    outcome, or a technical mistake. After providing the other parties an
    opportunity to address such request, the Copyright Claims Board shall
    either deny the request or issue an amended final determination.
        ``(x) Review by Register.--If the Copyright Claims Board denies a
    party a request for reconsideration of a final determination under
    subsection (w), that party may, not later than 30 days after the date
    of such denial, request review of the final determination by the
    Register of Copyrights in accordance with regulations established by
    the Register. Such request shall be accompanied by a reasonable filing
    fee, as provided in such regulations. The review by the Register shall
    be limited to consideration of whether the Copyright Claims Board
    abused its discretion in denying reconsideration of the determination.
    After providing the other parties an opportunity to address the
    request, the Register shall either deny the request for review, or
    remand the proceeding to the Copyright Claims Board for reconsideration
    of issues specified in the remand and for issuance of an amended final
    determination. Such amended final determination shall not be subject to
    further consideration or review, other than under section 1508(c).
        ``(y) Conduct of Parties and Attorneys.--
                ``(1) Certification.--The Register of Copyrights shall
            establish regulations requiring certification of the accuracy
            and truthfulness of statements made by participants in
            proceedings before the Copyright Claims Board.
                ``(2) Bad faith conduct.--Notwithstanding any other
            provision of law, in any proceeding in which a determination is
            rendered and it is established that a party pursued a claim,
            counterclaim, or defense for a harassing or other improper
            purpose, or without a reasonable basis in law or fact, then,
            unless inconsistent with the interests of justice, the
            Copyright Claims Board shall in such determination award
            reasonable costs and attorneys' fees to any adversely affected
            party of in an amount of not more than $5,000, except that--
                        ``(A) if an adversely affected party appeared pro
                    se in the proceeding, the award to that party shall be
                    for costs only, in an amount of not more than $2,500;
                    and
                        ``(B) in extraordinary circumstances, such as where
                    a party has demonstrated a pattern or practice of bad
                    faith conduct as described in this paragraph, the
                    Copyright Claims Board may, in the interests of
                    justice, award costs and attorneys' fees in excess of
                    the limitations under this paragraph.
                ``(3) Additional penalty.--If the Board finds that on more
            than 1 occasion within a 12-month period a party pursued a
            claim, counterclaim, or defense before the Copyright Claims
            Board for a harassing or other improper purpose, or without a
            reasonable basis in law or fact, that party shall be barred
            from initiating a claim before the Copyright Claims Board under
            this chapter for a period of 12 months beginning on the date on
            which the Board makes such a finding. Any proceeding commenced
            by that party that is still pending before the Board when such
            a finding is made shall be dismissed without prejudice, except
            that if a proceeding has been deemed active under subsection
            (i), the proceeding shall be dismissed under this paragraph
            only if the respondent provides written consent thereto.
        ``(z) Regulations for Smaller Claims.--The Register of Copyrights
    shall establish regulations to provide for the consideration and
    determination, by not fewer than 1 Copyright Claims Officer, of any
    claim under this chapter in which total damages sought do not exceed
    $5,000 (exclusive of attorneys' fees and costs). A determination issued
    under this subsection shall have the same effect as a determination
    issued by the entire Copyright Claims Board.
        ``(aa) Opt-out for Libraries and Archives.--
                ``(1) In general.--The Register of Copyrights shall
            establish regulations allowing for a library or archives that
            does not wish to participate in proceedings before the
            Copyright Claims Board to preemptively opt out of such
            proceedings.
                ``(2) Procedures.--The regulations established under
            paragraph (1) shall--
                        ``(A) set forth procedures for preemptively opting
                    out of proceedings before the Copyright Claims Board;
                    and
                        ``(B) require that the Copyright Office compile and
                    maintain a publicly available list of the libraries and
                    archives that have successfully opted out of
                    proceedings in accordance with the procedures described
                    in subparagraph (A).
                ``(3) No fee or renewal required.--The Register of
            Copyrights may not--
                        ``(A) charge a library or archives a fee to
                    preemptively opt out of proceedings under this
                    subsection; or
                        ``(B) require a library or archives to renew a
                    decision to preemptively opt out of proceedings under
                    this subsection.
                ``(4) Definitions.--For purposes of this subsection, the
            terms `library' and `archives' mean any library or archives,
            respectively, that qualifies for the limitations on exclusive
            rights under section 108.
    ``Sec. 1507. Effect of proceeding
        ``(a) Determination.--Subject to the reconsideration and review
    processes provided under subsections (w) and (x) of section 1506 and
    section 1508(c), the issuance of a final determination by the Copyright
    Claims Board in a proceeding, including a default determination or
    determination based on a failure to prosecute, shall, solely with
    respect to the parties to such determination, preclude relitigation
    before any court or tribunal, or before the Copyright Claims Board, of
    the claims and counterclaims asserted and finally determined by the
    Board, and may be relied upon for such purpose in a future action or
    proceeding arising from the same specific activity or activities,
    subject to the following:
                ``(1) A determination of the Copyright Claims Board shall
            not preclude litigation or relitigation as between the same or
            different parties before any court or tribunal, or the
            Copyright Claims Board, of the same or similar issues of fact
            or law in connection with claims or counterclaims not asserted
            or not finally determined by the Copyright Claims Board.
                ``(2) A determination of ownership of a copyrighted work
            for purposes of resolving a matter before the Copyright Claims
            Board may not be relied upon, and shall not have any preclusive
            effect, in any other action or proceeding before any court or
            tribunal, including the Copyright Claims Board.
                ``(3) Except to the extent permitted under this subsection
            and section 1508, any determination of the Copyright Claims
            Board may not be cited or relied upon as legal precedent in any
            other action or proceeding before any court or tribunal,
            including the Copyright Claims Board.
        ``(b) Class Actions Not Affected.--
                ``(1) In general.--A proceeding before the Copyright Claims
            Board shall not have any effect on a class action proceeding in
            a district court of the United States, and section 1509(a)
            shall not apply to a class action proceeding in a district
            court of the United States.
                ``(2) Notice of class action.--Any party to an active
            proceeding before the Copyright Claims Board who receives
            notice of a pending class action, arising out of the same
            transaction or occurrence as the proceeding before the
            Copyright Claims Board, in which the party is a class member
            shall either--
                        ``(A) opt out of the class action, in accordance
                    with regulations established by the Register of
                    Copyrights; or
                        ``(B) seek dismissal under section 1506(q)(3) of
                    the proceeding before the Copyright Claims Board.
        ``(c) Other Materials in Proceeding.--Except as permitted under
    this section and section 1508, a submission or statement of a party or
    witness made in connection with a proceeding before the Copyright
    Claims Board, including a proceeding that is dismissed, may not be
    cited or relied upon in, or serve as the basis of, any action or
    proceeding concerning rights or limitations on rights under this title
    before any court or tribunal, including the Copyright Claims Board.
        ``(d) Applicability of Section 512(g).--A claim or counterclaim
    before the Copyright Claims Board that is brought under subsection
    (c)(1) or (c)(4) of section 1504, or brought under subsection (c)(6) of
    section 1504 and that relates to a claim under subsection (c)(1) or
    (c)(4) of such section, qualifies as an action seeking an order to
    restrain a subscriber from engaging in infringing activity under
    section 512(g)(2)(C) if--
                ``(1) notice of the commencement of the Copyright Claims
            Board proceeding is provided by the claimant to the service
            provider's designated agent before the service provider
            replaces the material following receipt of a counter
            notification under section 512(g); and
                ``(2) the claim brought alleges infringement of the
            material identified in the notification of claimed infringement
            under section 512(c)(1)(C).
        ``(e) Failure To Assert Counterclaim.--The failure or inability to
    assert a counterclaim in a proceeding before the Copyright Claims Board
    shall not preclude the assertion of that counterclaim in a subsequent
    court action or proceeding before the Copyright Claims Board.
        ``(f) Opt-Out or Dismissal of Party.--If a party has timely opted
    out of a proceeding under section 1506(i) or is dismissed from a
    proceeding before the Copyright Claims Board issues a final
    determination in the proceeding, the determination shall not be binding
    upon and shall have no preclusive effect with respect to that party.
    ``Sec. 1508. Review and confirmation by district court
        ``(a) In General.--In any proceeding in which a party has failed to
    pay damages, or has failed otherwise to comply with the relief, awarded
    in a final determination of the Copyright Claims Board, including a
    default determination or a determination based on a failure to
    prosecute, the aggrieved party may, not later than 1 year after the
    date on which the final determination is issued, any reconsideration by
    the Copyright Claims Board or review by the Register of Copyrights is
    resolved, or an amended final determination is issued, whichever occurs
    last, apply to the United States District Court for the District of
    Columbia or any other appropriate district court of the United States
    for an order confirming the relief awarded in the final determination
    and reducing such award to judgment. The court shall grant such order
    and direct entry of judgment unless the determination is or has been
    vacated, modified, or corrected under subsection (c). If the United
    States District Court for the District of Columbia or other district
    court of the United States, as the case may be, issues an order
    confirming the relief awarded by the Copyright Claims Board, the court
    shall impose on the party who failed to pay damages or otherwise comply
    with the relief, the reasonable expenses required to secure such order,
    including attorneys' fees, that were incurred by the aggrieved party.
        ``(b) Filing Procedures.--
                ``(1) Application to confirm determination.--Notice of the
            application under subsection (a) for confirmation of a
            determination of the Copyright Claims Board and entry of
            judgment shall be provided to all parties to the proceeding
            before the Copyright Claims Board that resulted in the
            determination, in accordance with the procedures applicable to
            service of a motion in the district court of the United States
            where the application is made.
                ``(2) Contents of application.--The application under
            subsection (a) shall include the following:
                        ``(A) A certified copy of the final or amended
                    final determination of the Copyright Claims Board, as
                    reflected in the records of the Copyright Claims Board,
                    following any process of reconsideration or review by
                    the Register of Copyrights, to be confirmed and
                    rendered to judgment.
                        ``(B) A declaration by the applicant, under penalty
                    of perjury--
                                ``(i) that the copy is a true and correct
                            copy of such determination;
                                ``(ii) stating the date the determination
                            was issued;
                                ``(iii) stating the basis for the challenge
                            under subsection (c)(1); and
                                ``(iv) stating whether the applicant is
                            aware of any other proceedings before the court
                            concerning the same determination of the
                            Copyright Claims Board.
        ``(c) Challenges to the Determination.--
                ``(1) Bases for challenge.--Not later than 90 days after
            the date on which the Copyright Claims Board issues a final or
            amended final determination in a proceeding, or not later than
            90 days after the date on which the Register of Copyrights
            completes any process of reconsideration or review of the
            determination, whichever occurs later, a party may seek an
            order from a district court of the United States vacating,
            modifying, or correcting the determination of the Copyright
            Claims Board in the following cases:
                        ``(A) If the determination was issued as a result
                    of fraud, corruption, misrepresentation, or other
                    misconduct.
                        ``(B) If the Copyright Claims Board exceeded its
                    authority or failed to render a final determination
                    concerning the subject matter at issue.
                        ``(C) In the case of a default determination or
                    determination based on a failure to prosecute, if it is
                    established that the default or failure was due to
                    excusable neglect.
                ``(2) Procedure to challenge.--
                        ``(A) Notice of application.--Notice of the
                    application to challenge a determination of the
                    Copyright Claims Board shall be provided to all parties
                    to the proceeding before the Copyright Claims Board, in
                    accordance with the procedures applicable to service of
                    a motion in the court where the application is made.
                        ``(B) Staying of proceedings.--For purposes of an
                    application under this subsection, any judge who is
                    authorized to issue an order to stay the proceedings in
                    another action brought in the same court may issue an
                    order, to be served with the notice of application,
                    staying proceedings to enforce the award while the
                    challenge is pending.
    ``Sec. 1509. Relationship to other district court actions
        ``(a) Stay of District Court Proceedings.--Subject to section
    1507(b), a district court of the United States shall issue a stay of
    proceedings or such other relief as the court determines appropriate
    with respect to any claim brought before the court that is already the
    subject of a pending or active proceeding before the Copyright Claims
    Board.
        ``(b) Alternative Dispute Resolution Process.--A proceeding before
    the Copyright Claims Board under this chapter shall qualify as an
    alternative dispute resolution process under section 651 of title 28
    for purposes of referral of eligible cases by district courts of the
    United States upon the consent of the parties.
    ``Sec. 1510. Implementation by Copyright Office
        ``(a) Regulations.--
                ``(1) Implementation generally.--The Register of Copyrights
            shall establish regulations to carry out this chapter. Such
            regulations shall include the fees prescribed under subsections
            (e) and (x) of section 1506. The authority to issue such fees
            shall not limit the authority of the Register of Copyrights to
            establish fees for services under section 708. All fees
            received by the Copyright Office in connection with the
            activities under this chapter shall be deposited by the
            Register of Copyrights and credited to the appropriations for
            necessary expenses of the Office in accordance with section
            708(d). In establishing regulations under this subsection, the
            Register of Copyrights shall provide for the efficient
            administration of the Copyright Claims Board, and for the
            ability of the Copyright Claims Board to timely complete
            proceedings instituted under this chapter, including by
            implementing mechanisms to prevent harassing or improper use of
            the Copyright Claims Board by any party.
                ``(2) Limits on monetary relief.--
                        ``(A) In general.--Subject to subparagraph (B), not
                    earlier than 3 years after the date on which Copyright
                    Claims Board issues the first determination of the
                    Copyright Claims Board, the Register of Copyrights may,
                    in order to further the goals of the Copyright Claims
                    Board, conduct a rulemaking to adjust the limits on
                    monetary recovery or attorneys' fees and costs that may
                    be awarded under this chapter.
                        ``(B) Effective date of adjustment.--Any rule under
                    subparagraph (A) that makes an adjustment shall take
                    effect at the end of the 120-day period beginning on
                    the date on which the Register of Copyrights submits
                    the rule to Congress and only if Congress does not,
                    during that 120-day period, enact a law that provides
                    in substance that Congress does not approve the rule.
        ``(b) Necessary Facilities.--Subject to applicable law, the
    Register of Copyrights may retain outside vendors to establish
    internet-based, teleconferencing, and other facilities required to
    operate the Copyright Claims Board.
        ``(c) Fees.--Any filing fees, including the fee to commence a
    proceeding under section 1506(e), shall be prescribed in regulations
    established by the Register of Copyrights. The sum total of such filing
    fees shall be in an amount of not less than $100, may not exceed the
    cost of filing an action in a district court of the United States, and
    shall be fixed in amounts that further the goals of the Copyright
    Claims Board.
    ``Sec. 1511. Funding
        ``There are authorized to be appropriated such sums as may be
    necessary to pay the costs incurred by the Copyright Office under this
    chapter that are not covered by fees collected for services rendered
    under this chapter, including the costs of establishing and maintaining
    the Copyright Claims Board and its facilities.''.
        (c) Clerical Amendment.--The table of chapters for title 17, United
    States Code, is amended by adding at the end the following:

    ``15. Copyright Small Claims................................    1501''.
        (d) Implementation.--
                (1) In general.--Except as provided in paragraph (2), not
            later than 1 year after the date of enactment of this Act, the
            Copyright Claims Board established under section 1502 of title
            17, United States Code, as added by subsection (b) of this
            section, shall begin operations.
                (2) Extension.--The Register of Copyrights may, for good
            cause, extend the deadline under paragraph (1) by not more than
            180 days if the Register of Copyrights provides notice of the
            extension to the public and to Congress.
        (e) Study.--Not later than 3 years after the date on which the
    Copyright Claims Board issues the first determination of the Copyright
    Claims Board under chapter 15 of title 17, United States Code, as added
    by subsection (b) of this section, the Register of Copyrights shall
    conduct, and report to Congress on, a study that addresses the
    following:
                (1) The use and efficacy of the Copyright Claims Board in
            resolving copyright claims, including the number of proceedings
            the Copyright Claims Board could reasonably administer.
                (2) Whether adjustments to the authority of the Copyright
            Claims Board are necessary or advisable, including with respect
            to--
                        (A) eligible claims, such as claims under section
                    1202 of title 17, United States Code; and
                        (B) works and applicable damages limitations.
                (3) Whether greater allowance should be made to permit
            awards of attorneys' fees and costs to prevailing parties,
            including potential limitations on such awards.
                (4) Potential mechanisms to assist copyright owners with
            small claims in ascertaining the identity and location of
            unknown online infringers.
                (5) Whether the Copyright Claims Board should be expanded
            to offer mediation or other nonbinding alternative dispute
            resolution services to interested parties.
                (6) Such other matters as the Register of Copyrights
            believes may be pertinent concerning the Copyright Claims
            Board.
        (f) Severability.--If any provision of this section, an amendment
    made by this section, or the application of such provision or amendment
    to any person or circumstance is held to be unconstitutional, the
    remainder of this section and the amendments made by this section, and
    the application of the provision or the amendment to any other person
    or circumstance, shall not be affected.

                             Subtitle B--Trademarks

    SEC. 221. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This subtitle may be cited as the ``Trademark
    Modernization Act of 2020'' or the ``TM Act of 2020''.
        (b) Table of Contents.--The table of contents for this subtitle is
    as follows:

                             Subtitle B--Trademarks

    Sec. 221. Short title; table of contents.
    Sec. 222. Definitions.
    Sec. 223. Providing for third-party submission of evidence during
                                examination.
    Sec. 224. Providing for flexible response periods.
    Sec. 225. Ex parte expungement; ex parte reexamination; new grounds for
                                cancellation.
    Sec. 226. Rebuttable presumption of irreparable harm.
    Sec. 227. Report on decluttering initiatives.
    Sec. 228. Amendments to confirm authority of the Director.

    SEC. 222. DEFINITIONS.

        In this subtitle:
                (1) Director.--The term ``Director'' means the Under
            Secretary of Commerce for Intellectual Property and Director of
            the United States Patent and Trademark Office.
                (2) Trademark act of 1946.--The term ``Trademark Act of
            1946'' means the Act entitled ``An Act to provide for the
            registration and protection of trademarks used in commerce, to
            carry out the provisions of certain international conventions,
            and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051
            et. seq) (commonly referred to as the ``Trademark Act of 1946''
            or the ``Lanham Act'').

    SEC. 223. PROVIDING FOR THIRD-PARTY SUBMISSION OF EVIDENCE DURING
                  EXAMINATION.

        (a) Amendment.--Section 1 of the Trademark Act of 1946 (15 U.S.C.
    1051) is amended by adding at the end the following:
        ``(f) A third party may submit for consideration for inclusion in
    the record of an application evidence relevant to a ground for refusal
    of registration. The third-party submission shall identify the ground
    for refusal and include a concise description of each piece of evidence
    submitted in support of each identified ground for refusal. Not later
    than 2 months after the date on which the submission is filed, the
    Director shall determine whether the evidence should be included in the
    record of the application. The Director shall establish by regulation
    appropriate procedures for the consideration of evidence submitted by a
    third party under this subsection and may prescribe a fee to accompany
    the submission. If the Director determines that the third-party
    evidence should be included in the record of the application, only the
    evidence and the ground for refusal to which the evidence relates may
    be so included. Any determination by the Director whether or not to
    include evidence in the record of an application shall be final and
    non-reviewable, and a determination to include or to not include
    evidence in the record shall not prejudice any party's right to raise
    any issue and rely on any evidence in any other proceeding.''.
        (b) Deadline for Procedures.--Not later than 1 year after the date
    of enactment of this Act, the Director shall establish the appropriate
    procedures described in section 1(f) of the Trademark Act of 1946, as
    added by subsection (a).
        (c) Effective Date.--The amendment made by subsection (a) shall
    take effect 1 year after the date of enactment of this Act.

    SEC. 224. PROVIDING FOR FLEXIBLE RESPONSE PERIODS.

        Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 1062(b)) is
    amended to read as follows:
        ``(b)(1) If the applicant is found not entitled to registration,
    the examiner shall notify the applicant thereof and of the reasons
    therefor. The applicant may reply or amend the application, which shall
    then be reexamined. This procedure may be repeated until the examiner
    finally refuses registration of the mark or the application is
    abandoned as described in paragraph (2).
        ``(2) After notification under paragraph (1), the applicant shall
    have a period of 6 months in which to reply or amend the application,
    or such shorter time that is not less than 60 days, as prescribed by
    the Director by regulation. If the applicant fails to reply or amend or
    appeal within the relevant time period, including any extension under
    paragraph (3), the application shall be deemed to have been abandoned,
    unless it can be shown to the satisfaction of the Director that the
    delay in responding was unintentional, in which case the application
    may be revived and such time may be extended. The Director may
    prescribe a fee to accompany any request to revive.
        ``(3) The Director shall provide, by regulation, for extensions of
    time to respond to the examiner for any time period under paragraph (2)
    that is less than 6 months. The Director shall allow the applicant to
    obtain extensions of time to reply or amend aggregating 6 months from
    the date of notification under paragraph (1) when the applicant so
    requests. However, the Director may set by regulation the time for
    individual periods of extension, and prescribe a fee, by regulation,
    for any extension request. Any request for extension shall be filed on
    or before the date on which a reply or amendment is due under paragraph
    (1).''.

    SEC. 225. EX PARTE EXPUNGEMENT; EX PARTE REEXAMINATION; NEW GROUNDS FOR
                  CANCELLATION.

        (a) Ex Parte Expungement.--The Trademark Act of 1946 is amended by
    inserting after section 16 (15 U.S.C. 1066) the following:

    ``SEC. 16A. EX PARTE EXPUNGEMENT.

        ``(a) Petition.--Notwithstanding sections 7(b) and 22, and
    subsections (a) and (b) of section 33, any person may file a petition
    to expunge a registration of a mark on the basis that the mark has
    never been used in commerce on or in connection with some or all of the
    goods or services recited in the registration.
        ``(b) Contents of Petition.--A petition filed under subsection (a),
    together with any supporting documents, shall--
                ``(1) identify the registration that is the subject of the
            petition;
                ``(2) identify each good or service recited in the
            registration for which it is alleged that the mark has never
            been used in commerce;
                ``(3) include a verified statement that sets forth--
                        ``(A) the elements of the reasonable investigation
                    the petitioner conducted to determine that the mark has
                    never been used in commerce on or in connection with
                    the goods and services identified in the petition; and
                        ``(B) any additional facts that support the
                    allegation that the mark has never been used in
                    commerce on or in connection with the identified goods
                    and services;
                ``(4) include any supporting evidence on which the
            petitioner relies; and
                ``(5) be accompanied by the fee prescribed by the Director.
        ``(c) Initial Determination; Institution.--
                ``(1) Prima facie case determination, institution, and
            notification.--The Director shall, for each good or service
            identified under subsection (b)(2), determine whether the
            petition sets forth a prima facie case of the mark having never
            been used in commerce on or in connection with each such good
            or service, institute an ex parte expungement proceeding for
            each good or service for which the Director determines that a
            prima facie case has been set forth, and provide a notice to
            the registrant and petitioner of the determination of whether
            or not the proceeding was instituted. Such notice shall include
            a copy of the petition and any supporting documents and
            evidence that were included with the petition.
                ``(2) Reasonable investigation guidance.--The Director
            shall promulgate regulations regarding what constitutes a
            reasonable investigation under subsection (b)(3) and the
            general types of evidence that could support a prima facie case
            that a mark has never been used in commerce, but the Director
            shall retain the discretion to determine whether a prima facie
            case is set out in a particular proceeding.
                ``(3) Determination by director.--Any determination by the
            Director whether or not to institute a proceeding under this
            section shall be final and non-reviewable, and shall not
            prejudice any party's right to raise any issue and rely on any
            evidence in any other proceeding, except as provided in
            subsection (j).
        ``(d) Ex Parte Expungement Procedures.--The procedures for ex parte
    expungement shall be the same as the procedures for examination under
    section 12(b), except that the Director shall promulgate regulations
    establishing and governing a proceeding under this section, which may
    include regulations that--
                ``(1) set response and extension times particular to this
            type of proceeding, which, notwithstanding section 12(b)(3),
            need not be extendable to 6 months;
                ``(2) set limits governing the timing and number of
            petitions filed for a particular registration or by a
            particular petitioner or real parties in interest; and
                ``(3) define the relation of a proceeding under this
            section to other proceedings concerning the mark.
        ``(e) Registrant's Evidence of Use.--A registrant's documentary
    evidence of use shall be consistent with when a mark shall be deemed to
    be in use in commerce under the definition of `use in commerce' in
    section 45, but shall not be limited in form to that of specimens as
    provided in section 1(a).
        ``(f) Excusable Nonuse.--During an ex parte expungement proceeding,
    for a mark registered under section 44(e) or an extension of protection
    under section 66, the registrant may offer evidence showing that any
    nonuse is due to special circumstances that excuse such nonuse. In such
    a case, the examiner shall determine whether the facts and evidence
    demonstrate excusable nonuse and shall not find that the registration
    should be cancelled under subsection (g) for any good or service for
    which excusable nonuse is demonstrated.
        ``(g) Examiner's Decision; Order to Cancel.--For each good or
    service for which it is determined that a mark has never been used in
    commerce, and for which the provisions of subsection (f) do not apply,
    the examiner shall find that the registration should be cancelled for
    each such good or service. A mark shall not be found to have never been
    used in commerce if there is evidence of use in commerce by the
    registrant that temporally would have supported registration at the
    time the application was filed or the relevant allegation of use was
    made, or after registration, but before the petition to expunge was
    filed under subsection (a), or an ex parte expungement proceeding was
    instituted by the Director under subsection (h). Unless overturned on
    review of the examiner's decision, the Director shall issue an order
    cancelling the registration, in whole or in part, after the time for
    appeal has expired or any appeal proceeding has terminated.
        ``(h) Ex Parte Expungement by the Director.--
                ``(1) In general.--The Director may, on the Director's own
            initiative, institute an ex parte expungement proceeding if the
            Director discovers information that supports a prima facie case
            of a mark having never been used in commerce on or in
            connection with any good or service covered by a registration.
            The Director shall promptly notify the registrant of such
            determination, at which time the ex parte expungement
            proceeding shall proceed according to the same procedures for
            ex parte expungement established pursuant to subsection (d). If
            the Director determines, based on the Director's own
            initiative, to institute an expungement proceeding, the
            Director shall transmit or make available the information that
            formed the basis for that determination as part of the
            institution notice sent to the registrant.
                ``(2) Rule of construction.--Nothing in this subsection
            shall be construed to limit any other authority of the
            Director.
        ``(i) Time for Institution.--
                ``(1) When petition may be filed, ex parte expungement
            proceeding instituted.--A petition for ex parte expungement of
            a registration under subsection (a) may be filed, or the
            Director may institute on the Director's own initiative an ex
            parte expungement proceeding of a registration under subsection
            (h), at any time following the expiration of 3 years after the
            date of registration and before the expiration of 10 years
            following the date of registration.
                ``(2) Exception.--Notwithstanding paragraph (1), for a
            period of 3 years after the date of enactment of this section,
            a petition for expungement of a registration under subsection
            (a) may be filed, or the Director may institute on the
            Director's own initiative an ex parte expungement proceeding of
            a registration under subsection (h), at any time following the
            expiration of 3 years after the date of registration.
        ``(j) Limitation on Later Ex Parte Expungement Proceedings.--
                ``(1) No co-pending proceedings.--With respect to a
            particular registration, while an ex parte expungement
            proceeding is pending, no later ex parte expungement proceeding
            may be instituted with respect to the same goods or services
            that are the subject of a pending ex parte expungement
            proceeding.
                ``(2) Estoppel.--With respect to a particular registration,
            for goods or services previously subject to an instituted
            expungement proceeding for which, in that proceeding, it was
            determined that the registrant had used the mark for particular
            goods or services, as relevant, and the registration was not
            cancelled as to those goods or services, no further ex parte
            expungement proceedings may be initiated as to those goods or
            services, regardless of the identity of the petitioner.
        ``(k) Use in Commerce Requirement Not Altered.--Nothing in this
    section shall affect the requirement for use in commerce of a mark
    registered under section 1(a) or 23.''.
        (b) New Grounds for Cancellation.--Section 14 of the Trademark Act
    of 1946 (15 U.S.C. 1064) is amended--
                (1) by striking the colon at the end of paragraph (5) and
            inserting a period;
                (2) by inserting after paragraph (5) the following:
                ``(6) At any time after the 3-year period following the
            date of registration, if the registered mark has never been
            used in commerce on or in connection with some or all of the
            goods or services recited in the registration:''; and
                (3) in the flush text following paragraph (6), as added by
            paragraph (2) of this subsection, by inserting ``Nothing in
            paragraph (6) shall be construed to limit the timing applicable
            to any other ground for cancellation. A registration under
            section 44(e) or 66 shall not be cancelled pursuant to
            paragraph (6) if the registrant demonstrates that any nonuse is
            due to special circumstances that excuse such nonuse.'' after
            ``identical certification mark is applied.''.
        (c) Ex Parte Reexamination.--The Trademark Act of 1946 is amended
    by inserting after section 16A, as added by subsection (a), the
    following:

    ``SEC. 16B. EX PARTE REEXAMINATION.

        ``(a) Petition for Reexamination.--Any person may file a petition
    to reexamine a registration of a mark on the basis that the mark was
    not in use in commerce on or in connection with some or all of the
    goods or services recited in the registration on or before the relevant
    date.
        ``(b) Relevant Date.--In this section, the term `relevant date'
    means, with respect to an application for the registration of a mark
    with an initial filing basis of--
                ``(1) section 1(a) and not amended at any point to be filed
            pursuant to section 1(b), the date on which the application was
            initially filed; or
                ``(2) section 1(b) or amended at any point to be filed
            pursuant to section 1(b), the date on which--
                        ``(A) an amendment to allege use under section 1(c)
                    was filed; or
                        ``(B) the period for filing a statement of use
                    under section 1(d) expired, including all approved
                    extensions thereof.
        ``(c) Requirements for the Petition.--A petition filed under
    subsection (a), together with any supporting documents, shall--
                ``(1) identify the registration that is the subject of the
            petition;
                ``(2) identify each good and service recited in the
            registration for which it is alleged that the mark was not in
            use in commerce on or in connection with on or before the
            relevant date;
                ``(3) include a verified statement that sets forth--
                        ``(A) the elements of the reasonable investigation
                    the petitioner conducted to determine that the mark was
                    not in use in commerce on or in connection with the
                    goods and services identified in the petition on or
                    before the relevant date; and
                        ``(B) any additional facts that support the
                    allegation that the mark was not in use in commerce on
                    or before the relevant date on or in connection with
                    the identified goods and services;
                ``(4) include supporting evidence on which the petitioner
            relies; and
                ``(5) be accompanied by the fee prescribed by the Director.
        ``(d) Initial Determination; Institution.--
                ``(1) Prima facie case determination, institution, and
            notification.--The Director shall, for each good or service
            identified under subsection (c)(2), determine whether the
            petition sets forth a prima facie case of the mark having not
            been in use in commerce on or in connection with each such good
            or service, institute an ex parte reexamination proceeding for
            each good or service for which the Director determines that the
            prima facie case has been set forth, and provide a notice to
            the registrant and petitioner of the determination of whether
            or not the proceeding was instituted. Such notice shall include
            a copy of the petition and any supporting documents and
            evidence that were included with the petition.
                ``(2) Reasonable investigation guidance.--The Director
            shall promulgate regulations regarding what constitutes a
            reasonable investigation under subsection (c)(3) and the
            general types of evidence that could support a prima facie case
            that the mark was not in use in commerce on or in connection
            with a good or service on or before the relevant date, but the
            Director shall retain discretion to determine whether a prima
            facie case is set out in a particular proceeding.
                ``(3) Determination by director.--Any determination by the
            Director whether or not to institute a reexamination proceeding
            under this section shall be final and non-reviewable, and shall
            not prejudice any party's right to raise any issue and rely on
            any evidence in any other proceeding, except as provided in
            subsection (j).
        ``(e) Reexamination Procedures.--The procedures for reexamination
    shall be the same as the procedures established under section 12(b)
    except that the Director shall promulgate regulations establishing and
    governing a proceeding under this section, which may include
    regulations that--
                ``(1) set response and extension times particular to this
            type of proceeding, which, notwithstanding section 12(b)(3),
            need not be extendable to 6 months;
                ``(2) set limits governing the timing and number of
            petitions filed for a particular registration or by a
            particular petitioner or real parties in interest; and
                ``(3) define the relation of a reexamination proceeding
            under this section to other proceedings concerning the mark.
        ``(f) Registrant's Evidence of Use.--A registrant's documentary
    evidence of use shall be consistent with when a mark shall be deemed to
    be in use in commerce under the definition of `use in commerce' in
    section 45, but shall not be limited in form to that of specimens as
    provided in section 1(a).
        ``(g) Examiner's Decision; Order to Cancel.--For each good or
    service for which it is determined that the registration should not
    have issued because the mark was not in use in commerce on or before
    the relevant date, the examiner shall find that the registration should
    be cancelled for each such good or service. Unless overturned on review
    of the examiner's decision, the Director shall issue an order
    cancelling the registration, in whole or in part, after the time for
    appeal has expired or any appeal proceeding has terminated.
        ``(h) Reexamination by Director.--
                ``(1) In general.--The Director may, on the Director's own
            initiative, institute an ex parte reexamination proceeding if
            the Director discovers information that supports a prima facie
            case of the mark having not been used in commerce on or in
            connection with some or all of the goods or services covered by
            the registration on or before the relevant date. The Director
            shall promptly notify the registrant of such determination, at
            which time reexamination shall proceed according to the same
            procedures established pursuant to subsection (e). If the
            Director determines, based on the Director's own initiative, to
            institute an ex parte reexamination proceeding, the Director
            shall transmit or make available the information that formed
            the basis for that determination as part of the institution
            notice.
                ``(2) Rule of construction.--Nothing in this subsection
            shall be construed to limit any other authority of the
            Director.
        ``(i) Time for Institution.--A petition for ex parte reexamination
    may be filed, or the Director may institute on the Director's own
    initiative an ex parte reexamination proceeding, at any time not later
    than 5 years after the date of registration of a mark registered based
    on use in commerce.
        ``(j) Limitation on Later Ex Parte Reexamination Proceedings.--
                ``(1) No co-pending proceedings.--With respect to a
            particular registration, while an ex parte reexamination
            proceeding is pending, no later ex parte reexamination
            proceeding may be instituted with respect to the same goods or
            services that are the subject of a pending ex parte
            reexamination proceeding.
                ``(2) Estoppel.--With respect to a particular registration,
            for any goods or services previously subject to an instituted
            ex parte reexamination proceeding for which, in that
            proceeding, it was determined that the registrant had used the
            mark for particular goods or services before the relevant date,
            and the registration was not cancelled as to those goods or
            services, no further ex parte reexamination proceedings may be
            initiated as to those goods or services, regardless of the
            identity of the petitioner.
        ``(k) Supplemental Register.--The provisions of subsection (b)
    apply, as appropriate, to registrations under section 23. Nothing in
    this section shall be construed to limit the timing of a cancellation
    action under section 24.''.
        (d) Appeal.--
                (1) Appeal to trademark trial and appeal board.--Section 20
            of the Trademark Act of 1946 (15 U.S.C. 1070) is amended by
            inserting ``or a final decision by an examiner in an ex parte
            expungement proceeding or ex parte reexamination proceeding''
            after ``registration of marks''.
                (2) Appeal to courts.--
                        (A) Expungement or ex parte reexamination.--Section
                    21(a)(1) of the Trademark Act of 1946 (15 U.S.C.
                    1071(a)(1)) is amended by striking ``or an applicant
                    for renewal'' and inserting the following: ``an
                    applicant for renewal, or a registrant subject to an ex
                    parte expungement proceeding or an ex parte
                    reexamination proceeding''.
                        (B) Exception.--Section 21(b)(1) of the Trademark
                    Act of 1946 (15 U.S.C. 1071(b)(1)) is amended by
                    inserting ``, except for a registrant subject to an ex
                    parte expungement proceeding or an ex parte
                    reexamination proceeding,'' before ``is dissatisfied''.
        (e) Technical and Conforming Amendments.--The Trademark Act of 1946
    is amended--
                (1) in section 15 (15 U.S.C. 1065), by striking
            ``paragraphs (3) and (5)'' and inserting ``paragraphs (3), (5),
            and (6)''; and
                (2) in section 26 (15 U.S.C. 1094), by adding at the end
            the following: ``Registrations on the supplemental register
            shall be subject to ex parte expungement and ex parte
            reexamination under sections 16A and 16B, respectively.''.
        (f) Deadline for Procedures.--Not later than 1 year after the date
    of enactment of this Act, the Director shall issue regulations to carry
    out sections 16A and 16B of the Trademark Act of 1946, as added by
    subsections (a) and (c).
        (g) Effective Date.--The amendments made by this section shall take
    effect upon the expiration of the 1-year period beginning on the date
    of enactment of this Act, and shall apply to any mark registered
    before, on, or after that effective date.

    SEC. 226. REBUTTABLE PRESUMPTION OF IRREPARABLE HARM.

        (a) Amendment.--Section 34(a) of the Trademark Act of 1946 (15
    U.S.C. 1116(a)) is amended by inserting after the first sentence the
    following: ``A plaintiff seeking any such injunction shall be entitled
    to a rebuttable presumption of irreparable harm upon a finding of a
    violation identified in this subsection in the case of a motion for a
    permanent injunction or upon a finding of likelihood of success on the
    merits for a violation identified in this subsection in the case of a
    motion for a preliminary injunction or temporary restraining order.''.
        (b) Rule of Construction.--The amendment made by subsection (a)
    shall not be construed to mean that a plaintiff seeking an injunction
    was not entitled to a presumption of irreparable harm before the date
    of enactment of this Act.

    SEC. 227. REPORT ON DECLUTTERING INITIATIVES.

        (a) Study.--The Comptroller General of the United States shall
    consult with the Director to conduct a study on the efforts of the
    Director during the period beginning 12 months after the date of
    enactment of this Act and ending 30 months after the date of enactment
    of this Act to address inaccurate and false claims of use in trademark
    applications and registrations. Inaccurate and false claims of use
    include any declaration of use by a trademark applicant or registrant
    that cannot be supported by use in commerce as defined in section 45 of
    the Trademark Act of 1946 (15 U.S.C. 1127) or the regulations relevant
    to the definition of specimens under section 1 of the Trademark Act of
    1946 (15 U.S.C. 1051), as applicable.
        (b) Contents of Study.--In conducting the study under subsection
    (a), the Comptroller General shall assess the following:
                (1) With respect to sections 16A and 16B of the Trademark
            Act of 1946, as added by section 225--
                        (A) the number of petitions filed under each such
                    section for which a decision not to institute was
                    issued;
                        (B) the number of petitions filed under each such
                    section for which a decision to institute was issued;
                        (C) the number of in-process and completed
                    proceedings instituted under each such section,
                    including any proceedings instituted by the Director's
                    own initiative;
                        (D) the average time taken to resolve proceedings
                    instituted under each such section, including the
                    average time between--
                                (i) the filing of a petition under each
                            such section and an examiner's final decision
                            under section 16A(g) and 16B(g), or the last
                            decision issued by the examiner if the
                            registrant failed to respond to the latest-in-
                            time decision by the examiner; and
                                (ii) the institution of a proceeding under
                            each such section, including any proceedings
                            instituted by the Director's own initiative,
                            and an examiner's final decision under section
                            16A(g) and 16B(g), or the last decision issued
                            by the examiner if the registrant failed to
                            respond to the latest-in-time decision by the
                            examiner;
                        (E) the number of appeals of decisions of examiners
                    to the Trademark Trial and Appeal Board and to the
                    courts for each such proceeding; and
                        (F) an accounting of the final outcome of each such
                    proceeding instituted by identifying the number of
                    goods or services for which such proceedings were
                    instituted, and the number of goods or services for
                    each involved registration that were cancelled pursuant
                    to such proceedings.
                (2) With respect to section 1(f) of the Trademark Act of
            1946, as added by section 223--
                        (A) the number of third-party submissions filed
                    under such section for which the third-party asserts in
                    the submission that the mark has not been used in
                    commerce; and
                        (B) of the applications identified in subparagraph
                    (A), the number of applications in which the third-
                    party submission evidence is included in the
                    application; and
                        (C) of those applications identified in
                    subparagraph (B), the number of applications--
                                (i) refused registration based on an
                            assertion by the examiner that the mark has not
                            been used in commerce; and
                                (ii) for which the examiner requested
                            additional information from the applicant
                            related to claims of use.
                (3) The effectiveness of--
                        (A) the proceedings under sections 16A and 16B of
                    the Trademark Act of 1946, as added by section 225, in
                    addressing inaccurate and false claims of use in
                    trademark registrations; and
                        (B) any additional programs conducted by the
                    Director designed to address inaccurate and false
                    claims of use in trademark applications and
                    registrations, including the post-registration use
                    audit, as implemented as of the date of enactment of
                    this Act under sections 2.161(h) and 7.37(h) of title
                    37, Code of Federal Regulations.
        (c) Report to Congress.--Not later than 3 years after the date of
    enactment of this Act, the Comptroller General of the United States
    shall submit to the Committee on the Judiciary of the Senate and the
    Committee on the Judiciary of the House of Representatives a report--
                (1) on the results of the study conducted under this
            section; and
                (2) that includes any recommendations, based on the results
            of the study, for any changes to laws or regulations that will
            improve the integrity of the trademark register or reduce
            inaccurate or false claims of use.

    SEC. 228. AMENDMENTS TO CONFIRM AUTHORITY OF THE DIRECTOR.

        (a) Amendments.--
                (1) Section 18 of the Trademark Act of 1946 (15 U.S.C.
            1068) is amended by inserting after ``established in the
            proceedings'' the following: ``. The authority of the Director
            under this section includes the authority to reconsider, and
            modify or set aside, a decision of the Trademark Trial and
            Appeal Board''.
                (2) Section 20 of the Trademark Act of 1946 (15 U.S.C.
            1070) is amended by adding at the end the following: ``The
            Director may reconsider, and modify or set aside, a decision of
            the Trademark Trial and Appeal Board under this section.''.
                (3) Section 24 of the Trademark Act of 1946 (15 U.S.C.
            1092) is amended by inserting after ``shall be canceled by the
            Director'' the following: ``, unless the Director reconsiders
            the decision of the Board, and modifies or sets aside, such
            decision''.
        (b) Rules of Construction.--
                (1) Authority before date of enactment.--The amendments
            made by subsection (a) shall not be construed to mean that the
            Director lacked the authority to reconsider, and modify or set
            aside, a decision of the Trademark Trial and Appeal Board
            before the date of enactment of this Act.
                (2) Authority with respect to particular decisions.--The
            amendments made by subsection (a) shall not be construed to
            require the Director to reconsider, modify, or set aside any
            particular decision of the Trademark Trial and Appeal Board.

     DIVISION R--PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING
                               SAFETY ACT OF 2020

    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This division may be cited as the ``Protecting
    our Infrastructure of Pipelines and Enhancing Safety Act of 2020'' or
    the ``PIPES Act of 2020''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Definitions.

             TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

    Sec. 101. Authorization of appropriations.
    Sec. 102. Pipeline workforce development.
    Sec. 103. Cost recovery and fees for facility reviews.
    Sec. 104. Advancement of new pipeline safety technologies and
                                approaches.
    Sec. 105. Pipeline safety testing enhancement study.
    Sec. 106. Regulatory updates.
    Sec. 107. Self-disclosure of violations.
    Sec. 108. Due process protections in enforcement proceedings.
    Sec. 109. Pipeline operating status.
    Sec. 110. Updates to standards for liquefied natural gas facilities.
    Sec. 111. National Center of Excellence for Liquefied Natural Gas
                                Safety.
    Sec. 112. Prioritization of rulemaking.
    Sec. 113. Leak detection and repair.
    Sec. 114. Inspection and maintenance plans.
    Sec. 115. Consideration of pipeline class location changes.
    Sec. 116. Protection of employees providing pipeline safety
                                information.
    Sec. 117. Interstate drug and alcohol oversight.
    Sec. 118. Purpose and general authority.
    Sec. 119. National Academy of Sciences study on automatic and remote-
                                controlled shut-off valves on existing
                                pipelines.
    Sec. 120. Unusually sensitive areas.
    Sec. 121. Safety-related condition reports.
    Sec. 122. Risk analysis and integrity management programs.
    Sec. 123. Rule of construction.

                  TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

    Sec. 201. Short title.
    Sec. 202. Distribution integrity management plans.
    Sec. 203. Emergency response plans.
    Sec. 204. Operations and maintenance manuals.
    Sec. 205. Pipeline safety management systems.
    Sec. 206. Pipeline safety practices.

    SEC. 2. DEFINITIONS.

        In this Act:
                (1) Administration.--The term ``Administration'' means the
            Pipeline and Hazardous Materials Safety Administration.
                (2) Administrator.--The term ``Administrator'' means the
            Administrator of the Administration.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of Transportation.

             TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

        (a) Gas and Hazardous Liquid.--Section 60125 of title 49, United
    States Code, is amended by striking subsection (a) and inserting the
    following:
        ``(a) Gas and Hazardous Liquid.--
                ``(1) In general.--From fees collected under section 60301,
            there are authorized to be appropriated to the Secretary to
            carry out section 12 of the Pipeline Safety Improvement Act of
            2002 (49 U.S.C. 60101 note; Public Law 107-355) and the
            provisions of this chapter relating to gas and hazardous
            liquid--
                        ``(A) $156,400,000 for fiscal year 2021, of which--
                                ``(i) $9,000,000 shall be used to carry out
                            section 12 of the Pipeline Safety Improvement
                            Act of 2002 (49 U.S.C. 60101 note; Public Law
                            107-355); and
                                ``(ii) $63,000,000 shall be used for making
                            grants;
                        ``(B) $158,500,000 for fiscal year 2022, of which--
                                ``(i) $9,000,000 shall be used to carry out
                            section 12 of the Pipeline Safety Improvement
                            Act of 2002 (49 U.S.C. 60101 note; Public Law
                            107-355); and
                                ``(ii) $66,000,000 shall be used for making
                            grants; and
                        ``(C) $162,700,000 for fiscal year 2023, of which--
                                ``(i) $9,000,000 shall be used to carry out
                            section 12 of the Pipeline Safety Improvement
                            Act of 2002 (49 U.S.C. 60101 note; Public Law
                            107-355); and
                                ``(ii) $69,000,000 shall be used for making
                            grants.
                ``(2) Trust fund amounts.--In addition to the amounts
            authorized to be appropriated under paragraph (1), there are
            authorized to be appropriated from the Oil Spill Liability
            Trust Fund established by section 9509(a) of the Internal
            Revenue Code of 1986 to carry out section 12 of the Pipeline
            Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
            Law 107-355) and the provisions of this chapter relating to
            hazardous liquid--
                        ``(A) $27,000,000 for fiscal year 2021, of which--
                                ``(i) $3,000,000 shall be used to carry out
                            section 12 of the Pipeline Safety Improvement
                            Act of 2002 (49 U.S.C. 60101 note; Public Law
                            107-355); and
                                ``(ii) $11,000,000 shall be used for making
                            grants;
                        ``(B) $27,650,000 for fiscal year 2022, of which--
                                ``(i) $3,000,000 shall be used to carry out
                            section 12 of the Pipeline Safety Improvement
                            Act of 2002 (49 U.S.C. 60101 note; Public Law
                            107-355); and
                                ``(ii) $12,000,000 shall be used for making
                            grants; and
                        ``(C) $28,700,000 for fiscal year 2023, of which--
                                ``(i) $3,000,000 shall be used to carry out
                            section 12 of the Pipeline Safety Improvement
                            Act of 2002 (49 U.S.C. 60101 note; Public Law
                            107-355); and
                                ``(ii) $13,000,000 shall be used for making
                            grants.
                ``(3) Underground natural gas storage facility safety
            account.--From fees collected under section 60302, there is
            authorized to be appropriated to the Secretary to carry out
            section 60141 $8,000,000 for each of fiscal years 2021 through
            2023.
                ``(4) Recruitment and retention.--From amounts made
            available to the Secretary under paragraphs (1) and (2), the
            Secretary shall use--
                        ``(A) $ 1,520,000 to carry out section 102(b)(1) of
                    the PIPES Act of 2020, of which--
                                ``(i) $1,292,000 shall be from amounts made
                            available under paragraph (1)(A); and
                                ``(ii) $228,000 shall be from amounts made
                            available under paragraph (2)(A);
                        ``(B) $2,300,000 to carry out section 102(b)(2)(A)
                    of the PIPES Act of 2020, of which--
                                ``(i) $1,955,000 shall be from amounts made
                            available under paragraph (1)(A); and
                                ``(ii) $345,000 shall be from amounts made
                            available under paragraph (2)(A);
                        ``(C) $1,600,000 to carry out section 102(b)(2)(B)
                    of the PIPES Act of 2020, of which--
                                ``(i) $1,360,000 shall be from amounts made
                            available under paragraph (1)(B); and
                                ``(ii) $240,000 shall be from amounts made
                            available under paragraph (2)(B);
                        ``(D) $1,800,000 to carry out section 102(b)(2)(C)
                    of the PIPES Act of 2020, of which--
                                ``(i) $ 1,530,000 shall be from amounts
                            made available under paragraph (1)(C); and
                                ``(ii) $270,000 shall be from amounts made
                            available under paragraph (2)(C);
                        ``(E) $2,455,000 to carry out section 102(c) of the
                    PIPES Act of 2020 in fiscal year 2021, of which--
                                ``(i) $2,086,750 shall be from amounts made
                            available under paragraph (1)(A); and
                                ``(ii) $368,250 shall be from amounts made
                            available under paragraph (2)(A);
                        ``(F) $2,455,000 to carry out section 102(c) of the
                    PIPES Act of 2020 in fiscal year 2022, of which--
                                ``(i) $2,086,750 shall be from amounts made
                            available under paragraph (1)(B); and
                                ``(ii) $368,250 shall be from amounts made
                            available under paragraph (2)(B); and
                        ``(G) $2,455,000 to carry out section 102(c) of the
                    PIPES Act of 2020 in fiscal year 2023, of which--
                                ``(i) $2,086,750 shall be from amounts made
                            available under paragraph (1)(C); and
                                ``(ii) $368,250 shall be from amounts made
                            available under paragraph (2)(C).''.
        (b) Operational Expenses.--Section 2(b) of the PIPES Act of 2016
    (Public Law 114-183; 130 Stat. 515) is amended by striking paragraphs
    (1) through (4) and inserting the following:
                ``(1) $25,000,000 for fiscal year 2021.
                ``(2) $26,000,000 for fiscal year 2022.
                ``(3) $27,000,000 for fiscal year 2023.''.
        (c) One-call Notification Programs.--Section 6107 of title 49,
    United States Code, is amended by striking `` $1,058,000 for each of
    fiscal years 2016 through 2019'' and inserting `` $1,058,000 for each
    of fiscal years 2021 through 2023''.
        (d) Emergency Response Grants.--Section 60125(b)(2) of title 49,
    United States Code, is amended by striking ``fiscal years 2012 through
    2015'' and inserting ``fiscal years 2021 through 2023''.
        (e) Pipeline Safety Information Grants to Communities.--Section
    60130 of title 49, United States Code, is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                                (i) in the first sentence, by striking ``to
                            local communities and groups of individuals
                            (not including for-profit entities)'' and
                            inserting ``to local communities, Indian
                            Tribes, and groups of individuals (not
                            including for-profit entities)''; and
                                (ii) in the third sentence, by striking
                            ``The amount'' and inserting ``Except as
                            provided in subsection (c)(2), the amount'';
                            and
                        (B) by striking paragraph (4);
                (2) by striking subsection (c) and inserting the following:
        ``(c) Funding.--
                ``(1) In general.--Subject to paragraph (2), out of amounts
            made available under section 2(b) of the PIPES Act of 2016
            (Public Law 114-183; 130 Stat. 515), the Secretary shall use
            $2,000,000 for each of fiscal years 2021 through 2023 to carry
            out this section.
                ``(2) Improving technical assistance.--From the amounts
            used to carry out this section under paragraph (1) each fiscal
            year, the Secretary shall award $1,000,000 to an eligible
            applicant through a competitive selection process for the
            purpose of improving the quality of technical assistance
            provided to communities or individuals under this section.
                ``(3) Limitation.--Any amounts used to carry out this
            section shall not be derived from user fees collected under
            section 60301.''; and
                (3) by adding at the end the following:
        ``(d) Definitions.--In this section:
                ``(1) Technical assistance.--The term `technical
            assistance' means engineering, research, and other scientific
            analysis of pipeline safety issues, including the promotion of
            public participation on technical pipeline safety issues in
            proceedings related to this chapter.
                ``(2) Eligible applicant.--The term `eligible applicant'
            means a nonprofit entity that--
                        ``(A) is a public safety advocate;
                        ``(B) has pipeline safety expertise;
                        ``(C) is able to provide individuals and
                    communities with technical assistance; and
                        ``(D) was established with funds designated for the
                    purpose of community service through the implementation
                    of section 3553 of title 18 relating to violations of
                    this chapter.''.
        (f) Damage Prevention Programs.--Section 60134(i) of title 49,
    United States Code, is amended in the first sentence by striking
    ``fiscal years 2012 through 2015'' and inserting ``fiscal years 2021
    through 2023''.
        (g) Pipeline Integrity Program.--Section 12(f) of the Pipeline
    Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107-
    355) is amended by striking ``2016 through 2019'' and inserting ``2021
    through 2023''.

    SEC. 102. PIPELINE WORKFORCE DEVELOPMENT.

        (a) Inspector Training.--Not later than 1 year after the date of
    enactment of this Act, the Administrator shall--
                (1) review the inspector training programs provided at the
            Inspector Training and Qualifications Division of the
            Administration in Oklahoma City, Oklahoma; and
                (2) determine whether any of the programs referred to in
            paragraph (1), or any portions of the programs, could be
            provided online through teletraining or another type of
            distance learning.
        (b) Staffing.--
                (1) In general.--The Secretary shall increase the number of
            full-time equivalent employees (as compared to the number of
            positions on the date of enactment of this Act) by 8 full-time
            employees with subject matter expertise in pipeline safety,
            pipeline facilities, and pipeline systems to finalize
            outstanding rulemakings and fulfill congressional mandates.
                (2) Pipeline inspection and enforcement personnel.--The
            Secretary shall ensure that the number of full-time positions
            for pipeline inspection and enforcement personnel in the Office
            of Pipeline Safety of the Administration does not fall below
            the following:
                        (A) 224 for fiscal year 2021.
                        (B) 235 for fiscal year 2022.
                        (C) 247 for fiscal year 2023.
        (c) Recruitment and Retention Incentives.--
                (1) In general.--The Secretary shall use incentives, as
            necessary, to recruit and retain a qualified workforce,
            including inspection and enforcement personnel and attorneys
            and subject matter experts at the Office of Pipeline Safety of
            the Administration, including--
                        (A) special pay rates permitted under section 5305
                    of title 5, United States Code;
                        (B) repayment of student loans permitted under
                    section 5379 of that title;
                        (C) tuition assistance permitted under chapter 41
                    of that title;
                        (D) recruitment incentives permitted under section
                    5753 of that title; and
                        (E) retention incentives permitted under section
                    5754 of that title.
                (2) Continued service agreement.--The Secretary shall
            ensure that the incentives described in paragraph (1) are
            accompanied by a continued service agreement.
                (3) Approval.--The Secretary shall request, as necessary,
            the approval of the Office of Personnel Management to use the
            incentives described in paragraph (1).

    SEC. 103. COST RECOVERY AND FEES FOR FACILITY REVIEWS.

        (a) Fees for Compliance Reviews of Liquefied Natural Gas
    Facilities.--Chapter 603 of title 49, United States Code, is amended by
    inserting after section 60302 the following:
    ``Sec. 60303. Fees for compliance reviews of liquefied natural gas
                  facilities
        ``(a) Imposition of Fee.--
                ``(1) In general.--The Secretary of Transportation
            (referred to in this section as the `Secretary') shall impose
            on a person who files with the Federal Energy Regulatory
            Commission an application for a liquefied natural gas facility
            that has design and construction costs totaling not less than
            $2,500,000,000 a fee for the necessary expenses of a review, if
            any, that the Secretary conducts, in connection with that
            application, to determine compliance with subpart B of part 193
            of title 49, Code of Federal Regulations (or successor
            regulations).
                ``(2) Relation to other review.--The Secretary may not
            impose fees under paragraph (1) and section 60117(o) or
            60301(b) for the same compliance review described in paragraph
            (1).
        ``(b) Means of Collection.--
                ``(1) In general.--The Secretary shall prescribe procedures
            to collect fees under this section.
                ``(2) Use of government entities.--The Secretary may--
                        ``(A) use a department, agency, or instrumentality
                    of the Federal Government or of a State or local
                    government to collect fees under this section; and
                        ``(B) reimburse that department, agency, or
                    instrumentality a reasonable amount for the services
                    provided.
        ``(c) Account.--There is established an account, to be known as the
    `Liquefied Natural Gas Siting Account', in the Pipeline Safety Fund
    established in the Treasury of the United States under section
    60301.''.
        (b) Clerical Amendment.--The table of sections for chapter 603 of
    title 49, United States Code, is amended by inserting after the item
    relating to section 60302 the following:

    ``60303. Fees for compliance reviews of liquefied natural gas
                                facilities.''.

    SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES AND
                  APPROACHES.

        (a) In General.--Chapter 601 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 60142. Pipeline safety enhancement programs
        ``(a) In General.--The Secretary may establish and carry out
    limited safety-enhancing testing programs to evaluate innovative
    technologies and operational practices testing the safe operation of--
                ``(1) a natural gas pipeline facility; or
                ``(2) a hazardous liquid pipeline facility.
        ``(b) Limitations.--
                ``(1) In general.--Testing programs established under
            subsection (a) may not exceed--
                        ``(A) 5 percent of the total miles of hazardous
                    liquid pipelines in the United States that are
                    regulated by--
                                ``(i) the Pipeline and Hazardous Materials
                            Safety Administration; or
                                ``(ii) a State authority under section
                            60105 or 60106; and
                        ``(B) 5 percent of the total miles of natural gas
                    pipelines in the United States that are regulated by--
                                ``(i) the Pipeline and Hazardous Materials
                            Safety Administration; or
                                ``(ii) a State authority under section
                            60105 or 60106.
                ``(2) Operator mileage limitation.--The Secretary shall
            limit the miles of pipelines that each operator can test under
            each program established under subsection (a) to the lesser
            of--
                        ``(A) 38 percent of the total miles of pipelines in
                    the system of the operator that are regulated by--
                                ``(i) the Pipeline and Hazardous Materials
                            Safety Administration; or
                                ``(ii) a State authority under section
                            60105 or 60106; or
                        ``(B) 1,000 miles.
                ``(3) Prohibited areas.--Any program established under
            subsection (a) shall not be located in--
                        ``(A) a high population area (as defined in section
                    195.450 of title 49, Code of Federal Regulations (or a
                    successor regulation));
                        ``(B) a high consequence area (as defined in
                    section 192.903 of title 49, Code of Federal
                    Regulations (or a successor regulation)); or
                        ``(C) an unusually sensitive area (as described
                    under subsection (a)(1)(B)(ii) of section 60109 in
                    accordance with subsection (b) of that section).
                ``(4) High consequence areas for hazardous liquid
            pipelines.--
                        ``(A) In general.--Not later than 1 year after the
                    date of enactment of this section, the Secretary shall
                    submit to Congress a report examining the benefits and
                    costs of prohibiting the testing of hazardous liquid
                    pipelines in high consequence areas (as defined in
                    section 195.450 of title 49, Code of Federal
                    Regulations (or a successor regulation)).
                        ``(B) Contents of report.--The report described in
                    subparagraph (A) shall examine--
                                ``(i) the safety benefits of allowing the
                            testing of hazardous liquid pipelines in high
                            consequence areas (as defined in section
                            195.450 of title 49, Code of Federal
                            Regulations (or a successor regulation)); and
                                ``(ii) whether additional testing
                            conditions are required to protect those areas
                            while conducting a testing program established
                            under subsection (a) in those areas.
        ``(c) Duration.--
                ``(1) In general.--The term of a testing program
            established under subsection (a) shall be not more than a
            period of 3 years beginning on the date of approval of the
            program.
                ``(2) Requirement.--The Secretary shall not establish any
            additional safety-enhancing testing programs under subsection
            (a) after the date that is 3 years after the date of enactment
            of this section.
        ``(d) Safety Standards.--
                ``(1) In general.--The Secretary shall require, as a
            condition of approval of a testing program under subsection
            (a), that the safety measures in the testing program are
            designed to achieve a level of safety that is greater than the
            level of safety required by this chapter.
                ``(2) Determination.--
                        ``(A) In general.--The Secretary may issue an order
                    under subparagraph (A) of section 60118(c)(1) to
                    accomplish the purpose of a testing program for a term
                    not to exceed the time period described in subsection
                    (c) if the condition described in paragraph (1) is met,
                    as determined by the Secretary.
                        ``(B) Limitation.--An order under subparagraph (A)
                    shall pertain only to those regulations that would
                    otherwise prevent the use of the safety technology to
                    be tested under the testing program.
                ``(3) Increased safety capabilities.--For purposes of
            paragraph (1), improvement in the reliability, accuracy,
            durability, or certainty of pipeline safety technologies,
            techniques, or methods shall constitute an appropriate means of
            meeting the safety measure requirement described in that
            paragraph.
        ``(e) Considerations.--In establishing a testing program under
    subsection (a), the Secretary shall consider--
                ``(1) the accident and incident record of the owners or
            operators participating in the program;
                ``(2)(A) whether the owners or operators participating in
            the program have a safety management system in place; and
                ``(B) how the application of that system proposes to
            eliminate or mitigate potential safety and environmental risks
            throughout the duration of the program; and
                ``(3) whether the proposed safety technology has been
            tested through a research and development program carried out
            by--
                        ``(A) the Secretary;
                        ``(B) collaborative research development
                    organizations; or
                        ``(C) other institutions.
        ``(f) Data and Findings.--
                ``(1) In general.--As a participant in a testing program
            established under subsection (a), an owner or operator shall
            submit to the Secretary detailed findings and a summary of data
            collected as a result of participation in the testing program.
                ``(2) Public report.--The Secretary shall make publicly
            available on the website of the Department of Transportation an
            annual report for any ongoing testing program established under
            subsection (a) summarizing the progress of the program.
        ``(g) Authority to Revoke Participation.--The Secretary shall
    immediately revoke participation in a testing program under subsection
    (a) if--
                ``(1)(A) the participant has an accident or incident
            involving death or personal injury necessitating in-patient
            hospitalization; and
                ``(B) the testing program is determined to be the cause of,
            or a contributing factor to, that accident or incident;
                ``(2) the participant fails to comply with the terms and
            conditions of the testing program; or
                ``(3) in the determination of the Secretary, continued
            participation in the testing program by the participant would
            be unsafe or would not be consistent with the goals and
            objectives of this chapter.
        ``(h) Authority to Terminate Program.--The Secretary shall
    immediately terminate a testing program under subsection (a) if
    continuation of the testing program would not be consistent with the
    goals and objectives of this chapter.
        ``(i) State Rights.--
                ``(1) Exemption.--Except as provided in paragraph (2), if a
            State submits to the Secretary notice that the State requests
            an exemption from any testing program considered for
            establishment under this section, the State shall be exempt.
                ``(2) Limitations.--
                        ``(A) In general.--The Secretary shall not grant a
                    requested exemption under paragraph (1) after a testing
                    program is established.
                        ``(B) Late notice.--The Secretary shall not grant a
                    requested exemption under paragraph (1) if the notice
                    submitted under that paragraph is submitted to the
                    Secretary more than 30 days after the date on which the
                    Secretary issues an order providing an effective date
                    for the testing program in accordance with subsection
                    (j).
                ``(3) Effect.--If a State has not submitted a notice
            requesting an exemption under paragraph (1), the State shall
            not enforce any law (including regulations) that is
            inconsistent with a testing program in effect in the State
            under this section.
        ``(j) Program Review Process and Public Notice.--
                ``(1) In general.--The Secretary shall publish in the
            Federal Register and send directly to each relevant State and
            each appropriate State authority with a certification in effect
            under section 60105 a notice of each proposed testing program
            under subsection (a), including the order to be considered, and
            provide an opportunity for public comment for not less than 90
            days.
                ``(2) Response from secretary.--Not later than the date on
            which the Secretary issues an order providing an effective date
            of a testing program noticed under paragraph (1), the Secretary
            shall--
                        ``(A) publish the order in the Federal Register;
                    and
                        ``(B) respond to each comment submitted under
                    paragraph (1).
        ``(k) Report to Congress.--At the conclusion of each testing
    program, the Secretary shall make publicly available on the website of
    the Department of Transportation a report containing--
                ``(1) the findings and conclusions of the Secretary with
            respect to the testing program; and
                ``(2) any recommendations of the Secretary with respect to
            the testing program, including any recommendations for
            amendments to laws (including regulations) and the
            establishment of standards, that--
                        ``(A) would enhance the safe operation of
                    interstate gas or hazardous liquid pipeline facilities;
                    and
                        ``(B) are technically, operationally, and
                    economically feasible.
        ``(l) Standards.--If a report under subsection (k) indicates that
    it is practicable to establish technically, operationally, and
    economically feasible standards for the use of a safety-enhancing
    technology and any corresponding operational practices tested by the
    testing program described in the report, the Secretary, as soon as
    practicable after submission of the report, may promulgate regulations
    consistent with chapter 5 of title 5 (commonly known as the
    `Administrative Procedure Act') that--
                ``(1) allow operators of interstate gas or hazardous liquid
            pipeline facilities to use the relevant technology or practice
            to the extent practicable; and
                ``(2) establish technically, operationally, and
            economically feasible standards for the capability and
            deployment of the technology or practice.''.
        (b) Clerical Amendment.--The table of sections for chapter 601 of
    title 49, United States Code, is amended by inserting after the item
    relating to section 60141 the following:

    ``60142. Pipeline safety enhancement programs.''.

    SEC. 105. PIPELINE SAFETY TESTING ENHANCEMENT STUDY.

        Not later than 2 years after the date of enactment of this Act, the
    Secretary shall submit to the Committees on Commerce, Science, and
    Transportation and Appropriations of the Senate and the Committees on
    Transportation and Infrastructure, Energy and Commerce, and
    Appropriations of the House of Representatives a report relating to--
                (1) the research and development capabilities of the
            Administration, in accordance with section 12 of the Pipeline
            Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public
            Law 107-355);
                (2)(A) the development of additional testing and research
            capabilities through the establishment of an independent
            pipeline safety testing facility under the Department of
            Transportation;
                (B) whether an independent pipeline safety testing facility
            would be critical to the work of the Administration;
                (C) the costs and benefits of developing an independent
            pipeline safety testing facility under the Department of
            Transportation; and
                (D) the costs and benefits of colocating an independent
            pipeline safety testing facility at an existing training center
            of the Administration; and
                (3) the ability of the Administration to use the testing
            facilities of the Department of Transportation, other Federal
            agencies, or federally funded research and development centers.

    SEC. 106. REGULATORY UPDATES.

        (a) Definition of Outstanding Mandate.--In this section, the term
    ``outstanding mandate'' means--
                (1) a final rule required to be issued under the Pipeline
            Safety, Regulatory Certainty, and Job Creation Act of 2011
            (Public Law 112-90; 125 Stat. 1904) that has not been published
            in the Federal Register;
                (2) a final rule required to be issued under the PIPES Act
            of 2016 (Public Law 114-183; 130 Stat. 514) that has not been
            published in the Federal Register; and
                (3) any other final rule regarding gas or hazardous liquid
            pipeline facilities required to be issued under this Act or an
            Act enacted prior to the date of enactment of this Act that has
            not been published in the Federal Register.
        (b) Requirements.--
                (1) Periodic updates.--Not later than 30 days after the
            date of enactment of this Act, and every 30 days thereafter
            until a final rule referred to in paragraphs (1) through (3) of
            subsection (a) is published in the Federal Register, the
            Secretary shall publish on a publicly available website of the
            Department of Transportation an update regarding the status of
            each outstanding mandate in accordance with subsection (c).
                (2) Notification of congress.--On publication of a final
            rule in the Federal Register for an outstanding mandate, the
            Secretary shall submit to the Committee on Commerce, Science,
            and Transportation of the Senate and the Committees on
            Transportation and Infrastructure and Energy and Commerce of
            the House of Representatives a notification in accordance with
            subsection (c).
        (c) Contents.--An update published or a notification submitted
    under paragraph (1) or (2) of subsection (b) shall contain, as
    applicable--
                (1) with respect to information relating to the
            Administration--
                        (A) a description of the work plan for each
                    outstanding mandate;
                        (B) an updated rulemaking timeline for each
                    outstanding mandate;
                        (C) the staff allocations with respect to each
                    outstanding mandate;
                        (D) any resource constraints affecting the
                    rulemaking process for each outstanding mandate;
                        (E) any other details associated with the
                    development of each outstanding mandate that affect the
                    progress of the rulemaking process with respect to that
                    outstanding mandate; and
                        (F) a description of all rulemakings regarding gas
                    or hazardous liquid pipeline facilities published in
                    the Federal Register that are not identified under
                    subsection (b)(2); and
                (2) with respect to information relating to the Office of
            the Secretary--
                        (A) the date that the outstanding mandate was
                    submitted to the Office of the Secretary for review;
                        (B) the reason that the outstanding mandate is
                    under review beyond 45 days;
                        (C) the staff allocations within the Office of the
                    Secretary with respect to each the outstanding mandate;
                        (D) any resource constraints affecting review of
                    the outstanding mandate;
                        (E) an estimated timeline of when review of the
                    outstanding mandate will be complete, as of the date of
                    the update;
                        (F) if applicable, the date that the outstanding
                    mandate was returned to the Administration for revision
                    and the anticipated date for resubmission to the Office
                    of the Secretary;
                        (G) the date that the outstanding mandate was
                    submitted to the Office of Management and Budget for
                    review; and
                        (H) a statement of whether the outstanding mandate
                    remains under review by the Office of Management and
                    Budget.

    SEC. 107. SELF-DISCLOSURE OF VIOLATIONS.

        Section 60122(b)(1) of title 49, United States Code, is amended--
                (1) in subparagraph (B), by striking ``and'' at the end;
            and
                (2) by adding at the end the following:
                        ``(D) self-disclosure and correction of violations,
                    or actions to correct a violation, prior to discovery
                    by the Pipeline and Hazardous Materials Safety
                    Administration; and''.

    SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.

        (a) In General.--Section 60117 of title 49, United States Code, is
    amended--
                (1) by redesignating subsections (b) through (o) as
            subsections (c) through (p), respectively; and
                (2) by inserting after subsection (a) the following:
        ``(b) Enforcement Procedures.--
                ``(1) Process.--In implementing enforcement procedures
            under this chapter and part 190 of title 49, Code of Federal
            Regulations (or successor regulations), the Secretary shall--
                        ``(A) allow the respondent to request the use of a
                    consent agreement and consent order to resolve any
                    matter of fact or law asserted;
                        ``(B) allow the respondent and the agency to
                    convene 1 or more meetings--
                                ``(i) for settlement or simplification of
                            the issues; or
                                ``(ii) to aid in the disposition of issues;
                        ``(C) require that the case file in an enforcement
                    proceeding include all agency records pertinent to the
                    matters of fact and law asserted;
                        ``(D) allow the respondent to reply to each post-
                    hearing submission of the agency;
                        ``(E) allow the respondent to request that a
                    hearing be held, and an order be issued, on an
                    expedited basis;
                        ``(F) require that the agency have the burden of
                    proof, presentation, and persuasion in any enforcement
                    matter;
                        ``(G) require that any order contain findings of
                    relevant fact and conclusions of law;
                        ``(H) require the Office of Pipeline Safety to file
                    a post-hearing recommendation not later than 30 days
                    after the deadline for any post-hearing submission of a
                    respondent;
                        ``(I) require an order on a petition for
                    reconsideration to be issued not later than 120 days
                    after the date on which the petition is filed; and
                        ``(J) allow an operator to request that an issue of
                    controversy or uncertainty be addressed through a
                    declaratory order in accordance with section 554(e) of
                    title 5.
                ``(2) Open to the public.--A hearing under this section
            shall be--
                        ``(A) noticed to the public on the website of the
                    Pipeline and Hazardous Materials Safety Administration;
                    and
                        ``(B) in the case of a formal hearing (as defined
                    in section 190.3 of title 49, Code of Federal
                    Regulations (or a successor regulation)), open to the
                    public.
                ``(3) Transparency.--
                        ``(A) Agreements, orders, and judgments open to the
                    public.--With respect to each enforcement proceeding
                    under this chapter, the Administrator of the Pipeline
                    and Hazardous Materials Safety Administration shall
                    make publicly available on the website of the
                    Administration--
                                ``(i) the charging documents;
                                ``(ii) the written response of the
                            respondent, if filed; and
                                ``(iii) any consent agreement, consent
                            order, order, or judgment resulting from a
                            hearing under this chapter.
                        ``(B) Gao report on pipeline safety program
                    collection and transparency of enforcement
                    proceedings.--
                                ``(i) In general.--Not later than 2 years
                            after the date of enactment of the PIPES Act of
                            2020, the Comptroller General of the United
                            States shall--
                                        ``(I) review information on
                                    pipeline enforcement actions that the
                                    Pipeline and Hazardous Materials Safety
                                    Administration makes publicly available
                                    on the internet; and
                                        ``(II) submit to the Committee on
                                    Commerce, Science, and Transportation
                                    of the Senate and the Committees on
                                    Transportation and Infrastructure and
                                    Energy and Commerce of the House of
                                    Representatives a report on that
                                    review, including any recommendations
                                    under clause (iii).
                                ``(ii) Contents.--The report under clause
                            (i)(II) shall include--
                                        ``(I) a description of the process
                                    that the Pipeline and Hazardous
                                    Materials Safety Administration uses to
                                    collect and record enforcement
                                    information;
                                        ``(II) an assessment of whether
                                    and, if so, how the Pipeline and
                                    Hazardous Materials Safety
                                    Administration ensures that enforcement
                                    information is made available to the
                                    public in an accessible manner; and
                                        ``(III) an assessment of the
                                    information described in clause (i)(I).
                                ``(iii) Recommendations.--The report under
                            clause (i)(II) may include recommendations
                            regarding--
                                        ``(I) any improvements that could
                                    be made to the accessibility of the
                                    information described in clause (i)(I);
                                        ``(II) whether and, if so, how the
                                    information described in clause (i)(I)
                                    could be made more transparent; and
                                        ``(III) any other recommendations
                                    that the Comptroller General of the
                                    United States considers appropriate.
                ``(4) Savings clause.--Nothing in this subsection alters
            the procedures applicable to--
                        ``(A) an emergency order under subsection (p);
                        ``(B) a safety order under subsection (m); or
                        ``(C) a corrective action order under section
                    60112.''.
        (b) Conforming Amendments.--
                (1) Section 60109(g)(4) of title 49, United States Code, is
            amended by striking ``section 60117(c)'' and inserting
            ``section 60117(d)''.
                (2) Section 60117(p) of title 49, United States Code (as
            redesignated by subsection (a)(1)), is amended, in paragraph
            (3)(E), by striking ``60117(l)'' and inserting ``subsection
            (m)''.
                (3) Section 60118(a)(3) of title 49, United States Code, is
            amended by striking ``section 60117(a)-(d)'' and inserting
            ``subsections (a) through (e) of section 60117''.

    SEC. 109. PIPELINE OPERATING STATUS.

        (a) In General.--Chapter 601 of title 49, United States Code (as
    amended by section 104(a)), is amended by adding at the end the
    following:
    ``Sec. 60143. Idled pipelines
        ``(a) Definition of Idled.--In this section, the term `idled', with
    respect to a pipeline, means that the pipeline--
                ``(1)(A) has ceased normal operations; and
                ``(B) will not resume service for a period of not less than
            180 days;
                ``(2) has been isolated from all sources of hazardous
            liquid, natural gas, or other gas; and
                ``(3)(A) has been purged of combustibles and hazardous
            materials and maintains a blanket of inert, nonflammable gas at
            low pressure; or
                ``(B) has not been purged as described in subparagraph (A),
            but the volume of gas is so small that there is no potential
            hazard, as determined by the Secretary pursuant to a rule.
        ``(b) Rulemaking.--
                ``(1) In general.--Not later than 2 years after the date of
            enactment of the PIPES Act of 2020, the Secretary shall
            promulgate regulations prescribing the applicability of the
            pipeline safety requirements to idled natural or other gas
            transmission and hazardous liquid pipelines.
                ``(2) Requirements.--
                        ``(A) In general.--The applicability of the
                    regulations under paragraph (1) shall be based on the
                    risk that idled natural or other gas transmission and
                    hazardous liquid pipelines pose to the public,
                    property, and the environment, and shall include
                    requirements to resume operation.
                        ``(B) Inspection.--The Secretary or an appropriate
                    State agency shall inspect each idled pipeline and
                    verify that the pipeline has been purged of
                    combustibles and hazardous materials, if required under
                    subsection (a).
                        ``(C) Requirements for reinspection.--The Secretary
                    shall determine the requirements for periodic
                    reinspection of idled natural or other gas transmission
                    and hazardous liquid pipelines.
                        ``(D) Resumption of operations.--As a condition to
                    allowing an idled pipeline to resume operations, the
                    Secretary shall require that, prior to resuming
                    operations, the pipeline shall be--
                                ``(i) inspected with--
                                        ``(I) hydrostatic pressure testing;
                                        ``(II) an internal inspection
                                    device; or
                                        ``(III) if the use of hydrostatic
                                    pressure testing or an internal
                                    inspection device is not
                                    technologically feasible, another
                                    comparable technology or practice; and
                                ``(ii) in compliance with regulations
                            promulgated under this chapter, including any
                            regulations that became effective while the
                            pipeline was idled.''.
        (b) Clerical Amendment.--The table of sections for chapter 601 of
    title 49, United States Code (as amended by section 104(b)), is amended
    by inserting after the item relating to section 60142 the following:

    ``60143. Idled pipelines.''.

    SEC. 110. UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS FACILITIES.

        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Secretary shall--
                (1) review the minimum operating and maintenance standards
            prescribed under section 60103(d) of title 49, United States
            Code; and
                (2) based on the review under paragraph (1), update the
            standards described in that paragraph applicable to large-scale
            liquefied natural gas facilities (other than peak shaving
            facilities) to provide for a risk-based regulatory approach for
            such facilities, consistent with this section.
        (b) Scope.--In updating the minimum operating and maintenance
    standards under subsection (a)(2), the Secretary shall ensure that all
    regulations, guidance, and internal documents--
                (1) are developed and applied in a manner consistent with
            this section; and
                (2) achieve a level of safety that is equivalent to, or
            greater than, the level of safety required by the standards
            prescribed as of the date of enactment of this Act under--
                        (A) section 60103(d) of title 49, United States
                    Code; and
                        (B) part 193 of title 49, Code of Federal
                    Regulations (as in effect on the date of enactment of
                    this Act).
        (c) Requirements.--The updates to the operating and maintenance
    standards required under subsection (a)(2) shall, at a minimum, require
    operators--
                (1) to develop and maintain written safety information
            identifying hazards associated with--
                        (A) the processes of liquefied natural gas
                    conversion, storage, and transport;
                        (B) equipment used in the processes; and
                        (C) technology used in the processes;
                (2) to conduct a hazard assessment, including the
            identification of potential sources of accidental releases;
                (3)(A) to consult with employees and representatives of
            employees on the development and execution of hazard
            assessments under paragraph (2); and
                (B) to provide employees access to the records of the
            hazard assessments and any other records required under the
            updated standards;
                (4) to establish a system to respond to the findings of a
            hazard assessment conducted under paragraph (2) that addresses
            prevention, mitigation, and emergency responses;
                (5) to review, when a design change occurs, the most recent
            hazard assessment conducted under paragraph (2) and the
            response system established under paragraph (4);
                (6) to develop and implement written operating procedures
            for the processes of liquefied natural gas conversion, storage,
            and transport;
                (7)(A) to provide written safety and operating information
            to employees; and
                (B) to train employees in operating procedures with an
            emphasis on addressing hazards and using safe practices;
                (8) to ensure contractors and contract employees are
            provided appropriate information and training;
                (9) to train and educate employees and contractors in
            emergency response;
                (10) to establish a quality assurance program to ensure
            that equipment, maintenance materials, and spare parts relating
            to the operations and maintenance of liquefied natural gas
            facilities are fabricated and installed consistent with design
            specifications;
                (11) to establish maintenance systems for critical process-
            related equipment, including written procedures, employee
            training, appropriate inspections, and testing of that
            equipment to ensure ongoing mechanical integrity;
                (12) to conduct pre-start-up safety reviews of all newly
            installed or modified equipment;
                (13) to establish and implement written procedures to
            manage change to processes of liquefied natural gas conversion,
            storage, and transport, technology, equipment, and facilities;
            and
                (14)(A) to investigate each incident that results in, or
            could have resulted in--
                        (i) loss of life;
                        (ii) destruction of private property; or
                        (iii) a major accident; and
                (B) to have operating personnel--
                        (i) review any findings of an investigation under
                    subparagraph (A); and
                        (ii) if appropriate, take responsive measures.
        (d) Submission and Approval.--
                (1) In general.--The Secretary shall require that operators
            that are subject to the regulations under subsection (a)(2)
            submit to the Secretary for approval a plan for the
            implementation of the requirements described in subsection (c).
                (2) Requirement.--The implementation plan described in
            paragraph (1) shall include--
                        (A) an anticipated schedule for the implementation
                    of the requirements described in subsection (c); and
                        (B) an overview of the process for implementation.
        (e) Inspection and Compliance Assurance.--
                (1) Determination of inadequate programs.--If the Secretary
            determines during an inspection carried out under chapter 601
            of title 49, United States Code, that an operator's
            implementation of the requirements described in subsection (c)
            does not comply with the requirements of that chapter
            (including any regulations promulgated under that chapter), has
            not been adequately implemented, is inadequate for the safe
            operation of a large-scale liquefied natural gas facility, or
            is otherwise inadequate, the Secretary may conduct enforcement
            proceedings under that chapter.
                (2) Savings clause.--Nothing in this section shall affect
            the authority of the Secretary to carry out inspections or
            conduct enforcement proceedings under chapter 601 of title 49,
            United States Code.
        (f) Emergencies and Compliance.--Nothing in this section may be
    construed to diminish or modify--
                (1) the authority of the Secretary under this title to act
            in the case of an emergency; or
                (2) the authority of the Secretary under sections 60118
            through 60123 of title 49, United States Code.
        (g) Civil Penalties.--A person violating the standards prescribed
    under this section, including any revisions to the minimum operating
    and maintenance standards prescribed under 60103 of title 49, United
    States Code, shall be liable for a civil penalty that may not exceed
    $200,000 for each violation pursuant to section 60122(a)(1) of that
    title.

    SEC. 111. NATIONAL CENTER OF EXCELLENCE FOR LIQUEFIED NATURAL GAS
                  SAFETY.

        (a) Definitions.--In this section:
                (1) Center.--The term ``Center'' means the National Center
            of Excellence for Liquefied Natural Gas Safety that may be
            established under subsection (b).
                (2) LNG.--The term ``LNG'' means liquefied natural gas.
                (3) LNG sector stakeholder.--The term ``LNG sector
            stakeholder'' means a representative of--
                        (A) LNG facilities that represent the broad array
                    of LNG facilities operating in the United States;
                        (B) States, Indian Tribes, and units of local
                    government;
                        (C) postsecondary education;
                        (D) labor organizations;
                        (E) safety organizations; or
                        (F) Federal regulatory agencies of jurisdiction,
                    which may include--
                                (i) the Administration;
                                (ii) the Federal Energy Regulatory
                            Commission;
                                (iii) the Department of Energy;
                                (iv) the Occupational Safety and Health
                            Administration;
                                (v) the Coast Guard; and
                                (vi) the Maritime Administration.
        (b) Establishment.--Only after submitting the report under
    subsection (c) to the committees of Congress described in that
    subsection, and subject to the availability of funds appropriated by
    Congress for the applicable purpose, the Secretary, in consultation
    with LNG sector stakeholders, may establish a center, to be known as
    the ``National Center of Excellence for Liquefied Natural Gas Safety''.
        (c) Report.--
                (1) In general.--Not later than 18 months after the date of
            enactment of this Act, the Secretary shall submit to the
            Committees on Commerce, Science, and Transportation and
            Appropriations of the Senate and the Committees on
            Transportation and Infrastructure, Energy and Commerce, and
            Appropriations of the House of Representatives a report on--
                        (A) the resources necessary to establish the
                    Center; and
                        (B) the manner in which the Center will carry out
                    the functions described in subsection (d).
                (2) Requirement.--The report under paragraph (1) shall
            include an estimate of all potential costs and appropriations
            necessary to carry out the functions described in subsection
            (d).
        (d) Functions.--The Center shall, for activities regulated under
    section 60103 of title 49, United States Code, enhance the United
    States as the leader and foremost expert in LNG operations by--
                (1) furthering the expertise of the Federal Government in
            the operations, management, and regulatory practices of LNG
            facilities through--
                        (A) the use of performance-based principles;
                        (B) experience and familiarity with LNG operational
                    facilities; and
                        (C) increased communication with LNG experts to
                    learn and support state-of-the-art operational
                    practices;
                (2) acting as a repository of information on best practices
            for the operation of LNG facilities; and
                (3) facilitating collaboration among LNG sector
            stakeholders.
        (e) Location.--
                (1) In general.--The Center shall be located in close
            proximity to critical LNG transportation infrastructure on, and
            connecting to, the Gulf of Mexico, as determined by the
            Secretary.
                (2) Considerations.--In determining the location of the
            Center, the Secretary shall--
                        (A) take into account the strategic value of
                    locating resources in close proximity to LNG
                    facilities; and
                        (B) locate the Center in the State with the largest
                    LNG production capacity, as determined by the total
                    capacity (in billion cubic feet per day) of LNG
                    production authorized by the Federal Energy Regulatory
                    Commission under section 3 of the Natural Gas Act (15
                    U.S.C. 717b) as of the date of enactment of this Act.
        (f) Coordination With TQ Training Center.--In carrying out the
    functions described in subsection (d), the Center shall coordinate with
    the Training and Qualifications Training Center of the Administration
    in Oklahoma City, Oklahoma, to facilitate knowledge sharing among, and
    enhanced training opportunities for, Federal and State pipeline safety
    inspectors and investigators.
        (g) Joint Operation With Educational Institution.--The Secretary
    may enter into an agreement with an appropriate official of an
    institution of higher education--
                (1) to provide for joint operation of the Center; and
                (2) to provide necessary administrative services for the
            Center.

    SEC. 112. PRIORITIZATION OF RULEMAKING.

        (a) Rulemaking.--Not later than 90 days after the date of enactment
    of this Act, the Secretary shall issue a final rule with respect to the
    portion of the proposed rule issued on April 8, 2016, entitled
    ``Pipeline Safety: Safety of Gas Transmission and Gathering Pipelines''
    (81 Fed. Reg. 20722; Docket No. PHMSA-2011-0023) that relates to the
    consideration of gathering pipelines.
        (b) Study.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General of the United States shall--
                (1) review the extent to which geospatial and technical
            data is collected by operators of gathering lines, including
            design and material specifications;
                (2) analyze information collected by operators of gathering
            lines when the mapping information described in paragraph (1)
            is not available for a gathering line; and
                (3) assess any plans and timelines of operators of
            gathering lines to develop the mapping information described in
            paragraph (1) or otherwise collect information described in
            paragraph (2).
        (c) Report.--The Comptroller General of the United States shall
    submit to the Committee on Commerce, Science, and Transportation of the
    Senate and the Committees on Transportation and Infrastructure and
    Energy and Commerce of the House of Representatives a report on the
    review required under subsection (b), including any recommendations
    that the Comptroller General of the United States may have as a result
    of the review.

    SEC. 113. LEAK DETECTION AND REPAIR.

        Section 60102 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(q) Gas Pipeline Leak Detection and Repair.--
                ``(1) In general.--Not later than 1 year after the date of
            enactment of this subsection, the Secretary shall promulgate
            final regulations that require operators of regulated gathering
            lines (as defined pursuant to subsection (b) of section 60101
            for purposes of subsection (a)(21) of that section) in a Class
            2 location, Class 3 location, or Class 4 location, as
            determined under section 192.5 of title 49, Code of Federal
            Regulations, operators of new and existing gas transmission
            pipeline facilities, and operators of new and existing gas
            distribution pipeline facilities to conduct leak detection and
            repair programs--
                        ``(A) to meet the need for gas pipeline safety, as
                    determined by the Secretary; and
                        ``(B) to protect the environment.
                ``(2) Leak detection and repair programs.--
                        ``(A) Minimum performance standards.--The final
                    regulations promulgated under paragraph (1) shall
                    include, for the leak detection and repair programs
                    described in that paragraph, minimum performance
                    standards that reflect the capabilities of commercially
                    available advanced technologies that, with respect to
                    each pipeline covered by the programs, are appropriate
                    for--
                                ``(i) the type of pipeline;
                                ``(ii) the location of the pipeline;
                                ``(iii) the material of which the pipeline
                            is constructed; and
                                ``(iv) the materials transported by the
                            pipeline.
                        ``(B) Requirement.--The leak detection and repair
                    programs described in paragraph (1) shall be able to
                    identify, locate, and categorize all leaks that--
                                ``(i) are hazardous to human safety or the
                            environment; or
                                ``(ii) have the potential to become
                            explosive or otherwise hazardous to human
                            safety.
                ``(3) Advanced leak detection technologies and practices.--
                        ``(A) In general.--The final regulations
                    promulgated under paragraph (1) shall--
                                ``(i) require the use of advanced leak
                            detection technologies and practices described
                            in subparagraph (B);
                                ``(ii) identify any scenarios where
                            operators may use leak detection practices that
                            depend on human senses; and
                                ``(iii) include a schedule for repairing or
                            replacing each leaking pipe, except a pipe with
                            a leak so small that it poses no potential
                            hazard, with appropriate deadlines.
                        ``(B) Advanced leak detection technologies and
                    practices described.--The advanced leak detection
                    technologies and practices referred to in subparagraph
                    (A)(i) include--
                                ``(i) for new and existing gas distribution
                            pipeline facilities, technologies and practices
                            to detect pipeline leaks--
                                        ``(I) through continuous monitoring
                                    on or along the pipeline; or
                                        ``(II) through periodic surveys
                                    with handheld equipment, equipment
                                    mounted on mobile platforms, or other
                                    means using commercially available
                                    technology;
                                ``(ii) for new and existing gas
                            transmission pipeline facilities, technologies
                            and practices to detect pipeline leaks
                            through--
                                        ``(I) equipment that is capable of
                                    continuous monitoring; or
                                        ``(II) periodic surveys with
                                    handheld equipment, equipment mounted
                                    on mobile platforms, or other means
                                    using commercially available
                                    technology; and
                                ``(iii) for regulated gathering lines in
                            Class 2 locations, Class 3 locations, or Class
                            4 locations, technologies and practices to
                            detect pipeline leaks through--
                                        ``(I) equipment that is capable of
                                    continuous monitoring; or
                                        ``(II) periodic surveys with
                                    handheld equipment, equipment mounted
                                    on mobile platforms, or other means
                                    using commercially available
                                    technology.
                ``(4) Rules of construction.--
                        ``(A) Surveys and timelines.--In promulgating
                    regulations under this subsection, the Secretary--
                                ``(i) may not reduce the frequency of
                            surveys required under any other provision of
                            this chapter or stipulated by regulation as of
                            the date of enactment of this subsection; and
                                ``(ii) may not extend the duration of any
                            timelines for the repair or remediation of
                            leaks that are stipulated by regulation as of
                            the date of enactment of this subsection.
                        ``(B) Application.--The limitations in this
                    paragraph do not restrict the Secretary's ability to
                    modify any regulations through proceedings separate
                    from or subsequent to the final regulations required
                    under paragraph (1).
                        ``(C) Existing authority.--Nothing in this
                    subsection may be construed to alter the authority of
                    the Secretary to regulate gathering lines as defined
                    pursuant to section 60101.''.

    SEC. 114. INSPECTION AND MAINTENANCE PLANS.

        (a) In General.--Section 60108 of title 49, United States Code, is
    amended--
                (1) in subsection (a)--
                        (A) in paragraph (2)--
                                (i) in the matter preceding subparagraph
                            (A), by inserting ``, must meet the
                            requirements of any regulations promulgated
                            under section 60102(q),'' after ``the need for
                            pipeline safety'';
                                (ii) in subparagraph (C), by striking
                            ``and'' at the end; and
                                (iii) by striking subparagraph (D) and
                            inserting the following:
                        ``(D) the extent to which the plan will contribute
                    to--
                                ``(i) public safety;
                                ``(ii) eliminating hazardous leaks and
                            minimizing releases of natural gas from
                            pipeline facilities; and
                                ``(iii) the protection of the environment;
                            and
                        ``(E) the extent to which the plan addresses the
                    replacement or remediation of pipelines that are known
                    to leak based on the material (including cast iron,
                    unprotected steel, wrought iron, and historic plastics
                    with known issues), design, or past operating and
                    maintenance history of the pipeline.''; and
                        (B) by striking paragraph (3) and inserting the
                    following:
                ``(3) Review of plans.--
                        ``(A) In general.--Not later than 2 years after the
                    date of enactment of this subparagraph, and not less
                    frequently than once every 5 years thereafter, the
                    Secretary or relevant State authority with a
                    certification in effect under section 60105 shall
                    review each plan described in this subsection.
                        ``(B) Context of review.--The Secretary may conduct
                    a review under this paragraph as an element of the
                    inspection of the operator carried out by the Secretary
                    under subsection (b).
                        ``(C) Inadequate programs.--If the Secretary
                    determines that a plan reviewed under this paragraph
                    does not comply with the requirements of this chapter
                    (including any regulations promulgated under this
                    chapter), has not been adequately implemented, is
                    inadequate for the safe operation of a pipeline
                    facility, or is otherwise inadequate, the Secretary may
                    conduct enforcement proceedings under this chapter.'';
                    and
                (2) in subsection (b)(1)(B), by inserting ``construction
            material,'' after ``method of construction,''.
        (b) Deadline.--Not later than 1 year after the date of enactment of
    this Act, each pipeline operator shall update the inspection and
    maintenance plan prepared by the operator under section 60108(a) of
    title 49, United States Code, to address the elements described in the
    amendments to that section made by subsection (a).
        (c) Inspection and Maintenance Plan Oversight.--
                (1) Study.--The Comptroller General of the United States
            shall conduct a study to evaluate the procedures used by the
            Secretary and States in reviewing plans prepared by pipeline
            operators under section 60108(a) of title 49, United States
            Code, pursuant to subsection (b) in minimizing releases of
            natural gas from pipeline facilities.
                (2) Report of the comptroller general of the united
            states.--Not later than 1 year after the Secretary's review of
            the operator plans prepared under section 60108(a) of title 49,
            United States Code, the Comptroller General of the United
            States shall submit to the Secretary, the Committee on
            Commerce, Science, and Transportation of the Senate, and the
            Committees on Transportation and Infrastructure and Energy and
            Commerce of the House of Representatives a report that--
                        (A) describes the results of the study conducted
                    under paragraph (1), including an evaluation of the
                    procedures used by the Secretary and States in
                    reviewing the effectiveness of the plans prepared by
                    pipeline operators under section 60108(a) of title 49,
                    United States Code, pursuant to subsection (b) in
                    minimizing releases of natural gas from pipeline
                    facilities; and
                        (B) provides recommendations for how to further
                    minimize releases of natural gas from pipeline
                    facilities without compromising pipeline safety based
                    on observations and information obtained through the
                    study conducted under paragraph (1).
                (3) Response of the secretary.--Not later than 90 days
            after the date on which the report under paragraph (2) is
            published, the Secretary shall submit to the Committee on
            Commerce, Science, and Transportation of the Senate and the
            Committees on Transportation and Infrastructure and Energy and
            Commerce of the House of Representatives a report that includes
            a response to the results of the study conducted under
            paragraph (1) and the recommendations contained in the report
            submitted under paragraph (2).
        (d) Best Available Technologies or Practices.--
                (1) Report of the secretary.--Not later than 18 months
            after the date of enactment of this Act, the Secretary shall
            submit to the Committee on Commerce, Science, and
            Transportation of the Senate and the Committees on
            Transportation and Infrastructure and Energy and Commerce of
            the House of Representatives a report--
                        (A) discussing--
                                (i) the best available technologies or
                            practices to prevent or minimize, without
                            compromising pipeline safety, the release of
                            natural gas when making planned repairs,
                            replacements, or maintenance to a pipeline
                            facility;
                                (ii) the best available technologies or
                            practices to prevent or minimize, without
                            compromising pipeline safety, the release of
                            natural gas when the operator intentionally
                            vents or releases natural gas, including
                            blowdowns; and
                                (iii) pipeline facility designs that,
                            without compromising pipeline safety, mitigate
                            the need to intentionally vent natural gas; and
                        (B) recommending a timeline for updating pipeline
                    safety regulations, as the Secretary determines to be
                    appropriate, to address the matters described in
                    subparagraph (A).
                (2) Rulemaking.--Not later than 180 days after the date on
            which the Secretary submits the report under this subsection,
            the Secretary shall update pipeline safety regulations that the
            Secretary has determined are necessary to protect the
            environment without compromising pipeline safety.

    SEC. 115. CONSIDERATION OF PIPELINE CLASS LOCATION CHANGES.

        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Administrator of the Pipeline and Hazardous Materials
    Safety Administration shall--
                (1) review all comments submitted in response to the
            advance notice of proposed rulemaking entitled ``Pipeline
            Safety: Class Location Change Requirements'' (83 Fed. Reg.
            36861 (July 31, 2018));
                (2) complete any other activities or procedures necessary--
                        (A) to make a determination whether to publish a
                    notice of proposed rulemaking; and
                        (B) if a positive determination is made under
                    subparagraph (A), to advance in the rulemaking process,
                    including by taking any actions required under section
                    60115 of title 49, United State Code; and
                (3) consider the issues raised in the report to Congress
            entitled ``Evaluation of Expanding Pipeline Integrity
            Management Beyond High-Consequence Areas and Whether Such
            Expansion Would Mitigate the Need for Gas Pipeline Class
            Location Requirements'' prepared by the Pipeline and Hazardous
            Materials Safety Administration and submitted to Congress on
            June 8, 2016, including the adequacy of existing integrity
            management programs.
        (b) Rule of Construction.--Nothing in this section may be construed
    to require the Administrator of the Pipeline and Hazardous Materials
    Safety Administration to publish a notice of proposed rulemaking or
    otherwise continue the rulemaking process with respect to the advance
    notice of proposed rulemaking described in subsection (a)(1).
        (c) Reporting.--For purposes of this section, the requirements of
    section 106 shall apply during the period beginning on the date that is
    180 days after the date of enactment of this Act and ending on the date
    on which the requirements of subsection (a) are completed.

    SEC. 116. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY
                  INFORMATION.

        Section 60129 of title 49, United States Code, is amended--
                (1) in subsection (a)(1), in the matter preceding
            subparagraph (A), by striking ``employee with'' and inserting
            ``current or former employee with'';
                (2) in subsection (b)(3), by adding at the end the
            following:
                        ``(D) De novo review.--
                                ``(i) In general.--With respect to a
                            complaint under paragraph (1), if the Secretary
                            of Labor has not issued a final decision by the
                            date that is 210 days after the date on which
                            the complaint was filed, and if the delay is
                            not due to the bad faith of the employee who
                            filed the complaint, that employee may bring an
                            original action at law or equity for de novo
                            review in the appropriate district court of the
                            United States, which shall have jurisdiction
                            over such action without regard to the amount
                            in controversy, and which action shall, at the
                            request of either party to the action, be tried
                            by the court with a jury.
                                ``(ii) Burdens of proof.--An original
                            action described in clause (i) shall be
                            governed by the same legal burdens of proof
                            specified in paragraph (2)(B) for review by the
                            Secretary of Labor.''; and
                (3) by adding at the end the following:
        ``(e) Nonenforceability of Certain Provisions Waiving Rights and
    Remedies or Requiring Arbitration of Disputes.--
                ``(1) Waiver of rights and remedies.--The rights and
            remedies provided under this section may not be waived by any
            agreement, policy, form, or condition of employment, including
            by a predispute arbitration agreement.
                ``(2) Predispute arbitration agreements.--No provision of a
            predispute arbitration agreement shall be valid or enforceable
            if the provision requires arbitration of a dispute arising
            under subsection (a)(1).''.

    SEC. 117. INTERSTATE DRUG AND ALCOHOL OVERSIGHT.

        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Secretary shall amend the auditing program
    for the drug and alcohol regulations in part 199 of title 49, Code of
    Federal Regulations, to improve the efficiency and processes of those
    regulations as applied to--
                (1) operators; and
                (2) pipeline contractors working for multiple operators in
            multiple States.
        (b) Requirement.--In carrying out subsection (a), the Secretary
    shall minimize duplicative audits of the same operators, and the
    contractors working for those operators, by the Administration and
    multiple State agencies.
        (c) Rule of Construction.--Nothing in this section may be construed
    to require modification of the inspection or enforcement authority of
    any Federal agency or State.

    SEC. 118. PURPOSE AND GENERAL AUTHORITY.

        Section 60102(b)(5) of title 49, United States Code, is amended--
                (1) by striking ``Chapter'' and inserting ``chapter''; and
                (2) by inserting ``, including safety and environmental
            benefits,'' after ``benefits''.

    SEC. 119. NATIONAL ACADEMY OF SCIENCES STUDY ON AUTOMATIC AND REMOTE-
                  CONTROLLED SHUT-OFF VALVES ON EXISTING PIPELINES.

        (a) Study.--The Secretary shall enter into an arrangement with the
    National Academy of Sciences under which the National Academy of
    Sciences shall conduct a study of potential methodologies or standards
    for the installation of automatic or remote-controlled shut-off valves
    on an existing pipeline in--
                (1) a high consequence area (as defined in section 192.903
            of title 49, Code of Federal Regulations (or a successor
            regulation)) for a gas transmission pipeline facility; or
                (2) for a hazardous liquid pipeline facility--
                        (A) a commercially navigable waterway (as defined
                    in section 195.450 of that title (or a successor
                    regulation)); or
                        (B) an unusually sensitive area (as defined in
                    section 195.6 of that title (or a successor
                    regulation)).
        (b) Factors for Consideration.--In conducting the study under
    subsection (a), the National Academy of Sciences shall take into
    consideration, as applicable--
                (1) methodologies that conform to the recommendations
            submitted by the National Transportation Safety Board to the
            Pipeline and Hazardous Materials Safety Administration and
            Congress regarding automatic and remote-controlled shut-off
            valves;
                (2) to the extent practicable, compatibility with existing
            regulations of the Administration, including any regulations
            promulgated pursuant to docket number PHMSA-2013-0255, relating
            to the installation of automatic and remote-controlled shutoff
            valves;
                (3) methodologies that maximize safety and environmental
            benefits; and
                (4) the economic, technical, and operational feasibility of
            installing automatic or remote-controlled shut-off valves on
            existing pipelines by employing such methodologies or
            standards.
        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the National Academy of Sciences shall submit to the
    Committee on Commerce, Science, and Transportation of the Senate and
    the Committees on Transportation and Infrastructure and Energy and
    Commerce of the House of Representatives a report describing the
    results of the study under subsection (a).

    SEC. 120. UNUSUALLY SENSITIVE AREAS.

        (a) Certain Coastal Waters; Coastal Beaches.--Section 19(b) of the
    PIPES Act of 2016 (49 U.S.C. 60109 note; Public Law 114-183) is
    amended--
                (1) by striking ``The Secretary'' and inserting the
            following: ``
                ``(1) Definitions.--In this subsection:
                        ``(A) Certain coastal waters.--The term `certain
                    coastal waters' means--
                                ``(i) the territorial sea of the United
                            States;
                                ``(ii) the Great Lakes and their connecting
                            waters; and
                                ``(iii) the marine and estuarine waters of
                            the United States up to the head of tidal
                            influence.
                        ``(B) Coastal beach.--The term `coastal beach'
                    means any land between the high- and low-water marks of
                    certain coastal waters.
                ``(2) Revision.--The Secretary''; and
                (2) in paragraph (2) (as so designated), by striking
            ``marine coastal waters'' and inserting ``certain coastal
            waters''.
        (b) Certain Coastal Waters.--Section 60109(b)(2) of title 49,
    United States Code, is amended by striking ``marine coastal waters''
    and inserting ``certain coastal waters''.
        (c) Update to Regulations.--The Secretary shall complete the
    revision to regulations required under section 19(b) of the PIPES Act
    of 2016 (49 U.S.C. 60109 note; Public Law 114-183) (as amended by
    subsection (a)) by not later than 90 days after the date of enactment
    of this Act.
        (d) Hazardous Liquid Pipeline Facilities Located in Certain
    Areas.--Section 60109(g) of title 49, United States Code, is amended--
                (1) in paragraph (1)(B), by inserting ``, but not less
            often than once every 12 months'' before the period at the end;
            and
                (2) by adding at the end the following:
                ``(5) Considerations.--In carrying out this subsection,
            each operator shall implement procedures that assess potential
            impacts by maritime equipment or other vessels, including
            anchors, anchor chains, or any other attached equipment.''.

    SEC. 121. SAFETY-RELATED CONDITION REPORTS.

        Section 60102(h) of title 49, United States Code, is amended by
    striking paragraph (2) and inserting the following:
                ``(2) Submission of report.--As soon as practicable, but
            not later than 5 business days, after a representative of a
            person to whom this section applies first establishes that a
            condition described in paragraph (1) exists, the operator shall
            submit the report required under that paragraph to--
                        ``(A) the Secretary;
                        ``(B) the appropriate State authority or, where no
                    appropriate State authority exists, to the Governor of
                    a State where the subject of the Safety Related
                    Condition report occurred; and
                        ``(C) the appropriate Tribe where the subject of
                    the Safety Related Condition report occurred.
                ``(3) Submission of report to other entities.--Upon
            request, a State authority or a Governor that receives a report
            submitted under this subsection may submit the report to any
            relevant emergency response or planning entity, including any--
                        ``(A) State emergency response commission
                    established pursuant to section 301 of the Emergency
                    Planning and Community Right-To-Know Act of 1986 (42
                    U.S.C. 11001);
                        ``(B) Tribal emergency response commission or
                    emergency planning committee (as defined in part 355 of
                    title 40, Code of Federal Regulations (or a successor
                    regulation));
                        ``(C) local emergency planning committee
                    established pursuant to section 301 of the Emergency
                    Planning and Community Right-To-Know Act of 1986 (42
                    U.S.C. 11001); or
                        ``(D) other public agency responsible for emergency
                    response.''.

    SEC. 122. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.

        Section 60109(c) of title 49, United States Code, is amended by
    adding at the end the following:
                ``(12) Distribution pipelines.--
                        ``(A) Study.--The Secretary shall conduct a study
                    of methods that may be used under paragraph (3), other
                    than direct assessment, to assess distribution
                    pipelines to determine whether any such method--
                                ``(i) would provide a greater level of
                            safety than direct assessment of the pipelines;
                            and
                                ``(ii) is feasible.
                        ``(B) Report.--Not later than 2 years after the
                    date of enactment of this paragraph, the Secretary
                    shall submit to the Committee on Commerce, Science, and
                    Transportation of the Senate and the Committees on
                    Energy and Commerce and Transportation and
                    Infrastructure of the House of Representatives a report
                    describing--
                                ``(i) the results of the study under
                            subparagraph (A); and
                                ``(ii) recommendations based on that study,
                            if any.''.

    SEC. 123. RULE OF CONSTRUCTION.

        Nothing in this title or an amendment made by this title may be
    construed to affect the authority of the Administrator of the
    Environmental Protection Agency under the Clean Air Act (42 U.S.C. 7401
    et seq.), the authority of the Secretary of the Interior under the
    Mineral Leasing Act (30 U.S.C. 181 et seq.), or the authority of any
    State, to regulate a release of pollutants or hazardous substances to
    air, water, or land, including through the establishment and
    enforcement of requirements relating to such release.

                  TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

    SEC. 201. SHORT TITLE.

        This title may be cited as the ``Leonel Rondon Pipeline Safety
    Act''.

    SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.

        (a) In General.--Section 60109(e) of title 49, United States Code,
    is amended by adding at the end the following:
                ``(7) Evaluation of risk.--
                        ``(A) In general.--Not later than 2 years after the
                    date of enactment of this paragraph, the Secretary
                    shall promulgate regulations to ensure that each
                    distribution integrity management plan developed by an
                    operator of a distribution system includes an
                    evaluation of--
                                ``(i) the risks resulting from the presence
                            of cast iron pipes and mains in the
                            distribution system; and
                                ``(ii) the risks that could lead to or
                            result from the operation of a low-pressure
                            distribution system at a pressure that makes
                            the operation of any connected and properly
                            adjusted low-pressure gas burning equipment
                            unsafe, as determined by the Secretary.
                        ``(B) Consideration.--In carrying out subparagraph
                    (A)(ii), the Secretary shall ensure that an operator of
                    a distribution system--
                                ``(i) considers factors other than past
                            observed abnormal operating conditions (as
                            defined in section 192.803 of title 49, Code of
                            Federal Regulations (or a successor
                            regulation)) in ranking risks and identifying
                            measures to mitigate those risks; and
                                ``(ii) may not determine that there are no
                            potential consequences associated with low
                            probability events unless that determination is
                            otherwise supported by engineering analysis or
                            operational knowledge.
                        ``(C) Deadlines.--
                                ``(i) In general.--Not later than 2 years
                            after the date of enactment of this paragraph,
                            each operator of a distribution system shall
                            make available to the Secretary or the relevant
                            State authority with a certification in effect
                            under section 60105, as applicable, a copy of--
                                        ``(I) the distribution integrity
                                    management plan of the operator;
                                        ``(II) the emergency response plan
                                    under section 60102(d)(5); and
                                        ``(III) the procedural manual for
                                    operations, maintenance, and
                                    emergencies under section 60102(d)(4).
                                ``(ii) Updates.--Each operator of a
                            distribution system shall make available to the
                            Secretary or make available for inspection to
                            the relevant State authority described in
                            clause (i), if applicable, an updated plan or
                            manual described in that clause by not later
                            than 60 days after the date of a significant
                            update, as determined by the Secretary.
                                ``(iii) Applicability of foia.--Nothing in
                            this subsection shall be construed to authorize
                            the disclosure of any information that is
                            exempt from disclosure under section 552(b) of
                            title 5.
                        ``(D) Review of plans and documents.--
                                ``(i) Timing.--
                                        ``(I) In general.--Not later than 2
                                    years after the date of promulgation of
                                    the regulations under subparagraph (A),
                                    and not less frequently than once every
                                    5 years thereafter, the Secretary or
                                    relevant State authority with a
                                    certification in effect under section
                                    60105 shall review the distribution
                                    integrity management plan, the
                                    emergency response plan, and the
                                    procedural manual for operations,
                                    maintenance, and emergencies of each
                                    operator of a distribution system and
                                    record the results of that review for
                                    use in the next review of the program
                                    of that operator.
                                        ``(II) Grace period.--For the
                                    third, fourth, and fifth years after
                                    the date of promulgation of the
                                    regulations under subparagraph (A), the
                                    Secretary--
                                                ``(aa) shall not use
                                            subclause (I) as justification
                                            to reduce funding, decertify,
                                            or penalize in any way under
                                            section 60105, 60106, or 60107
                                            a State authority that has in
                                            effect a certification under
                                            section 60105 or an agreement
                                            under section 60106; and
                                                ``(bb) shall--

                                                        ``(AA) submit to
                                                    the Committee on
                                                    Commerce, Science, and
                                                    Transportation of the
                                                    Senate and the
                                                    Committees on
                                                    Transportation and
                                                    Infrastructure and
                                                    Energy and Commerce of
                                                    the House of
                                                    Representatives a list
                                                    of States found to be
                                                    noncompliant with
                                                    subclause (I) during
                                                    the annual program
                                                    evaluation; and

                                                        ``(BB) provide a
                                                    written notice to each
                                                    State authority
                                                    described in item (aa)
                                                    that is not in
                                                    compliance with the
                                                    requirements of
                                                    subclause (I).

                                ``(ii) Review.--Each plan or procedural
                            manual made available under subparagraph (C)(i)
                            shall be reexamined--
                                        ``(I) on significant change to the
                                    plans or procedural manual, as
                                    applicable;
                                        ``(II) on significant change to the
                                    gas distribution system of the
                                    operator, as applicable; and
                                        ``(III) not less frequently than
                                    once every 5 years.
                                ``(iii) Context of review.--The Secretary
                            may conduct a review under clause (i) or (ii)
                            as an element of the inspection of the operator
                            carried out by the Secretary.
                                ``(iv) Inadequate programs.--If the
                            Secretary determines that the documents
                            reviewed under clause (i) or (ii) do not comply
                            with the requirements of this chapter
                            (including regulations to implement this
                            chapter), have not been adequately implemented,
                            or are inadequate for the safe operation of a
                            pipeline facility, the Secretary may conduct
                            proceedings under this chapter.''.
        (b) Contents of State Pipeline Safety Program Certifications.--
                (1) In general.--Section 60105(b) of title 49, United
            States Code, is amended--
                        (A) in paragraph (6), by striking ``and'' at the
                    end;
                        (B) in paragraph (7), by striking the period at the
                    end and inserting a semicolon; and
                        (C) by adding at the end the following:
                ``(8) has the capability to sufficiently review and
            evaluate the adequacy of the plans and manuals described in
            section 60109(e)(7)(C)(i); and
                ``(9) has a sufficient number of employees described in
            paragraph (3) to ensure safe operations of pipeline facilities,
            updating the State Inspection Calculation Tool to take into
            account factors including--
                        ``(A) the number of miles of natural gas and
                    hazardous liquid pipelines in the State, including the
                    number of miles of cast iron and bare steel pipelines;
                        ``(B) the number of services in the State;
                        ``(C) the age of the gas distribution system in the
                    State; and
                        ``(D) environmental factors that could impact the
                    integrity of the pipeline, including relevant
                    geological issues.''.
                (2) Rulemaking.--The Secretary shall promulgate regulations
            to require that a State authority with a certification in
            effect under section 60105 of title 49, United States Code, has
            a sufficient number of qualified inspectors to ensure safe
            operations, as determined by the State Inspection Calculation
            Tool and other factors determined to be appropriate by the
            Secretary.
                (3) Deadline.--Not later than 2 years after the date of
            enactment of this Act, the Secretary shall promulgate
            regulations to implement the amendments made by this
            subsection.

    SEC. 203. EMERGENCY RESPONSE PLANS.

        Section 60102 of title 49, United States Code (as amended by
    section 113), is amended by adding at the end the following:
        ``(r) Emergency Response Plans.--Not later than 2 years after the
    date of enactment of this subsection, the Secretary shall update
    regulations to ensure that each emergency response plan developed by an
    operator of a distribution system under subsection (d)(5), includes
    written procedures for--
                ``(1) establishing communication with first responders and
            other relevant public officials, as soon as practicable,
            beginning from the time of confirmed discovery, as determined
            by the Secretary, by the operator of a gas pipeline emergency
            involving a release of gas from a distribution system of that
            operator that results in--
                        ``(A) a fire related to an unintended release of
                    gas;
                        ``(B) an explosion;
                        ``(C) 1 or more fatalities; or
                        ``(D) the unscheduled release of gas and shutdown
                    of gas service to a significant number of customers, as
                    determined by the Secretary;
                ``(2) establishing general public communication through an
            appropriate channel--
                        ``(A) as soon as practicable, as determined by the
                    Secretary, after a gas pipeline emergency described in
                    paragraph (1); and
                        ``(B) that provides information regarding--
                                ``(i) the emergency described in
                            subparagraph (A); and
                                ``(ii) the status of public safety; and
                ``(3) the development and implementation of a voluntary,
            opt-in system that would allow operators of distribution
            systems to rapidly communicate with customers in the event of
            an emergency.''.

    SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.

        Section 60102 of title 49, United States Code (as amended by
    section 203), is amended by adding at the end the following:
        ``(s) Operations and Maintenance Manuals.--Not later than 2 years
    after the date of enactment of this subsection, the Secretary shall
    update regulations to ensure that each procedural manual for
    operations, maintenance, and emergencies developed by an operator of a
    distribution pipeline under subsection (d)(4), includes written
    procedures for--
                ``(1) responding to overpressurization indications,
            including specific actions and an order of operations for
            immediately reducing pressure in or shutting down portions of
            the gas distribution system, if necessary; and
                ``(2) a detailed procedure for the management of the change
            process, which shall--
                        ``(A) be applied to significant technology,
                    equipment, procedural, and organizational changes to
                    the distribution system; and
                        ``(B) ensure that relevant qualified personnel,
                    such as an engineer with a professional engineer
                    licensure, subject matter expert, or other employee who
                    possesses the necessary knowledge, experience, and
                    skills regarding natural gas distribution systems,
                    review and certify construction plans for accuracy,
                    completeness, and correctness.''.

    SEC. 205. PIPELINE SAFETY MANAGEMENT SYSTEMS.

        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Secretary shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committees on
    Transportation and Infrastructure and Energy and Commerce of the House
    of Representatives a report describing--
                (1) the number of operators of natural gas distribution
            systems who have implemented a pipeline safety management
            system in accordance with the standard established by the
            American Petroleum Institute entitled ``Pipeline Safety
            Management System Requirements'' and numbered American
            Petroleum Institute Recommended Practice 1173;
                (2) the progress made by operators of natural gas
            distribution systems who have implemented, or are in the
            process of implementing, a pipeline safety management system
            described in paragraph (1); and
                (3) the feasibility of an operator of a natural gas
            distribution system implementing a pipeline safety management
            system described in paragraph (1) based on the size of the
            operator as measured by--
                        (A) the number of customers the operator has; and
                        (B) the amount of natural gas the operator
                    transports.
        (b) Requirements.--As part of the report required under subsection
    (a), the Secretary shall provide guidance or recommendations that would
    further the adoption of safety management systems in accordance with
    the standard established by the American Petroleum Institute entitled
    ``Pipeline Safety Management System Requirements'' and numbered
    American Petroleum Institute Recommended Practice 1173.
        (c) Evaluation and Promotion of Safety Management Systems.--The
    Secretary and the relevant State authority with a certification in
    effect under section 60105 of title 49, United States Code, as
    applicable, shall--
                (1) promote and assess pipeline safety management systems
            frameworks developed by operators of natural gas distribution
            systems and described in the report under subsection (a),
            including--
                        (A) if necessary, using independent third-party
                    evaluators; and
                        (B) through a system that promotes self-disclosure
                    of--
                                (i) errors; and
                                (ii) deviations from regulatory standards;
                            and
                (2) if a deviation from a regulatory standard is identified
            during the development and application of a pipeline safety
            management system, certify that--
                        (A) due consideration will be given to factors such
                    as flawed procedures, honest mistakes, or lack of
                    understanding; and
                        (B) the operators and regulators use the most
                    appropriate tools to fix the deviation, return to
                    compliance, and prevent the recurrence of the
                    deviation, including--
                                (i) root cause analysis; and
                                (ii) training, education, or other
                            appropriate improvements to procedures or
                            training programs.

    SEC. 206. PIPELINE SAFETY PRACTICES.

        Section 60102 of title 49, United States Code (as amended by
    section 204), is amended by adding at the end the following:
        ``(t) Other Pipeline Safety Practices.--
                ``(1) Records.--Not later than 2 years after the date of
            enactment of this subsection, the Secretary shall promulgate
            regulations to require an operator of a distribution system--
                        ``(A) to identify and manage traceable, reliable,
                    and complete records, including maps and other
                    drawings, critical to ensuring proper pressure controls
                    for a gas distribution system, and updating these
                    records as needed, while collecting and identifying
                    other records necessary for risk analysis on an
                    opportunistic basis; and
                        ``(B) to ensure that the records required under
                    subparagraph (A) are--
                                ``(i) accessible to all personnel
                            responsible for performing or overseeing
                            relevant construction or engineering work; and
                                ``(ii) submitted to, or made available for
                            inspection by, the Secretary or the relevant
                            State authority with a certification in effect
                            under section 60105.
                ``(2) Presence of qualified employees.--
                        ``(A) In general.--Not later than 180 days after
                    the date of enactment of this subsection, the Secretary
                    shall promulgate regulations to require that not less
                    than 1 agent of an operator of a distribution system
                    who is qualified to perform relevant covered tasks, as
                    determined by the Secretary, shall monitor gas pressure
                    at the district regulator station or at an alternative
                    site with equipment capable of ensuring proper pressure
                    controls and have the capability to promptly shut down
                    the flow of gas or control over pressurization at a
                    district regulator station during any construction
                    project that has the potential to cause a hazardous
                    overpressurization at that station, including tie-ins
                    and abandonment of distribution lines and mains, based
                    on an evaluation, conducted by the operator, of threats
                    that could result in unsafe operation.
                        ``(B) Exclusion.--In promulgating regulations under
                    subparagraph (A), the Secretary shall ensure that those
                    regulations do not apply to a district regulating
                    station that has a monitoring system and the capability
                    for remote or automatic shutoff.
                ``(3) District regulator stations.--
                        ``(A) In general.--Not later than 1 year after the
                    date of enactment of this subsection, the Secretary
                    shall promulgate regulations to require that each
                    operator of a distribution system assesses and
                    upgrades, as appropriate, each district regulator
                    station of the operator to ensure that--
                                ``(i) the risk of the gas pressure in the
                            distribution system exceeding, by a common mode
                            of failure, the maximum allowable operating
                            pressure (as described in section 192.623 of
                            title 49, Code of Federal Regulations (or a
                            successor regulation)) allowed under Federal
                            law (including regulations) is minimized;
                                ``(ii) the gas pressure of a low-pressure
                            distribution system is monitored, particularly
                            at or near the location of critical pressure-
                            control equipment;
                                ``(iii) the regulator station has secondary
                            or backup pressure-relieving or overpressure-
                            protection safety technology, such as a relief
                            valve or automatic shutoff valve, or other
                            pressure-limiting devices appropriate for the
                            configuration and siting of the station and, in
                            the case of a regulator station that employs
                            the primary and monitor regulator design, the
                            operator shall eliminate the common mode of
                            failure or provide backup protection capable of
                            either shutting the flow of gas, relieving gas
                            to the atmosphere to fully protect the
                            distribution system from overpressurization
                            events, or there must be technology in place to
                            eliminate a common mode of failure; and
                                ``(iv) if the Secretary determines that it
                            is not operationally possible for an operator
                            to implement the requirements under clause
                            (iii), the Secretary shall require such
                            operator to identify actions in their plan that
                            minimize the risk of an overpressurization
                            event.''.

                   DIVISION S--INNOVATION FOR THE ENVIRONMENT

    SEC. 101. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION PROGRAM.

        Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C.
    16137(a)) is amended by striking ``2016'' and inserting ``2024''.

    SEC. 102. ENCOURAGING PROJECTS TO REDUCE EMISSIONS.

        (a) Short Title.--This section may be cited as the ``Utilizing
    Significant Emissions with Innovative Technologies Act'' or the ``USE
    IT Act''.
        (b) Research, Investigation, Training, and Other Activities.--
    Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended--
                (1) in subsection (c)(3), in the first sentence of the
            matter preceding subparagraph (A), by striking ``percursors''
            and inserting ``precursors''; and
                (2) in subsection (g)--
                        (A) by redesignating paragraphs (1) through (4) as
                    subparagraphs (A) through (D), respectively, and
                    indenting appropriately;
                        (B) in the undesignated matter following
                    subparagraph (D) (as so redesignated)--
                                (i) in the second sentence, by striking
                            ``The Administrator'' and inserting the
                            following:
                ``(5) Coordination and avoidance of duplication.--The
            Administrator''; and
                                (ii) in the first sentence, by striking
                            ``Nothing'' and inserting the following:
                ``(4) Effect of subsection.--Nothing'';
                        (C) in the matter preceding subparagraph (A) (as so
                    redesignated)--
                                (i) in the third sentence, by striking
                            ``Such program'' and inserting the following:
                ``(3) Program inclusions.--The program under this
            subsection'';
                                (ii) in the second sentence--
                                        (I) by inserting ``States,
                                    institutions of higher education,''
                                    after ``scientists,''; and
                                        (II) by striking ``Such strategies
                                    and technologies shall be developed''
                                    and inserting the following:
                ``(2) Participation requirement.--Such strategies and
            technologies described in paragraph (1) shall be developed'';
            and
                                (iii) in the first sentence, by striking
                            ``In carrying out'' and inserting the
                            following:
                ``(1) In general.--In carrying out''; and
                        (D) by adding at the end the following:
                ``(6) Certain carbon dioxide activities.--
                        ``(A) In general.--In carrying out paragraph (3)(A)
                    with respect to carbon dioxide, the Administrator--
                                ``(i) is authorized to carry out the
                            activities described in subparagraph (B); and
                                ``(ii) shall carry out the activities
                            described in subparagraph (C).
                        ``(B) Direct air capture research.--
                                ``(i) Definitions.--In this subparagraph:
                                        ``(I) Board.--The term `Board'
                                    means the Direct Air Capture Technology
                                    Advisory Board established by clause
                                    (iii)(I).
                                        ``(II) Dilute.--The term `dilute'
                                    means a concentration of less than 1
                                    percent by volume.
                                        ``(III) Direct air capture.--
                                                ``(aa) In general.--The
                                            term `direct air capture', with
                                            respect to a facility,
                                            technology, or system, means
                                            that the facility, technology,
                                            or system uses carbon capture
                                            equipment to capture carbon
                                            dioxide directly from the air.
                                                ``(bb) Exclusion.--The term
                                            `direct air capture' does not
                                            include any facility,
                                            technology, or system that
                                            captures carbon dioxide--

                                                        ``(AA) that is
                                                    deliberately released
                                                    from a naturally
                                                    occurring subsurface
                                                    spring; or

                                                        ``(BB) using
                                                    natural photosynthesis.

                                        ``(IV) Intellectual property.--The
                                    term `intellectual property' means--
                                                ``(aa) an invention that is
                                            patentable under title 35,
                                            United States Code; and
                                                ``(bb) any patent on an
                                            invention described in item
                                            (aa).
                                ``(ii) Technology prizes.--
                                        ``(I) In general.--Not later than 1
                                    year after the date of enactment of the
                                    Utilizing Significant Emissions with
                                    Innovative Technologies Act, the
                                    Administrator, in consultation with the
                                    Secretary of Energy, is authorized to
                                    establish a program to provide
                                    financial awards on a competitive basis
                                    for direct air capture from media in
                                    which the concentration of carbon
                                    dioxide is dilute.
                                        ``(II) Duties.--In carrying out
                                    this clause, the Administrator shall--
                                                ``(aa) subject to subclause
                                            (III), develop specific
                                            requirements for--

                                                        ``(AA) the
                                                    competition process;
                                                    and

                                                        ``(BB) the
                                                    demonstration of
                                                    performance of approved
                                                    projects;

                                                ``(bb) offer financial
                                            awards for a project designed--

                                                        ``(AA) to the
                                                    maximum extent
                                                    practicable, to capture
                                                    more than 10,000 tons
                                                    of carbon dioxide per
                                                    year;

                                                        ``(BB) to operate
                                                    in a manner that would
                                                    be commercially viable
                                                    in the foreseeable
                                                    future (as determined
                                                    by the Board); and

                                                        ``(CC) to improve
                                                    the technologies or
                                                    information systems
                                                    that enable monitoring
                                                    and verification
                                                    methods for direct air
                                                    capture projects; and

                                                ``(cc) to the maximum
                                            extent practicable, make
                                            financial awards to
                                            geographically diverse
                                            projects, including at least--

                                                        ``(AA) 1 project in
                                                    a coastal State; and

                                                        ``(BB) 1 project in
                                                    a rural State.

                                        ``(III) Public participation.--In
                                    carrying out subclause (II)(aa), the
                                    Administrator shall--
                                                ``(aa) provide notice of
                                            and, for a period of not less
                                            than 60 days, an opportunity
                                            for public comment on, any
                                            draft or proposed version of
                                            the requirements described in
                                            subclause (II)(aa); and
                                                ``(bb) take into account
                                            public comments received in
                                            developing the final version of
                                            those requirements.
                                ``(iii) Direct air capture technology
                            advisory board.--
                                        ``(I) Establishment.--The
                                    Administrator may establish an advisory
                                    board to be known as the `Direct Air
                                    Capture Technology Advisory Board'.
                                        ``(II) Composition.--The Board, on
                                    the establishment of the Board, shall
                                    be composed of 9 members appointed by
                                    the Administrator, who shall provide
                                    expertise in--
                                                ``(aa) climate science;
                                                ``(bb) physics;
                                                ``(cc) chemistry;
                                                ``(dd) biology;
                                                ``(ee) engineering;
                                                ``(ff) economics;
                                                ``(gg) business management;
                                            and
                                                ``(hh) such other
                                            disciplines as the
                                            Administrator determines to be
                                            necessary to achieve the
                                            purposes of this subparagraph.
                                        ``(III) Term; vacancies.--
                                                ``(aa) Term.--A member of
                                            the Board shall serve for a
                                            term of 6 years.
                                                ``(bb) Vacancies.--A
                                            vacancy on the Board--

                                                        ``(AA) shall not
                                                    affect the powers of
                                                    the Board; and

                                                        ``(BB) shall be
                                                    filled in the same
                                                    manner as the original
                                                    appointment was made.

                                        ``(IV) Initial meeting.--Not later
                                    than 30 days after the date on which
                                    all members of the Board have been
                                    appointed, the Board shall hold the
                                    initial meeting of the Board.
                                        ``(V) Meetings.--The Board shall
                                    meet at the call of the Chairperson or
                                    on the request of the Administrator.
                                        ``(VI) Quorum.--A majority of the
                                    members of the Board shall constitute a
                                    quorum, but a lesser number of members
                                    may hold hearings.
                                        ``(VII) Chairperson and vice
                                    chairperson.--The Board shall select a
                                    Chairperson and Vice Chairperson from
                                    among the members of the Board.
                                        ``(VIII) Compensation.--Each member
                                    of the Board may be compensated at not
                                    to exceed the daily equivalent of the
                                    annual rate of basic pay in effect for
                                    a position at level V of the Executive
                                    Schedule under section 5316 of title 5,
                                    United States Code, for each day during
                                    which the member is engaged in the
                                    actual performance of the duties of the
                                    Board.
                                        ``(IX) Duties.--The Board shall--
                                                ``(aa) advise the
                                            Administrator on carrying out
                                            the duties of the Administrator
                                            under this subparagraph; and
                                                ``(bb) provide other
                                            assistance and advice as
                                            requested by the Administrator.
                                ``(iv) Intellectual property.--
                                        ``(I) In general.--As a condition
                                    of receiving a financial award under
                                    this subparagraph, an applicant shall
                                    agree to vest the intellectual property
                                    of the applicant derived from the
                                    technology in 1 or more entities that
                                    are incorporated in the United States.
                                        ``(II) Reservation of license.--The
                                    United States--
                                                ``(aa) may reserve a
                                            nonexclusive, nontransferable,
                                            irrevocable, paid-up license,
                                            to have practiced for or on
                                            behalf of the United States, in
                                            connection with any
                                            intellectual property described
                                            in subclause (I); but
                                                ``(bb) shall not, in the
                                            exercise of a license reserved
                                            under item (aa), publicly
                                            disclose proprietary
                                            information relating to the
                                            license.
                                        ``(III) Transfer of title.--Title
                                    to any intellectual property described
                                    in subclause (I) shall not be
                                    transferred or passed, except to an
                                    entity that is incorporated in the
                                    United States, until the expiration of
                                    the first patent obtained in connection
                                    with the intellectual property.
                                ``(v) Authorization of appropriations.--
                            There is authorized to be appropriated to carry
                            out this subparagraph $35,000,000, to remain
                            available until expended.
                                ``(vi) Termination of authority.--
                            Notwithstanding section 14 of the Federal
                            Advisory Committee Act (5 U.S.C. App.), the
                            Board and all authority provided under this
                            subparagraph shall terminate not later than 12
                            years after the date of enactment of the
                            Utilizing Significant Emissions with Innovative
                            Technologies Act.
                        ``(C) Deep saline formation report.--
                                ``(i) Definition of deep saline
                            formation.--
                                        ``(I) In general.--In this
                                    subparagraph, the term `deep saline
                                    formation' means a formation of
                                    subsurface geographically extensive
                                    sedimentary rock layers saturated with
                                    waters or brines that have a high total
                                    dissolved solids content and that are
                                    below the depth where carbon dioxide
                                    can exist in the formation as a
                                    supercritical fluid.
                                        ``(II) Clarification.--In this
                                    subparagraph, the term `deep saline
                                    formation' does not include oil and gas
                                    reservoirs.
                                ``(ii) Report.--In consultation with the
                            Secretary of Energy, and, as appropriate, with
                            the head of any other relevant Federal agency
                            and relevant stakeholders, not later than 1
                            year after the date of enactment of the
                            Utilizing Significant Emissions with Innovative
                            Technologies Act, the Administrator shall
                            prepare, submit to Congress, and make publicly
                            available a report that includes--
                                        ``(I) a comprehensive
                                    identification of potential risks and
                                    benefits to project developers
                                    associated with increased storage of
                                    carbon dioxide captured from stationary
                                    sources in deep saline formations,
                                    using existing research;
                                        ``(II) recommendations for managing
                                    the potential risks identified under
                                    subclause (I), including potential
                                    risks unique to public land; and
                                        ``(III) recommendations for Federal
                                    legislation or other policy changes to
                                    mitigate any potential risks identified
                                    under subclause (I).
                        ``(D) GAO report.--Not later than 5 years after the
                    date of enactment of the Utilizing Significant
                    Emissions with Innovative Technologies Act, the
                    Comptroller General of the United States shall submit
                    to Congress a report that--
                                ``(i) identifies all Federal grant programs
                            in which a purpose of a grant under the program
                            is to perform research on carbon capture and
                            utilization technologies, including direct air
                            capture technologies; and
                                ``(ii) examines the extent to which the
                            Federal grant programs identified pursuant to
                            clause (i) overlap or are duplicative.''.
        (c) Carbon Utilization Program.--
                (1) In general.--Subtitle F of title IX of the Energy
            Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by
            inserting after section 968 the following:

    ``SEC. 969. CARBON UTILIZATION PROGRAM.

        ``(a) In General.--The Secretary, in consultation with the
    Administrator of the Environmental Protection Agency, shall carry out a
    program of research, development, demonstration, and commercialization
    relating to carbon utilization.
        ``(b) Activities.--Under the program described in subsection (a),
    the Secretary shall--
                ``(1) assess and monitor--
                        ``(A) potential changes in lifecycle carbon dioxide
                    and other greenhouse gas emissions; and
                        ``(B) other environmental safety indicators of new
                    technologies, practices, processes, or methods used in
                    enhanced hydrocarbon recovery as part of the activities
                    authorized under section 963;
                ``(2) identify and evaluate novel uses for carbon
            (including conversion of carbon oxides) that, on a full
            lifecycle basis, achieve a permanent reduction, or avoidance of
            a net increase, in carbon dioxide in the atmosphere, for use in
            commercial and industrial products such as--
                        ``(A) chemicals;
                        ``(B) plastics;
                        ``(C) building materials;
                        ``(D) fuels;
                        ``(E) cement;
                        ``(F) products of coal utilization in power systems
                    or in other applications; and
                        ``(G) other products with demonstrated market
                    value;
                ``(3) identify and assess carbon capture technologies for
            industrial systems; and
                ``(4) identify and assess alternative uses for coal that
            result in zero net emissions of carbon dioxide or other
            pollutants, including products derived from carbon engineering,
            carbon fiber, and coal conversion methods.
        ``(c) Prioritization.--In supporting demonstration and
    commercialization research under the program described in subsection
    (a), the Secretary shall prioritize consideration of projects that--
                ``(1) have access to a carbon dioxide emissions stream
            generated by a stationary source in the United States that is
            capable of supplying not less than 250 metric tons per day of
            carbon dioxide for research;
                ``(2) have access to equipment for testing small-scale
            carbon dioxide utilization technologies, with onsite access to
            larger test bays for scale-up; and
                ``(3) have 1 or more existing partnerships with a National
            Laboratory, an institution of higher education, a private
            company, or a State or other government entity.
        ``(d) Coordination.--The Secretary shall coordinate the activities
    authorized under this section with the activities authorized in section
    969A as part of a single consolidated program of the Department.
        ``(e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $50,000,000, to
    remain available until expended.''.
                (2) Study.--
                        (A) In general.--The Secretary of Energy, in
                    consultation with the Administrator of the
                    Environmental Protection Agency, shall seek to enter
                    into an agreement with the National Academies of
                    Sciences, Engineering, and Medicine to conduct a study
                    that assesses the barriers and opportunities relating
                    to the commercial application of carbon dioxide in the
                    United States.
                        (B) Contents.--The study under subparagraph (A)
                    shall--
                                (i) analyze the technical feasibility,
                            related challenges, and impacts of--
                                        (I) commercializing carbon dioxide;
                                    and
                                        (II) as part of that
                                    commercialization--
                                                (aa) creating a national
                                            system of carbon dioxide
                                            pipelines and geologic
                                            sequestration sites;
                                                (bb) mitigating
                                            environmental and landowner
                                            impacts; and
                                                (cc) regional economic
                                            challenges and regional
                                            economic opportunities;
                                (ii) identify potential markets,
                            industries, or sectors that may benefit from
                            greater access to commercial carbon dioxide;
                                (iii) assess the current state of
                            infrastructure and any necessary updates to
                            that infrastructure to allow for the
                            integration of safe and reliable carbon dioxide
                            transportation, utilization, and storage;
                                (iv)(I) estimate the economic, climate, and
                            environmental impacts of any well-integrated
                            national carbon dioxide pipeline system; and
                                (II) suggest policies that could improve
                            the economic impact of that system;
                                (v) assess the global status and progress
                            of existing chemical and biological carbon
                            utilization technologies that utilize waste
                            carbon (including carbon dioxide, carbon
                            monoxide, methane, and biogas) from power
                            generation, biofuels production, and other
                            industrial processes relevant to minimizing net
                            greenhouse gas emissions;
                                (vi) identify emerging technologies for and
                            approaches to carbon utilization that show
                            promise for scale-up, demonstration,
                            deployment, and commercialization relevant to
                            minimizing net greenhouse gas emissions;
                                (vii) analyze the factors associated with
                            making carbon utilization technologies relevant
                            to minimizing net greenhouse gas emissions
                            viable at a commercial scale, including carbon
                            waste stream availability, economics, market
                            capacity, and energy and lifecycle
                            requirements;
                                (viii)(I) assess the major technical
                            challenges associated with increasing the
                            commercial viability of carbon reuse
                            technologies; and
                                (II) identify the research and development
                            questions that will address those challenges;
                                (ix)(I) assess current research efforts,
                            including engineering and computational
                            research, that address the challenges described
                            in clause (viii)(I); and
                                (II) identify any gaps in the current
                            research portfolio; and
                                (x) develop a comprehensive research agenda
                            that addresses both long- and short-term
                            research needs and opportunities for carbon
                            capture utilization and storage technologies
                            relevant to minimizing net greenhouse gas
                            emissions.
                (3) Technical amendment.--The table of contents for the
            Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is
            amended by inserting after the item relating to section 968 the
            following:

    ``Sec. 969. Carbon utilization program.''.
        (d) Improvement of Permitting Process for Carbon Dioxide Capture
    and Infrastructure Projects.--
                (1) Inclusion of carbon capture infrastructure projects.--
            Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is
            amended--
                        (A) in subparagraph (A)--
                                (i) in the matter preceding clause (i), by
                            inserting ``carbon capture,'' after
                            ``manufacturing,'';
                                (ii) in clause (i)(III), by striking ``or''
                            at the end;
                                (iii) by redesignating clause (ii) as
                            clause (iii); and
                                (iv) by inserting after clause (i) the
                            following:
                                ``(ii) is covered by a programmatic plan or
                            environmental review developed for the primary
                            purpose of facilitating development of carbon
                            dioxide pipelines; or''; and
                        (B) by adding at the end the following:
                        ``(C) Inclusion.--For purposes of subparagraph (A),
                    construction of infrastructure for carbon capture
                    includes construction of--
                                ``(i) any facility, technology, or system
                            that captures, utilizes, or sequesters carbon
                            dioxide emissions, including projects for
                            direct air capture (as defined in paragraph
                            (6)(B)(i) of section 103(g) of the Clean Air
                            Act (42 U.S.C. 7403(g)); and
                                ``(ii) carbon dioxide pipelines.''.
                (2) Development of carbon capture, utilization, and
            sequestration report, permitting guidance, and regional
            permitting task force.--
                        (A) Definitions.--In this paragraph:
                                (i) Carbon capture, utilization, and
                            sequestration projects.--The term ``carbon
                            capture, utilization, and sequestration
                            projects'' includes projects for direct air
                            capture (as defined in paragraph (6)(B)(i) of
                            section 103(g) of the Clean Air Act (42 U.S.C.
                            7403(g))).
                                (ii) Efficient, orderly, and responsible.--
                            The term ``efficient, orderly, and
                            responsible'' means, with respect to
                            development or the permitting process for
                            carbon capture, utilization, and sequestration
                            projects and carbon dioxide pipelines, a
                            process that promotes environmental, health,
                            and safety protections while maintaining a
                            process that is completed in an expeditious
                            manner.
                        (B) Report.--
                                (i) In general.--Not later than 180 days
                            after the date of enactment of this Act, the
                            Chair of the Council on Environmental Quality
                            (referred to in this section as the ``Chair''),
                            in consultation with the Administrator of the
                            Environmental Protection Agency, the Secretary
                            of Energy, the Secretary of the Interior, the
                            Secretary of Transportation, the Executive
                            Director of the Federal Permitting Improvement
                            Council, and the head of any other relevant
                            Federal agency (as determined by the
                            President), shall prepare a report that--
                                        (I) compiles all existing relevant
                                    Federal permitting and review
                                    information and resources for project
                                    applicants, agencies, and other
                                    stakeholders interested in the
                                    deployment and impact of carbon
                                    capture, utilization, and sequestration
                                    projects and carbon dioxide pipelines,
                                    including--
                                                (aa) the appropriate points
                                            of interaction with Federal
                                            agencies;
                                                (bb) clarification of the
                                            permitting responsibilities and
                                            authorities among Federal
                                            agencies; and
                                                (cc) best practices and
                                            templates for permitting in an
                                            efficient, orderly, and
                                            responsible manner, including
                                            through improved staff capacity
                                            and training at Federal
                                            permitting agencies;
                                        (II) inventories current or
                                    emerging activities that transform
                                    captured carbon dioxide into a product
                                    of commercial value, or as an input to
                                    products of commercial value;
                                        (III) inventories existing
                                    initiatives and recent publications
                                    that analyze or identify priority
                                    carbon dioxide pipelines needed to
                                    enable efficient, orderly, and
                                    responsible development of carbon
                                    capture, utilization, and sequestration
                                    projects at increased scale;
                                        (IV) identifies gaps in the current
                                    Federal regulatory framework for the
                                    deployment of carbon capture,
                                    utilization, and sequestration projects
                                    and carbon dioxide pipelines;
                                        (V) identifies Federal financing
                                    mechanisms available to project
                                    developers; and
                                        (VI) identifies public engagement
                                    opportunities through existing laws,
                                    including under the National
                                    Environmental Policy Act of 1969 (42
                                    U.S.C. 4321 et seq.).
                                (ii) Submission; publication.--The Chair
                            shall--
                                        (I) submit the report under clause
                                    (i) to the Committee on Environment and
                                    Public Works of the Senate and the
                                    Committee on Energy and Commerce, the
                                    Committee on Natural Resources, and the
                                    Committee on Transportation and
                                    Infrastructure of the House of
                                    Representatives; and
                                        (II) as soon as practicable, make
                                    the report publicly available.
                        (C) Guidance.--
                                (i) In general.--After submission of the
                            report under subparagraph (B)(ii), but not
                            later than 1 year after the date of enactment
                            of this Act, the Chair shall submit guidance
                            consistent with that report to all relevant
                            Federal agencies that--
                                        (I) facilitates reviews associated
                                    with the deployment of carbon capture,
                                    utilization, and sequestration projects
                                    and carbon dioxide pipelines; and
                                        (II) supports the efficient,
                                    orderly, and responsible development of
                                    carbon capture, utilization, and
                                    sequestration projects and carbon
                                    dioxide pipelines.
                                (ii) Requirements.--
                                        (I) In general.--The guidance under
                                    clause (i) shall address applicable
                                    requirements under--
                                                (aa) the National
                                            Environmental Policy Act of
                                            1969 (42 U.S.C. 4321 et seq.);
                                                (bb) the Federal Water
                                            Pollution Control Act (33
                                            U.S.C. 1251 et seq.);
                                                (cc) the Clean Air Act (42
                                            U.S.C. 7401 et seq.);
                                                (dd) the Safe Drinking
                                            Water Act (42 U.S.C. 300f et
                                            seq.);
                                                (ee) the Endangered Species
                                            Act of 1973 (16 U.S.C. 1531 et
                                            seq.);
                                                (ff) division A of subtitle
                                            III of title 54, United States
                                            Code (formerly known as the
                                            ``National Historic
                                            Preservation Act'');
                                                (gg) the Migratory Bird
                                            Treaty Act (16 U.S.C. 703 et
                                            seq.);
                                                (hh) the Act of June 8,
                                            1940 (16 U.S.C. 668 et seq.)
                                            (commonly known as the ``Bald
                                            and Golden Eagle Protection
                                            Act'');
                                                (ii) chapter 601 of title
                                            49, United States Code
                                            (including those provisions
                                            formerly cited as the Natural
                                            Gas Pipeline Safety Act of 1968
                                            (Public Law 90-481; 82 Stat.
                                            720) and the Hazardous Liquid
                                            Pipeline Safety Act of 1979
                                            (Public Law 96-129; 93 Stat.
                                            1003)); and
                                                (jj) any other Federal law
                                            that the Chair determines to be
                                            appropriate.
                                        (II) Environmental reviews.--The
                                    guidance under clause (i) shall include
                                    direction to States and other
                                    interested parties for the development
                                    of programmatic environmental reviews
                                    under the National Environmental Policy
                                    Act of 1969 (42 U.S.C. 4321 et seq.)
                                    for carbon capture, utilization, and
                                    sequestration projects and carbon
                                    dioxide pipelines.
                                        (III) Public involvement.--The
                                    guidance under clause (i) shall be
                                    subject to the public notice, comment,
                                    and solicitation of information
                                    procedures under section 1506.6 of
                                    title 40, Code of Federal Regulations
                                    (or a successor regulation).
                                (iii) Submission; publication.--The Chair
                            shall--
                                        (I) submit the guidance under
                                    clause (i) to the Committee on
                                    Environment and Public Works of the
                                    Senate and the Committee on Energy and
                                    Commerce, the Committee on Natural
                                    Resources, and the Committee on
                                    Transportation and Infrastructure of
                                    the House of Representatives; and
                                        (II) as soon as practicable, make
                                    the guidance publicly available.
                                (iv) Evaluation.--The Chair shall--
                                        (I) periodically evaluate the
                                    reports of the task forces under
                                    subparagraph (D)(v) and, as necessary,
                                    revise the guidance under clause (i);
                                    and
                                        (II) each year, submit to the
                                    Committee on Environment and Public
                                    Works of the Senate, the Committee on
                                    Energy and Commerce, the Committee on
                                    Natural Resources, and the Committee on
                                    Transportation and Infrastructure of
                                    the House of Representatives, and
                                    relevant Federal agencies a report that
                                    describes any recommendations for
                                    rules, revisions to rules, or other
                                    policies that would address the issues
                                    identified by the task forces under
                                    subparagraph (D)(v).
                        (D) Task forces.--
                                (i) Establishment.--Not later than 18
                            months after the date of enactment of this Act,
                            the Chair shall establish not less than 2 task
                            forces, which shall each cover a different
                            geographical area with differing demographic,
                            land use, or geological issues--
                                        (I) to identify permitting and
                                    other challenges and successes that
                                    permitting authorities and project
                                    developers and operators face in
                                    permitting projects in an efficient,
                                    orderly, and responsible manner; and
                                        (II) to improve the performance of
                                    the permitting process and regional
                                    coordination for the purpose of
                                    promoting the efficient, orderly, and
                                    responsible development of carbon
                                    capture, utilization, and sequestration
                                    projects and carbon dioxide pipelines.
                                (ii) Members and selection.--
                                        (I) In general.--The Chair shall--
                                                (aa) develop criteria for
                                            the selection of members to
                                            each task force; and
                                                (bb) select members for
                                            each task force in accordance
                                            with item (aa) and subclause
                                            (II).
                                        (II) Members.--Each task force--
                                                (aa) shall include not less
                                            than 1 representative of each
                                            of--

                                                        (AA) the
                                                    Environmental
                                                    Protection Agency;

                                                        (BB) the Department
                                                    of Energy;

                                                        (CC) the Department
                                                    of the Interior;

                                                        (DD) the Pipeline
                                                    and Hazardous Materials
                                                    Safety Administration;

                                                        (EE) any other
                                                    Federal agency the
                                                    Chair determines to be
                                                    appropriate;

                                                        (FF) any State that
                                                    requests participation
                                                    in the geographical
                                                    area covered by the
                                                    task force;

                                                        (GG) developers or
                                                    operators of carbon
                                                    capture, utilization,
                                                    and sequestration
                                                    projects or carbon
                                                    dioxide pipelines; and

                                                        (HH)
                                                    nongovernmental
                                                    membership
                                                    organizations, the
                                                    primary mission of
                                                    which concerns
                                                    protection of the
                                                    environment;

                                                (bb) at the request of a
                                            Tribal or local government, may
                                            include a representative of--

                                                        (AA) not less than
                                                    1 local government in
                                                    the geographical area
                                                    covered by the task
                                                    force; and

                                                        (BB) not less than
                                                    1 Tribal government in
                                                    the geographical area
                                                    covered by the task
                                                    force; and

                                                (cc) shall include 1 expert
                                            in each of the following
                                            fields--

                                                        (AA) health and
                                                    environmental effects,
                                                    including exposure
                                                    evaluation; and

                                                        (BB) pipeline
                                                    safety.

                                (iii) Meetings.--
                                        (I) In general.--Each task force
                                    shall meet not less than twice each
                                    year.
                                        (II) Joint meeting.--To the maximum
                                    extent practicable, the task forces
                                    shall meet collectively not less than
                                    once each year.
                                (iv) Duties.--Each task force shall--
                                        (I) inventory existing or potential
                                    Federal and State approaches to
                                    facilitate reviews associated with the
                                    deployment of carbon capture,
                                    utilization, and sequestration projects
                                    and carbon dioxide pipelines, including
                                    best practices that--
                                                (aa) avoid duplicative
                                            reviews to the extent permitted
                                            by law;
                                                (bb) engage stakeholders
                                            early in the permitting
                                            process; and
                                                (cc) make the permitting
                                            process efficient, orderly, and
                                            responsible;
                                        (II) develop common models for
                                    State-level carbon dioxide pipeline
                                    regulation and oversight guidelines
                                    that can be shared with States in the
                                    geographical area covered by the task
                                    force;
                                        (III) provide technical assistance
                                    to States in the geographical area
                                    covered by the task force in
                                    implementing regulatory requirements
                                    and any models developed under
                                    subclause (II);
                                        (IV) inventory current or emerging
                                    activities that transform captured
                                    carbon dioxide into a product of
                                    commercial value, or as an input to
                                    products of commercial value;
                                        (V) identify any priority carbon
                                    dioxide pipelines needed to enable
                                    efficient, orderly, and responsible
                                    development of carbon capture,
                                    utilization, and sequestration projects
                                    at increased scale;
                                        (VI) identify gaps in the current
                                    Federal and State regulatory framework
                                    and in existing data for the deployment
                                    of carbon capture, utilization, and
                                    sequestration projects and carbon
                                    dioxide pipelines;
                                        (VII) identify Federal and State
                                    financing mechanisms available to
                                    project developers; and
                                        (VIII) develop recommendations for
                                    relevant Federal agencies on how to
                                    develop and research technologies
                                    that--
                                                (aa) can capture carbon
                                            dioxide; and
                                                (bb) would be able to be
                                            deployed within the region
                                            covered by the task force,
                                            including any projects that
                                            have received technical or
                                            financial assistance for
                                            research under paragraph (6) of
                                            section 103(g) of the Clean Air
                                            Act (42 U.S.C. 7403(g)).
                                (v) Report.--Each year, each task force
                            shall prepare and submit to the Chair and to
                            the other task forces a report that includes--
                                        (I) any recommendations for
                                    improvements in efficient, orderly, and
                                    responsible issuance or administration
                                    of Federal permits and other Federal
                                    authorizations required under a law
                                    described in subparagraph (C)(ii)(I);
                                    and
                                        (II) any other nationally relevant
                                    information that the task force has
                                    collected in carrying out the duties
                                    under clause (iv).
                                (vi) Evaluation.--Not later than 5 years
                            after the date of enactment of this Act, the
                            Chair shall--
                                        (I) reevaluate the need for the
                                    task forces; and
                                        (II) submit to Congress a
                                    recommendation as to whether the task
                                    forces should continue.

    SEC. 103. AMERICAN INNOVATION AND MANUFACTURING.

        (a) Short Title.--This section may be cited as the ``American
    Innovation and Manufacturing Act of 2020''.
        (b) Definitions.--In this section:
                (1) Administrator.--The term ``Administrator'' means the
            Administrator of the Environmental Protection Agency.
                (2) Allowance.--The term ``allowance'' means a limited
            authorization for the production or consumption of a regulated
            substance established under subsection (e).
                (3) Consumption.--The term ``consumption'', with respect to
            a regulated substance, means a quantity equal to the difference
            between--
                        (A) a quantity equal to the sum of--
                                (i) the quantity of that regulated
                            substance produced in the United States; and
                                (ii) the quantity of the regulated
                            substance imported into the United States; and
                        (B) the quantity of the regulated substance
                    exported from the United States.
                (4) Consumption baseline.--The term ``consumption
            baseline'' means the baseline established for the consumption
            of regulated substances under subsection (e)(1)(C).
                (5) Exchange value.--The term ``exchange value'' means the
            value assigned to a regulated substance in accordance with
            subsections (c) and (e), as applicable.
                (6) Import.--The term ``import'' means to land on, bring
            into, or introduce into, or attempt to land on, bring into, or
            introduce into, any place subject to the jurisdiction of the
            United States, regardless of whether that landing, bringing, or
            introduction constitutes an importation within the meaning of
            the customs laws of the United States.
                (7) Produce.--
                        (A) In general.--The term ``produce'' means the
                    manufacture of a regulated substance from a raw
                    material or feedstock chemical (but not including the
                    destruction of a regulated substance by a technology
                    approved by the Administrator).
                        (B) Exclusions.--The term ``produce'' does not
                    include--
                                (i) the manufacture of a regulated
                            substance that is used and entirely consumed
                            (except for trace quantities) in the
                            manufacture of another chemical; or
                                (ii) the reclamation, reuse, or recycling
                            of a regulated substance.
                (8) Production baseline.--The term ``production baseline''
            means the baseline established for the production of regulated
            substances under subsection (e)(1)(B).
                (9) Reclaim; reclamation.--The terms ``reclaim'' and
            ``reclamation'' mean--
                        (A) the reprocessing of a recovered regulated
                    substance to at least the purity described in standard
                    700-2016 of the Air-Conditioning, Heating, and
                    Refrigeration Institute (or an appropriate successor
                    standard adopted by the Administrator); and
                        (B) the verification of the purity of that
                    regulated substance using, at a minimum, the analytical
                    methodology described in the standard referred to in
                    subparagraph (A).
                (10) Recover.--The term ``recover'' means the process by
            which a regulated substance is--
                        (A) removed, in any condition, from equipment; and
                        (B) stored in an external container, with or
                    without testing or processing the regulated substance.
                (11) Regulated substance.--The term ``regulated substance''
            means--
                        (A) a substance listed in the table contained in
                    subsection (c)(1); and
                        (B) a substance included as a regulated substance
                    by the Administrator under subsection (c)(3).
        (c) Listing of Regulated Substances.--
                (1) List of regulated substances.--Each of the following
            substances, and any isomers of such a substance, shall be a
            regulated substance:

    ----------------------------------------------------------------------------------------------------------------
                                                                                                           Exchange
                           Chemical Name                                      Common Name                   Value
    ----------------------------------------------------------------------------------------------------------------
    CHF2CHF2                                                    HFC-134                                         1100
    ----------------------------------------------------------------------------------------------------------------
    CH2FCF3                                                      HFC-134a                                       1430
    ----------------------------------------------------------------------------------------------------------------
    CH2FCHF2                                                    HFC-143                                          353
    ----------------------------------------------------------------------------------------------------------------
    CHF2CH2CF3                                                  HFC-245fa                                       1030
    ----------------------------------------------------------------------------------------------------------------
    CF3CH2CF2CH3                                                HFC-365mfc                                       794
    ----------------------------------------------------------------------------------------------------------------
    CF3CHFCF3                                                   HFC-227ea                                       3220
    ----------------------------------------------------------------------------------------------------------------
    CH2FCF2CF3                                                  HFC-236cb                                       1340
    ----------------------------------------------------------------------------------------------------------------
    CHF2CHFCF3                                                  HFC-236ea                                       1370
    ----------------------------------------------------------------------------------------------------------------
    CF3CH2CF3                                                   HFC-236fa                                       9810
    ----------------------------------------------------------------------------------------------------------------
    CH2FCF2CHF2                                                 HFC-245ca                                        693
    ----------------------------------------------------------------------------------------------------------------
    CF3CHFCHFCF2CF3                                             HFC-43-10mee                                    1640
    ----------------------------------------------------------------------------------------------------------------
    CH2F2                                                       HFC-32                                           675
    ----------------------------------------------------------------------------------------------------------------
    CHF2CF3                                                     HFC-125                                         3500
    ----------------------------------------------------------------------------------------------------------------
    CH3CF3                                                      HFC-143a                                        4470
    ----------------------------------------------------------------------------------------------------------------
    CH3F                                                        HFC-41                                            92
    ----------------------------------------------------------------------------------------------------------------
    CH2FCH2F                                                    HFC-152                                           53
    ----------------------------------------------------------------------------------------------------------------
    CH3CHF2                                                     HFC-152a                                         124
    ----------------------------------------------------------------------------------------------------------------
    CHF3                                                        HFC-23                                        14800.
    ----------------------------------------------------------------------------------------------------------------

                (2) Review.--The Administrator may--
                        (A) review the exchange values listed in the table
                    contained in paragraph (1) on a periodic basis; and
                        (B) subject to notice and opportunity for public
                    comment, adjust the exchange values solely on the basis
                    of--
                                (i) the best available science; and
                                (ii) other information consistent with
                            widely used or commonly accepted existing
                            exchange values.
                (3) Other regulated substances.--
                        (A) In general.--Subject to notice and opportunity
                    for public comment, the Administrator may designate a
                    substance not included in the table contained in
                    paragraph (1) as a regulated substance if--
                                (i) the substance--
                                        (I) is a chemical substance that is
                                    a saturated hydrofluorocarbon; and
                                        (II) has an exchange value, as
                                    determined by the Administrator in
                                    accordance with the basis described in
                                    paragraph (2)(B), of greater than 53;
                                    and
                                (ii) the designation of the substance as a
                            regulated substance would be consistent with
                            the purposes of this section.
                        (B) Savings provision.--
                                (i) In general.--Nothing in this paragraph
                            authorizes the Administrator to designate as a
                            regulated substance a blend of substances that
                            includes a saturated hydrofluorocarbon for
                            purposes of phasing down production or
                            consumption of regulated substances under
                            subsection (e), even if the saturated
                            hydrofluorocarbon is, or may be, designated as
                            a regulated substance.
                                (ii) Authority of administrator.--Clause
                            (i) does not affect the authority of the
                            Administrator to regulate under this Act a
                            regulated substance within a blend of
                            substances.
        (d) Monitoring and Reporting Requirements.--
                (1) Production, import, and export level reports.--
                        (A) In general.--On a periodic basis, to be
                    determined by the Administrator, but not less
                    frequently than annually, each person who, within the
                    applicable reporting period, produces, imports,
                    exports, destroys, transforms, uses as a process agent,
                    or reclaims a regulated substance shall submit to the
                    Administrator a report that describes, as applicable,
                    the quantity of the regulated substance that the
                    person--
                                (i) produced, imported, and exported;
                                (ii) reclaimed;
                                (iii) destroyed by a technology approved by
                            the Administrator;
                                (iv) used and entirely consumed (except for
                            trace quantities) in the manufacture of another
                            chemical; or
                                (v) used as a process agent.
                        (B) Requirements.--
                                (i) Signed and attested.--The report under
                            subparagraph (A) shall be signed and attested
                            by a responsible officer (within the meaning of
                            the Clean Air Act (42 U.S.C. 7401 et seq.)).
                                (ii) No further reports required.--A report
                            under subparagraph (A) shall not be required
                            from a person if the person--
                                        (I) permanently ceases production,
                                    importation, exportation, destruction,
                                    transformation, use as a process agent,
                                    or reclamation of all regulated
                                    substances; and
                                        (II) notifies the Administrator in
                                    writing that the requirement under
                                    subclause (I) has been met.
                                (iii) Baseline period.--Each report under
                            subparagraph (A) shall include, as applicable,
                            the information described in that subparagraph
                            for the baseline period of calendar years 2011
                            through 2013.
                (2) Coordination.--The Administrator may allow any person
            subject to the requirements of paragraph (1)(A) to combine and
            include the information required to be reported under that
            paragraph with any other related information that the person is
            required to report to the Administrator.
        (e) Phase-down of Production and Consumption of Regulated
    Substances.--
                (1) Baselines.--
                        (A) In general.--Subject to subparagraph (D), the
                    Administrator shall establish for the phase-down of
                    regulated substances--
                                (i) a production baseline for the
                            production of all regulated substances in the
                            United States, as described in subparagraph
                            (B); and
                                (ii) a consumption baseline for the
                            consumption of all regulated substances in the
                            United States, as described in subparagraph
                            (C).
                        (B) Production baseline described.--The production
                    baseline referred to in subparagraph (A)(i) is the
                    quantity equal to the sum of--
                                (i) the average annual quantity of all
                            regulated substances produced in the United
                            States during the period--
                                        (I) beginning on January 1, 2011;
                                    and
                                        (II) ending on December 31, 2013;
                                    and
                                (ii) the quantity equal to the sum of--
                                        (I) 15 percent of the production
                                    level of hydrochlorofluorocarbons in
                                    calendar year 1989; and
                                        (II) 0.42 percent of the production
                                    level of chlorofluorocarbons in
                                    calendar year 1989.
                        (C) Consumption baseline described.--The
                    consumption baseline referred to in subparagraph
                    (A)(ii) is the quantity equal to the sum of--
                                (i) the average annual quantity of all
                            regulated substances consumed in the United
                            States during the period--
                                        (I) beginning on January 1, 2011;
                                    and
                                        (II) ending on December 31, 2013;
                                    and
                                (ii) the quantity equal to the sum of--
                                        (I) 15 percent of the consumption
                                    level of hydrochlorofluorocarbons in
                                    calendar year 1989; and
                                        (II) 0.42 percent of the
                                    consumption level of
                                    chlorofluorocarbons in calendar year
                                    1989.
                        (D) Exchange values.--
                                (i) In general.--For purposes of
                            establishing the baselines pursuant to
                            subparagraphs (B) and (C), the Administrator
                            shall use the exchange values listed in the
                            table contained in subsection (c)(1) for
                            regulated substances and the following exchange
                            values for hydrochlorofluorocarbons and
                            chlorofluorocarbons:

    ----------------------------------------------------------------------------------------------------------------
                                                         Table 2
    -----------------------------------------------------------------------------------------------------------------
                                                                                                           Exchange
                           Chemical Name                                      Common Name                   Value
    ----------------------------------------------------------------------------------------------------------------
    CHFC12                                                      HCFC-21                                          151
    ----------------------------------------------------------------------------------------------------------------
    CHF2C1                                                       HCFC-22                                        1810
    ----------------------------------------------------------------------------------------------------------------
    C2HF3C12                                                    HCFC-123                                          77
    ----------------------------------------------------------------------------------------------------------------
    C2HF4C1                                                     HCFC-124                                         609
    ----------------------------------------------------------------------------------------------------------------
    CH3CFC12                                                    HCFC-141b                                        725
    ----------------------------------------------------------------------------------------------------------------
    CH3CF2C1                                                    HCFC-142b                                       2310
    ----------------------------------------------------------------------------------------------------------------
    CF3CF2CHC12                                                 HCFC-225ca                                       122
    ----------------------------------------------------------------------------------------------------------------
    CF2C1CF2CHC1F                                               HCFC-225cb                                       595
    ----------------------------------------------------------------------------------------------------------------

    ----------------------------------------------------------------------------------------------------------------
                                                         Table 3
    -----------------------------------------------------------------------------------------------------------------
                                                                                                           Exchange
                           Chemical Name                                      Common Name                   Value
    ----------------------------------------------------------------------------------------------------------------
    CFC13                                                       CFC-11                                          4750
    ----------------------------------------------------------------------------------------------------------------
    CF2C12                                                      CFC-12                                         10900
    ----------------------------------------------------------------------------------------------------------------
    C2F3C13                                                     CFC-113                                         6130
    ----------------------------------------------------------------------------------------------------------------
    C2F4C12                                                     CFC-114                                        10000
    ----------------------------------------------------------------------------------------------------------------
    C2F5C1                                                      CFC-115                                         7370
    ----------------------------------------------------------------------------------------------------------------

                                (ii) Review.--The Administrator may--
                                        (I) review the exchange values
                                    listed in the tables contained in
                                    clause (i) on a periodic basis; and
                                        (II) subject to notice and
                                    opportunity for public comment, adjust
                                    the exchange values solely on the basis
                                    of--
                                                (aa) the best available
                                            science; and
                                                (bb) other information
                                            consistent with widely used or
                                            commonly accepted existing
                                            exchange values.
                (2) Production and consumption phase-down.--
                        (A) In general.--During the period beginning on
                    January 1 of each year listed in the table contained in
                    subparagraph (C) and ending on December 31 of the year
                    before the next year listed on that table, except as
                    otherwise permitted under this section, no person
                    shall--
                                (i) produce a quantity of a regulated
                            substance without a corresponding quantity of
                            production allowances, except as provided in
                            paragraph (5);
                                (ii) consume a quantity of a regulated
                            substance without a corresponding quantity of
                            consumption allowances; or
                                (iii) hold, use, or transfer any production
                            allowance or consumption allowance allocated
                            under this section except in accordance with
                            regulations promulgated by the Administrator
                            pursuant to subsection (g).
                        (B) Compliance.--For each year listed on the table
                    contained in subparagraph (C), the Administrator shall
                    ensure that the annual quantity of all regulated
                    substances produced or consumed in the United States
                    does not exceed the product obtained by multiplying--
                                (i) the production baseline or consumption
                            baseline, as applicable; and
                                (ii) the applicable percentage listed on
                            the table contained in subparagraph (C).
                        (C) Relation to baseline.--On January 1 of each
                    year listed in the following table, the Administrator
                    shall apply the applicable percentage, as described in
                    subparagraph (A):

    ----------------------------------------------------------------------------------------------------------------
                                                         Percentage of Production        Percentage of Consumption
                          Date                                   Baseline                        Baseline
    ----------------------------------------------------------------------------------------------------------------
    2020-2023                                         90 percent                      90 percent
    ----------------------------------------------------------------------------------------------------------------
    2024-2028                                         60 percent                      60 percent
    ----------------------------------------------------------------------------------------------------------------
    2029-2033                                         30 percent                      30 percent
    ----------------------------------------------------------------------------------------------------------------
    2034-2035                                         20 percent                      20 percent
    ----------------------------------------------------------------------------------------------------------------
    2036 and thereafter                               15 percent                      15 percent
    ----------------------------------------------------------------------------------------------------------------

                        (D) Allowances.--
                                (i) Quantity.--Not later than October 1 of
                            each calendar year, the Administrator shall use
                            the quantity calculated under subparagraph (B)
                            to determine the quantity of allowances for the
                            production and consumption of regulated
                            substances that may be used for the following
                            calendar year.
                                (ii) Nature of allowances.--
                                        (I) In general.--An allowance
                                    allocated under this section--
                                                (aa) does not constitute a
                                            property right; and
                                                (bb) is a limited
                                            authorization for the
                                            production or consumption of a
                                            regulated substance under this
                                            section.
                                        (II) Savings provision.--Nothing in
                                    this section or in any other provision
                                    of law limits the authority of the
                                    United States to terminate or limit an
                                    authorization described in subclause
                                    (I)(bb).
                (3) Regulations regarding production and consumption of
            regulated substances.--Not later than 270 days after the date
            of enactment of this Act, which shall include a period of
            notice and opportunity for public comment, the Administrator
            shall issue a final rule--
                        (A) phasing down the production of regulated
                    substances in the United States through an allowance
                    allocation and trading program in accordance with this
                    section; and
                        (B) phasing down the consumption of regulated
                    substances in the United States through an allowance
                    allocation and trading program in accordance with the
                    schedule under paragraph (2)(C) (subject to the same
                    exceptions and other requirements as are applicable to
                    the phase-down of production of regulated substances
                    under this section).
                (4) Exceptions; essential uses.--
                        (A) Feedstocks and process agents.--Except for the
                    reporting requirements described in subsection (d)(1),
                    this section does not apply to--
                                (i) a regulated substance that is used and
                            entirely consumed (except for trace quantities)
                            in the manufacture of another chemical; or
                                (ii) a regulated substance that is used and
                            not entirely consumed in the manufacture of
                            another chemical, if the remaining amounts of
                            the regulated substance are subsequently
                            destroyed.
                        (B) Essential uses.--
                                (i) In general.--Beginning on the date of
                            enactment of this Act and subject to paragraphs
                            (2) and (3) and clauses (ii) and (iii), the
                            Administrator may, by rule, after considering
                            technical achievability, commercial demands,
                            affordability for residential and small
                            business consumers, safety, and other relevant
                            factors, including overall economic costs and
                            environmental impacts compared to historical
                            trends, allocate a quantity of allowances for a
                            period of not more than 5 years for the
                            production and consumption of a regulated
                            substance exclusively for the use of the
                            regulated substance in an application, if--
                                        (I) no safe or technically
                                    achievable substitute will be available
                                    during the applicable period for that
                                    application; and
                                        (II) the supply of the regulated
                                    substance that manufacturers or users
                                    of the regulated substance for that
                                    application are capable of securing
                                    from chemical manufacturers, as
                                    authorized under paragraph (2)(A),
                                    including any quantities of a regulated
                                    substance available from production or
                                    import, is insufficient to accommodate
                                    the application.
                                (ii) Petition.--If the Administrator
                            receives a petition requesting the designation
                            of an application as an essential use under
                            clause (i), the Administrator shall--
                                        (I) not later than 180 days after
                                    the date on which the Administrator
                                    receives the petition--
                                                (aa) make the complete
                                            petition available to the
                                            public; and
                                                (bb) when making the
                                            petition available to the
                                            public under item (aa), propose
                                            and seek public comment on--

                                                        (AA) a
                                                    determination of
                                                    whether to designate
                                                    the application as an
                                                    essential use; and

                                                        (BB) if the
                                                    Administrator proposes
                                                    to designate the
                                                    application as an
                                                    essential use, making
                                                    the requisite
                                                    allocation of
                                                    allowances; and

                                        (II) not later than 270 days after
                                    the date on which the Administrator
                                    receives the petition, take final
                                    action on the petition.
                                (iii) Limitation.--A person receiving an
                            allocation under clause (i) or (iv) or as a
                            result of a petition granted under clause (ii)
                            may not produce or consume a produced quantity
                            of regulated substances that, considering the
                            respective exchange values of the regulated
                            substances, exceeds the number of allowances
                            issued under paragraphs (2) and (3) that are
                            held by that person.
                                (iv) Mandatory allocations.--
                                        (I) In general.--Notwithstanding
                                    clause (i) and subject to clause (iii)
                                    and paragraphs (2) and (3), for the 5-
                                    year period beginning on the date of
                                    enactment of this Act, the
                                    Administrator shall allocate the full
                                    quantity of allowances necessary, based
                                    on projected, current, and historical
                                    trends, for the production or
                                    consumption of a regulated substance
                                    for the exclusive use of the regulated
                                    substance in an application solely
                                    for--
                                                (aa) a propellant in
                                            metered-dose inhalers;
                                                (bb) defense sprays;
                                                (cc) structural composite
                                            preformed polyurethane foam for
                                            marine use and trailer use;
                                                (dd) the etching of
                                            semiconductor material or
                                            wafers and the cleaning of
                                            chemical vapor deposition
                                            chambers within the
                                            semiconductor manufacturing
                                            sector;
                                                (ee) mission-critical
                                            military end uses, such as
                                            armored vehicle engine and
                                            shipboard fire suppression
                                            systems and systems used in
                                            deployable and expeditionary
                                            applications; and
                                                (ff) onboard aerospace fire
                                            suppression.
                                        (II) Requirement.--The allocation
                                    of allowances under subclause (I) shall
                                    be determined through a rulemaking.
                                (v) Review.--
                                        (I) In general.--For each essential
                                    use application receiving an allocation
                                    of allowances under clause (i) or (iv),
                                    the Administrator shall review the
                                    availability of substitutes, including
                                    any quantities of the regulated
                                    substance available from reclaiming or
                                    prior production, not less frequently
                                    than once every 5 years.
                                        (II) Extension.--If, pursuant to a
                                    review under subclause (I), the
                                    Administrator determines, subject to
                                    notice and opportunity for public
                                    comment, that the requirements
                                    described in subclauses (I) and (II) of
                                    clause (i) are met, the Administrator
                                    shall authorize the production or
                                    consumption, as applicable, of any
                                    regulated substance used in the
                                    application for renewable periods of
                                    not more than 5 years for exclusive use
                                    in the application.
                (5) Domestic manufacturing.--Notwithstanding paragraph
            (2)(A)(i), the Administrator may, by rule, authorize a person
            to produce a regulated substance in excess of the number of
            production allowances held by that person, subject to the
            conditions that--
                        (A) the authorization is--
                                (i) for a renewable period of not more than
                            5 years; and
                                (ii) subject to notice and opportunity for
                            public comment; and
                        (B) the production--
                                (i) is at a facility located in the United
                            States;
                                (ii) is solely for export to, and use in, a
                            foreign country that is not subject to the
                            prohibition in subsection (j)(1); and
                                (iii) would not violate paragraph (2)(B).
        (f) Accelerated Schedule.--
                (1) In general.--Subject to paragraph (4), the
            Administrator may, only in response to a petition submitted to
            the Administrator in accordance with paragraph (3) and after
            notice and opportunity for public comment, promulgate
            regulations that establish a schedule for phasing down the
            production or consumption of regulated substances that is more
            stringent than the production and consumption levels of
            regulated substances required under subsection (e)(2)(C).
                (2) Requirements.--Any regulations promulgated under this
            subsection--
                        (A) shall--
                                (i) apply uniformly to the allocation of
                            production and consumption allowances for
                            regulated substances, in accordance with
                            subsection (e)(3);
                                (ii) ensure that there will be sufficient
                            quantities of regulated substances, including
                            substances available from reclaiming, prior
                            production, or prior import, to meet the needs
                            for--
                                        (I) applications that receive an
                                    allocation under clause (i) of
                                    subsection (e)(4)(B); and
                                        (II) all applications that receive
                                    a mandatory allocation under items (aa)
                                    through (ff) of clause (iv)(I) of that
                                    subsection; and
                                (iii) foster continued reclamation of and
                            transition from regulated substances; and
                        (B) shall not set the level of production
                    allowances or consumption allowances below the
                    percentage of the consumption baseline that is actually
                    consumed during the calendar year prior to the year
                    during which the Administrator makes a final
                    determination with respect to the applicable proposal
                    described in paragraph (3)(C)(iii)(I).
                (3) Petition.--
                        (A) In general.--A person may petition the
                    Administrator to promulgate regulations for an
                    accelerated schedule for the phase-down of production
                    or consumption of regulated substances under paragraph
                    (1).
                        (B) Requirement.--A petition submitted under
                    subparagraph (A) shall--
                                (i) be made at such time, in such manner,
                            and containing such information as the
                            Administrator shall require; and
                                (ii) include a showing by the petitioner
                            that there are data to support the petition.
                        (C) Timelines.--
                                (i) In general.--If the Administrator
                            receives a petition under subparagraph (A), the
                            Administrator shall--
                                        (I) not later than 180 days after
                                    the date on which the Administrator
                                    receives the petition--
                                                (aa) make the complete
                                            petition available to the
                                            public; and
                                                (bb) when making the
                                            petition available to the
                                            public under item (aa), propose
                                            and seek public comment on the
                                            proposal of the Administrator
                                            to grant or deny the petition;
                                            and
                                        (II) not later than 270 days after
                                    the date on which the Administrator
                                    receives the petition, take final
                                    action on the petition.
                                (ii) Factors for determination.--In making
                            a determination to grant or deny a petition
                            submitted under subparagraph (A), the
                            Administrator shall, to the extent practicable,
                            factor in--
                                        (I) the best available data;
                                        (II) the availability of
                                    substitutes for uses of the regulated
                                    substance that is the subject of the
                                    petition, taking into account
                                    technological achievability, commercial
                                    demands, affordability for residential
                                    and small business consumers, safety,
                                    consumer costs, building codes,
                                    appliance efficiency standards,
                                    contractor training costs, and other
                                    relevant factors, including the
                                    quantities of regulated substances
                                    available from reclaiming, prior
                                    production, or prior import;
                                        (III) overall economic costs and
                                    environmental impacts, as compared to
                                    historical trends; and
                                        (IV) the remaining phase-down
                                    period for regulated substances under
                                    the final rule issued under subsection
                                    (e)(3), if applicable.
                                (iii) Regulations.--After receiving public
                            comment with respect to the proposal under
                            clause (i)(I)(bb), if the Administrator makes a
                            final determination to grant a petition under
                            subparagraph (A), the final regulations with
                            respect to the petition shall--
                                        (I) be promulgated by not later
                                    than 1 year after the date on which the
                                    Administrator makes the proposal to
                                    grant the petition under that clause;
                                    and
                                        (II) meet the requirements of
                                    paragraph (2).
                        (D) Publication.--When the Administrator makes a
                    final determination to grant or deny a petition under
                    subparagraph (A), the Administrator shall publish a
                    description of the reasons for that grant or denial,
                    including a description of the information considered
                    under subclauses (I) through (IV) of subparagraph
                    (C)(ii).
                        (E) Insufficient information.--If the Administrator
                    determines that the data included under subparagraph
                    (B)(ii) in a petition are not sufficient to make a
                    determination under this paragraph, the Administrator
                    shall use any authority available to the Administrator
                    to acquire the necessary data.
                (4) Date of effectiveness.--The Administrator may not
            promulgate under paragraph (1) a regulation for the production
            or consumption of regulated substances that is more stringent
            than the production or consumption levels required under
            subsection (e)(2)(C) that takes effect before January 1, 2025.
                (5) Review.--
                        (A) In general.--The Administrator shall review the
                    availability of substitutes for regulated substances
                    subject to an accelerated schedule established under
                    paragraph (1) in each sector and subsector in which the
                    regulated substance is used, taking into account
                    technological achievability, commercial demands,
                    safety, and other relevant factors, including the
                    quantities of regulated substances available from
                    reclaiming, prior production, or prior import, by
                    January 1, 2026 (for the first review), by January 1,
                    2031 (for the second review), and at least once every 5
                    years thereafter.
                        (B) Public availability.--The Administrator shall
                    make the results of a review conducted under
                    subparagraph (A) publicly available.
                (6) Savings provision.--Nothing in this subsection
            authorizes the Administrator to promulgate regulations pursuant
            to this subsection that establish a schedule for phasing down
            the production or consumption of regulated substances that is
            less stringent than the production and consumption levels of
            regulated substances required under subsection (e)(2)(C).
        (g) Exchange Authority.--
                (1) Transfers.--Not later than 270 days after the date of
            enactment of this Act, which shall include a period of notice
            and opportunity for public comment, the Administrator shall
            promulgate a final regulation that governs the transfer of
            allowances for the production of regulated substances under
            subsection (e)(3)(A) that uses--
                        (A) the applicable exchange values described in the
                    table contained in subsection (c)(1); or
                        (B) the exchange value described in the rule
                    designating the substance as a regulated substance
                    under subsection (c)(3).
                (2) Requirements.--The final rule promulgated pursuant to
            paragraph (1) shall--
                        (A) ensure that the transfers under this subsection
                    will result in greater total reductions in the
                    production of regulated substances in each year than
                    would occur during the year in the absence of the
                    transfers;
                        (B) permit 2 or more persons to transfer production
                    allowances if the transferor of the allowances will be
                    subject, under the final rule, to an enforceable and
                    quantifiable reduction in annual production that--
                                (i) exceeds the reduction otherwise
                            applicable to the transferor under this
                            section;
                                (ii) exceeds the quantity of production
                            represented by the production allowances
                            transferred to the transferee; and
                                (iii) would not have occurred in the
                            absence of the transaction; and
                        (C) provide for the trading of consumption
                    allowances in the same manner as is applicable under
                    this subsection to the trading of production
                    allowances.
        (h) Management of Regulated Substances.--
                (1) In general.--For purposes of maximizing reclaiming and
            minimizing the release of a regulated substance from equipment
            and ensuring the safety of technicians and consumers, the
            Administrator shall promulgate regulations to control, where
            appropriate, any practice, process, or activity regarding the
            servicing, repair, disposal, or installation of equipment
            (including requiring, where appropriate, that any such
            servicing, repair, disposal, or installation be performed by a
            trained technician meeting minimum standards, as determined by
            the Administrator) that involves--
                        (A) a regulated substance;
                        (B) a substitute for a regulated substance;
                        (C) the reclaiming of a regulated substance used as
                    a refrigerant; or
                        (D) the reclaiming of a substitute for a regulated
                    substance used as a refrigerant.
                (2) Reclaiming.--
                        (A) In general.--In carrying out this section, the
                    Administrator shall consider the use of authority
                    available to the Administrator under this section to
                    increase opportunities for the reclaiming of regulated
                    substances used as refrigerants.
                        (B) Recovery.--A regulated substance used as a
                    refrigerant that is recovered shall be reclaimed before
                    the regulated substance is sold or transferred to a new
                    owner, except where the recovered regulated substance
                    is sold or transferred to a new owner solely for the
                    purposes of being reclaimed or destroyed.
                (3) Coordination.--In promulgating regulations to carry out
            this subsection, the Administrator may coordinate those
            regulations with any other regulations promulgated by the
            Administrator that involve--
                        (A) the same or a similar practice, process, or
                    activity regarding the servicing, repair, disposal, or
                    installation of equipment; or
                        (B) reclaiming.
                (4) Inapplicability.--No regulation promulgated pursuant to
            this subsection shall apply to a regulated substance or a
            substitute for a regulated substance that is contained in a
            foam.
                (5) Small business grants.--
                        (A) Definition of small business concern.--In this
                    paragraph, the term ``small business concern'' has the
                    same meaning as in section 3 of the Small Business Act
                    (15 U.S.C. 632).
                        (B) Establishment.--Subject to the availability of
                    appropriations, the Administrator shall establish a
                    grant program to award grants to small business
                    concerns for the purchase of new specialized equipment
                    for the recycling, recovery, or reclamation of a
                    substitute for a regulated substance, including the
                    purchase of approved refrigerant recycling equipment
                    (as defined in section 609(b) of the Clean Air Act (42
                    U.S.C. 7671h(b))) for recycling, recovery, or
                    reclamation in the service or repair of motor vehicle
                    air conditioning systems.
                        (C) Matching funds.--The non-Federal share of a
                    project carried out with a grant under this paragraph
                    shall be not less than 25 percent.
                        (D) Authorization of appropriations.--There is
                    authorized to be appropriated to carry out this
                    paragraph $5,000,000 for each of fiscal years 2021
                    through 2023.
        (i) Technology Transitions.--
                (1) Authority.--Subject to the provisions of this
            subsection, the Administrator may by rule restrict, fully,
            partially, or on a graduated schedule, the use of a regulated
            substance in the sector or subsector in which the regulated
            substance is used.
                (2) Negotiated rulemaking.--
                        (A) Consideration required.--Before proposing a
                    rule for the use of a regulated substance for a sector
                    or subsector under paragraph (1), the Administrator
                    shall consider negotiating with stakeholders in the
                    sector or subsector subject to the potential rule in
                    accordance with the negotiated rulemaking procedure
                    provided for under subchapter III of chapter 5 of title
                    5, United States Code (commonly known as the
                    ``Negotiated Rulemaking Act of 1990'').
                        (B) Negotiated rulemakings.--If the Administrator
                    negotiates a rulemaking with stakeholders using the
                    procedure described in subparagraph (A), the
                    Administrator shall, to the extent practicable, give
                    priority to completing that rulemaking over completing
                    rulemakings under this subsection that were not
                    negotiated using that procedure.
                        (C) No negotiated rulemaking.--If the Administrator
                    does not negotiate a rulemaking with stakeholders using
                    the procedure described in subparagraph (A), the
                    Administrator shall, before commencement of the
                    rulemaking process for a rule under paragraph (1),
                    publish an explanation of the decision of the
                    Administrator to not use that procedure.
                (3) Petitions.--
                        (A) In general.--A person may petition the
                    Administrator to promulgate a rule under paragraph (1)
                    for the restriction on use of a regulated substance in
                    a sector or subsector, which shall include a request
                    that the Administrator negotiate with stakeholders in
                    accordance with paragraph (2)(A).
                        (B) Response.--The Administrator shall grant or
                    deny a petition under subparagraph (A) not later than
                    180 days after the date of receipt of the petition.
                        (C) Requirements.--
                                (i) Explanation.--If the Administrator
                            denies a petition under subparagraph (B), the
                            Administrator shall publish in the Federal
                            Register an explanation of the denial.
                                (ii) Final rule.--If the Administrator
                            grants a petition under subparagraph (B), the
                            Administrator shall promulgate a final rule not
                            later than 2 years after the date on which the
                            Administrator grants the petition.
                                (iii) Publication of petitions.--Not later
                            than 30 days after the date on which the
                            Administrator receives a petition under
                            subparagraph (A), the Administrator shall make
                            that petition available to the public in full.
                (4) Factors for determination.--In carrying out a
            rulemaking using the procedure described in paragraph (2) or
            making a determination to grant or deny a petition submitted
            under paragraph (3), the Administrator shall, to the extent
            practicable, factor in--
                        (A) the best available data;
                        (B) the availability of substitutes for use of the
                    regulated substance that is the subject of the
                    rulemaking or petition, as applicable, in a sector or
                    subsector, taking into account technological
                    achievability, commercial demands, affordability for
                    residential and small business consumers, safety,
                    consumer costs , building codes, appliance efficiency
                    standards, contractor training costs, and other
                    relevant factors, including the quantities of regulated
                    substances available from reclaiming, prior production,
                    or prior import;
                        (C) overall economic costs and environmental
                    impacts, as compared to historical trends; and
                        (D) the remaining phase-down period for regulated
                    substances under the final rule issued under subsection
                    (e)(3), if applicable.
                (5) Evaluation.--In carrying out this subsection, the
            Administrator shall--
                        (A) evaluate substitutes for regulated substances
                    in a sector or subsector, taking into account
                    technological achievability, commercial demands,
                    safety, overall economic costs and environmental
                    impacts, and other relevant factors; and
                        (B) make the evaluation under subparagraph (A)
                    available to the public, including the factors
                    associated with the safety of those substitutes.
                (6) Effective date of rules.--No rule under this subsection
            may take effect before the date that is 1 year after the date
            on which the Administrator promulgates the applicable rule
            under this subsection.
                (7) Applicability.--
                        (A) Definition of retrofit.--In this paragraph, the
                    term ``retrofit'' means to upgrade existing equipment
                    where the regulated substance is changed, which--
                                (i) includes the conversion of equipment to
                            achieve system compatibility; and
                                (ii) may include changes in lubricants,
                            gaskets, filters, driers, valves, o-rings, or
                            equipment components for that purpose.
                        (B) Applicability of rules.--A rule promulgated
                    under this subsection shall not apply to--
                                (i) an essential use under clause (i) or
                            (iv) of subsection (e)(4)(B), including any use
                            for which the production or consumption of the
                            regulated substance is extended under clause
                            (v)(II) of that subsection; or
                                (ii) except for a retrofit application,
                            equipment in existence in a sector or subsector
                            before the date of enactment of this Act.
        (j) International Cooperation.--
                (1) In general.--Subject to paragraph (2), no person
            subject to the requirements of this section shall trade or
            transfer a production allowance or, after January 1, 2033,
            export a regulated substance to a person in a foreign country
            that, as determined by the Administrator, has not enacted or
            otherwise established within a reasonable timeframe after the
            date of enactment of this Act the same or similar requirements
            or otherwise undertaken commitments regarding the production
            and consumption of regulated substances as are contained in
            this section.
                (2) Transfers.--Pursuant to paragraph (1), a person in the
            United States may engage in a trade or transfer of a production
            allowance--
                        (A) to a person in a foreign country if, at the
                    time of the transfer, the Administrator revises the
                    number of allowances for production under subsection
                    (e)(2), as applicable, for the United States such that
                    the aggregate national production of the regulated
                    substance to be traded under the revised production
                    limits is equal to the least of--
                                (i) the maximum production level permitted
                            for the applicable regulated substance in the
                            year of the transfer under this section, less
                            the production allowances transferred;
                                (ii) the maximum production level permitted
                            for the applicable regulated substances in the
                            transfer year under applicable law, less the
                            production allowances transferred; and
                                (iii) the average of the actual national
                            production level of the applicable regulated
                            substances for the 3-year period ending on the
                            date of the transfer, less the production
                            allowances transferred; or
                        (B) from a person in a foreign country if, at the
                    time of the trade or transfer, the Administrator finds
                    that the foreign country has revised the domestic
                    production limits of the regulated substance in the
                    same manner as provided with respect to transfers by a
                    person in United States under this subsection.
                (3) Effect of transfers on production limits.--The
            Administrator may--
                        (A) reduce the production limits established under
                    subsection (e)(2)(B) as required as a prerequisite to a
                    transfer described in paragraph (2)(A); or
                        (B) increase the production limits established
                    under subsection (e)(2)(B) to reflect production
                    allowances acquired under a trade or transfer described
                    in paragraph (2)(B).
                (4) Regulations.--The Administrator shall--
                        (A) not later than 1 year after the date of
                    enactment of this Act, promulgate a final rule to carry
                    out this subsection; and
                        (B) not less frequently than annually, review and,
                    if necessary, revise the final rule promulgated
                    pursuant to subparagraph (A).
        (k) Relationship to Other Law.--
                (1) Implementation.--
                        (A) Rulemakings.--The Administrator may promulgate
                    such regulations as are necessary to carry out the
                    functions of the Administrator under this section.
                        (B) Delegation.--The Administrator may delegate to
                    any officer or employee of the Environmental Protection
                    Agency such of the powers and duties of the
                    Administrator under this section as the Administrator
                    determines to be appropriate.
                        (C) Clean air act.--Sections 113, 114, 304, and 307
                    of the Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607)
                    shall apply to this section and any rule, rulemaking,
                    or regulation promulgated by the Administrator pursuant
                    to this section as though this section were expressly
                    included in title VI of that Act (42 U.S.C. 7671 et
                    seq.).
                (2) Preemption.--
                        (A) In general.--Subject to subparagraph (B),
                    during the 5-year period beginning on the date of
                    enactment of this Act, and with respect to an exclusive
                    use for which a mandatory allocation of allowances is
                    provided under subsection (e)(4)(B)(iv)(I), no State or
                    political subdivision of a State may enforce a statute
                    or administrative action restricting the management or
                    use of a regulated substance within that exclusive use.
                        (B) Extension.--
                                (i) In general.--Subject to clause (ii),
                            if, pursuant to subclause (I) of subsection
                            (e)(4)(B)(v), the Administrator authorizes an
                            additional period under subclause (II) of that
                            subsection for the production or consumption of
                            a regulated substance for an exclusive use
                            described in subparagraph (A), no State or
                            political subdivision of a State may enforce a
                            statute or administrative action restricting
                            the management or use of the regulated
                            substance within that exclusive use for the
                            duration of that additional period.
                                (ii) Limitation.--The period for which the
                            limitation under clause (i) applies shall not
                            exceed 5 years from the date on which the
                            period described in subparagraph (A) ends.

        DIVISION T--SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT AND
                     NATIONAL MUSEUM OF THE AMERICAN LATINO

            TITLE I--SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT

    SEC. 101. SHORT TITLE.

        This title may be cited as the ``Smithsonian American Women's
    History Museum Act''.

    SEC. 102. FINDINGS.

        Congress finds the following:
                (1) Since its founding, the United States has greatly
            benefitted from the contributions of women.
                (2) Historical accounts, monuments, memorials, and museums
            disproportionately represent men's achievements and
            contributions and often neglect those of women. For example--
                        (A) a study of 18 United States history textbooks
                    concluded that 10 percent of the material documented
                    contributions of women;
                        (B) 9 statues out of 91 in the United States
                    Capitol's National Statuary Hall depict women; and
                        (C) only one of the 44 monuments operated by the
                    National Park Service specifically honors the
                    achievements of women after the 2016 designation of the
                    Belmont-Paul Women's Equality National Monument.
                (3) There exists no national museum in the United States
            that is devoted to the documentation of women's contributions
            throughout the Nation's history.
                (4) On December 19, 2014, Congress created a Congressional
            Commission to study the potential for an American museum of
            women's history. The bipartisan Commission unanimously
            concluded that the United States needs and deserves a physical
            national museum dedicated to showcasing the historical
            experiences and impact of women in the United States.
                (5) A comprehensive women's history museum would document
            the full spectrum of the experiences of women in the United
            States, represent a diverse range of viewpoints, experiences,
            and backgrounds, more accurately depict the history of the
            United States, and add value to the Smithsonian Institution.
                (6) The collections, exhibits, historical narrative
            materials, and museum programming of the women's history museum
            should be inclusive, comprehensive, and innovative. Such
            collections, exhibits, materials, and programming should
            present the diverse range of experiences and viewpoints of all
            women in the United States, reflecting upon the things that set
            women apart from one another while also highlighting the
            experiences that many of these women share.

    SEC. 103. ESTABLISHMENT OF MUSEUM.

        (a) Establishment.--There is established within the Smithsonian
    Institution a comprehensive women's history museum, to be named by the
    Board of Regents in consultation with the council established under
    section 104 (referred to in this Act as the ``Museum'').
        (b) Purpose.--The purpose of the Museum established under this
    section shall be to provide for--
                (1) the collection and study of, and the establishment of
            programs relating to, women's contributions to various fields
            and throughout different periods of history that have
            influenced the direction of the United States;
                (2) collaboration with other Smithsonian Institution
            museums and facilities, outside museums, and educational
            institutions; and
                (3) the creation of exhibitions and programs that recognize
            diverse perspectives on women's history and contributions.

    SEC. 104. COUNCIL.

        (a) Establishment.--There is established within the Smithsonian
    Institution a council to carry out the duties set forth under
    subsection (b) and other provisions of this Act (referred to in this
    section as the ``Council'').
        (b) Duties.--
                (1) In general.--The Council established under this section
            shall--
                        (A) make recommendations to the Board of Regents
                    concerning the planning, design, and construction of
                    the Museum;
                        (B) advise and assist the Board of Regents on all
                    matters relating to the administration, operation,
                    maintenance, and preservation of the Museum;
                        (C) recommend annual operating budgets for the
                    Museum to the Board of Regents;
                        (D) report annually to the Board of Regents on the
                    acquisition, disposition, and display of objects
                    relating to women's art, history, and culture; and
                        (E) adopt bylaws for the operation of the Council.
                (2) Principal responsibilities.--The Council, subject to
            the general policies of the Board of Regents, shall have sole
            authority to--
                        (A) purchase, accept, borrow, and otherwise acquire
                    artifacts for addition to the collections of the
                    Museum;
                        (B) loan, exchange, sell, and otherwise dispose of
                    any part of the collections of the Museum, but only if
                    the funds generated by that disposition are used for
                    additions to the collections of the Museum; or
                        (C) specify criteria with respect to the use of the
                    collections and resources of the Museum, including
                    policies on programming, education, exhibitions, and
                    research with respect to--
                                (i) the life, art, history, and culture of
                            women;
                                (ii) the role of women in the history of
                            the United States; and
                                (iii) the contributions of women to
                            society.
                (3) Other responsibilities.--The Council, subject to the
            general policies of the Board of Regents, shall have
            authority--
                        (A) to provide for preservation, restoration, and
                    maintenance of the collections of the Museum; and
                        (B) to solicit, accept, use, and dispose of gifts,
                    bequests, and devises of personal property for the
                    purpose of aiding and facilitating the work of the
                    Museum.
                (4) Ensuring diversity of political viewpoints in exhibits
            and programs.--In carrying out its duties, the Council shall
            ensure that the exhibits and programs of the Museum reflect, to
            the extent practicable, an equal representation of the
            diversity of the political viewpoints held by women of the
            United States on the events and issues relating to the history
            of women in the United States.
        (c) Composition and Appointment.--
                (1) In general.--The Council shall be composed of 25 voting
            members as provided under paragraph (2).
                (2) Voting members.--The Council shall include the
            following voting members:
                        (A) One member appointed by the majority leader of
                    the Senate.
                        (B) One member appointed by the minority leader of
                    the Senate.
                        (C) One member appointed by the Speaker of the
                    House of Representatives.
                        (D) One member appointed by the minority leader of
                    the House of Representatives.
                        (E) The Secretary of the Smithsonian Institution.
                        (F) One member of the Board of Regents, appointed
                    by the Board of Regents.
                        (G) Nineteen individuals appointed by the Board of
                    Regents. In appointing members under this subparagraph,
                    the Board of Regents should give special consideration
                    to appointing--
                                (i) members of the Congressional
                            Commission;
                                (ii) board members of the National Women's
                            History Museum, a nonprofit, educational
                            organization described in section 501(c)(3) of
                            the Internal Revenue Code of 1986 that was
                            incorporated in 1996 in the District of
                            Columbia and that is dedicated for the purpose
                            of establishing a women's history museum; and
                                (iii) scholars and representatives of
                            organizations that are committed to the study
                            of women's history.
                (3) Initial appointments.--The Board of Regents shall make
            initial appointments to the Council under paragraph (2) not
            later than 180 days after the date of the enactment of this
            Act.
        (d) Terms.--
                (1) In general.--Except as provided in this subsection,
            each appointed member of the Council shall be appointed for a
            term of 3 years.
                (2) Initial appointees.--As designated by the Board of
            Regents at the time of appointment, of the voting members first
            appointed under subparagraph (G) of subsection (c)(2)--
                        (A) 7 members shall be appointed for a term of 1
                    year;
                        (B) 6 members shall be appointed for a term of 2
                    years; and
                        (C) 6 members shall be appointed for a term of 3
                    years.
                (3) Reappointment.--A member of the Council may be
            reappointed, except that no individual may serve on the Council
            for a total of more than 2 terms. For purposes of this
            paragraph, the number of terms an individual serves on the
            Council shall not include any portion of a term for which an
            individual is appointed to fill a vacancy under paragraph
            (4)(B).
                (4) Vacancies.--
                        (A) In general.--A vacancy on the Council--
                                (i) shall not affect the powers of the
                            Council; and
                                (ii) shall be filled in the same manner as
                            the original appointment was made.
                        (B) Term.--Any member of the Council appointed to
                    fill a vacancy occurring before the expiration of the
                    term for which the member's predecessor was appointed
                    shall be appointed for the remainder of that term.
        (e) Compensation.--
                (1) In general.--Except as provided in paragraph (2), a
            member of the Council shall serve without pay.
                (2) Travel expenses.--A member of the Council shall be
            allowed travel expenses, including per diem in lieu of
            subsistence, at rates authorized for an employee of an agency
            under subchapter I of chapter 57 of title 5, United States
            Code, while away from the home or regular place of business of
            the member in the performance of the duties of the Council.
        (f) Chairperson.--By a majority vote of its voting members, the
    Council shall elect a chairperson from its members.
        (g) Meetings.--
                (1) In general.--The Council shall meet at the call of the
            chairperson or on the written request of a majority of the
            voting members of the Council, but not fewer than twice each
            year.
                (2) Initial meetings.--During the 1-year period beginning
            on the date of the first meeting of the Council, the Council
            shall meet not fewer than 4 times for the purpose of carrying
            out the duties of the Council under this Act.
        (h) Quorum.--A majority of the voting members of the Council
    holding office shall constitute a quorum for the purpose of conducting
    business, but a lesser number may receive information on behalf of the
    Council.

    SEC. 105. DIRECTOR AND STAFF OF THE MUSEUM.

        (a) Director.--
                (1) In general.--The Museum shall have a Director who shall
            be appointed by the Secretary, taking into consideration
            individuals recommended by the council established under
            section 104.
                (2) Duties.--The Director shall manage the Museum subject
            to the policies of the Board of Regents.
        (b) Staff.--The Secretary may appoint 2 additional employees to
    serve under the Director, except that such additional employees may be
    appointed without regard to the provisions of title 5, United States
    Code, governing appointments in the competitive service.
        (c) Pay.--The employees appointed by the Secretary under subsection
    (b) may be paid without regard to the provisions of chapter 51 and
    subchapter III of chapter 53 of title 5, United States Code, relating
    to classification of positions and General Schedule pay rates.

    SEC. 106. EDUCATIONAL AND LIAISON PROGRAMS.

        (a) Programs Authorized.--The Director of the Museum may carry out
    educational and liaison programs in support of the goals of the Museum.
        (b) Collaboration With Schools.--In carrying out this section, the
    Director shall carry out educational programs in collaboration with
    elementary schools, secondary schools, and postsecondary schools.

    SEC. 107. BUILDING.

        (a) Location.--
                (1) In general.--Not later than 2 years after the date of
            the enactment of this Act, the Board of Regents shall designate
            a site for the Museum.
                (2) Sites for consideration.--In designating a site under
            paragraph (1), the Board of Regents shall--
                        (A) select a site in the District of Columbia; and
                        (B) include the consideration of the following
                    sites:
                                (i) The site known as the ``South Monument
                            site'', located on the National Mall and
                            bordered by 14th Street Northwest, Jefferson
                            Drive Southwest, Raoul Wallenberg Place
                            Southwest, and Independence Ave Southwest.
                                (ii) The Northwest United States Capitol
                            site, bordered by 3rd Street Northwest,
                            Constitution Avenue Northwest, 1st Street
                            Northwest, and Pennsylvania Ave Northwest.
                (3) Factors considered.--In designating a site under
            paragraph (1), the Board of Regents shall take into
            consideration each of the following factors:
                        (A) An estimate of the costs associated with each
                    potential site.
                        (B) An assessment of the suitability of the space
                    of each potential site, including size, proximity to
                    other buildings and transportation, and other external
                    environmental conditions, as appropriate.
                        (C) The recommendations of the Congressional
                    Commission.
                (4) Consultation.--The Board of Regents shall carry out its
            duties under this subsection in consultation with each of the
            following:
                        (A) The Chair of the National Capital Planning
                    Commission.
                        (B) The Director of the National Park Service.
                        (C) The Chair of the National Capital Memorial
                    Advisory Commission.
                        (D) The Chair of the Commission on Fine Arts.
                        (E) The Chair of the Congressional Commission.
                        (F) The Architect of the Capitol.
                        (G) The chair and ranking member of each of the
                    following committees:
                                (i) The Committee on Rules and
                            Administration of the Senate.
                                (ii) The Committee on House Administration
                            of the House of Representatives.
                                (iii) The Committee on Energy and Natural
                            Resources of the Senate.
                                (iv) The Committee on Natural Resources of
                            the House of Representatives.
                                (v) The Committee on Transportation and
                            Infrastructure of the House of Representatives.
                                (vi) The Committee on Appropriations of the
                            House of Representatives.
                                (vii) The Committee on Appropriations of
                            the Senate.
                (5) Intent of congress.--It is the intent of Congress that
            the Museum be located on or near the National Mall, to the
            maximum extent practicable, in accordance with this section.
        (b) Site Under the Jurisdiction of Another Federal Agency.--
                (1) Written notification of agreement.--The Board of
            Regents shall not designate a site for the Museum that is under
            the administrative jurisdiction of another Federal agency or
            entity unless the head of the Federal agency or entity submits
            to each of the committees described in subsection (a)(4)(G)
            written notification stating that the head of the Federal
            agency or entity concurs with locating the Museum on the land
            or in the structure that is under the administrative
            jurisdiction of the Federal agency or entity.
                (2) Transfer.--As soon as practicable after the date on
            which Congress receives the written notification described in
            paragraph (1), the head of the Federal agency or entity shall
            transfer to the Smithsonian Institution its administrative
            jurisdiction over the land or structure that has been
            designated as the site for the Museum.
        (c) Construction of Building.--The Board of Regents, in
    consultation with the council established under section 104, may plan,
    design, and construct a building for the Museum, which shall be located
    at the site designated by the Board of Regents under subsection (a), in
    accordance with this section.
        (d) Commemorative Works Act.--Chapter 89 of title 40, United States
    Code, shall not apply with respect to the Museum, except that the
    Museum shall not be located in the Reserve (as defined in section
    8902(a) of that title).
        (e) Cost Sharing.--The Board of Regents shall pay--
                (1) 50 percent of the costs of carrying out this section
            from Federal funds; and
                (2) 50 percent of the costs of carrying out this section
            from non-Federal sources.

    SEC. 108. DEFINITIONS.

        In this Act, the following definitions apply:
                (1) The term ``Board of Regents'' means the Board of
            Regents of the Smithsonian Institution.
                (2) The term ``Congressional Commission'' means the
            Commission to Study the Potential Creation of a National
            Women's History Museum, established under section 3056 of the
            Military Construction Authorization Act for Fiscal Year 2015
            (Public Law 113-291; 128 Stat. 3810).
                (3) The term ``Secretary'' means the Secretary of the
            Smithsonian Institution.

    SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There are authorized to be appropriated to the
    Smithsonian Institution to carry out this Act, including the planning,
    design, construction, and operation of the Museum established under
    section 103, such sums as may be necessary for fiscal year 2020 and
    each succeeding fiscal year.
        (b) Availability.--Amounts appropriated pursuant to the
    authorization under this section shall remain available until expended.
        (c) Use of Funds for Fundraising.--Amounts appropriated pursuant to
    the authorization under this section may be used to conduct fundraising
    in support of the Museum from private sources.

                TITLE II--NATIONAL MUSEUM OF THE AMERICAN LATINO

    SEC. 201. NATIONAL MUSEUM OF THE AMERICAN LATINO.

        (a) Findings.--Congress finds the following:
                (1) The United States is a symbol of democracy, freedom,
            and economic opportunity around the world, and the legacy of
            Latinos is deeply rooted in the very fabric of the history,
            democracy, freedom, and economic opportunity of the United
            States.
                (2) There exists no national museum within the Smithsonian
            Institution that is devoted to the documentation and
            explication of Latino life, art, history, and culture.
                (3) The establishment of the National Museum of the
            American Latino will be consistent with the purposes of the
            Smithsonian Institution, created by Congress in 1846, ``for the
            increase and diffusion of knowledge''.
                (4) The National Museum of the American Latino--
                        (A) will be the keystone for people in the United
                    States and other Smithsonian Institution visitors to
                    learn about Latino contributions to life, art, history,
                    and culture in the United States at its signature
                    location on the National Mall; and
                        (B) will serve as a gateway for visitors to view
                    other Latino exhibitions, collections, and programming
                    at other Smithsonian Institution facilities and museums
                    throughout the United States and the territories of the
                    United States.
        (b) Definitions.--In this section:
                (1) Board of regents.--The term ``Board of Regents'' means
            the Board of Regents of the Smithsonian Institution.
                (2) Board of trustees.--The term ``Board of Trustees''
            means the Board of Trustees of the National Museum of the
            American Latino as established by subsection (d).
                (3) Director.--The term ``Director'' means the Director of
            the National Museum of the American Latino.
                (4) Museum.--The term ``Museum'' means the National Museum
            of the American Latino established by subsection (c).
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Smithsonian Institution.
        (c) Establishment of Museum.--
                (1) Establishment.--There is established within the
            Smithsonian Institution a museum to be known as the ``National
            Museum of the American Latino''.
                (2) Purposes.--The purposes of the Museum are--
                        (A) to illuminate the story of the United States
                    for the benefit of all by featuring Latino
                    contributions; and
                        (B) to provide for--
                                (i) the collection, study, research,
                            publication, and establishment of exhibitions
                            and programs relating to Latino life, art,
                            history, and culture that encompass--
                                        (I) Latino contributions to the
                                    early history of what now encompasses
                                    the United States of America and its
                                    territories;
                                        (II) Latino contributions in the
                                    armed services from the earliest days
                                    of the American Revolution to current
                                    military activities in defense of our
                                    freedoms;
                                        (III) Latino contributions to the
                                    freedom, well-being, and economic
                                    prosperity of all people in the United
                                    States through historical movements;
                                        (IV) entrepreneurial and charitable
                                    activities of Latinos;
                                        (V) contributions by Latinos to--
                                                (aa) the social, natural,
                                            and physical sciences; and
                                                (bb) art, history, and
                                            culture, including food, music,
                                            dance, film, theater, sports,
                                            and other forms of popular
                                            culture in the United States;
                                            and
                                (ii) collaboration between the Museum,
                            other museums and research centers of the
                            Smithsonian Institution, and other museums and
                            educational institutions throughout the United
                            States and abroad, to promote the study and
                            appreciation of Latino life, art, history,
                            culture, and its impact on society in the
                            United States, including collaboration
                            concerning joint research projects, programs,
                            exhibitions, collection management, and
                            training of museum staff.
        (d) Board of Trustees.--
                (1) Establishment.--There is established within the
            Smithsonian Institution a Board of Trustees of the Museum with
            the duties, powers, and authority specified in this subsection.
                (2) Duties.--
                        (A) In general.--The Board of Trustees--
                                (i) shall--
                                        (I) make recommendations to the
                                    Board of Regents concerning the
                                    location, planning, design, and
                                    construction of the Museum;
                                        (II) recommend annual operating
                                    budgets for the Museum to the Board of
                                    Regents;
                                        (III) adopt bylaws for the Board of
                                    Trustees;
                                        (IV) report annually to the Board
                                    of Regents on the acquisition,
                                    disposition, and display of Latino
                                    collections, objects and artifacts, and
                                    on other appropriate matters; and
                                        (V) advise and assist the Board of
                                    Regents on all matters relating to the
                                    administration, operation, maintenance,
                                    and preservation of the Museum,
                                    including long-term maintenance; and
                                (ii) may delegate the duties described in
                            subclauses (I) through (IV) of clause (i) to
                            the Director.
                        (B) Principal responsibilities.--Subject to the
                    general policies of the Board of Regents, the Board of
                    Trustees shall have the sole authority to--
                                (i) purchase, accept, borrow, or otherwise
                            acquire artifacts and other objects for
                            addition to the collections of the Museum;
                                (ii) loan, exchange, sell, or otherwise
                            dispose of any part of the collections of the
                            Museum, with the proceeds of such transactions
                            to be used for additions to the collections of
                            the Museum; and
                                (iii) specify criteria with respect to the
                            use of the collections and resources of the
                            Museum, including policies on programming,
                            education, exhibitions, and research with
                            respect to--
                                        (I) the life, art, history,
                                    culture, and other aspects of Latinos
                                    in the United States and the
                                    territories of the United States;
                                        (II) the role of Latinos in the
                                    history of the United States from the
                                    arrival of the first explorers to the
                                    Americas to the present;
                                        (III) the contributions of Latinos
                                    to society and culture in the United
                                    States, and exploring what it means to
                                    be an American; and
                                        (IV) sharing how values in the
                                    United States such as resiliency,
                                    optimism, and spirituality are
                                    reflected in Latino history and
                                    culture.
                        (C) Other responsibilities.--Subject to the general
                    policies of the Board of Regents, the Board of Trustees
                    shall have authority to--
                                (i) provide for preservation, restoration,
                            and maintenance of the collections of the
                            Museum; and
                                (ii) solicit, accept, use, and dispose of
                            gifts, bequests, and devises of personal and
                            real property for the purpose of aiding and
                            facilitating the work of the Museum.
                        (D) Ensuring diversity of political viewpoints in
                    exhibits and programs.--In carrying out its duties, the
                    Board of Trustees shall ensure that the exhibits and
                    programs of the Museum reflect the diversity of the
                    political viewpoints held by Latinos of the United
                    States on the events and issues relating to the history
                    of Latinos in the United States.
                (3) Composition and appointment.--
                        (A) In general.--The Board of Trustees shall be
                    composed of not more than 19 voting members as provided
                    under subparagraph (B).
                        (B) Voting members.--The Board of Trustees shall
                    include the following voting members:
                                (i) The Secretary of the Smithsonian
                            Institution.
                                (ii) The Under Secretary of Museums and
                            Research of the Smithsonian Institution.
                                (iii) The chair of the Smithsonian National
                            Latino Board.
                                (iv) One member of the Board of Regents,
                            appointed by the Board of Regents.
                                (v) Two Members of Congress, one from each
                            political party, designated by the
                            Congressional Hispanic Caucus and the
                            Congressional Hispanic Conference.
                                (vi) Thirteen individuals who shall be
                            appointed by the Board of Regents after taking
                            into consideration--
                                        (I) efforts to have a politically
                                    and geographically diverse
                                    representation on the Board of Trustees
                                    reflecting States and territories with
                                    significant Latino populations;
                                        (II) individuals recommended by
                                    members of the Board of Trustees; and
                                        (III) individuals recommended by
                                    organizations and entities that are
                                    committed to the advancement of
                                    knowledge of Latino life, art, history,
                                    and culture.
                        (C) Initial appointments.--The Board of Regents
                    shall make initial appointments to the Board of
                    Trustees under subparagraph (B) not later than 180 days
                    after the date of enactment of this Act.
                (4) Terms of service.--
                        (A) In general.--Except as provided in this
                    paragraph, each appointed member of the Board of
                    Trustees shall be appointed for a term of 3 years.
                        (B) Initial appointees.--As designated by the Board
                    of Regents at the time of appointment, of the voting
                    members first appointed under clause (vi) of paragraph
                    (3)(B)--
                                (i) Five members shall be appointed for a
                            term of 1 year;
                                (ii) Four members shall be appointed for a
                            term of 2 years; and
                                (iii) Four members shall be appointed for a
                            term of 3 years.
                        (C) Reappointment.--A member of the Board of
                    Trustees may be reappointed, except that no individual
                    may serve on the Board of Trustees for a total of more
                    than 2 full terms. For purposes of this subparagraph,
                    the number of terms an individual serves on the Board
                    of Trustees shall not include any portion of a term for
                    which an individual is appointed to fill a vacancy
                    under subparagraph (D)(ii).
                        (D) Vacancies.--
                                (i) In general.--A vacancy on the Board of
                            Trustees--
                                        (I) shall not affect the powers of
                                    the Board of Trustees; and
                                        (II) shall be filled in the same
                                    manner as the original appointment was
                                    made.
                                (ii) Term.--Any member of the Board of
                            Trustees appointed to fill a vacancy occurring
                            before the expiration of the term for which the
                            member's predecessor was appointed shall be
                            appointed for the remainder of that term.
                (5) Compensation.--
                        (A) In general.--Except as provided in subparagraph
                    (B), a member of the Board of Trustees shall serve
                    without pay.
                        (B) Travel expenses.--A member of the Board of
                    Trustees shall be allowed travel expenses, including
                    per diem in lieu of subsistence, at rates authorized
                    for an employee of an agency under subchapter I of
                    chapter 57 of title 5, United States Code, while away
                    from the home or regular place of business of the
                    member in the performance of the duties of the Board of
                    Trustees.
                (6) Chairperson.--By a majority vote of its voting members,
            the Board of Trustees shall elect a chairperson from its
            members.
                (7) Meetings.--
                        (A) In general.--The Board of Trustees shall meet
                    at the call of the chairperson or on the written
                    request of a majority of the voting members of the
                    Board of Trustees, but not fewer than twice each year.
                        (B) Meeting format.--Regularly scheduled meetings
                    and special meetings may be conducted in-person,
                    telephonically, electronically, or by any means
                    appropriate as determined by the chairperson.
                (8) Quorum.--A majority of the voting members of the Board
            of Trustees holding office shall constitute a quorum for the
            purpose of conducting business, but a lesser number may receive
            information on behalf of the Board of Trustees.
        (e) Director and Staff of Museum.--
                (1) Director.--
                        (A) In general.--The Museum shall have a Director
                    who shall be appointed by the Secretary in consultation
                    with Board of Trustees. The Secretary may appoint an
                    interim Director to oversee the initial activity of
                    establishing the Museum until a permanent Director is
                    selected.
                        (B) Duties.--The Director shall manage the Museum
                    subject to the policies of the Board of Regents and the
                    Board of Trustees.
                (2) Staff.--The Secretary may appoint two additional
            employees to serve under the Director, except that such
            additional employees may be appointed without regard to the
            provisions of title 5, United States Code, governing
            appointments in the competitive service.
                (3) Pay.--The employees appointed by the Secretary under
            paragraph (2) may be paid without regard to the provisions of
            chapter 51 and subchapter III of chapter 53 of title 5, United
            States Code, relating to classification of positions and
            General Schedule pay rates.
        (f) Educational and Liaison Programs.--
                (1) In general.--
                        (A) Programs authorized.--The Director of the
                    Museum may carry out educational and liaison programs
                    in support of the goals of the Museum.
                        (B) Specific activities.--In carrying out this
                    subsection, the Director shall--
                                (i) carry out educational programs relating
                            to Latino life, art, history, and culture,
                            including--
                                        (I) programs using digital,
                                    electronic, and interactive
                                    technologies; and
                                        (II) programs carried out in
                                    collaboration with elementary schools,
                                    secondary schools, and postsecondary
                                    schools; and
                                (ii) consult with the Director of the
                            Institute of Museum and Library Services
                            concerning the grant programs carried out under
                            paragraph (2).
                (2) Grant programs.--
                        (A) In general.--The Director of the Institute of
                    Museum and Library Services, in consultation with the
                    Board of Trustees and the Director of the Museum, shall
                    establish and carry out--
                                (i) a grant program with the purpose of
                            improving operations, care of collections,
                            culturally appropriate public outreach, and
                            development of professional management at
                            American Latino museums;
                                (ii) a grant program with the purpose of
                            providing internship and fellowship
                            opportunities at American Latino museums;
                                (iii) a scholarship program, in partnership
                            with Hispanic-serving institutions, minority-
                            serving institutions, historically black
                            colleges and universities, and other
                            institutions of higher education, with the
                            purpose of assisting individuals who are
                            pursuing careers or carrying out studies in the
                            arts, humanities, and sciences in the study of
                            American Latino life, art, history, and
                            culture;
                                (iv) in cooperation with other museums,
                            historical societies, and educational
                            institutions, a grant program with the purpose
                            of promoting the understanding of the Latin
                            American diaspora in the United States; and
                                (v) a grant program under which an American
                            Latino museum (including a nonprofit education
                            organization the primary mission of which is to
                            promote the study of the Latin American
                            diaspora in the United States) may use funds
                            provided under the grant to increase an
                            endowment fund established by the museum (or
                            organization) as of October 1, 2020, for the
                            purposes of enhancing educational programming,
                            and maintaining and operating traveling
                            educational exhibits.
                        (B) Clarification of treatment of museum.--In this
                    paragraph, the term ``American Latino museum'' does not
                    include the Museum.
                        (C) Authorization of appropriations.--There are
                    authorized to be appropriated to the Institute of
                    Museum and Library Services to carry out this
                    paragraph--
                                (i) $15,000,000 for fiscal year 2021; and
                                (ii) such sums as may be necessary for
                            fiscal year 2022 and each succeeding fiscal
                            year.
        (g) National Museum of the American Latino Building and Support
    Facilities.--
                (1) In general.--
                        (A) Location.--
                                (i) In general.--Not later than 2 years
                            after the date of enactment of this Act, the
                            Board of Regents shall designate a site for the
                            Museum.
                                (ii) Sites for consideration.--In
                            designating a site under clause (i), the Board
                            of Regents shall--
                                        (I) select a site in the District
                                    of Columbia; and
                                        (II) include the consideration of
                                    the following sites:
                                                (aa) The Arts and
                                            Industries Building of the
                                            Smithsonian Institution,
                                            located on the National Mall at
                                            900 Jefferson Drive, Southwest,
                                            Washington, District of
                                            Columbia.
                                                (bb) A vacant area bounded
                                            by Independence Avenue,
                                            Jefferson Drive, Raoul
                                            Wallenberg Place, and 14th
                                            Street Southwest, currently
                                            under the jurisdiction of the
                                            National Park Service.
                                                (cc) The area bounded by
                                            3rd Street and 1st Street,
                                            Northwest and Constitution
                                            Avenue and Pennsylvania Avenue,
                                            Northwest, as measured from
                                            curb to curb, currently under
                                            the jurisdiction of the
                                            Architect of the Capitol.
                                                (dd) The facility and
                                            grounds on the National Mall
                                            between 12th and 14th Streets,
                                            Southwest, and Jefferson Drive
                                            and Independence Avenue,
                                            Southwest, currently under the
                                            jurisdiction of the Department
                                            of Agriculture.
                                (iii) Factors considered.--In designating a
                            site under clause (i), the Board of Regents
                            shall take into consideration each of the
                            following factors:
                                        (I) An estimate of the costs
                                    associated with each potential site.
                                        (II) An assessment of the
                                    suitability of the space of each
                                    potential site, including size,
                                    proximity to other buildings and
                                    transportation, and other external
                                    environmental conditions, as
                                    appropriate.
                                        (III) The recommendations of the
                                    Commission referred to in subsection
                                    (h).
                                (iv) Consultation.--The Board of Regents
                            shall carry out its duties under this
                            subparagraph in consultation with the
                            following:
                                        (I) The Chair of the National
                                    Capital Planning Commission.
                                        (II) The Director of the National
                                    Park Service.
                                        (III) The Chair of the National
                                    Capital Memorial Advisory Commission.
                                        (IV) The Chair of the Commission of
                                    Fine Arts.
                                        (V) The Chair and Vice Chair of the
                                    Commission referred to in subsection
                                    (h).
                                        (VI) The Chair of the Building and
                                    Site Subcommittee of the Commission
                                    referred to in subsection (h).
                                        (VII) The Architect of the Capitol.
                                        (VIII) The Chair and ranking
                                    minority member of each of the
                                    following committees:
                                                (aa) The Committee on Rules
                                            and Administration of the
                                            Senate.
                                                (bb) The Committee on House
                                            Administration of the House of
                                            Representatives.
                                                (cc) The Committee on
                                            Energy and Natural Resources of
                                            the Senate.
                                                (dd) The Committee on
                                            Natural Resources of the House
                                            of Representatives.
                                                (ee) The Committee on
                                            Transportation and
                                            Infrastructure of the House of
                                            Representatives.
                                                (ff) The Committee on
                                            Appropriations of the House of
                                            Representatives.
                                                (gg) The Committee on
                                            Appropriations of the Senate.
                                (v) Intent of congress.--It is the intent
                            of Congress that the Museum be located on or
                            near the National Mall, to the maximum extent
                            practicable, in accordance with this
                            subsection.
                        (B) Size of building.--The building constructed or
                    modified to serve as the Museum shall occupy no less
                    than the recommended square footage set forth in the
                    report submitted by the Commission to Study the
                    Potential Creation of a National Museum of the American
                    Latino established under section 333 of the
                    Consolidated Natural Resources Act of 2008 (Public Law
                    110-229; 122 Stat. 784).
                        (C) Construction of building.--The Board of
                    Regents, in consultation with the Board of Trustees and
                    other appropriate Federal and local agencies is
                    authorized to prepare plans, design, and construct a
                    building or modify an existing building for the Museum,
                    which shall be located at the site selected by the
                    Board of Regents, in accordance with this subsection.
                (2) Site under the jurisdiction of another federal
            agency.--
                        (A) In general.--The Board of Regents shall not
                    designate a site for the Museum that is under the
                    administrative jurisdiction of another Federal agency
                    or entity unless the head of the Federal agency or
                    entity submits to each of the committees described in
                    paragraph (1)(A)(iv)(VIII) written notification stating
                    that the head of the Federal agency or entity concurs
                    with locating the Museum on the land or in the
                    structure that is under the administrative jurisdiction
                    of the Federal agency or entity.
                        (B) Transfer.--As soon as practicable after the
                    date on which the committees receive the written
                    notification described in subparagraph (A), the head of
                    the Federal agency or entity shall transfer to the
                    Smithsonian Institution administrative jurisdiction
                    over the land or structure that has been designated as
                    the site for the Museum.
                (3) Cost sharing.--The Board of Regents shall pay--
                        (A) 50 percent of the costs of carrying out this
                    subsection from Federal funds; and
                        (B) 50 percent of the costs of carrying out this
                    subsection from non-Federal sources.
                (4) Commemorative works act.--Chapter 89 of title 40,
            United States Code, shall not apply with respect to the Museum,
            except that the Museum shall not be located in the Reserve (as
            defined in section 8902(a) of that title).
                (5) Authorization of appropriations.--There are authorized
            to be appropriated such sums as are necessary to carry out this
            subsection.
        (h) Consideration of Recommendations of Commission.--In carrying
    out their duties under this section, the Board of Trustees and the
    Board of Regents shall take into consideration the reports and plans
    submitted by the Commission to Study the Potential Creation of a
    National Museum of the American Latino established under section 333 of
    the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122
    Stat. 784).
        (i) Congressional Budget Act Compliance.--Authority under this
    section to enter into contracts or to make payments shall be effective
    in any fiscal year only to the extent provided in advance in an
    appropriations Act.
        (j) Authorization of Appropriations.--
                (1) In general.--There are authorized to be appropriated to
            the Smithsonian Institution to carry out this section, other
            than subsections (f)(2) and (g)--
                        (A) $20,000,000 for fiscal year 2021; and
                        (B) such sums as are necessary for each fiscal year
                    thereafter.
                (2) Availability.--Amounts appropriated pursuant to the
            authorization of appropriations under paragraph (1) shall
            remain available until expended.
                (3) Use of funds for fundraising.--Amounts appropriated
            pursuant to the authorization under this subsection may be used
            to conduct fundraising in support of the Museum from private
            sources.

       DIVISION U--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS

                     TITLE I--AI IN GOVERNMENT ACT OF 2020

    SEC. 101. SHORT TITLE.

        This title may be cited as the ``AI in Government Act of 2020''.

    SEC. 102. DEFINITIONS.

        In this Act--
                (1) the term ``Administrator'' means the Administrator of
            General Services;
                (2) the term ``agency'' has the meaning given the term in
            section 3502 of title 44, United States Code;
                (3) the term ``AI CoE'' means the AI Center of Excellence
            described in section 103;
                (4) the term ``artificial intelligence'' has the meaning
            given the term in section 238(g) of the John S. McCain National
            Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358
            note);
                (5) the term ``Director'' means the Director of the Office
            of Management and Budget;
                (6) the term ``institution of higher education'' has the
            meaning given the term in section 101 of the Higher Education
            Act of 1965 (20 U.S.C. 1001); and
                (7) the term ``nonprofit organization'' means an
            organization described in section 501(c)(3)of the Internal
            Revenue Code of 1986 and exempt from taxation under section
            501(a) of that Code.

    SEC. 103. AI CENTER OF EXCELLENCE.

        (a) In General.--There is created within the General Services
    Administration a program to be known as the ``AI Center of
    Excellence'', which shall--
                (1) facilitate the adoption of artificial intelligence
            technologies in the Federal Government;
                (2) improve cohesion and competency in the adoption and use
            of artificial intelligence within the Federal Government; and
                (3) carry out paragraphs (1) and (2) for the purposes of
            benefitting the public and enhancing the productivity and
            efficiency of Federal Government operations.
        (b) Duties.--The duties of the AI CoE shall include--
                (1) regularly convening individuals from agencies,
            industry, Federal laboratories, nonprofit organizations,
            institutions of higher education, and other entities to discuss
            recent developments in artificial intelligence, including the
            dissemination of information regarding programs, pilots, and
            other initiatives at agencies, as well as recent trends and
            relevant information on the understanding, adoption, and use of
            artificial intelligence;
                (2) collecting, aggregating, and publishing on a publicly
            available website information regarding programs, pilots, and
            other initiatives led by other agencies and any other
            information determined appropriate by the Administrator;
                (3) advising the Administrator, the Director, and agencies
            on the acquisition and use of artificial intelligence through
            technical insight and expertise, as needed;
                (4) assist agencies in applying Federal policies regarding
            the management and use of data in applications of artificial
            intelligence;
                (5) consulting with agencies, including the Department of
            Defense, the Department of Commerce, the Department of Energy,
            the Department of Homeland Security, the Office of Management
            and Budget, the Office of the Director of National
            Intelligence, and the National Science Foundation, that operate
            programs, create standards and guidelines, or otherwise fund
            internal projects or coordinate between the public and private
            sectors relating to artificial intelligence;
                (6) advising the Director on developing policy related to
            the use of artificial intelligence by agencies; and
                (7) advising the Director of the Office of Science and
            Technology Policy on developing policy related to research and
            national investment in artificial intelligence.
        (c) Staff.--
                (1) In general.--The Administrator shall provide necessary
            staff, resources, and administrative support for the AI CoE.
                (2) Shared staff.--To the maximum extent practicable, the
            Administrator shall meet the requirements described under
            paragraph (1) by using staff of the General Services
            Administration, including those from other agency centers of
            excellence, and detailees, on a reimbursable or nonreimbursable
            basis, from other agencies.
                (3) Fellows.--The Administrator may, to the maximum extent
            practicable, appoint fellows to participate in the AI CoE from
            nonprofit organizations, think tanks, institutions of higher
            education, and industry.
        (d) Sunset.--This section shall cease to be effective on the date
    that is 5 years after the date of enactment of this Act.

    SEC. 104. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.

        (a) Guidance.--Not later than 270 days after the date of enactment
    of this Act, the Director, in coordination with the Director of the
    Office of Science and Technology Policy in consultation with the
    Administrator and any other relevant agencies and key stakeholders as
    determined by the Director, shall issue a memorandum to the head of
    each agency that shall--
                (1) inform the development of policies regarding Federal
            acquisition and use by agencies regarding technologies that are
            empowered or enabled by artificial intelligence, including an
            identification of the responsibilities of agency officials
            managing the use of such technology;
                (2) recommend approaches to remove barriers for use by
            agencies of artificial intelligence technologies in order to
            promote the innovative application of those technologies while
            protecting civil liberties, civil rights, and economic and
            national security;
                (3) identify best practices for identifying, assessing, and
            mitigating any discriminatory impact or bias on the basis of
            any classification protected under Federal nondiscrimination
            laws, or any unintended consequence of the use of artificial
            intelligence, including policies to identify data used to train
            artificial intelligence algorithms as well as the data analyzed
            by artificial intelligence used by the agencies; and
                (4) provide a template of the required contents of the
            agency plans described in subsection (c).
        (b) Public Comment.--To help ensure public trust in the
    applications of artificial intelligence technologies, the Director
    shall issue a draft version of the memorandum required under subsection
    (a) for public comment not later than 180 days after date of enactment
    of this Act.
        (c) Plans.--Not later than 180 days after the date on which the
    Director issues the memorandum required under subsection (a) or an
    update to the memorandum required under subsection (d), the head of
    each agency shall submit to the Director and post on a publicly
    available page on the website of the agency--
                (1) a plan to achieve consistency with the memorandum; or
                (2) a written determination that the agency does not use
            and does not anticipate using artificial intelligence.
        (d) Updates.--Not later than 2 years after the date on which the
    Director issues the memorandum required under subsection (a), and every
    2 years thereafter for 10 years, the Director shall issue updates to
    the memorandum.

    SEC. 105. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL INTELLIGENCE.

        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, and in accordance with chapter 51 of title 5,
    United States Code, the Director of the Office of Personnel Management
    shall--
                (1) identify key skills and competencies needed for
            positions related to artificial intelligence;
                (2) establish an occupational series, or update and improve
            an existing occupational job series, to include positions the
            primary duties of which relate to artificial intelligence;
                (3) to the extent appropriate, establish an estimate of the
            number of Federal employees in positions related to artificial
            intelligence, by each agency; and
                (4) using the estimate established in paragraph (3),
            prepare a 2-year and 5-year forecast of the number of Federal
            employees in positions related to artificial intelligence that
            each agency will need to employ.
        (b) Plan.--Not later than 120 days after the date of enactment of
    this Act, the Director of the Office of Personnel Management shall
    submit to the Committee on Homeland Security and Governmental Affairs
    of the Senate and the Committee on Oversight and Reform of the House of
    Representatives a comprehensive plan with a timeline to complete
    requirements described in subsection (a).

            TITLE II--DHS OVERSEAS PERSONNEL ENHANCEMENT ACT OF 2019

    SEC. 201. SHORT TITLE.

        This title may be cited as the ``DHS Overseas Personnel Enhancement
    Act of 2019''.

    SEC. 202. OVERSEAS PERSONNEL BRIEFING.

        (a) In General.--Not later than 90 days after submission of the
    comprehensive 3-year strategy required under section 1910 of the
    National Defense Authorization Act for Fiscal Year 2017 (Public Law
    114-328) and annually thereafter, the Secretary shall brief the
    Committee on Homeland Security of the House of Representatives and the
    Committee on Homeland Security and Governmental Affairs of the Senate
    regarding Department personnel with primary duties that take place
    outside of the United States.
        (b) Requirements.--The briefings required under subsection (a)
    shall include the following:
                (1) A detailed summary of, and deployment schedule for,
            each type of personnel position with primary duties that take
            place outside of the United States and how each such position
            contributes to the Department's mission.
                (2) Information related to how the geographic and regional
            placement of such positions contributes to the Department's
            mission.
                (3) Information related to any risk mitigation plans for
            each geographic and regional placement, including to address
            counter-intelligence risks.
                (4) Information regarding the costs of deploying or
            maintaining personnel at each geographic and regional
            placement, including information on any cost-sharing agreement
            with foreign partners to cover a portion or all the costs
            relating to such deployment or maintenance.
                (5) Information on guidance and practices to guard against
            counter-espionage and counter-intelligence threats, including
            cyber threats, associated with Department personnel.
                (6) Information regarding trends in foreign efforts to
            influence such personnel while deployed overseas to contribute
            to the Department's mission.
                (7) Information related to the position-specific training
            received by such personnel before and during placement at a
            foreign location.
                (8) Challenges that may impede the communication of
            counterterrorism information between Department personnel at
            foreign locations and Department entities in the United States,
            including technical, resource, and administrative challenges.
                (9) The status of efforts to implement the strategy
            referred to in subsection (a).
                (10) The status of efforts (beginning with the second
            briefing required under this section) to implement the
            enhancement plan under section 203.

    SEC. 203. OVERSEAS PERSONNEL ENHANCEMENT PLAN.

        (a) In General.--Not later than 90 days after the first briefing
    required under section 202, the Secretary shall submit to the Committee
    on Homeland Security of the House of Representatives and the Committee
    on Homeland Security and Governmental Affairs of the Senate a plan to
    enhance the effectiveness of Department personnel at foreign locations.
        (b) Plan Requirements.--The plan required under subsection (a)
    shall include proposals to--
                (1) improve efforts of Department personnel at foreign
            locations, as necessary, for purposes of providing foreign
            partner capacity development and furthering the Department's
            mission;
                (2) as appropriate, redeploy Department personnel to
            respond to changing threats to the United States, consistent
            with the limits on the resources of the Department;
                (3) enhance collaboration among Department personnel at
            foreign locations, other Federal personnel at foreign
            locations, and foreign partners;
                (4) improve the communication of information between
            Department personnel at foreign locations and Department
            entities in the United States, including to address technical,
            resource, and administrative challenges; and
                (5) maintain practices to guard against counter-espionage
            threats associated with Department personnel.

    SEC. 204. TERMINATION.

        The briefing requirement under section 202 shall terminate on the
    date that is 4 years after the submission of the strategy referred to
    in subsection (a) of such section.

    SEC. 205. DEFINITIONS.

        In this Act--
                (1) the term ``Department'' means the Department of
            Homeland Security; and
                (2) the term ``Secretary'' means the Secretary of Homeland
            Security.

        TITLE III--SYNTHETIC OPIOID EXPOSURE PREVENTION AND TRAINING ACT

    SEC. 301. SHORT TITLE.

        This title may be cited as the ``Synthetic Opioid Exposure
    Prevention and Training Act''.

    SEC. 302. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID EXPOSURE WITHIN
                  U.S. CUSTOMS AND BORDER PROTECTION.

        (a) In General.--Subtitle B of title IV of the Homeland Security
    Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after
    section 415 the following new section:

    ``SEC. 416. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID EXPOSURE.

        ``(a) In General.--The Commissioner of U.S. Customs and Border
    Protection shall issue a policy that specifies effective protocols and
    procedures for the safe handling of potential synthetic opioids,
    including fentanyl, by U.S. Customs and Border Protection officers,
    agents, other personnel, and canines, and to reduce the risk of injury
    or death resulting from accidental exposure and enhance post-exposure
    management.
        ``(b) Training.--
                ``(1) In general.--Together with the issuance of the policy
            described in subsection (a), the Commissioner of U.S. Customs
            and Border Protection shall require mandatory and recurrent
            training on the following:
                        ``(A) The potential risk of opioid exposure and
                    safe handling procedures for potential synthetic
                    opioids, including precautionary measures such as the
                    use of personal protective equipment during such
                    handling.
                        ``(B) How to access and administer opioid receptor
                    antagonists, including naloxone, post-exposure to
                    potential synthetic opioids.
                ``(2) Integration.--The training described in paragraph (1)
            may be integrated into existing training under section 411(l)
            for U.S. Customs and Border Protection officers, agents, and
            other personnel.
        ``(c) Personal Protective Equipment and Opioid Receptor
    Antagonists.--Together with the issuance of the policy described in
    subsection (a), the Commissioner of U.S. Customs and Border Protection
    shall ensure the availability of personal protective equipment and
    opioid receptor antagonists, including naloxone, to all U.S. Customs
    and Border Protection officers, agents, other personnel, and canines at
    risk of accidental exposure to synthetic opioids.
        ``(d) Oversight.--To ensure effectiveness of the policy described
    in subsection (a)--
                ``(1) the Commissioner of U.S. Customs and Border
            Protection shall regularly monitor the efficacy of the
            implementation of such policy and adjust protocols and
            procedures, as necessary; and
                ``(2) the Inspector General of the Department shall audit
            compliance with the requirements of this section not less than
            once during the 3-year period after the date of the enactment
            of this section.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    the Homeland Security Act of 2002 is amended by inserting after the
    item relating to section 415 the following new item:

    ``Sec. 416. Protection against potential synthetic opioid exposure.''.

      TITLE IV--CONSTRUCTION CONSENSUS PROCUREMENT IMPROVEMENT ACT OF 2020

    SEC. 401. SHORT TITLE.

        This title may be cited as the ``Construction Consensus Procurement
    Improvement Act of 2020''.

    SEC. 402. PROHIBITION ON USE OF A REVERSE AUCTION FOR THE AWARD OF A
                  CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES.

        (a) Finding.--Congress finds that, in contrast to a traditional
    auction in which the buyers bid up the price, sellers bid down the
    price in a reverse auction.
        (b) Prohibition.--Not later than 180 days after the date of the
    enactment of this Act, the Federal Acquisition Regulation shall be
    amended to prohibit the use of reverse auctions for awarding contracts
    for design and construction services.
        (c) Definitions.--In this section:
                (1) The term ``design and construction services'' means--
                        (A) site planning and landscape design;
                        (B) architectural and engineering services (as
                    defined in section 1102 of title 40, United States
                    Code);
                        (C) interior design;
                        (D) performance of substantial construction work
                    for facility, infrastructure, and environmental
                    restoration projects;
                        (E) delivery and supply of construction materials
                    to construction sites; or
                        (F) construction or substantial alteration of
                    public buildings or public works.
                (2) The term ``reverse auction'' means, with respect to any
            procurement by an executive agency--
                        (A) a real-time auction conducted through an
                    electronic medium among 2 or more offerors who compete
                    by submitting bids for a supply or service contract, or
                    a delivery order, task order, or purchase order under
                    the contract, with the ability to submit revised lower
                    bids at any time before the closing of the auction; and
                        (B) the award of the contract, delivery order, task
                    order, or purchase order to the offeror is solely based
                    on the price obtained through the auction process.

                             TITLE V--OVERSIGHT.GOV

    SEC. 501. ESTABLISHMENT AND MAINTENANCE OF OVERSIGHT.GOV; AUTHORIZATION
                  OF FUNDS.

        (a) In General.--Section 11 of the Inspector General Act of 1978 (5
    U.S.C. App.) is amended by adding at the end the following:
        ``(e) Oversight.gov.--
                ``(1) Definition.--In this subsection, the term `Office of
            Inspector General' means the Office of--
                        ``(A) an Inspector General described in
                    subparagraph (A), (B), or (I) of subsection (b)(1);
                        ``(B) the Special Inspector General for Afghanistan
                    Reconstruction established under section 1229 of the
                    National Defense Authorization Act for Fiscal Year 2008
                    (Public Law 110-181; 122 Stat. 379);
                        ``(C) the Special Inspector General for the
                    Troubled Asset Relief Plan established under section
                    121 of title I of the Emergency Economic Stabilization
                    Act of 2008 (12 U.S.C. 5231); and
                        ``(D) the Special Inspector General for Pandemic
                    Recovery established under section 4018 of the CARES
                    Act (15 U.S.C. 9053).
                ``(2) Establishment.--The Council shall establish and
            maintain a website entitled `oversight.gov'--
                        ``(A) to consolidate all public reports from each
                    Office of Inspector General to improve the access of
                    the public to any audit report, inspection report, or
                    evaluation report (or portion of any such report) made
                    by an Office of Inspector General; and
                        ``(B) that shall include any additional resources,
                    information, and enhancements as the Council determines
                    are necessary or desirable.
                ``(3) Participation of offices of inspectors general.--Each
            Office of Inspector General that publishes an audit report,
            inspection report, or evaluation report (or portion of any such
            report) on the website of the Office of Inspector General
            shall, or in the case of the office of an Inspector General
            described in subparagraph (I) of subsection (b)(1) may,
            contemporaneously publish the report or portion thereof on
            oversight.gov in a manner prescribed by the Council.''.
        (b) Authorization of Appropriations.--For the purposes of carrying
    out the mission of the Council of the Inspectors General on Integrity
    and Efficiency under section 11 of the Inspector General Act of 1978 (5
    U.S.C. App.), as amended by subsection (a), there are authorized to be
    appropriated into the revolving fund described in subsection (c)(3)(B)
    of such section $3,500,000 for fiscal year 2021, to remain available
    until expended, to carry out the duties and functions of the Council.
        (c) Effective Date.--This Act and the amendments made by this Act
    shall take effect on the date that is 30 days after the date of receipt
    by the Council of the Inspectors General on Integrity and Efficiency of
    an appropriation for the implementation of this Act.

              TITLE VI--COUNTER THREATS ADVISORY BOARD ACT OF 2019

    SEC. 601. SHORT TITLE.

        This title may be cited as the ``Counter Threats Advisory Board Act
    of 2019''.

    SEC. 602. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS ADVISORY
                  BOARD.

        (a) In General.--Subtitle A of title II of the Homeland Security
    Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after
    section 210E the following:

    ``SEC. 210F. DEPARTMENTAL COORDINATION ON COUNTER THREATS.

        ``(a) Establishment.--There is authorized in the Department, for a
    period of 2 years beginning after the date of enactment of this
    section, a Counter Threats Advisory Board (in this section referred to
    as the `Board') which shall--
                ``(1) be composed of senior representatives of departmental
            operational components and headquarters elements; and
                ``(2) coordinate departmental intelligence activities and
            policy and information related to the mission and functions of
            the Department that counter threats.
        ``(b) Charter.--There shall be a charter to govern the structure
    and mission of the Board, which shall--
                ``(1) direct the Board to focus on the current threat
            environment and the importance of aligning departmental
            activities to counter threats under the guidance of the
            Secretary; and
                ``(2) be reviewed and updated as appropriate.
        ``(c) Members.--
                ``(1) In general.--The Board shall be composed of senior
            representatives of departmental operational components and
            headquarters elements.
                ``(2) Chair.--The Under Secretary for Intelligence and
            Analysis shall serve as the Chair of the Board.
                ``(3) Members.--The Secretary shall appoint additional
            members of the Board from among the following:
                        ``(A) The Transportation Security Administration.
                        ``(B) U.S. Customs and Border Protection.
                        ``(C) U.S. Immigration and Customs Enforcement.
                        ``(D) The Federal Emergency Management Agency.
                        ``(E) The Coast Guard.
                        ``(F) U.S. Citizenship and Immigration Services.
                        ``(G) The United States Secret Service.
                        ``(H) The Cybersecurity and Infrastructure Security
                    Agency.
                        ``(I) The Office of Operations Coordination.
                        ``(J) The Office of the General Counsel.
                        ``(K) The Office of Intelligence and Analysis.
                        ``(L) The Office of Strategy, Policy, and Plans.
                        ``(M) The Science and Technology Directorate.
                        ``(N) The Office for State and Local Law
                    Enforcement.
                        ``(O) The Privacy Office.
                        ``(P) The Office for Civil Rights and Civil
                    Liberties.
                        ``(Q) Other departmental offices and programs as
                    determined appropriate by the Secretary.
        ``(d) Meetings.--The Board shall--
                ``(1) meet on a regular basis to discuss intelligence and
            coordinate ongoing threat mitigation efforts and departmental
            activities, including coordination with other Federal, State,
            local, tribal, territorial, and private sector partners; and
                ``(2) make recommendations to the Secretary.
        ``(e) Terrorism Alerts.--The Board shall advise the Secretary on
    the issuance of terrorism alerts under section 203.
        ``(f) Prohibition on Additional Funds.--No additional funds are
    authorized to carry out this section.''.
        (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 item relating to
    section 210E the following:

    ``Sec. 210F. Departmental coordination on counter threats.''.
        (c) Report.--Not later than 90 days after the date of enactment of
    this Act, the Secretary of Homeland Security, acting through the Chair
    of the Counter Threats Advisory Board established under section 210F of
    the Homeland Security Act of 2002, as added by subsection (a), 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 status and activities of the Counter
    Threats Advisory Board.
        (d) Notice.--The Secretary of Homeland Security shall provide
    written notification to and brief the Committee on Homeland Security
    and Governmental Affairs of the Senate and the Committee on Homeland
    Security of the House of Representatives on any changes to or
    introductions of new mechanisms to coordinate threats across the
    Department of Homeland Security.

      TITLE VII--DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT

    SEC. 701. DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT.

        (a) Short Title.--This title may be cited as the ``DHS Countering
    Unmanned Aircraft Systems Coordinator Act''.
        (b) Countering Unmanned Aircraft Systems Coordinator.--
                (1) In general.--Title III of the Homeland Security Act of
            2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the
            following new section:

    ``SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.

        ``(a) Coordinator.--
                ``(1) In general.--The Secretary shall designate an
            individual in a Senior Executive Service position (as defined
            in section 3132 of title 5, United States Code) of the
            Department within the Office of Strategy, Policy, and Plans as
            the Countering Unmanned Aircraft Systems Coordinator (in this
            section referred to as the `Coordinator') and provide
            appropriate staff to carry out the responsibilities of the
            Coordinator.
                ``(2) Responsibilities.--The Coordinator shall--
                        ``(A) oversee and coordinate with relevant
                    Department offices and components, including the Office
                    of Civil Rights and Civil Liberties and the Privacy
                    Office, on the development of guidance and regulations
                    to counter threats associated with unmanned aircraft
                    systems (in this section referred to as `UAS') as
                    described in section 210G;
                        ``(B) promote research and development of counter
                    UAS technologies in coordination within the Science and
                    Technology Directorate;
                        ``(C) coordinate with the relevant components and
                    offices of the Department, including the Office of
                    Intelligence and Analysis, to ensure the sharing of
                    information, guidance, and intelligence relating to
                    countering UAS threats, counter UAS threat assessments,
                    and counter UAS technology, including the retention of
                    UAS and counter UAS incidents within the Department;
                        ``(D) serve as the Department liaison, in
                    coordination with relevant components and offices of
                    the Department, to the Department of Defense, Federal,
                    State, local, and Tribal law enforcement entities, and
                    the private sector regarding the activities of the
                    Department relating to countering UAS;
                        ``(E) maintain the information required under
                    section 210G(g)(3); and
                        ``(F) carry out other related counter UAS
                    authorities and activities under section 210G, as
                    directed by the Secretary.
        ``(b) Coordination With Applicable Federal Laws.--The Coordinator
    shall, in addition to other assigned duties, coordinate with relevant
    Department components and offices to ensure testing, evaluation, or
    deployment of a system used to identify, assess, or defeat a UAS is
    carried out in accordance with applicable Federal laws.
        ``(c) Coordination With Private Sector.--The Coordinator shall,
    among other assigned duties, working with the Office of Partnership and
    Engagement and other relevant Department offices and components, or
    other Federal agencies, as appropriate, serve as the principal
    Department official responsible for sharing to the private sector
    information regarding counter UAS technology, particularly information
    regarding instances in which counter UAS technology may impact lawful
    private sector services or systems.''.
                (2) 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 item relating to section 320 the following:

    ``Sec. 321. Countering Unmanned Aircraft Systems Coordinator.''.

                      TITLE VIII--WHISTLEBLOWER PROTECTION

    SEC. 801. PROTECTION AGAINST REPRISAL FOR FEDERAL SUBGRANTEE EMPLOYEES.

        Section 4712 of title 41, United States Code, is amended--
                (1) in subsection (a)(2)(G), by striking ``or grantee'' and
            inserting ``grantee, or subgrantee'';
                (2) in subsection (a)(3)(A), by striking ``contractor,
            subcontractor, or grantee'' and inserting ``contractor,
            subcontractor, grantee, or subgrantee'';
                (3) in subsection (b)(1), by striking ``contractor or
            grantee'' and inserting ``contractor, subcontractor, grantee,
            or subgrantee'';
                (4) in subsection (c), by striking ``contractor or
            grantee'' each place it appears and inserting ``contractor,
            subcontractor, grantee, or subgrantee'';
                (5) in subsection (d), by striking ``and grantees'' and
            inserting ``grantees, and subgrantees''; and
                (6) in subsection (f), by striking ``or grantee'' each
            place it appears and inserting ``grantee, or subgrantee''.

                          TITLE IX--DOTGOV ACT OF 2020

    SEC. 901. SHORT TITLE.

        This title may be cited as the ``DOTGOV Online Trust in Government
    Act of 2020'' or the ``DOTGOV Act of 2020''.

    SEC. 902. FINDINGS.

        Congress finds that--
                (1) the .gov internet domain reflects the work of United
            States innovators in inventing the internet and the role that
            the Federal Government played in guiding the development and
            success of the early internet;
                (2) the .gov internet domain is a unique resource of the
            United States that reflects the history of innovation and
            global leadership of the United States;
                (3) when online public services and official communications
            from any level and branch of government use the .gov internet
            domain, they are easily recognized as official and difficult to
            impersonate;
                (4) the citizens of the United States deserve online public
            services that are safe, recognizable, and trustworthy;
                (5) the .gov internet domain should be available at no cost
            or a negligible cost to any Federal, State, local, or
            territorial government-operated or publicly controlled entity,
            including any Tribal government recognized by the Federal
            Government or a State government, for use in their official
            services, operations, and communications;
                (6) the .gov internet domain provides a critical service to
            those Federal, State, local, Tribal, and territorial
            governments; and
                (7) the .gov internet domain should be operated
            transparently and in the spirit of public accessibility,
            privacy, and security.

    SEC. 903. DEFINITIONS.

        In this Act--
                (1) the term ``Administrator'' means the Administrator of
            General Services;
                (2) the term ``agency'' has the meaning given the term in
            section 3502 of title 44, United States Code;
                (3) the term ``Director'' means the Director of the
            Cybersecurity and Infrastructure Security Agency;
                (4) the term ``online service'' means any internet-facing
            service, including a website, email, a virtual private network,
            or a custom application; and
                (5) the term ``State'' means any State of the United
            States, the District of Columbia, the Commonwealth of Puerto
            Rico, the Virgin Islands, Guam, American Samoa, the
            Commonwealth of the Northern Mariana Islands, and any
            possession of the United States.

    SEC. 904. DUTIES OF DEPARTMENT OF HOMELAND SECURITY.

        (a) Purpose.--The purpose of the .gov internet domain program is
    to--
                (1) legitimize and enhance public trust in government
            entities and their online services;
                (2) facilitate trusted electronic communication and
            connections to and from government entities;
                (3) provide simple and secure registration of .gov internet
            domains;
                (4) improve the security of the services hosted within
            these .gov internet domains, and of the .gov namespace in
            general; and
                (5) enable the discoverability of government services to
            the public and to domain registrants.
        (b) Duties and Authorities Relating to the .gov Internet Domain.--
                (1) In general.--Subtitle A of title XXII of the Homeland
            Security Act (6 U.S.C. 651 et seq.) is amended--
                        (A) in section 2202(c) (6 U.S.C. 652(c))--
                                (i) in paragraph (10), by striking ``and''
                            at the end;
                                (ii) by redesignating paragraph (11) as
                            paragraph (12); and
                                (iii) by inserting after paragraph (10) the
                            following:
                ``(11) carry out the duties and authorities relating to the
            .gov internet domain, as described in section 2215; and''; and
                        (B) by adding at the end the following:

    ``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET DOMAIN.

        ``(a) Definition.--In this section, the term `agency' has the
    meaning given the term in section 3502 of title 44, United States Code.
        ``(b) Availability of .gov Internet Domain.--The Director shall
    make .gov internet domain name registration services, as well as any
    supporting services described in subsection (e), generally available--
                ``(1) to any Federal, State, local, or territorial
            government entity, or other publicly controlled entity,
            including any Tribal government recognized by the Federal
            Government or a State government, that complies with the
            requirements for registration developed by the Director as
            described in subsection (c);
                ``(2) without conditioning registration on the sharing of
            any information with the Director or any other Federal entity,
            other than the information required to meet the requirements
            described in subsection (c); and
                ``(3) without conditioning registration on participation in
            any separate service offered by the Director or any other
            Federal entity.
        ``(c) Requirements.--The Director, with the approval of the
    Director of the Office of Management and Budget for agency .gov
    internet domain requirements and in consultation with the Director of
    the Office of Management and Budget for .gov internet domain
    requirements for entities that are not agencies, shall establish and
    publish on a publicly available website requirements for the
    registration and operation of .gov internet domains sufficient to--
                ``(1) minimize the risk of .gov internet domains whose
            names could mislead or confuse users;
                ``(2) establish that .gov internet domains may not be used
            for commercial or political campaign purposes;
                ``(3) ensure that domains are registered and maintained
            only by authorized individuals; and
                ``(4) limit the sharing or use of any information obtained
            through the administration of the .gov internet domain with any
            other Department component or any other agency for any purpose
            other than the administration of the .gov internet domain, the
            services described in subsection (e), and the requirements for
            establishing a .gov inventory described in subsection (h).
        ``(d) Executive Branch.--
                ``(1) In general.--The Director of the Office of Management
            and Budget shall establish applicable processes and guidelines
            for the registration and acceptable use of .gov internet
            domains by agencies.
                ``(2) Approval required.--The Director shall obtain the
            approval of the Director of the Office of Management and Budget
            before registering a .gov internet domain name for an agency.
                ``(3) Compliance.--Each agency shall ensure that any
            website or digital service of the agency that uses a .gov
            internet domain is in compliance with the 21st Century IDEA Act
            (44 U.S.C. 3501 note) and implementation guidance issued
            pursuant to that Act.
        ``(e) Supporting Services.--
                ``(1) In general.--The Director may provide services to the
            entities described in subsection (b)(1) specifically intended
            to support the security, privacy, reliability, accessibility,
            and speed of registered .gov internet domains.
                ``(2) Rule of construction.--Nothing in paragraph (1) shall
            be construed to--
                        ``(A) limit other authorities of the Director to
                    provide services or technical assistance to an entity
                    described in subsection (b)(1); or
                        ``(B) establish new authority for services other
                    than those the purpose of which expressly supports the
                    operation of .gov internet domains and the needs of
                    .gov internet domain registrants.
        ``(f) Fees.--
                ``(1) In general.--The Director may provide any service
            relating to the availability of the .gov internet domain
            program, including .gov internet domain name registration
            services described in subsection (b) and supporting services
            described in subsection (e), to entities described in
            subsection (b)(1) with or without reimbursement, including
            variable pricing.
                ``(2) Limitation.--The total fees collected for new .gov
            internet domain registrants or annual renewals of .gov internet
            domains shall not exceed the direct operational expenses of
            improving, maintaining, and operating the .gov internet domain,
            .gov internet domain services, and .gov internet domain
            supporting services.
        ``(g) Consultation.--The Director shall consult with the Director
    of the Office of Management and Budget, the Administrator of General
    Services, other civilian Federal agencies as appropriate, and entities
    representing State, local, Tribal, or territorial governments in
    developing the strategic direction of the .gov internet domain and in
    establishing requirements under subsection (c), in particular on
    matters of privacy, accessibility, transparency, and technology
    modernization.
        ``(h) .gov Inventory.--
                ``(1) In general.--The Director shall, on a continuous
            basis--
                        ``(A) inventory all hostnames and services in
                    active use within the .gov internet domain; and
                        ``(B) provide the data described in subparagraph
                    (A) to domain registrants at no cost.
                ``(2) Requirements.--In carrying out paragraph (1)--
                        ``(A) data may be collected through analysis of
                    public and non-public sources, including commercial
                    data sets;
                        ``(B) the Director shall share with Federal and
                    non-Federal domain registrants all unique hostnames and
                    services discovered within the zone of their registered
                    domain;
                        ``(C) the Director shall share any data or
                    information collected or used in the management of the
                    .gov internet domain name registration services
                    relating to Federal executive branch registrants with
                    the Director of the Office of Management and Budget for
                    the purpose of fulfilling the duties of the Director of
                    the Office of Management and Budget under section 3553
                    of title 44, United States Code;
                        ``(D) the Director shall publish on a publicly
                    available website discovered hostnames that describe
                    publicly accessible agency websites, to the extent
                    consistent with the security of Federal information
                    systems but with the presumption of disclosure;
                        ``(E) the Director may publish on a publicly
                    available website any analysis conducted and data
                    collected relating to compliance with Federal mandates
                    and industry best practices, to the extent consistent
                    with the security of Federal information systems but
                    with the presumption of disclosure; and
                        ``(F) the Director shall--
                                ``(i) collect information on the use of
                            non-.gov internet domain suffixes by agencies
                            for their official online services;
                                ``(ii) collect information on the use of
                            non-.gov internet domain suffixes by State,
                            local, Tribal, and territorial governments; and
                                ``(iii) publish the information collected
                            under clause (i) on a publicly available
                            website to the extent consistent with the
                            security of the Federal information systems,
                            but with the presumption of disclosure.
                ``(3) National security coordination.--
                        ``(A) In general.--In carrying out this subsection,
                    the Director shall inventory, collect, and publish
                    hostnames and services in a manner consistent with the
                    protection of national security information.
                        ``(B) Limitation.--The Director may not inventory,
                    collect, or publish hostnames or services under this
                    subsection if the Director, in coordination with other
                    heads of agencies, as appropriate, determines that the
                    collection or publication would--
                                ``(i) disrupt a law enforcement
                            investigation;
                                ``(ii) endanger national security or
                            intelligence activities;
                                ``(iii) impede national defense activities
                            or military operations; or
                                ``(iv) hamper security remediation actions.
                ``(4) Strategy.--Not later than 180 days after the date of
            enactment of this section, the Director shall develop and
            submit to the Committee on Homeland Security and Governmental
            Affairs and the Committee on Rules and Administration of the
            Senate and the Committee on Homeland Security, the Committee on
            Oversight and Reform, and the Committee on House Administration
            of the House of Representatives a strategy to utilize the
            information collected under this subsection for countering
            malicious cyber activity.''.
                (2) Additional duties.--
                        (A) Outreach strategy.--Not later than 1 year after
                    the date of enactment of this Act, the Director, in
                    consultation with the Administrator and entities
                    representing State, local, Tribal, or territorial
                    governments, shall develop and submit to the Committee
                    on Homeland Security and Governmental Affairs and the
                    Committee on Rules and Administration of the Senate and
                    the Committee on Homeland Security, the Committee on
                    Oversight and Reform, and the Committee on House
                    Administration of the House of Representatives an
                    outreach strategy to local, Tribal, and territorial
                    governments and other publicly controlled entities as
                    determined by the Director to inform and support
                    migration to the .gov internet domain, which shall
                    include--
                                (i) stakeholder engagement plans; and
                                (ii) information on how migrating
                            information technology systems to the .gov
                            internet domain is beneficial to that entity,
                            including benefits relating to cybersecurity
                            and the supporting services offered by the
                            Federal Government.
                        (B) Reference guide.--Not later than 1 year after
                    the date of enactment of this Act, the Director, in
                    consultation with the Administrator and entities
                    representing State, local, Tribal, or territorial
                    governments, shall develop and publish on a publicly
                    available website a reference guide for migrating
                    online services to the .gov internet domain, which
                    shall include--
                                (i) process and technical information on
                            how to carry out a migration of common
                            categories of online services, such as web and
                            email services;
                                (ii) best practices for cybersecurity
                            pertaining to registration and operation of a
                            .gov internet domain; and
                                (iii) references to contract vehicles and
                            other private sector resources vetted by the
                            Director that may assist in performing the
                            migration.
                        (C) Security enhancement plan.--Not later than 1
                    year after the date of enactment of this Act, the
                    Director shall develop and submit to the Committee on
                    Homeland Security and Governmental Affairs and the
                    Committee on Rules and Administration of the Senate and
                    the Committee on Homeland Security, the Committee on
                    Oversight and Reform, and the Committee on House
                    Administration of the House of Representatives a .gov
                    internet domain security enhancement strategy and
                    implementation plan on how to improve the cybersecurity
                    benefits of the .gov internet domain during the 5-year
                    period following the date of enactment of this Act,
                    which shall include--
                                (i) a modernization plan for the
                            information systems that support operation of
                            the .gov top-level internet domain, such as the
                            registrar portal, and how these information
                            systems will remain current with evolving
                            security trends;
                                (ii) a modernization plan for the structure
                            of the .gov program and any supporting
                            contracts, and how the program and contracts
                            can remain flexible over time so as to take
                            advantage of emerging technology and
                            cybersecurity developments; and
                                (iii) an outline of specific security
                            enhancements the .gov program intends to
                            provide to users during that 5-year period.
                (3) Technical and conforming amendment.--The table of
            contents in section 1(b) of the Homeland Security Act of 2002
            (Public Law 107-196; 116 Stat. 2135) is amended by inserting
            after the item relating to section 2214 the following:

    ``Sec. 2215. Duties and authorities relating to .gov internet
                                domain.''.
        (c) Homeland Security Grants.--Section 2008(a) of the Homeland
    Security Act of 2002 (6 U.S.C. 609(a)) is amended--
                (1) in paragraph (13), by striking ``and'' at the end;
                (2) by redesignating paragraph (14) as paragraph (15); and
                (3) by inserting after paragraph (13) the following:
                ``(14) migrating any online service (as defined in section
            3 of the DOTGOV Online Trust in Government Act of 2020) to the
            .gov internet domain; and''.

    SEC. 905. REPORT.

        Not later than 1 year after the date of enactment of this Act, and
    every 2 years thereafter for 4 years, the Director shall submit a
    report to or conduct a detailed briefing for the Committee on Homeland
    Security and Governmental Affairs and the Committee on Rules and
    Administration of the Senate and the Committee on Homeland Security,
    the Committee on Oversight and Reform, and the Committee on House
    Administration of the House of Representatives on the status of--
                (1) the outreach strategy described in section
            904(b)(2)(A);
                (2) the security enhancement strategy and implementation
            plan described in section 904(b)(2)(C);
                (3) the inventory described in 2215(f) of the Homeland
            Security Act of 2002, as added by section 904(b) of this Act;
                (4) the supporting services described in section 2215(c)(1)
            of the Homeland Security Act of 2002, as added by section
            904(b) of this Act; and
                (5) the development, assessment, and determination of the
            amount of any fees imposed on new .gov internet domain
            registrants or annual renewals of .gov internet domains in
            accordance with section 2215(d) of the Homeland Security Act of
            2002, as added by section 904(b) of this Act.

    SEC. 906. RESEARCH AND DEVELOPMENT.

        Not later than 1 year after the date of enactment of this Act, the
    Under Secretary for Science and Technology of the Department shall
    conduct a study and submit to the Director a report on mechanisms for
    improving the cybersecurity benefits of the .gov internet domain,
    including--
                (1) how information systems support operation of the .gov
            top-level internet domain, such as the registrar portal, and
            how these information systems can remain current with evolving
            security trends;
                (2) how the structure of the .gov internet domain program
            can take advantage of emerging technology and cybersecurity
            developments; and
                (3) additional mechanisms to improve the cybersecurity of
            the .gov internet domain.

    SEC. 907. TRANSITION.

        (a) There shall be transferred to the Director the .gov internet
    domain program, as operated by the General Services Administration
    under title 41, Code of Federal Regulations, on the date on which the
    Director begins operational administration of the .gov internet domain
    program, in accordance with subsection (c).
        (b) Not later than 30 days after the date of enactment of this Act,
    the Director shall submit a plan for the operational and contractual
    transition of the .gov internet domain program to the Committee on
    Homeland Security and Governmental Affairs and the Committee on Rules
    and Administration of the Senate and the Committee on Homeland
    Security, the Committee on Oversight and Reform, and the Committee on
    House Administration of the House of Representatives.
        (c) Not later than 120 days after the date of enactment of this
    Act, the Director shall begin operationally administering the .gov
    internet domain program, and shall publish on a publicly available
    website the requirements for domain registrants as described in section
    2215(b) of the Homeland Security Act of 2002, as added by section
    904(b) of this Act.
        (d) On the date on which the Director begins operational
    administration of the .gov internet domain program, in accordance with
    subsection (c), the Administrator shall rescind the requirements in
    part 102-173 of title 41, Code of Federal Regulations.
        (e) During the 5-year period beginning on the date of enactment of
    this Act, any fee charged to entities that are not agencies for new
    .gov internet domain registrants or annual renewals of .gov internet
    domains shall be not more than the amount of the fee charged for such
    registration or renewal as of October 1, 2019.

                       TITLE X--REAL ID MODERNIZATION ACT

    SEC. 1001. REAL ID MODERNIZATION.

        (a) Short Title.--This title may be cited as the ``REAL ID
    Modernization Act''.
        (b) REAL ID Act Amendments.--
                (1) Definitions.--Section 201 of the REAL ID Act of 2005
            (division B of Public Law 109-13; 49 U.S.C. 30301 note) is
            amended--
                        (A) in paragraph (1)--
                                (i) by striking ``The term `driver's
                            license' means'' and inserting the following:
                            ``The term `driver's license'--
                        ``(A) means''; and
                                (ii) by striking ``Code.'' and inserting
                            the following: ``Code; and
                        ``(B) includes driver's licenses stored or accessed
                    via electronic means, such as mobile or digital
                    driver's licenses, which have been issued in accordance
                    with regulations prescribed by the Secretary.''; and
                        (B) in paragraph (2)--
                                (i) by striking ``The term `identification
                            card' means'' and inserting the following:
                            ``The term `identification card'--
                        ``(A) means''; and
                                (ii) by striking ``State.'' and inserting
                            the following: ``State; and
                        ``(B) includes identification cards stored or
                    accessed via electronic means, such as mobile or
                    digital identification cards, which have been issued in
                    accordance with regulations prescribed by the
                    Secretary.''.
                (2) Minimum requirements for federal recognition.--Section
            202 of the REAL ID Act of 2005 (division B of Public Law 109-
            13; 49 U.S.C. 30301 note) is amended--
                        (A) in the section heading, by striking
                    ``document'';
                        (B) in subsection (a)--
                                (i) in paragraph (2), by striking ``, in
                            consultation with the Secretary of
                            Transportation,''; and
                                (ii) by adding at the end the following:
                ``(3) Limitation.--The presentation of digital information
            from a mobile or digital driver's license or identification
            card to an official of a Federal agency for an official purpose
            may not be construed to grant consent for such Federal agency
            to seize the electronic device on which the license or card is
            stored or to examine any other information contained on such
            device.'';
                        (C) in subsection (b)--
                                (i) in the subsection heading, by striking
                            ``Document'' and inserting ``Driver's License
                            and Identification Card'';
                                (ii) in the matter preceding paragraph (1),
                            by inserting ``, or as part of,'' after
                            ``features on'';
                                (iii) in paragraph (5), by inserting ``,
                            which may be the photograph taken by the State
                            at the time the person applies for a driver's
                            license or identification card or may be a
                            digital photograph of the person that is
                            already on file with the State'' before the
                            period at the end;
                                (iv) in paragraph (6), by striking
                            ``principle'' and inserting ``principal''; and
                                (v) in paragraph (8)--
                                        (I) by striking ``Physical
                                    security'' and inserting ``Security'';
                                    and
                                        (II) by striking ``document'' and
                                    inserting ``driver's license or
                                    identification card'';
                        (D) in subsection (c)--
                                (i) in paragraph (1)(C), by striking
                            ``Proof of the'' and inserting ``The'';
                                (ii) by redesignating paragraph (3) as
                            paragraph (4);
                                (iii) by inserting after paragraph (2) the
                            following:
                ``(3) Electronic presentation of identity and lawful status
            information.--A State may accept information required under
            paragraphs (1) and (2) through the use of electronic
            transmission methods if--
                        ``(A) the Secretary issues regulations regarding
                    such electronic transmission that--
                                ``(i) describe the categories of
                            information eligible for electronic
                            transmission; and
                                ``(ii) include measures--
                                        ``(I) to ensure the authenticity of
                                    the information transmitted;
                                        ``(II) to protect personally
                                    identifiable information; and
                                        ``(III) to detect and prevent
                                    identity fraud; and
                        ``(B) the State certifies to the Department of
                    Homeland Security that its use of such electronic
                    methods complies with regulations issued by the
                    Secretary.''; and
                                (iv) in paragraph (4)(A), as redesignated,
                            by striking ``each document'' and inserting
                            ``the information and documentation''; and
                        (E) in subsection (d)--
                                (i) in paragraph (7), by striking
                            ``document materials and papers'' and inserting
                            ``materials, records, and data'';
                                (ii) in paragraph (8), by striking
                            ``security clearance requirements'' and
                            inserting ``background checks''; and
                                (iii) in paragraph (9), by striking
                            ``fraudulent document recognition'' and
                            inserting ``fraud detection and prevention''.
                (3) Repeal of grants to states.--The REAL ID Act of 2005
            (division B of Public Law 109-13; 49 U.S.C. 30301 note) is
            amended by striking section 204.
                (4) Notification of real id act of 2005 requirements.--The
            REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C.
            30301 note) is amended by adding at the end the following:

    ``SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEADLINES.

        ``During the 15-month period beginning 90 days before the date on
    which Federal agencies will no longer accept, for official purposes,
    driver's licenses and identification cards that do not comply with the
    requirements under section 202, aircraft operators and third party
    reservation entities shall notify passengers about the requirements and
    enforcement deadlines under this Act.''.
        (c) Immediate Burden Reduction Measures.--Notwithstanding any other
    provision of law (including regulations), beginning on the date of the
    enactment of this Act, a State does not need to require an applicant
    for a driver's license or identification card to provide separate
    documentation of the applicant's Social Security account number in
    order to comply with the requirements of the REAL ID Act of 2005
    (division B of Public Law 109-13; 49 U.S.C. 30301 note).

     TITLE XI--SOUTHWEST BORDER SECURITY TECHNOLOGY IMPROVEMENT ACT OF 2020

    SEC. 1101. SHORT TITLE.

        This title may be cited as the ``Southwest Border Security
    Technology Improvement Act of 2020''.

    SEC. 1102. DEFINITIONS.

        In this Act:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the Committee on Homeland Security and
                    Governmental Affairs of the Senate; and
                        (B) the Committee on Homeland Security of the House
                    of Representatives.
                (2) Department.--The term ``Department'' means the
            Department of Homeland Security.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of Homeland Security.
                (4) Southwest border.--The term ``Southwest border'' means
            the international land border between the United States and
            Mexico, including the ports of entry along such border.

    SEC. 1103. SOUTHERN BORDER TECHNOLOGY NEEDS ANALYSIS AND UPDATES.

        (a) Technology Needs Analysis.--Not later than 1 year after the
    date of the enactment of this Act, the Secretary shall submit, to the
    appropriate congressional committees, a technology needs analysis for
    border security technology along the Southwest border.
        (b) Contents.--The analysis required under subsection (a) shall
    include an assessment of--
                (1) the technology needs and gaps along the Southwest
            border--
                        (A) to prevent terrorists and instruments of terror
                    from entering the United States;
                        (B) to combat and reduce cross-border criminal
                    activity, including, but not limited to--
                                (i) the transport of illegal goods, such as
                            illicit drugs; and
                                (ii) human smuggling and human trafficking;
                            and
                        (C) to facilitate the flow of legal trade across
                    the Southwest border;
                (2) recent technological advancements in--
                        (A) manned aircraft sensor, communication, and
                    common operating picture technology;
                        (B) unmanned aerial systems and related technology,
                    including counter-unmanned aerial system technology;
                        (C) surveillance technology, including--
                                (i) mobile surveillance vehicles;
                                (ii) associated electronics, including
                            cameras, sensor technology, and radar;
                                (iii) tower-based surveillance technology;
                                (iv) advanced unattended surveillance
                            sensors; and
                                (v) deployable, lighter-than-air, ground
                            surveillance equipment;
                        (D) nonintrusive inspection technology, including
                    non-X-ray devices utilizing muon tomography and other
                    advanced detection technology;
                        (E) tunnel detection technology; and
                        (F) communications equipment, including--
                                (i) radios;
                                (ii) long-term evolution broadband; and
                                (iii) miniature satellites;
                (3) any other technological advancements that the Secretary
            determines to be critical to the Department's mission along the
            Southwest border;
                (4) whether the use of the technological advances described
            in paragraphs (2) and (3) will--
                        (A) improve border security;
                        (B) improve the capability of the Department to
                    accomplish its mission along the Southwest border;
                        (C) reduce technology gaps along the Southwest
                    border; and
                        (D) enhance the safety of any officer or agent of
                    the Department or any other Federal agency;
                (5) the Department's ongoing border security technology
            development efforts, including efforts by--
                        (A) U.S. Customs and Border Protection;
                        (B) the Science and Technology Directorate; and
                        (C) the technology assessment office of any other
                    operational component;
                (6) the technology needs for improving border security,
            such as--
                        (A) information technology or other computer or
                    computing systems data capture;
                        (B) biometrics;
                        (C) cloud storage; and
                        (D) intelligence data sharing capabilities among
                    agencies within the Department;
                (7) any other technological needs or factors, including
            border security infrastructure, such as physical barriers or
            dual-purpose infrastructure, that the Secretary determines
            should be considered; and
                (8) currently deployed technology or new technology that
            would improve the Department's ability--
                        (A) to reasonably achieve operational control and
                    situational awareness along the Southwest border; and
                        (B) to collect metrics for securing the border at
                    and between ports of entry, as required under
                    subsections (b) and (c) of section 1092 of division A
                    of the National Defense Authorization Act for Fiscal
                    Year 2017 (6 U.S.C. 223).
        (c) Updates.--
                (1) In general.--Not later than 2 years after the
            submission of the analysis required under subsection (a), and
            biannually thereafter for the following 4 years, the Secretary
            shall submit an update to such analysis to the appropriate
            congressional committees.
                (2) Contents.--Each update required under paragraph (1)
            shall include a plan for utilizing the resources of the
            Department to meet the border security technology needs and
            gaps identified pursuant to subsection (b), including
            developing or acquiring technologies not currently in use by
            the Department that would allow the Department to bridge
            existing border technology gaps along the Southwest border.
        (d) Items to Be Considered.--In compiling the technology needs
    analysis and updates required under this section, the Secretary shall
    consider and examine--
                (1) technology that is deployed and is sufficient for the
            Department's use along the Southwest border;
                (2) technology that is deployed, but is insufficient for
            the Department's use along the Southwest border; and
                (3) technology that is not deployed, but is necessary for
            the Department's use along the Southwest border;
                (4) current formal departmental requirements documentation
            examining current border security threats and challenges faced
            by any component of the Department;
                (5) trends and forecasts regarding migration across the
            Southwest border;
                (6) the impact on projected staffing and deployment needs
            for the Department, including staffing needs that may be
            fulfilled through the use of technology;
                (7) the needs and challenges faced by employees of the
            Department who are deployed along the Southwest border;
                (8) the need to improve cooperation among Federal, State,
            tribal, local, and Mexican law enforcement entities to enhance
            security along the Southwest border;
                (9) the privacy implications of existing technology and the
            acquisition and deployment of new technologies and supporting
            infrastructure, with an emphasis on how privacy risks might be
            mitigated through the use of technology, training, and policy;
                (10) the impact of any ongoing public health emergency that
            impacts Department operations along the Southwest border; and
                (11) the ability of, and the needs for, the Department to
            assist with search and rescue efforts for individuals or groups
            that may be in physical danger or in need of medical
            assistance.
        (e) Classified Form.--To the extent possible, the Secretary shall
    submit the technology needs analysis and updates required under this
    section in unclassified form, but may submit such documents, or
    portions of such documents, in classified form if the Secretary
    determines that such action is appropriate.

         DIVISION V--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

          TITLE I--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

    SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This title may be cited as the ``Aircraft
    Certification, Safety, and Accountability Act''.
        (b) Table of Contents.--The table of contents for this title is as
    follows:

          TITLE I--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

    Sec. 101. Short title; table of contents.
    Sec. 102. Safety management systems.
    Sec. 103. Expert review of organization designation authorizations for
                                transport airplanes.
    Sec. 104. Certification oversight staff.
    Sec. 105. Disclosure of safety critical information.
    Sec. 106. Limitation on delegation.
    Sec. 107. Oversight of organization designation authorization unit
                                members.
    Sec. 108. Integrated project teams.
    Sec. 109. Oversight integrity briefing.
    Sec. 110. Appeals of certification decisions.
    Sec. 111. Employment restrictions.
    Sec. 112. Professional development, skills enhancement, continuing
                                education and training.
    Sec. 113. Voluntary safety reporting program.
    Sec. 114. Compensation limitation.
    Sec. 115. System safety assessments and other requirements.
    Sec. 116. Flight crew alerting.
    Sec. 117. Changed product rule.
    Sec. 118. Whistleblower protections.
    Sec. 119. Domestic and international pilot training.
    Sec. 120. Nonconformity with approved type design.
    Sec. 121. Implementation of recommendations.
    Sec. 122. Oversight of FAA compliance program.
    Sec. 123. Settlement agreement.
    Sec. 124. Human factors education program.
    Sec. 125. Best practices for organization designation authorizations.
    Sec. 126. Human factors research.
    Sec. 127. FAA Center of Excellence for automated systems and human
                                factors in aircraft.
    Sec. 128. Pilot operational evaluations.
    Sec. 129. Ensuring appropriate responsibility of aircraft certification
                                and flight standards performance objectives
                                and metrics.
    Sec. 130. Transport airplane risk assessment methodology.
    Sec. 131. National air grant fellowship program.
    Sec. 132. Emerging safety trends in aviation.
    Sec. 133. FAA accountability enhancement.
    Sec. 134. Authorization of appropriations for the advanced materials
                                center of excellence.
    Sec. 135. Promoting Aviation Regulations for Technical Training.
    Sec. 136. Independent study on type certification reform.
    Sec. 137. Definitions.

    SEC. 102. SAFETY MANAGEMENT SYSTEMS.

        (a) Rulemaking Proceeding.--
                (1) In general.--Not later than 30 days after the date of
            enactment of this title, the Administrator shall initiate a
            rulemaking proceeding to require that manufacturers that hold
            both a type certificate and a production certificate issued
            pursuant to section 44704 of title 49, United States Code,
            where the United States is the State of Design and State of
            Manufacture, have in place a safety management system that is
            consistent with the standards and recommended practices
            established by ICAO and contained in annex 19 to the Convention
            on International Civil Aviation (61 Stat. 1180), for such
            systems.
                (2) Contents of regulations.--The regulations issued under
            paragraph (1) shall, at a minimum--
                        (A) ensure safety management systems are consistent
                    with, and complementary to, existing safety management
                    systems;
                        (B) include provisions that would permit
                    operational feedback from operators and pilots
                    qualified on the manufacturers' equipment to ensure
                    that the operational assumptions made during design and
                    certification remain valid;
                        (C) include provisions for the Administrator's
                    approval of, and regular oversight of adherence to, a
                    certificate holder's safety management system adopted
                    pursuant to such regulations; and
                        (D) require such certificate holder to adopt, not
                    later than 4 years after the date of enactment of this
                    title, a safety management system.
        (b) Final Rule Deadline.--Not later than 24 months after initiating
    the rulemaking under subsection (a), the Administrator shall issue a
    final rule.
        (c) Surveillance and Audit Requirement.--The final rule issued
    pursuant to subsection (b) shall include a requirement for the
    Administrator to implement a systems approach to risk-based
    surveillance by defining and planning inspections, audits, and
    monitoring activities on a continuous basis, to ensure that design and
    production approval holders of aviation products meet and continue to
    meet safety management system requirements under the rule.
        (d) Engagement With ICAO.--The Administrator shall engage with ICAO
    and foreign civil aviation authorities to help encourage the adoption
    of safety management systems for manufacturers on a global basis,
    consistent with ICAO standards.
        (e) Safety Reporting Program.--The regulations issued under
    subsection (a) shall require a safety management system to include a
    confidential employee reporting system through which employees can
    report hazards, issues, concerns, occurrences, and incidents. A
    reporting system under this subsection shall include provisions for
    reporting, without concern for reprisal for reporting, of such items by
    employees in a manner consistent with confidential employee reporting
    systems administered by the Administrator. Such regulations shall also
    require a certificate holder described in subsection (a) to submit a
    summary of reports received under this subsection to the Administrator
    at least twice per year.
        (f) Code of Ethics.--The regulations issued under subsection (a)
    shall require a safety management system to include establishment of a
    code of ethics applicable to all appropriate employees of a certificate
    holder, including officers (as determined by the FAA), which clarifies
    that safety is the organization's highest priority.
        (g) Protection of Safety Information.--Section 44735(a) of title
    49, United States Code, is amended--
                (1) by striking ``title 5 if the report'' and inserting the
            following: ``title 5--
                ``(1) if the report'';
                (2) by striking the period at the end and inserting ``;
            or''; and
                (3) by adding at the end the following:
                ``(2) if the report, data, or other information is
            submitted to the Federal Aviation Administration pursuant to
            section 102(e) of the Aircraft Certification, Safety, and
            Accountability Act.''.

    SEC. 103. EXPERT REVIEW OF ORGANIZATION DESIGNATION AUTHORIZATIONS FOR
                  TRANSPORT AIRPLANES.

        (a) Expert Review.--
                (1) Establishment.--Not later than 30 days after the date
            of enactment of this title, the Administrator shall convene an
            expert panel (in this section referred to as the ``review
            panel'') to review and make findings and recommendations on the
            matters listed in paragraph (2).
                (2) Contents of review.--With respect to each holder of an
            organization designation authorization for the design and
            production of transport airplanes, the review panel shall
            review the following:
                        (A) The extent to which the holder's safety
                    management processes promote or foster a safety culture
                    consistent with the principles of the International
                    Civil Aviation Organization Safety Management Manual,
                    Fourth Edition (International Civil Aviation
                    Organization Doc. No. 9859) or any similar successor
                    document.
                        (B) The effectiveness of measures instituted by the
                    holder to instill, among employees and contractors of
                    such holder that support organization designation
                    authorization functions, a commitment to safety above
                    all other priorities.
                        (C) The holder's capability, based on the holder's
                    organizational structures, requirements applicable to
                    officers and employees of such holder, and safety
                    culture, of making reasonable and appropriate decisions
                    regarding functions delegated to the holder pursuant to
                    the organization designation authorization.
                        (D) Any other matter determined by the
                    Administrator for which inclusion in the review would
                    be consistent with the public interest in aviation
                    safety.
                (3) Composition of review panel.--The review panel shall
            consist of--
                        (A) 2 representatives of the National Aeronautics
                    and Space Administration;
                        (B) 2 employees of the Administration's Aircraft
                    Certification Service with experience conducting
                    oversight of persons not involved in the design or
                    production of transport airplanes;
                        (C) 1 employee of the Administration's Aircraft
                    Certification Service with experience conducting
                    oversight of persons involved in the design or
                    production of transport airplanes;
                        (D) 2 employees of the Administration's Flight
                    Standards Service with experience in oversight of
                    safety management systems;
                        (E) 1 appropriately qualified representative,
                    designated by the applicable represented organization,
                    of each of--
                                (i) a labor union representing airline
                            pilots involved in both passenger and all-cargo
                            operations;
                                (ii) a labor union, not selected under
                            clause (i), representing airline pilots with
                            expertise in the matters described in paragraph
                            (2);
                                (iii) a labor union representing employees
                            engaged in the assembly of transport airplanes;
                                (iv) the certified bargaining
                            representative under section 7111 of title 5,
                            United States Code, for field engineers engaged
                            in the audit or oversight of an organization
                            designation authorization within the Aircraft
                            Certification Service of the Administration;
                                (v) the certified bargaining representative
                            for safety inspectors of the Administration;
                            and
                                (vi) a labor union representing employees
                            engaged in the design of transport airplanes;
                        (F) 2 independent experts who have not served as a
                    political appointee in the Administration and--
                                (i) who hold either a baccalaureate or
                            postgraduate degree in the field of aerospace
                            engineering or a related discipline; and
                                (ii) who have a minimum of 20 years of
                            relevant applied experience;
                        (G) 4 air carrier employees whose job
                    responsibilities include administration of a safety
                    management system;
                        (H) 4 individuals representing 4 different holders
                    of organization designation authorizations, with
                    preference given to individuals representing holders of
                    organization designation authorizations for the design
                    or production of aircraft other than transport
                    airplanes or for the design or production of aircraft
                    engines, propellers, or appliances; and
                        (I) 1 individual holding a law degree and who has
                    expertise in the legal duties of a holder of an
                    organization designation authorization and the
                    interaction with the FAA, except that such individual
                    may not, within the 10-year period preceding the
                    individual's appointment, have been employed by, or
                    provided legal services to, the holder of an
                    organization designation authorization referenced in
                    paragraph (2).
                (4) Recommendations.--The review panel shall make
            recommendations to the Administrator regarding suggested
            actions to address any deficiencies found after review of the
            matters listed in paragraph (2).
                (5) Report.--
                        (A) Submission.--Not later than 270 days after the
                    date of the first meeting of the review panel, the
                    review panel shall transmit to the Administrator and
                    the congressional committees of jurisdiction a report
                    containing the findings and recommendations of the
                    review panel regarding the matters listed in paragraph
                    (2), except that such report shall include--
                                (i) only such findings endorsed by 10 or
                            more individual members of the review panel;
                            and
                                (ii) only such recommendations described in
                            paragraph (4) endorsed by 18 or more of the
                            individual members of the review panel.
                        (B) Dissenting views.--In submitting the report
                    required under this paragraph, the review panel shall
                    append to such report the dissenting views of any
                    individual member or group of members of the review
                    panel regarding the findings or recommendations of the
                    review panel.
                        (C) Publication.--Not later than 5 days after
                    receiving the report under subparagraph (A), the
                    Administrator shall publish such report, including any
                    dissenting views appended to the report, on the website
                    of the Administration.
                        (D) Termination.--The review panel shall terminate
                    upon submission of the report under subparagraph (A).
                (6) Administrative provisions.--
                        (A) Access to information.--The review panel shall
                    have authority to perform the following actions if a
                    majority of the total number of review panel members
                    consider each action necessary and appropriate:
                                (i) Entering onto the premises of a holder
                            of an organization designation authorization
                            referenced in paragraph (2) for access to and
                            inspection of records or other purposes.
                                (ii) Notwithstanding any other provision of
                            law, accessing and inspecting unredacted
                            records directly necessary for the completion
                            of the panel's work under this section that are
                            in the possession of such holder of an
                            organization designation authorization or the
                            Administration.
                                (iii) Interviewing employees of such holder
                            of an organization designation authorization or
                            the Administration as necessary for the panel
                            to complete its work.
                        (B) Disclosure of financial interests.--Each
                    individual serving on the review panel shall disclose
                    to the Administrator any financial interest held by
                    such individual, or a spouse or dependent of such
                    individual, in a business enterprise engaged in the
                    design or production of transport airplanes, aircraft
                    engines designed for transport airplanes, or major
                    systems, components, or parts thereof.
                        (C) Protection of proprietary information; trade
                    secrets.--
                                (i) Marking.--The custodian of a record
                            accessed under subparagraph (A) may mark such
                            record as proprietary or containing a trade
                            secret. A marking under this subparagraph shall
                            not be dispositive with respect to whether such
                            record contains any information subject to
                            legal protections from public disclosure.
                                (ii) Nondisclosure for non-federal
                            government participants.--
                                        (I) Non-federal government
                                    participants.--Prior to participating
                                    on the review panel, each individual
                                    serving on the review panel
                                    representing a non-Federal entity,
                                    including a labor union, shall execute
                                    an agreement with the Administrator in
                                    which the individual shall be
                                    prohibited from disclosing at any time,
                                    except as required by law, to any
                                    person, foreign or domestic, any non-
                                    public information made accessible to
                                    the panel under subparagraph (A).
                                        (II) Federal employee
                                    participants.--Federal employees
                                    serving on the review panel as
                                    representatives of the Federal
                                    Government and who are required to
                                    protect proprietary information and
                                    trade secrets under section 1905 of
                                    title 18, United States Code, shall not
                                    be required to execute agreements under
                                    this subparagraph.
                                (iii) Protection of voluntarily submitted
                            safety information.--Information subject to
                            protection from disclosure by the
                            Administration in accordance with sections
                            40123 and 44735 of title 49, United States
                            Code, is deemed voluntarily submitted to the
                            Administration under such sections when shared
                            with the review panel and retains its
                            protection from disclosure (including
                            protection under section 552(b)(3) of title 5,
                            United States Code). The custodian of a record
                            subject to such protection may mark such record
                            as subject to statutory protections. A marking
                            under this subparagraph shall not be
                            dispositive with respect to whether such record
                            contains any information subject to legal
                            protections from public disclosure. Members of
                            the review panel will protect voluntarily
                            submitted safety information and other
                            otherwise exempt information to the extent
                            permitted under applicable law.
                                (iv) Protection of proprietary information
                            and trade secrets.--Members of the review panel
                            will protect proprietary information, trade
                            secrets, and other otherwise exempt information
                            to the extent permitted under applicable law.
                                (v) Resolving classification of
                            information.--If the review panel and a holder
                            of an organization designation authorization
                            subject to review under this section disagree
                            as to the proper classification of information
                            described in this subparagraph, then an
                            employee of the Administration who is not a
                            political appointee shall determine the proper
                            classification of such information and whether
                            such information will be withheld, in part or
                            in full, from release to the public.
                        (D) Applicable law.--Public Law 92-463 shall not
                    apply to the panel established under this subsection.
                        (E) Financial interest defined.--In this paragraph,
                    the term ``financial interest''--
                                (i) excludes securities held in an index
                            fund; and
                                (ii) includes--
                                        (I) any current or contingent
                                    ownership, equity, or security
                                    interest;
                                        (II) an indebtedness or compensated
                                    employment relationship; or
                                        (III) any right to purchase or
                                    acquire any such interest, including a
                                    stock option or commodity future.
        (b) FAA Authority.--
                (1) In general.--After reviewing the findings of the review
            panel submitted under subsection (a)(5), the Administrator may
            limit, suspend, or terminate an organization designation
            authorization subject to review under this section.
                (2) Reinstatement.--The Administrator may condition
            reinstatement of a limited, suspended, or terminated
            organization designation authorization on the holder's
            implementation of any corrective actions determined necessary
            by the Administrator.
                (3) Rule of construction.--Nothing in this subsection shall
            be construed to limit the Administrator's authority to take any
            action with respect to an organization designation
            authorization, including limitation, suspension, or termination
            of such authorization.
        (c) Organization Designation Authorization Process Improvements.--
    Not later than 1 year after receipt of the recommendations submitted
    under subsection (a)(5), the Administrator shall report to the
    congressional committees of jurisdiction on--
                (1) whether the Administrator has concluded that such
            holder is able to safely and reliably perform all delegated
            functions in accordance with all applicable provisions of
            chapter 447 of title 49, United States Code, title 14, Code of
            Federal Regulations, and other orders or requirements of the
            Administrator, and, if not, the Administrator shall outline--
                        (A) the risk mitigations or other corrective
                    actions, including the implementation timelines of such
                    mitigations or actions, the Administrator has
                    established for or required of such holder as
                    prerequisites for a conclusion by the Administrator
                    under this paragraph; or
                        (B) the status of any ongoing investigatory
                    actions;
                (2) the status of implementation of each of the
            recommendations of the review panel, if any, with which the
            Administrator concurs;
                (3) the status of procedures under which the Administrator
            will conduct focused oversight of such holder's processes for
            performing delegated functions with respect to the design of
            new and derivative transport airplanes and the production of
            such airplanes; and
                (4) the Administrator's efforts, to the maximum extent
            practicable and subject to appropriations, to increase the
            number of engineers, inspectors, and other qualified technical
            experts, as necessary to fulfill the requirements of this
            section, in--
                        (A) each office of the Administration responsible
                    for dedicated oversight of such holder; and
                        (B) the System Oversight Division, or any successor
                    division, of the Aircraft Certification Service.
        (d) Non-concurrence With Recommendations.--Not later than 6 months
    after receipt of the recommendations submitted under subsection (a)(5),
    with respect to each recommendation of the review panel with which the
    Administrator does not concur, if any, the Administrator shall publish
    on the website of the Administration and submit to the congressional
    committees of jurisdiction a detailed explanation as to why, including
    if the Administrator believes implementation of such recommendation
    would not improve aviation safety.

    SEC. 104. CERTIFICATION OVERSIGHT STAFF.

        (a) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $27,000,000 for each of fiscal years
    2021 through 2023 to recruit and retain engineers, safety inspectors,
    human factors specialists, chief scientific and technical advisors,
    software and cybersecurity experts, and other qualified technical
    experts who perform duties related to the certification of aircraft,
    aircraft engines, propellers, appliances, and new and emerging
    technologies, and perform other regulatory activities.
        (b) In General.--Not later than 60 days after the date of enactment
    of this title, and without duplicating any recently completed or
    ongoing reviews, the Administrator shall initiate a review of--
                (1) the inspectors, human factors specialists, flight test
            pilots, engineers, managers, and executives in the FAA who are
            responsible for the certification of the design, manufacture,
            and operation of aircraft intended for air transportation for
            purposes of determining whether the FAA has the expertise and
            capability to adequately understand the safety implications of,
            and oversee the adoption of, new or innovative technologies,
            materials, and procedures used by designers and manufacturers
            of such aircraft; and
                (2) the Senior Technical Experts Program to determine
            whether the program should be enhanced or expanded to bolster
            and support the programs of the FAA's Office of Aviation
            Safety, with particular focus placed on the Aircraft
            Certification Service and the Flight Standards Service (or any
            successor organizations), particularly with respect to
            understanding the safety implications of new or innovative
            technologies, materials, aircraft operations, and procedures
            used by designers and manufacturers of such aircraft.
        (c) Deadline for Completion.--Not later than 270 days after the
    date of enactment of this title, the Administrator shall complete the
    review required by subsection (b).
        (d) Briefing.--Not later than 30 days after the completion of the
    review required by subsection (b), the Administrator shall brief the
    congressional committees of jurisdiction on the results of the review.
    The briefing shall include the following:
                (1) An analysis of the Administration's ability to hire
            safety inspectors, human factors specialists, flight test
            pilots, engineers, managers, executives, scientists, and
            technical advisors, who have the requisite expertise to oversee
            new developments in aerospace design and manufacturing.
                (2) A plan for the Administration to improve the overall
            expertise of the FAA's personnel who are responsible for the
            oversight of the design and manufacture of aircraft.
        (e) Consultation Requirement.--In completing the review under
    subsection (b), the Administrator shall consult and collaborate with
    appropriate stakeholders, including labor organizations (including
    those representing aviation workers, FAA aviation safety engineers,
    human factors specialists, flight test pilots, and FAA aviation safety
    inspectors), and aerospace manufacturers.
        (f) Recruitment and Retention.--
                (1) Bargaining units.--Not later than 30 days after the
            date of enactment of this title, the Administrator shall begin
            collaboration with the exclusive bargaining representatives of
            engineers, safety inspectors, systems safety specialists, and
            other qualified technical experts certified under section 7111
            of title 5, United States Code, to improve recruitment of
            employees for, and to implement retention incentives for
            employees holding, positions with respect to the certification
            of aircraft, aircraft engines, propellers, and appliances. If
            the Administrator and such representatives are unable to reach
            an agreement collaboratively, the Administrator and such
            representatives shall negotiate in accordance with section
            40122(a) of title 49, United States Code, to improve
            recruitment and implement retention incentives for employees
            described in subsection (a) who are covered under a collective
            bargaining agreement.
                (2) Other employees.--Notwithstanding any other provision
            of law, not later than 30 days after the date of enactment of
            this title, the Administrator shall initiate actions to improve
            recruitment of, and implement retention incentives for, any
            individual described in subsection (a) who is not covered under
            a collective bargaining agreement.
                (3) Rule of construction.--Nothing in this section shall be
            construed to vest in any exclusive bargaining representative
            any management right of the Administrator, as such right
            existed on the day before the date of enactment of this title.
                (4) Availability of appropriations.--Any action taken by
            the Administrator under this section shall be subject to the
            availability of appropriations authorized under subsection (a).

    SEC. 105. DISCLOSURE OF SAFETY CRITICAL INFORMATION.

        (a) Disclosure.--Section 44704 of title 49, United States Code, is
    amended by striking subsection (e) and inserting the following:
        ``(e) Disclosure of Safety Critical Information.--
                ``(1) In general.--Notwithstanding a delegation described
            in section 44702(d), the Administrator shall require an
            applicant for, or holder of, a type certificate for a transport
            category airplane covered under part 25 of title 14, Code of
            Federal Regulations, to submit safety critical information with
            respect to such airplane to the Administrator in such form,
            manner, or time as the Administrator may require. Such safety
            critical information shall include--
                        ``(A) any design and operational details, intended
                    functions, and failure modes of any system that,
                    without being commanded by the flight crew, commands
                    the operation of any safety critical function or
                    feature required for control of an airplane during
                    flight or that otherwise changes the flight path or
                    airspeed of an airplane;
                        ``(B) the design and operational details, intended
                    functions, failure modes, and mode annunciations of
                    autopilot and autothrottle systems, if applicable;
                        ``(C) any failure or operating condition that the
                    applicant or holder anticipates or has concluded would
                    result in an outcome with a severity level of hazardous
                    or catastrophic, as defined in the appropriate
                    Administration airworthiness requirements and guidance
                    applicable to transport category airplanes defining
                    risk severity;
                        ``(D) any adverse handling quality that fails to
                    meet the requirements of applicable regulations without
                    the addition of a software system to augment the flight
                    controls of the airplane to produce compliant handling
                    qualities; and
                        ``(E) a system safety assessment with respect to a
                    system described in subparagraph (A) or (B) or with
                    respect to any component or other system for which
                    failure or erroneous operation of such component or
                    system could result in an outcome with a severity level
                    of hazardous or catastrophic, as defined in the
                    appropriate Administration airworthiness requirements
                    and guidance applicable to transport category airplanes
                    defining risk severity.
                ``(2) Ongoing communications.--
                        ``(A) Newly discovered information.--The
                    Administrator shall require that an applicant for, or
                    holder of, a type certificate disclose to the
                    Administrator, in such form, manner, or time as the
                    Administrator may require, any newly discovered
                    information or design or analysis change that would
                    materially alter any submission to the Administrator
                    under paragraph (1).
                        ``(B) System development changes.--The
                    Administrator shall establish multiple milestones
                    throughout the certification process at which a
                    proposed airplane system will be assessed to determine
                    whether any change to such system during the
                    certification process is such that such system should
                    be considered novel or unusual by the Administrator.
                ``(3) Flight manuals.--The Administrator shall ensure that
            an airplane flight manual and a flight crew operating manual
            (as appropriate or applicable) for an airplane contains a
            description of the operation of a system described in paragraph
            (1)(A) and flight crew procedures for responding to a failure
            or aberrant operation of such system.
                ``(4) Civil penalty.--
                        ``(A) Amount.--Notwithstanding section 46301, an
                    applicant for, or holder of, a type certificate that
                    knowingly violates paragraph (1), (2), or (3) of this
                    subsection shall be liable to the Administrator for a
                    civil penalty of not more than $1,000,000 for each
                    violation.
                        ``(B) Penalty considerations.--In determining the
                    amount of a civil penalty under subparagraph (A), the
                    Administrator shall consider--
                                ``(i) the nature, circumstances, extent,
                            and gravity of the violation, including the
                            length of time that such safety critical
                            information was known but not disclosed; and
                                ``(ii) with respect to the violator, the
                            degree of culpability, any history of prior
                            violations, and the size of the business
                            concern.
                ``(5) Revocation and civil penalty for individuals.--
                        ``(A) In general.--The Administrator shall revoke
                    any airline transport pilot certificate issued under
                    section 44703 held by any individual who, while acting
                    on behalf of an applicant for, or holder of, a type
                    certificate, knowingly makes a false statement with
                    respect to any of the matters described in
                    subparagraphs (A) through (E) of paragraph (1).
                        ``(B) Authority to impose civil penalty.--The
                    Administrator may impose a civil penalty under section
                    46301 for each violation described in subparagraph (A).
                ``(6) Rule of construction.--Nothing in this subsection
            shall be construed to affect or otherwise inhibit the authority
            of the Administrator to deny an application by an applicant for
            a type certificate or to revoke or amend a type certificate of
            a holder of such certificate.
                ``(7) Definition of type certificate.--In this subsection,
            the term `type certificate'--
                        ``(A) means a type certificate issued under
                    subsection (a) or an amendment to such certificate; and
                        ``(B) does not include a supplemental type
                    certificate issued under subsection (b).''.
        (b) Civil Penalty Authority.--Section 44704 of title 49, United
    States Code, is further amended by adding at the end the following:
        ``(f) Hearing Requirement.--The Administrator may find that a
    person has violated subsection (a)(6) or paragraph (1), (2), or (3) of
    subsection (e) and impose a civil penalty under the applicable
    subsection only after notice and an opportunity for a hearing. The
    Administrator shall provide a person--
                ``(1) written notice of the violation and the amount of
            penalty; and
                ``(2) the opportunity for a hearing under subpart G of part
            13 of title 14, Code of Federal Regulations.''.
        (c) Required Submission of Outline of System Changes at the
    Beginning of the Certification Process.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this title, the Administrator shall initiate a
            process to revise procedures to require an applicant for an
            amendment to a type certificate for a transport category
            aircraft to disclose to the Administrator, in a single document
            submitted at the beginning of the process for amending such
            certificate, all new systems and intended changes to existing
            systems then known to such applicant. The Administrator shall
            finalize the revision of such procedures not later than 18
            months after initiating such process.
                (2) Application.--Compliance with the procedures revised
            pursuant to paragraph (1) shall not preclude an applicant from
            making additional changes to aircraft systems as the design and
            application process proceeds.
                (3) Savings provision.--Nothing in this subsection may be
            construed to limit the obligations of an applicant for an
            amended type certificate for a transport category airplane
            under section 44704(e) of title 49, United States Code, as
            amended in this title.

    SEC. 106. LIMITATION ON DELEGATION.

        Section 44702(d) of title 49, United States Code, is amended by
    adding at the end the following:
        ``(4)(A) With respect to a critical system design feature of a
    transport category airplane, the Administrator may not delegate any
    finding of compliance with applicable airworthiness standards or review
    of any system safety assessment required for the issuance of a
    certificate, including a type certificate, or amended or supplemental
    type certificate, under section 44704, until the Administrator has
    reviewed and validated any underlying assumptions related to human
    factors.
        ``(B) The requirement under subparagraph (A) shall not apply if the
    Administrator determines the matter involved is a routine task.
        ``(C) For purposes of subparagraph (A), the term critical system
    design feature includes any feature (including a novel or unusual
    design feature) for which the failure of such feature, either
    independently or in combination with other failures, could result in
    catastrophic or hazardous failure conditions, as those terms are
    defined by the Administrator.''.

    SEC. 107. OVERSIGHT OF ORGANIZATION DESIGNATION AUTHORIZATION UNIT
                  MEMBERS.

        (a) In General.--Chapter 447 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 44741. Approval of organization designation authorization unit
                  members
        ``(a) In General.--Beginning January 1, 2022, each individual who
    is selected on or after such date to become an ODA unit member by an
    ODA holder engaged in the design of an aircraft, aircraft engine,
    propeller, or appliance and performs an authorized function pursuant to
    a delegation by the Administrator of the Federal Aviation
    Administration under section 44702(d)--
                ``(1) shall be--
                        ``(A) an employee, a contractor, or a consultant of
                    the ODA holder; or
                        ``(B) the employee of a supplier of the ODA holder;
                    and
                ``(2) may not become a member of such unit unless approved
            by the Administrator pursuant to this section.
        ``(b) Process and Timeline.--
                ``(1) In general.--The Administrator shall maintain an
            efficient process for the review and approval of an individual
            to become an ODA unit member under this section.
                ``(2) Process.--An ODA holder described in subsection (a)
            may submit to the Administrator an application for an
            individual to be approved to become an ODA unit member under
            this section. The application shall be submitted in such form
            and manner as the Administrator determines appropriate. The
            Administrator shall require an ODA holder to submit with such
            an application information sufficient to demonstrate an
            individual's qualifications under subsection (c).
                ``(3) Timeline.--The Administrator shall approve or reject
            an individual that is selected by an ODA holder to become an
            ODA unit member under this section not later than 30 days after
            the receipt of an application by an ODA holder.
                ``(4) Documentation of approval.--Upon approval of an
            individual to become an ODA unit member under this section, the
            Administrator shall provide such individual a letter confirming
            that such individual has been approved by the Administrator
            under this section to be an ODA unit member.
                ``(5) Reapplication.--An ODA holder may submit an
            application under this subsection for an individual to become
            an ODA unit member under this section regardless of whether an
            application for such individual was previously rejected by the
            Administrator.
        ``(c) Qualifications.--
                ``(1) In general.--The Administrator shall issue minimum
            qualifications for an individual to become an ODA unit member
            under this section. In issuing such qualifications, the
            Administrator shall consider existing qualifications for
            Administration employees with similar duties and whether such
            individual--
                        ``(A) is technically proficient and qualified to
                    perform the authorized functions sought;
                        ``(B) has no recent record of serious enforcement
                    action, as determined by the Administrator, taken by
                    the Administrator with respect to any certificate,
                    approval, or authorization held by such individual;
                        ``(C) is of good moral character (as such
                    qualification is applied to an applicant for an airline
                    transport pilot certificate issued under section
                    44703);
                        ``(D) possesses the knowledge of applicable design
                    or production requirements in this chapter and in title
                    14, Code of Federal Regulations, necessary for
                    performance of the authorized functions sought;
                        ``(E) possesses a high degree of knowledge of
                    applicable design or production principles, system
                    safety principles, or safety risk management processes
                    appropriate for the authorized functions sought; and
                        ``(F) meets such testing, examination, training, or
                    other qualification standards as the Administrator
                    determines are necessary to ensure the individual is
                    competent and capable of performing the authorized
                    functions sought.
                ``(2) Previously rejected application.--In reviewing an
            application for an individual to become an ODA unit member
            under this section, if an application for such individual was
            previously rejected, the Administrator shall ensure that the
            reasons for the prior rejection have been resolved or mitigated
            to the Administrator's satisfaction before making a
            determination on the individual's reapplication.
        ``(d) Rescission of Approval.--The Administrator may rescind an
    approval of an individual as an ODA unit member granted pursuant to
    this section at any time and for any reason the Administrator considers
    appropriate. The Administrator shall develop procedures to provide for
    notice and opportunity to appeal rescission decisions made by the
    Administrator. Such decisions by the Administrator are not subject to
    judicial review.
        ``(e) Conditional Selections.--
                ``(1) In general.--Subject to the requirements of this
            subsection, the Administrator may authorize an ODA holder to
            conditionally designate an individual to perform the functions
            of an ODA unit member for a period of not more than 30 days
            (beginning on the date an application for such individual is
            submitted under subsection (b)(2)).
                ``(2) Required determination.--The Administrator may not
            make an authorization under paragraph (1) unless--
                        ``(A) the ODA holder has instituted, to the
                    Administrator's satisfaction, systems and processes to
                    ensure the integrity and reliability of determinations
                    by conditionally-designated ODA unit members; and
                        ``(B) the ODA holder has instituted a safety
                    management system in accordance with regulations issued
                    by the Administrator under section 102 of the Aircraft
                    Certification, Safety, and Accountability Act.
                ``(3) Final determination.--The Administrator shall approve
            or reject the application for an individual designated under
            paragraph (1) in accordance with the timeline and procedures
            described in subsection (b).
                ``(4) Rejection and review.--If the Administrator rejects
            the application submitted under subsection (b)(2) for an
            individual conditionally designated under paragraph (1), the
            Administrator shall review and approve or disapprove any
            decision pursuant to any authorized function performed by such
            individual during the period such individual served as a
            conditional designee.
                ``(5) Prohibitions.--Notwithstanding the requirements of
            paragraph (2), the Administrator may prohibit an ODA holder
            from making conditional designations of individuals as ODA unit
            members under this subsection at any time for any reason the
            Administrator considers appropriate. The Administrator may
            prohibit any conditionally designated individual from
            performing an authorized function at any time for any reason
            the Administrator considers appropriate.
        ``(f) Records and Briefings.--
                ``(1) In general.--Beginning on the date described in
            subsection (a), an ODA holder shall maintain, for a period to
            be determined by the Administrator and with proper protections
            to ensure the security of sensitive and personal information--
                        ``(A) any data, applications, records, or manuals
                    required by the ODA holder's approved procedures
                    manual, as determined by the Administrator;
                        ``(B) the names, responsibilities, qualifications,
                    and example signature of each member of the ODA unit
                    who performs an authorized function pursuant to a
                    delegation by the Administrator under section 44702(d);
                        ``(C) training records for ODA unit members and ODA
                    administrators; and
                        ``(D) any other data, applications, records, or
                    manuals determined appropriate by the Administrator.
                ``(2) Congressional briefing.--Not later than 90 days after
            the date of enactment of this section, and every 90 days
            thereafter through September 30, 2023, the Administrator shall
            provide a briefing to the Committee on Transportation and
            Infrastructure of the House of Representatives and the
            Committee on Commerce, Science, and Transportation of the
            Senate on the implementation and effects of this section,
            including--
                        ``(A) the Administration's performance in
                    completing reviews of individuals and approving or
                    denying such individuals within the timeline required
                    under subsection (b)(3);
                        ``(B) for any individual rejected by the
                    Administrator under subsection (b) during the preceding
                    90-day period, the reasoning or basis for such
                    rejection; and
                        ``(C) any resource, staffing, or other challenges
                    within the Administration associated with
                    implementation of this section.
        ``(g) Special Review of Qualifications.--
                ``(1) In general.--Not later than 30 days after the
            issuance of minimum qualifications under subsection (c), the
            Administrator shall initiate a review of the qualifications of
            each individual who on the date on which such minimum
            qualifications are issued is an ODA unit member of a holder of
            a type certificate for a transport airplane to ensure such
            individual meets the minimum qualifications issued by the
            Administrator under subsection (c).
                ``(2) Unqualified individual.--For any individual who is
            determined by the Administrator not to meet such minimum
            qualifications pursuant to the review conducted under paragraph
            (1), the Administrator--
                        ``(A) shall determine whether the lack of
                    qualification may be remedied and, if so, provide such
                    individual with an action plan or schedule for such
                    individual to meet such qualifications; or
                        ``(B) may, if the Administrator determines the lack
                    of qualification may not be remedied, take appropriate
                    action, including prohibiting such individual from
                    performing an authorized function.
                ``(3) Deadline.--The Administrator shall complete the
            review required under paragraph (1) not later than 18 months
            after the date on which such review was initiated.
                ``(4) Savings clause.--An individual approved to become an
            ODA unit member of a holder of a type certificate for a
            transport airplane under subsection (a) shall not be subject to
            the review under this subsection.
        ``(h) Prohibition.--The Administrator may not authorize an
    organization or ODA holder to approve an individual selected by an ODA
    holder to become an ODA unit member under this section.
        ``(i) Definitions.--
                ``(1) General applicability.--The definitions contained in
            section 44736(c) shall apply to this section.
                ``(2) Transport airplane.--The term `transport airplane'
            means a transport category airplane designed for operation by
            an air carrier or foreign air carrier type-certificated with a
            passenger seating capacity of 30 or more or an all-cargo or
            combi derivative of such an airplane.
        ``(j) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $3,000,000 for each of fiscal
    years 2021 through 2023.
    ``Sec. 44742. Interference with the duties of organization designation
                  authorization unit members
        ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall continuously seek to eliminate or minimize
    interference by an ODA holder that affects the performance of
    authorized functions by ODA unit members.
        ``(b) Prohibition.--
                ``(1) In general.--It shall be unlawful for any individual
            who is a supervisory employee of an ODA holder that
            manufactures a transport category airplane to commit an act of
            interference with an ODA unit member's performance of
            authorized functions.
                ``(2) Civil penalty.--
                        ``(A) Individuals.--An individual shall be subject
                    to a civil penalty under section 46301(a)(1) for each
                    violation under paragraph (1).
                        ``(B) Savings clause.--Nothing in this paragraph
                    shall be construed as limiting or constricting any
                    other authority of the Administrator to pursue an
                    enforcement action against an individual or
                    organization for violation of applicable Federal laws
                    or regulations of the Administration.
        ``(c) Reporting.--
                ``(1) Reports to oda holder.--An ODA unit member of an ODA
            holder that manufactures a transport category airplane shall
            promptly report any instances of interference to the office of
            the ODA holder that is designated to receive such reports.
                ``(2) Reports to the faa.--
                        ``(A) In general.--The ODA holder office described
                    in paragraph (1) shall investigate reports and submit
                    to the office of the Administration designated by the
                    Administrator to accept and review such reports any
                    instances of interference reported under paragraph (1).
                        ``(B) Contents.--The Administrator shall prescribe
                    parameters for the submission of reports to the
                    Administration under this paragraph, including the
                    manner, time, and form of submission. Such report shall
                    include the results of any investigation conducted by
                    the ODA holder in response to a report of interference,
                    a description of any action taken by the ODA holder as
                    a result of the report of interference, and any other
                    information or potentially mitigating factors the ODA
                    holder or the Administrator deems appropriate.
        ``(d) Definitions.--
                ``(1) General applicability.--The definitions contained in
            section 44736(c) shall apply to this section.
                ``(2) Interference.--In this section, the term
            `interference' means--
                        ``(A) blatant or egregious statements or behavior,
                    such as harassment, beratement, or threats, that a
                    reasonable person would conclude was intended to
                    improperly influence or prejudice an ODA unit member's
                    performance of his or her duties; or
                        ``(B) the presence of non-ODA unit duties or
                    activities that conflict with the performance of
                    authorized functions by ODA unit members.''.
        (b) ODA Program Enhancements.--
                (1) In general.--Section 44736 of title 49, United States
            Code, is amended by adding at the end the following:
        ``(d) Audits.--
                ``(1) In general.--The Administrator shall perform a
            periodic audit of each ODA unit and its procedures.
                ``(2) Duration.--An audit required under paragraph (1)
            shall be performed with respect to an ODA holder once every 7
            years (or more frequently as determined appropriate by the
            Administrator).
                ``(3) Records.--The ODA holder shall maintain, for a period
            to be determined by the Administrator, a record of--
                        ``(A) each audit conducted under this subsection;
                    and
                        ``(B) any corrective actions resulting from each
                    such audit.
        ``(e) Federal Aviation Safety Advisors.--
                ``(1) In general.--In the case of an ODA holder, the
            Administrator shall assign FAA aviation safety personnel with
            appropriate expertise to be advisors to the ODA unit members
            that are authorized to make findings of compliance on behalf of
            the Administrator. The advisors shall--
                        ``(A) communicate with assigned unit members on an
                    ongoing basis to ensure that the assigned unit members
                    are knowledgeable of relevant FAA policies and
                    acceptable methods of compliance; and
                        ``(B) monitor the performance of the assigned unit
                    members to ensure consistency with such policies.
                ``(2) Applicability.--Paragraph (1) shall only apply to an
            ODA holder that is--
                        ``(A) a manufacturer that holds both a type and a
                    production certificate for--
                                ``(i) transport category airplanes with a
                            maximum takeoff gross weight greater than
                            150,000 pounds; or
                                ``(ii) airplanes produced and delivered to
                            operators operating under part 121 of title 14,
                            Code of Federal Regulations, for air carrier
                            service under such part 121; or
                        ``(B) a manufacturer of engines for an airplane
                    described in subparagraph (A).
        ``(f) Communication With the FAA.--Neither the Administrator nor an
    ODA holder may prohibit--
                ``(1) an ODA unit member from communicating with, or
            seeking the advice of, the Administrator or FAA staff; or
                ``(2) the Administrator or FAA staff from communicating
            with an ODA unit member.''.
                (2) Report.--Not later than September 30, 2022, the
            Administrator shall submit to the congressional committees of
            jurisdiction a report on the implementation of subsections (d)
            and (e) of section 44736 of title 49, United States Code, as
            added by subsection (b).
        (c) Additional ODA Program Enhancements.--Section 44736 of title
    49, United States Code, is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                                (i) in subparagraph (A) by striking the
                            semicolon and inserting ``; and'';
                                (ii) by striking subparagraph (B);
                                (iii) in subparagraph (C) by striking ``;
                            and'' and inserting a period;
                                (iv) by striking subparagraph (D); and
                                (v) by redesignating subparagraph (C) as
                            subparagraph (B); and
                        (B) in paragraph (3) by striking ``shall--'' and
                    all that follows through the end and inserting ``shall
                    conduct regular oversight activities by inspecting the
                    ODA holder's delegated functions and taking action
                    based on validated inspection findings.''; and
                (2) in subsection (b)(3)--
                        (A) in subparagraph (A)--
                                (i) by striking clause (i) and
                            redesignating clauses (ii), (iii), and (iv) as
                            clauses (i), (ii), and (iii), respectively;
                                (ii) in clause (i) as redesignated by
                            inserting ``, as appropriate,'' after
                            ``require'';
                                (iii) in clause (ii) as redesignated by
                            inserting ``, as appropriate,'' after
                            ``require''; and
                                (iv) in clause (iii) as redesignated by
                            inserting ``when appropriate,'' before ``make a
                            reassessment'';
                        (B) by striking subparagraph (B);
                        (C) in subparagraph (F) by inserting ``, when
                    appropriate,'' before ``approve''; and
                        (D) by redesignating subparagraphs (C), (D), (E),
                    and (F) as subparagraphs (B), (C), (D), and (E),
                    respectively.
        (d) Technical Corrections.--
                (1) Section 44737.--Chapter 447 of title 49, United States
            Code, is further amended by redesignating the second section
            44737 (as added by section 581 of the FAA Reauthorization Act
            of 2018) as section 44740.
                (2) Analysis.--The analysis for chapter 447 of title 49,
            United States Code, is amended--
                        (A) by striking the item relating to the second
                    section 44737 (as added by section 581 of the FAA
                    Reauthorization Act of 2018); and
                        (B) by inserting after the item relating to section
                    44739 the following new items:

    ``44740. Special rule for certain aircraft operations.
    ``44741. Approval of organization designation authorization unit
                                members.
    ``44742. Interference with the duties of organization designation
                                authorization unit members.''.
                (3) Special rule for certain aircraft operations.--Section
            44740 of title 49, United States Code (as redesignated by
            paragraph (1)), is amended--
                        (A) in the heading by striking the period at the
                    end;
                        (B) in subsection (a)(1) by striking ``chapter''
                    and inserting ``section'';
                        (C) in subsection (b)(1) by striking ``(1)'' the
                    second time it appears; and
                        (D) in subsection (c)(2) by adding a period at the
                    end.

    SEC. 108. INTEGRATED PROJECT TEAMS.

        (a) In General.--Upon receipt of an application for a type
    certificate for a transport category airplane, the Administrator shall
    convene an interdisciplinary integrated project team responsible for
    coordinating review and providing advice and recommendations, as
    appropriate, to the Administrator on such application.
        (b) Membership.--In convening an interdisciplinary integrated
    project team under subsection (a), the Administrator shall appoint
    employees of the Administration or other Federal agencies, such as the
    Air Force, Volpe National Transportation Systems Center, or the
    National Aeronautics and Space Administration (with the concurrence of
    the head of such other Federal agency), with specialized expertise and
    experience in the fields of engineering, systems design, human factors,
    and pilot training, including, at a minimum--
                (1) not less than 1 designee of the Associate Administrator
            for Aviation Safety whose duty station is in the
            Administration's headquarters;
                (2) representatives of the Aircraft Certification Service
            of the Administration;
                (3) representatives of the Flight Standards Service of the
            Administration;
                (4) experts in the fields of human factors, aerodynamics,
            flight controls, software, and systems design; and
                (5) any other subject matter expert whom the Administrator
            determines appropriate.
        (c) Availability.--In order to carry out its duties with respect to
    the areas specified in subsection (d), a project team shall be
    available to the Administrator, upon request, at any time during the
    certification process.
        (d) Duties.--A project team shall advise the Administrator and make
    written recommendations to the Administrator, to be retained in the
    certification project file, including recommendations for any plans,
    analyses, assessments, and reports required to support and document the
    certification project, in the following areas associated with a new
    technology or novel design:
                (1) Initial review of design proposals proposed by the
            applicant and the establishment of the certification basis.
                (2) Identification of new technology, novel design, or
            safety critical design features or systems that are potentially
            catastrophic, either alone or in combination with another
            failure.
                (3) Determination of compliance findings, system safety
            assessments, and safety critical functions the Administration
            should retain in terms of new technology, novel design, or
            safety critical design features or systems.
                (4) Evaluation of the Administration's expertise or
            experience necessary to support the project.
                (5) Review and evaluation of an applicant's request for
            exceptions or exemptions from compliance with airworthiness
            standards codified in title 14 of the Code of Federal
            Regulations, as in effect on the date of application for the
            change.
                (6) Conduct of design reviews, procedure evaluations, and
            training evaluations.
                (7) Review of the applicant's final design documentation
            and other data to evaluate compliance with all relevant
            Administration regulations.
        (e) Documentation of FAA Response.--The Administrator shall provide
    a written response to each recommendation of each project team and
    shall retain such response in the certification project file.
        (f) Report.--Not later than 1 year after the date of enactment of
    this section, and annually thereafter through fiscal year 2023, the
    Administrator shall submit to the congressional committees of
    jurisdiction a report on the establishment of each integrated project
    team in accordance with this section during such fiscal year, including
    the role and composition of each such project team.

    SEC. 109. OVERSIGHT INTEGRITY BRIEFING.

        Not later than 1 year after the date of enactment of this title,
    the Administrator shall brief the congressional committees of
    jurisdiction on specific measures the Administrator has taken to
    reinforce that each employee of the Administration responsible for
    overseeing an organization designation authorization with respect to
    the certification of aircraft perform such responsibility in accordance
    with safety management principles and in the public interest of
    aviation safety.

    SEC. 110. APPEALS OF CERTIFICATION DECISIONS.

        (a) In General.--Section 44704, of title 49, United States Code, as
    amended by section 105(b), is further amended by adding at the end the
    following:
        ``(g) Certification Dispute Resolution.--
                ``(1) Dispute resolution process and appeals.--
                        ``(A) In general.--Not later than 60 days after the
                    date of enactment of this subsection, the Administrator
                    shall issue an order establishing--
                                ``(i) an effective, timely, and milestone-
                            based issue resolution process for type
                            certification activities under subsection (a);
                            and
                                ``(ii) a process by which a decision,
                            finding of compliance or noncompliance, or
                            other act of the Administration, with respect
                            to compliance with design requirements, may be
                            appealed by a covered person directly involved
                            with the certification activities in dispute on
                            the basis that such decision, finding, or act
                            is erroneous or inconsistent with this chapter,
                            regulations, or guidance materials promulgated
                            by the Administrator, or other requirements.
                        ``(B) Escalation.--The order issued under
                    subparagraph (A) shall provide processes for--
                                ``(i) resolution of technical issues at
                            pre-established stages of the certification
                            process, as agreed to by the Administrator and
                            the type certificate applicant;
                                ``(ii) automatic elevation to appropriate
                            management personnel of the Administration and
                            the type certificate applicant of any major
                            certification process milestone that is not
                            completed or resolved within a specific period
                            of time agreed to by the Administrator and the
                            type certificate applicant;
                                ``(iii) resolution of a major certification
                            process milestone elevated pursuant to clause
                            (ii) within a specific period of time agreed to
                            by the Administrator and the type certificate
                            applicant;
                                ``(iv) initial review by appropriate
                            Administration employees of any appeal
                            described in subparagraph (A)(ii); and
                                ``(v) subsequent review of any further
                            appeal by appropriate management personnel of
                            the Administration and the Associate
                            Administrator for Aviation Safety.
                        ``(C) Disposition.--
                                ``(i) Written decision.--The Associate
                            Administrator for Aviation Safety shall issue a
                            written decision that states the grounds for
                            the decision of the Associate Administrator
                            on--
                                        ``(I) each appeal submitted under
                                    subparagraph (A)(ii); and
                                        ``(II) An appeal to the Associate
                                    Administrator submitted under
                                    subparagraph (B)(v).
                                ``(ii) Report to congress.--Not later than
                            December 31 of each calendar year through
                            calendar year 2025, the Administrator shall
                            submit to the Committee on Transportation and
                            Infrastructure of the House of Representatives
                            and the Committee on Commerce, Science, and
                            Transportation of the Senate a report
                            summarizing each appeal resolved under this
                            subsection.
                        ``(D) Final review.--
                                ``(i) In general.--A written decision of
                            the Associate Administrator under subparagraph
                            (C) may be appealed to the Administrator for a
                            final review and determination.
                                ``(ii) Decline to review.--The
                            Administrator may decline to review an appeal
                            initiated pursuant to clause (i).
                                ``(iii) Judicial review.--No decision under
                            this paragraph (including a decision to decline
                            to review an appeal) shall be subject to
                            judicial review.
                ``(2) Prohibited contacts.--
                        ``(A) Prohibition generally.--During the course of
                    an appeal under this subsection, no covered official
                    may engage in an ex parte communication (as defined in
                    section 551 of title 5) with an individual representing
                    or acting on behalf of an applicant for, or holder of,
                    a certificate under this section in relation to such
                    appeal unless such communication is disclosed pursuant
                    to subparagraph (B).
                        ``(B) Disclosure.--If, during the course of an
                    appeal under this subsection, a covered official
                    engages in, receives, or is otherwise made aware of an
                    ex parte communication, the covered official shall
                    disclose such communication in the public record at the
                    time of the issuance of the written decision under
                    paragraph (1)(C), including the time and date of the
                    communication, subject of communication, and all
                    persons engaged in such communication.
                ``(3) Definitions.--In this subsection:
                        ``(A) Covered person.--The term `covered person'
                    means either--
                                ``(i) an employee of the Administration
                            whose responsibilities relate to the
                            certification of aircraft, engines, propellers,
                            or appliances; or
                                ``(ii) an applicant for, or holder of, a
                            type certificate or amended type certificate
                            issued under this section.
                        ``(B) Covered official.--The term `covered
                    official' means the following officials:
                                ``(i) The Executive Director or any Deputy
                            Director of the Aircraft Certification Service.
                                ``(ii) The Deputy Executive Director for
                            Regulatory Operations of the Aircraft
                            Certification Service.
                                ``(iii) The Director or Deputy Director of
                            the Compliance and Airworthiness Division of
                            the Aircraft Certification Service.
                                ``(iv) The Director or Deputy Director of
                            the System Oversight Division of the Aircraft
                            Certification Service.
                                ``(v) The Director or Deputy Director of
                            the Policy and Innovation Division of the
                            Aircraft Certification Service.
                                ``(vi) The Executive Director or any Deputy
                            Executive Director of the Flight Standards
                            Service.
                                ``(vii) The Associate Administrator or
                            Deputy Associate Administrator for Aviation
                            Safety.
                                ``(viii) The Deputy Administrator of the
                            Federal Aviation Administration.
                                ``(ix) The Administrator of the Federal
                            Aviation Administration.
                                ``(x) Any similarly situated or successor
                            FAA management position to those described in
                            clauses (i) through (ix), as determined by the
                            Administrator.
                        ``(C) Major certification process milestone.--The
                    term `major certification process milestone' means a
                    milestone related to the type certification basis, type
                    certification plan, type inspection authorization,
                    issue paper, or other major type certification activity
                    agreed to by the Administrator and the type certificate
                    applicant.
                ``(4) Rule of construction.--Nothing in this subsection
            shall apply to the communication of a good-faith complaint by
            any individual alleging--
                        ``(A) gross misconduct;
                        ``(B) a violation of title 18; or
                        ``(C) a violation of any of the provisions of part
                    2635 or 6001 of title 5, Code of Federal
                    Regulations.''.
        (b) Conforming Amendment.--Section 44704(a) of title 49, United
    States Code, is amended by striking paragraph (6).

    SEC. 111. EMPLOYMENT RESTRICTIONS.

        (a) Disqualification Based on Prior Employment.--An employee of the
    Administration with supervisory responsibility may not direct, conduct,
    or otherwise participate in oversight of a holder of a certificate
    issued under section 44704 of title 49, United States Code, that
    previously employed such employee in the preceding 1-year period.
        (b) Post-employment Restrictions.--Section 44711(d) of title 49,
    United States Code, is amended to read as follows:
        ``(d) Post-employment Restrictions for Inspectors and Engineers.--
                ``(1) Prohibition.--A person holding a certificate issued
            under part 21 or 119 of title 14, Code of Federal Regulations,
            may not knowingly employ, or make a contractual arrangement
            that permits, an individual to act as an agent or
            representative of such person in any matter before the
            Administration if the individual, in the preceding 2-year
            period--
                        ``(A) served as, or was responsible for oversight
                    of--
                                ``(i) a flight standards inspector of the
                            Administration; or
                                ``(ii) an employee of the Administration
                            with responsibility for certification functions
                            with respect to a holder of a certificate
                            issued under section 44704(a); and
                        ``(B) had responsibility to inspect, or oversee
                    inspection of, the operations of such person.
                ``(2) Written and oral communications.--For purposes of
            paragraph (1), an individual shall be considered to be acting
            as an agent or representative of a certificate holder in a
            matter before the Administration if the individual makes any
            written or oral communication on behalf of the certificate
            holder to the Administration (or any of its officers or
            employees) in connection with a particular matter, whether or
            not involving a specific party and without regard to whether
            the individual has participated in, or had responsibility for,
            the particular matter while serving as an individual covered
            under paragraph (1).''.

    SEC. 112. PROFESSIONAL DEVELOPMENT, SKILLS ENHANCEMENT, CONTINUING
                  EDUCATION AND TRAINING.

        (a) In General.--Chapter 445 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 44519. Certification personnel continuing education and training
        ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall--
                ``(1) develop a program for regular recurrent training of
            engineers, inspectors, and other subject-matter experts
            employed in the Aircraft Certification Service of the
            Administration in accordance with the training strategy
            developed pursuant to section 231 of the FAA Reauthorization
            Act of 2018 (Public Law 115-254; 132 Stat. 3256);
                ``(2) to the maximum extent practicable, implement
            measures, including assignments in multiple divisions of the
            Aircraft Certification Service, to ensure that such engineers
            and other subject-matter experts in the Aircraft Certification
            Service have access to diverse professional opportunities that
            expand their knowledge and skills;
                ``(3) develop a program to provide continuing education and
            training to Administration personnel who hold positions
            involving aircraft certification and flight standards,
            including human factors specialists, engineers, flight test
            pilots, inspectors, and, as determined appropriate by the
            Administrator, industry personnel who may be responsible for
            compliance activities including designees; and
                ``(4) in consultation with outside experts, develop--
                        ``(A) an education and training curriculum on
                    current and new aircraft technologies, human factors,
                    project management, and the roles and responsibilities
                    associated with oversight of designees; and
                        ``(B) recommended practices for compliance with
                    Administration regulations.
        ``(b) Implementation.--The Administrator shall, to the maximum
    extent practicable, ensure that actions taken pursuant to subsection
    (a)--
                ``(1) permit engineers, inspectors, and other subject
            matter experts to continue developing knowledge of, and
            expertise in, new and emerging technologies in systems design,
            flight controls, principles of aviation safety, system
            oversight, and certification project management;
                ``(2) minimize the likelihood of an individual developing
            an inappropriate bias toward a designer or manufacturer of
            aircraft, aircraft engines, propellers, or appliances;
                ``(3) are consistent with any applicable collective
            bargaining agreements; and
                ``(4) account for gaps in knowledge and skills (as
            identified by the Administrator in consultation with the
            exclusive bargaining representatives certified under section
            7111 of title 5, United States Code) between Administration
            employees and private-sector employees for each group of
            Administration employees covered under this section.
        ``(c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator, $10,000,000 for each of fiscal years
    2021 through 2023 to carry out this section. Amounts appropriated under
    the preceding sentence for any fiscal year shall remain available until
    expended.''.
        (b) Table of Contents.--The analysis for chapter 445 of title 49,
    United States Code, is amended by inserting after the item relating to
    section 44518 the following:

    ``44519. Certification personnel continuing education and training.''.

    SEC. 113. VOLUNTARY SAFETY REPORTING PROGRAM.

        (a) In General.--Not later than 1 year after the date of enactment
    of this title, the Administrator shall establish a voluntary safety
    reporting program for engineers, safety inspectors, systems safety
    specialists, and other subject matter experts certified under section
    7111 of title 5, United States Code, to confidentially report instances
    where they have identified safety concerns during certification or
    oversight processes.
        (b) Safety Reporting Program Requirements.--In establishing the
    safety reporting program under subsection (a), the Administrator shall
    ensure the following:
                (1) The FAA maintains a reporting culture that encourages
            human factors specialists, engineers, flight test pilots,
            inspectors, and other appropriate FAA employees to voluntarily
            report safety concerns.
                (2) The safety reporting program is non-punitive,
            confidential, and protects employees from adverse employment
            actions related to their participation in the program.
                (3) The safety reporting program identifies exclusionary
            criteria for the program.
                (4) Collaborative development of the program with
            bargaining representatives of employees under section 7111 of
            title 5, United States Code, who are employed in the Aircraft
            Certification Service or Flight Standards Service of the
            Administration (or, if unable to reach an agreement
            collaboratively, the Administrator shall negotiate with the
            representatives in accordance with section 40122(a) of title
            49, United States Code, regarding the development of the
            program).
                (5) Full and collaborative participation in the program by
            the bargaining representatives of employees described in
            paragraph (4).
                (6) The Administrator thoroughly reviews safety reports to
            determine whether there is a safety issue, including a hazard,
            defect, noncompliance, nonconformance, or process error.
                (7) The Administrator thoroughly reviews safety reports to
            determine whether any aircraft certification process
            contributed to the safety concern being raised.
                (8) The creation of a corrective action process in order to
            address safety issues that are identified through the program.
        (c) Outcomes.--Results of safety report reviews under this section
    may be used to--
                (1) improve--
                        (A) safety systems, hazard control, and risk
                    reduction;
                        (B) certification systems;
                        (C) FAA oversight;
                        (D) compliance and conformance; and
                        (E) any other matter determined necessary by the
                    Administrator; and
                (2) implement lessons learned.
        (d) Report Filing.--The Administrator shall establish requirements
    for when in the certification process reports may be filed to--
                (1) ensure that identified issues can be addressed in a
            timely manner; and
                (2) foster open dialogue between applicants and FAA
            employees throughout the certification process.
        (e) Integration With Other Safety Reporting Programs.--The
    Administrator shall implement the safety reporting program established
    under subsection (a) and the reporting requirements established
    pursuant to subsection (d) in a manner that is consistent with other
    voluntary safety reporting programs administered by the Administrator.
        (f) Report to Congress.--Not later than 2 years after the date of
    enactment of this title, and annually thereafter through fiscal year
    2023, the Administrator shall submit to the congressional committees of
    jurisdiction a report on the effectiveness of the safety reporting
    program established under subsection (a).

    SEC. 114. COMPENSATION LIMITATION.

        Section 106(l) of title 49, United States Code, is amended by
    adding at the end the following:
                ``(7) Prohibition on certain performance-based
            incentives.--No employee of the Administration shall be given
            an award, financial incentive, or other compensation, as a
            result of actions to meet performance goals related to meeting
            or exceeding schedules, quotas, or deadlines for certificates
            issued under section 44704.''.

    SEC. 115. SYSTEM SAFETY ASSESSMENTS AND OTHER REQUIREMENTS.

        (a) In General.--Not later than 2 years after the date of enactment
    of this title, the Administrator shall issue such regulations as are
    necessary to amend part 25 of title 14, Code of Federal Regulations,
    and any associated advisory circular, guidance, or policy of the
    Administration, in accordance with this section.
        (b) System Safety Assessments and Other Requirements.--In
    developing regulations under subsection (a), the Administrator shall--
                (1) require an applicant for an amended type certificate
            for a transport airplane to--
                        (A) perform a system safety assessment with respect
                    to each proposed design change that the Administrator
                    determines is significant, with such assessment
                    considering the airplane-level effects of individual
                    errors, malfunctions, or failures and realistic pilot
                    response times to such errors, malfunctions, or
                    failures;
                        (B) update such assessment to account for each
                    subsequent proposed design change that the
                    Administrator determines is significant;
                        (C) provide appropriate employees of the
                    Administration with the data and assumptions underlying
                    each assessment and amended assessment; and
                        (D) provide for document traceability and clarity
                    of explanations for changes to aircraft type designs
                    and system safety assessment certification documents;
                    and
                (2) work with other civil aviation authorities representing
            states of design to ensure such regulations remain harmonized
            internationally.
        (c) Guidance.--Guidance or an advisory circular issued under
    subsection (a) shall, at minimum--
                (1) emphasize the importance of clear documentation of the
            technical details and failure modes and effects of a design
            change described in subsection (b)(1); and
                (2) ensure appropriate review of any change that results in
            a functional hazard assessment classification of major or
            greater, as such term is defined in FAA Advisory Circular
            25.1309-1A (or any successor or replacement document).
        (d) FAA Review.--Appropriate employees of the Aircraft
    Certification Service and the Flight Standards Service of the
    Administration shall review each system safety assessment required
    under subsection (b)(1)(A), updated assessment required under
    subsection (b)(1)(B), and supporting data and assumptions required
    under subsection (b)(1)(C), to ensure that each such assessment
    sufficiently addresses the considerations listed in subsection
    (b)(1)(A).

    SEC. 116. FLIGHT CREW ALERTING.

        (a) In General.--Not later than 1 year after the date of enactment
    of this title, the Administrator shall implement National
    Transportation Safety Board recommendations A-19-11 and A-19-12 (as
    contained in the safety recommendation report adopted on September 9,
    2019).
        (b) Prohibition.--Beginning on the date that is 2 years after the
    date of enactment of this title, the Administrator may not issue a type
    certificate for a transport category aircraft unless--
                (1) in the case of a transport airplane, such airplane
            incorporates a flight crew alerting system that, at a minimum,
            displays and differentiates among warnings, cautions, and
            advisories, and includes functions to assist the flight crew in
            prioritizing corrective actions and responding to systems
            failures; or
                (2) in the case of a transport category aircraft other than
            a transport airplane, the type certificate applicant provides a
            means acceptable to the Administrator to assist the flight crew
            in prioritizing corrective actions and responding to systems
            failures (including by cockpit or flight manual procedures).
        (c) Existing Airplane Designs.--It is the sense of Congress that
    the FAA shall ensure that any system safety assessment with respect to
    the Boeing 737-7, 737-8, 737-9, and 737-10 airplanes, as described in
    National Transportation Safety Board recommendation A-19-10, is
    conducted in accordance with such recommendation.

    SEC. 117. CHANGED PRODUCT RULE.

        (a) Review and Reevaluation of Amended Type Certificates.--
                (1) International leadership.--The Administrator shall
            exercise leadership in the creation of international policies
            and standards relating to the issuance of amended type
            certificates within the Certification Management Team.
                (2) Reevaluation of amended type certificates.--In carrying
            out this subsection, the Administrator shall--
                        (A) encourage Certification Management Team members
                    to examine and address any relevant covered
                    recommendations (as defined in section 121(c)) relating
                    to the issuance of amended type certificates;
                        (B) reevaluate existing assumptions and practices
                    inherent in the amended type certificate process and
                    assess whether such assumptions and practices are
                    valid; and
                        (C) ensure, to the greatest extent practicable,
                    that Federal regulations relating to the issuance of
                    amended type certificates are harmonized with the
                    regulations of other international states of design.
        (b) Amended Type Certificate Report and Rulemaking.--
                (1) Briefings.--Not later than 12 months after the date of
            enactment of this title, and annually thereafter through fiscal
            year 2023, the Administrator shall brief the congressional
            committees of jurisdiction on the work and status of the
            development of such recommendations by the Certification
            Management Team.
                (2) Initiation of action.--Not later than 2 years after the
            date of enactment of this title, the Administrator shall take
            action to revise and improve the process of issuing amended
            type certificates in accordance with this section. Such action
            shall include, at minimum--
                        (A) initiation of a rulemaking proceeding; and
                        (B) development or revision of guidance and
                    training materials.
                (3) Contents.--In taking actions required under paragraph
            (2), the Administrator shall do the following:
                        (A) Ensure that proposed changes to an aircraft are
                    evaluated from an integrated whole aircraft system
                    perspective that examines the integration of proposed
                    changes with existing systems and associated impacts.
                        (B) Define key terms used for the changed product
                    process under sections 21.19 and 21.101 of title 14,
                    Code of Federal Regulations.
                        (C) Consider--
                                (i) the findings and work of the
                            Certification Management Team and other similar
                            international harmonization efforts;
                                (ii) any relevant covered recommendations
                            (as defined in section 121(c)); and
                                (iii) whether a fixed time beyond which a
                            type certificate may not be amended would
                            improve aviation safety.
                        (D) Establish the extent to which the following
                    design characteristics should preclude the issuance of
                    an amended type certificate:
                                (i) A new or revised flight control system.
                                (ii) Any substantial changes to aerodynamic
                            stability resulting from a physical change that
                            may require a new or modified software system
                            or control law in order to produce positive and
                            acceptable stability and handling qualities.
                                (iii) A flight control system or augmented
                            software to maintain aerodynamic stability in
                            any portion of the flight envelope that was not
                            required for a previously certified derivative.
                                (iv) A change in structural components
                            (other than a stretch or shrink of the
                            fuselage) that results in a change in
                            structural load paths or the magnitude of
                            structural loads attributed to flight maneuvers
                            or cabin pressurization.
                                (v) A novel or unusual system, component,
                            or other feature whose failure would present a
                            hazardous or catastrophic risk.
                        (E) Develop objective criteria for helping to
                    determine what constitutes a substantial change and a
                    significant change.
                        (F) Implement mandatory aircraft-level reviews
                    throughout the certification process to validate the
                    certification basis and assumptions.
                        (G) Require maintenance of relevant records of
                    agreements between the FAA and an applicant that affect
                    certification documentation and deliverables.
                        (H) Ensure appropriate documentation of any
                    exception or exemption from airworthiness requirements
                    codified in title 14 of the Code of Federal
                    Regulations, as in effect on the date of application
                    for the change.
                (4) Guidance materials.--The Administrator shall consider
            the following when developing orders and regulatory guidance,
            including advisory circulars, where appropriate:
                        (A) Early FAA involvement and feedback paths in the
                    aircraft certification process to ensure the FAA is
                    aware of changes to design assumptions and product
                    design impacting a changed product assessment.
                        (B) Presentation to the FAA of new technology,
                    novel design, or safety critical features or systems,
                    initially and throughout the certification process,
                    when development and certification prompt design or
                    compliance method revision.
                        (C) Examples of key terms used for the changed
                    product process under sections 21.19 and 21.101 of
                    title 14, Code of Federal Regulations.
                        (D) Type certificate data sheet improvements to
                    accurately state which regulations and amendment level
                    the aircraft complies to and when compliance is limited
                    to a subset of the aircraft.
                        (E) Policies to guide applicants on proper
                    visibility, clarity, and consistency of key design and
                    compliance information that is submitted for
                    certification, particularly with new design features.
                        (F) The creation, validation, and implementation of
                    analytical tools appropriate for the analysis of
                    complex system for the FAA and applicants.
                        (G) Early coordination processes with the FAA for
                    the functional hazard assessments validation and
                    preliminary system safety assessments review.
                (5) Training materials.--The Administrator shall--
                        (A) develop training materials for establishing the
                    certification basis for changed aeronautical products
                    pursuant to section 21.101 of title 14, Code of Federal
                    Regulations, applications for a new type certificate
                    pursuant to section 21.19 of such title, and the
                    regulatory guidance developed as a result of the
                    rulemaking conducted pursuant to paragraph (2); and
                        (B) procedures for disseminating such materials to
                    implementing personnel of the FAA, designees, and
                    applicants.
                (6) Certification management team defined.--In this
            section, the term ``Certification Management Team'' means the
            team framework under which the FAA, the European Aviation
            Safety Agency, the Transport Canada Civil Aviation, and the
            National Civil Aviation Agency of Brazil, manage the technical,
            policy, certification, manufacturing, export, and continued
            airworthiness issues common among the 4 authorities.
                (7) Deadline.--The Administrator shall finalize the actions
            initiated under paragraph (2) not later than 3 years after the
            date of enactment of this title.
        (c) International Leadership.--The Administrator shall exercise
    leadership within the ICAO and among other civil aviation regulators
    representing states of aircraft design to advocate for the adoption of
    an amended changed product rule on a global basis, consistent with ICAO
    standards.

    SEC. 118. WHISTLEBLOWER PROTECTIONS.

        Section 42121 of title 49, United States Code, is amended--
                (1) by striking subsection (a) and inserting the following:
        ``(a) Prohibited Discrimination.--A holder of a certificate under
    section 44704 or 44705 of this title, or a contractor, subcontractor,
    or supplier of such holder, may not discharge an employee or otherwise
    discriminate against an employee with respect to compensation, terms,
    conditions, or privileges of employment because the employee (or any
    person acting pursuant to a request of the employee)--
                ``(1) provided, caused to be provided, or is about to
            provide (with any knowledge of the employer) or cause to be
            provided to the employer or Federal Government information
            relating to any violation or alleged violation of any order,
            regulation, or standard of the Federal Aviation Administration
            or any other provision of Federal law relating to aviation
            safety under this subtitle or any other law of the United
            States;
                ``(2) has filed, caused to be filed, or is about to file
            (with any knowledge of the employer) or cause to be filed a
            proceeding relating to any violation or alleged violation of
            any order, regulation, or standard of the Federal Aviation
            Administration or any other provision of Federal law relating
            to aviation safety under this subtitle or any other law of the
            United States;
                ``(3) testified or is about to testify in such a
            proceeding; or
                ``(4) assisted or participated or is about to assist or
            participate in such a proceeding.'';
                (2) by striking subsection (d) and inserting the following:
        ``(d) Nonapplicability to Deliberate Violations.--Subsection (a)
    shall not apply with respect to an employee of a holder of a
    certificate issued under section 44704 or 44705, or a contractor or
    subcontractor thereof, who, acting without direction from such
    certificate-holder, contractor, or subcontractor (or such person's
    agent), deliberately causes a violation of any requirement relating to
    aviation safety under this subtitle or any other law of the United
    States.''; and
                (3) by striking subsection (e) and inserting the following:
        ``(e) Contractor Defined.--In this section, the term `contractor'
    means--
                ``(1) a person that performs safety-sensitive functions by
            contract for an air carrier or commercial operator; or
                ``(2) a person that performs safety-sensitive functions
            related to the design or production of an aircraft, aircraft
            engine, propeller, appliance, or component thereof by contract
            for a holder of a certificate issued under section 44704.''.

    SEC. 119. DOMESTIC AND INTERNATIONAL PILOT TRAINING.

        (a) In General.--Chapter 447 of title 49, United States Code, as
    amended by section 107, is further amended by adding at the end the
    following:
    ``Sec. 44743. Pilot training requirements
        ``(a) In General.--
                ``(1) Administrator's determination.--In establishing any
            pilot training requirements with respect to a new transport
            airplane, the Administrator of the Federal Aviation
            Administration shall independently review any proposal by the
            manufacturer of such airplane with respect to the scope,
            format, or minimum level of training required for operation of
            such airplane.
                ``(2) Assurances and marketing representations.--Before the
            Administrator has established applicable training requirements,
            an applicant for a new or amended type certificate for an
            airplane described in paragraph (1) may not, with respect to
            the scope, format, or magnitude of pilot training for such
            airplane--
                        ``(A) make any assurance or other contractual
                    commitment, whether verbal or in writing, to a
                    potential purchaser of such airplane unless a clear and
                    conspicuous disclaimer (as defined by the
                    Administrator) is included regarding the status of
                    training required for operation of such airplane; or
                        ``(B) provide financial incentives (including
                    rebates) to a potential purchaser of such airplane
                    regarding the scope, format, or magnitude of pilot
                    training for such airplane.
        ``(b) Pilot Response Time.--Beginning on the day after the date on
    which regulations are issued under section 119(c)(6) of the Aircraft
    Certification, Safety, and Accountability Act, the Administrator may
    not issue a new or amended type certificate for an airplane described
    in subsection (a) unless the applicant for such certificate has
    demonstrated to the Administrator that the applicant has accounted for
    realistic assumptions regarding the time for pilot responses to non-
    normal conditions in designing the systems and instrumentation of such
    airplane. Such assumptions shall--
                ``(1) be based on test data, analysis, or other technical
            validation methods; and
                ``(2) account for generally accepted scientific consensus
            among experts in human factors regarding realistic pilot
            response time.
        ``(c) Definition.--In this section, the term `transport airplane'
    means a transport category airplane designed for operation by an air
    carrier or foreign air carrier type-certificated with a passenger
    seating capacity of 30 or more or an all-cargo or combi derivative of
    such an airplane.''.
        (b) Conforming Amendment.--The analysis for chapter 447 of title
    49, United States Code, is further amended by adding at the end the
    following:

    ``44743. Pilot training requirements.''.
        (c) Expert Safety Review.--
                (1) In general.--Not later than 30 days after the date of
            enactment of this title, the Administrator shall initiate an
            expert safety review of assumptions relied upon by the
            Administration and manufacturers of transport category aircraft
            in the design and certification of such aircraft.
                (2) Contents.--The expert safety review required under
            paragraph (1) shall include--
                        (A) a review of Administration regulations,
                    guidance, and directives related to pilot response
                    assumptions relied upon by the FAA and manufacturers of
                    transport category aircraft in the design and
                    certification of such aircraft, and human factors and
                    human system integration, particularly those related to
                    pilot and aircraft interfaces;
                        (B) a focused review of the assumptions relied on
                    regarding the time for pilot responses to non-normal
                    conditions in designing such aircraft's systems and
                    instrumentation, including responses to safety-
                    significant failure conditions and failure scenarios
                    that trigger multiple, and possibly conflicting,
                    warnings and alerts;
                        (C) a review of human factors assumptions with
                    applicable operational data, human factors research and
                    the input of human factors experts and FAA operational
                    data, and as appropriate, recommendations for
                    modifications to existing assumptions;
                        (D) a review of revisions made to the airman
                    certification standards for certificates over the last
                    4 years, including any possible effects on pilot
                    competency in basic manual flying skills;
                        (E) consideration of the global nature of the
                    aviation marketplace, varying levels of pilot
                    competency, and differences in pilot training programs
                    worldwide;
                        (F) a process for aviation stakeholders, including
                    pilots, airlines, inspectors, engineers, test pilots,
                    human factors experts, and other aviation safety
                    experts, to provide and discuss any observations,
                    feedback, and best practices;
                        (G) a review of processes currently in place to
                    ensure that when carrying out the certification of a
                    new aircraft type, or an amended type, the cumulative
                    effects that new technologies, and the interaction
                    between new technologies and unchanged systems for an
                    amended type certificate, may have on pilot
                    interactions with aircraft systems are properly
                    assessed through system safety assessments or
                    otherwise; and
                        (H) a review of processes currently in place to
                    account for any necessary adjustments to system safety
                    assessments, pilot procedures and training
                    requirements, or design requirements when there are
                    changes to the assumptions relied upon by the
                    Administration and manufacturers of transport category
                    aircraft in the design and certification of such
                    aircraft.
                (3) Report and recommendations.--Not later than 30 days
            after the conclusion of the expert safety review pursuant to
            paragraph (1), the Administrator shall submit to the
            congressional committees of jurisdiction a report on the
            results of the review, including any recommendations for
            actions or best practices to ensure the FAA and the
            manufacturers of transport category aircraft have accounted for
            pilot response assumptions to be relied upon in the design and
            certification of transport category aircraft and tools or
            methods identified to better integrate human factors throughout
            the process for such certification.
                (4) International engagement.--The Administrator shall
            notify other international regulators that certify transport
            category aircraft type designs of the expert panel report and
            encourage them to review the report and evaluate their
            regulations and processes in light of the recommendations
            included in the report.
                (5) Termination.--The expert safety review shall end upon
            submission of the report required pursuant to paragraph (3).
                (6) Regulations.--The Administrator shall issue or update
            such regulations as are necessary to implement the
            recommendations of the expert safety review that the
            Administrator determines are necessary to improve aviation
            safety.
        (d) Call to Action on Airman Certification Standards.--
                (1) In general.--Not later than 60 days after the date of
            enactment of this title, the Administrator shall initiate a
            call to action safety review of pilot certification standards
            in order to bring stakeholders together to share lessons
            learned, best practices, and implement actions to address any
            safety issues identified.
                (2) Contents.--The call to action safety review required
            under paragraph (1) shall include--
                        (A) a review of Administration regulations,
                    guidance, and directives related to the pilot
                    certification standards, including the oversight of
                    those processes;
                        (B) a review of revisions made to the pilot
                    certification standards for certificates over the last
                    5 years, including any possible effects on pilot
                    competency in manual flying skills and effectively
                    managing automation to improve safety; and
                        (C) a process for aviation stakeholders, including
                    aviation students, instructors, designated pilot
                    examiners, pilots, airlines, labor, and aviation safety
                    experts, to provide and discuss any observations,
                    feedback, and best practices.
                (3) Report and recommendations.--Not later than 90 days
            after the conclusion of the call to action safety review
            pursuant to paragraph (1), the Administrator shall submit to
            the congressional committees of jurisdiction a report on the
            results of the review, any recommendations for actions or best
            practices to ensure pilot competency in basic manual flying
            skills and in effective management of automation, and actions
            the Administrator will take in response to the recommendations.
        (e) International Pilot Training.--
                (1) In general.--The Secretary of Transportation, the
            Administrator, and other appropriate officials of the
            Government shall exercise leadership in setting global
            standards to improve air carrier pilot training and
            qualifications for--
                        (A) monitoring and managing the behavior and
                    performance of automated systems;
                        (B) controlling the flightpath of aircraft without
                    autoflight systems engaged;
                        (C) effectively utilizing and managing autoflight
                    systems, when appropriate;
                        (D) effectively identifying situations in which the
                    use of autoflight systems is appropriate and when such
                    use is not appropriate; and
                        (E) recognizing and responding appropriately to
                    non-normal conditions.
                (2) International leadership.--The Secretary, the
            Administrator, and other appropriate officials of the
            Government shall exercise leadership under paragraph (1) by
            working with--
                        (A) foreign counterparts of the Administrator in
                    the ICAO and its subsidiary organizations;
                        (B) other international organizations and fora; and
                        (C) the private sector.
                (3) Considerations.--In exercising leadership under
            paragraph (1), the Secretary, the Administrator, and other
            appropriate officials of the Government shall consider--
                        (A) the latest information relating to human
                    factors;
                        (B) aircraft manufacturing trends, including those
                    relating to increased automation in the cockpit;
                        (C) the extent to which cockpit automation improves
                    aviation safety and introduces novel risks;
                        (D) the availability of opportunities for pilots to
                    practice manual flying skills;
                        (E) the need for consistency in maintaining and
                    enhancing manual flying skills worldwide;
                        (F) recommended practices of other countries that
                    enhance manual flying skills and automation management;
                    and
                        (G) whether a need exists for initial and recurrent
                    training standards for improve pilots' proficiency in
                    manual flight and in effective management of autoflight
                    systems.
                (4) Congressional briefing.--The Secretary, the
            Administrator, and other appropriate officials of the
            Government shall provide to the congressional committees of
            jurisdiction regular briefings on the status of efforts
            undertaken pursuant to this subsection.
        (f) International Aviation Safety.--Section 40104(b) of title 49,
    United States Code, is amended--
                (1) by striking ``The Administrator shall'' and inserting
            the following:
                ``(1) In general.--The Administrator shall''; and
                (2) by adding at the end the following:
                ``(2) Bilateral and multilateral engagement; technical
            assistance.--The Administrator shall--
                        ``(A) in consultation with the Secretary of State,
                    engage bilaterally and multilaterally, including with
                    the International Civil Aviation Organization, on an
                    ongoing basis to bolster international collaboration,
                    data sharing, and harmonization of international
                    aviation safety requirements including through--
                                ``(i) sharing of continued operational
                            safety information;
                                ``(ii) prioritization of pilot training
                            deficiencies, including manual flying skills
                            and flight crew training, to discourage over
                            reliance on automation, further bolstering the
                            components of airmanship;
                                ``(iii) encouraging the consideration of
                            the safety advantages of appropriate Federal
                            regulations, which may include relevant Federal
                            regulations pertaining to flight crew training
                            requirements; and
                                ``(iv) prioritizing any other flight crew
                            training areas that the Administrator believes
                            will enhance all international aviation safety;
                            and
                        ``(B) seek to expand technical assistance provided
                    by the Federal Aviation Administration in support of
                    enhancing international aviation safety, including by--
                                ``(i) promoting and enhancing effective
                            oversight systems, including operational safety
                            enhancements identified through data collection
                            and analysis;
                                ``(ii) promoting and encouraging compliance
                            with international safety standards by
                            counterpart civil aviation authorities;
                                ``(iii) minimizing cybersecurity threats
                            and vulnerabilities across the aviation
                            ecosystem;
                                ``(iv) supporting the sharing of safety
                            information, best practices, risk assessments,
                            and mitigations through established
                            international aviation safety groups; and
                                ``(v) providing technical assistance on any
                            other aspect of aviation safety that the
                            Administrator determines is likely to enhance
                            international aviation safety.''.
                (3) Authorization of appropriations.--There is authorized
            to be appropriated to the Administrator, $2,000,000 for each of
            fiscal years 2021 through 2023, to carry out section
            40104(b)(2) of title 49, United States Code (as added by
            paragraph (2)).
        (g) Assistance to Foreign Aviation Authorities.--
                (1) In general.--Section 40113(e)(1) of title 49, United
            States Code, is amended by inserting ``The Administrator may
            also provide technical assistance related to all aviation
            safety-related training and operational services in connection
            with bilateral and multilateral agreements, including further
            bolstering the components of airmanship.'' after the first
            sentence.
                (2) Authorization of appropriations.--Section 40113(e) of
            title 49, United States Code, is amended by adding at the end
            the following:
                ``(5) Authorization of appropriations.--There is authorized
            to be appropriated to the Administrator, $5,000,000 for each of
            fiscal years 2021 through 2023, to carry out this subsection.
            Amounts appropriated under the preceding sentence for any
            fiscal year shall remain available until expended.''.
        (h) Sense of Congress Regarding International Pilot Training
    Standards.--
                (1) Findings.--Congress makes the following findings:
                        (A) Increased reliance on automation in commercial
                    aviation risks a degradation of pilot skills in flight
                    path management using manual flight control.
                        (B) Manual flight skills are essential for pilot
                    confidence and competence.
                        (C) During the 40th Assembly of ICAO, the United
                    States, Canada, Peru, and Trinidad and Tobago presented
                    a working paper titled, ``Pilot Training Improvements
                    to Address Automation Dependency''.
                        (D) The working paper outlines recommendations for
                    the Assembly to mitigate the consequences of automation
                    dependency, including identifying competency
                    requirements for flight path management using manual
                    flight control and assessing the need for new or
                    amended international standards or guidance.
                (2) Sense of congress.--It is the sense of Congress that,
            as soon as practicable--
                        (A) the recommendations included in the working
                    paper titled ``Pilot Training Improvements to Address
                    Automation Dependency'' offered by the United States at
                    the 40th Assembly of ICAO should be made a priority by
                    the Assembly; and
                        (B) the United States should work with ICAO and
                    other international aviation safety groups, further
                    bolstering the components of airmanship.

    SEC. 120. NONCONFORMITY WITH APPROVED TYPE DESIGN.

        Section 44704(d) of title 49, United States Code, is amended by
    adding at the end the following:
                ``(3) Nonconformity with approved type design.--
                        ``(A) In general.--Consistent with the requirements
                    of paragraph (1), a holder of a production certificate
                    for an aircraft may not present a nonconforming
                    aircraft, either directly or through the registered
                    owner of such aircraft or a person described in
                    paragraph (2), to the Administrator for issuance of an
                    initial airworthiness certificate.
                        ``(B) Civil penalty.--Notwithstanding section
                    46301, a production certificate holder who knowingly
                    violates subparagraph (A) shall be liable to the
                    Administrator for a civil penalty of not more than
                    $1,000,000 for each nonconforming aircraft.
                        ``(C) Penalty considerations.--In determining the
                    amount of a civil penalty under subparagraph (B), the
                    Administrator shall consider--
                                ``(i) the nature, circumstances, extent,
                            and gravity of the violation, including the
                            length of time the nonconformity was known by
                            the holder of a production certificate but not
                            disclosed; and
                                ``(ii) with respect to the violator, the
                            degree of culpability, any history of prior
                            violations, and the size of the business
                            concern.
                        ``(D) Nonconforming aircraft defined.--In this
                    paragraph, the term `nonconforming aircraft' means an
                    aircraft that does not conform to the approved type
                    design for such aircraft type.''.

    SEC. 121. IMPLEMENTATION OF RECOMMENDATIONS.

        (a) In General.--Not later than 1 year after the date of enactment
    of this title, the Administrator shall submit a report to the
    congressional committees of jurisdiction on the status of the
    Administration's implementation of covered recommendations.
        (b) Contents.--The report required under subsection (a) shall
    contain, at a minimum--
                (1) a list and description of all covered recommendations;
                (2) a determination of whether the Administrator concurs,
            concurs in part, or does not concur with each covered
            recommendation;
                (3) an implementation plan and schedule for all covered
            recommendations the Administrator concurs or concurs in part
            with; and
                (4) for each covered recommendation with which the
            Administrator does not concur (in whole or in part), a detailed
            explanation as to why.
        (c) Covered Recommendations Defined.--In this section, the term
    ``covered recommendations'' means recommendations made by the following
    entities in any review initiated in response to the accident of Lion
    Air flight 610 on October 29, 2018, or Ethiopian Airlines flight 302 on
    March 10, 2019, that recommend Administration action:
                (1) The National Transportation Safety Board.
                (2) The Joint Authorities Technical Review.
                (3) The inspector general of the Department of
            Transportation.
                (4) The Safety Oversight and Certification Advisory
            Committee, or any special committee thereof.
                (5) Any other entity the Administrator may designate.

    SEC. 122. OVERSIGHT OF FAA COMPLIANCE PROGRAM.

        (a) In General.--Not later than 180 days after the date of
    enactment of this title, the Administrator shall establish an Executive
    Council within the Administration to oversee the use and effectiveness
    across program offices of the Administration's Compliance Program,
    described in Order 8000.373A dated October 31, 2018.
        (b) Compliance Program Oversight.--The Executive Council
    established under this section shall--
                (1) monitor, collect, and analyze data on the use of the
            Compliance Program across program offices of the
            Administration, including data on enforcement actions and
            compliance actions pursued against regulated entities by such
            program offices;
                (2) conduct an evaluation of the Compliance Program, not
            less frequently than annually each calendar year through 2023,
            to assess the functioning and effectiveness of such program in
            meeting the stated goals and purpose of the program;
                (3) provide reports to the Administrator containing the
            results of any evaluation conducted under paragraph (2),
            including identifying in such report any nonconformities or
            deficiencies in the implementation of the program and
            compliance of regulated entities with safety standards of the
            Administration;
                (4) make recommendations to the Administrator on
            regulations, guidance, performance standards or metrics, or
            other controls that should be issued by the Administrator to
            improve the effectiveness of the Compliance Program in meeting
            the stated goals and purpose of the program and to ensure the
            highest levels of aviation safety; and
                (5) carry out any other oversight duties with respect to
            implementation of the Compliance Program and assigned by the
            Administrator.
        (c) Executive Council.--
                (1) Executive council membership.--The Executive Council
            shall be comprised of representatives from each program office
            with regulatory responsibility as provided in Order 8000.373A.
                (2) Chairperson.--The Executive Council shall be chaired by
            a person, who shall be appointed by the Administrator and shall
            report directly to the Administrator.
                (3) Independence.--The Secretary of Transportation, the
            Administrator, or any officer or employee of the Administration
            may not prevent or prohibit the chair of the Executive Council
            from performing the activities described in this section or
            from reporting to Congress on such activities.
                (4) Duration.--The Executive Council shall terminate on
            October 1, 2023.
        (d) Annual Briefing.--Each calendar year through 2023, the chair of
    the Executive Council shall provide a briefing to the congressional
    committees of jurisdiction on the effectiveness of the Administration's
    Compliance Program in meeting the stated goals and purpose of the
    program and the activities of the office described in subsection (b),
    including any reports and recommendations made by the office during the
    preceding calendar year.

    SEC. 123. SETTLEMENT AGREEMENT.

        (a) Sense of Congress.--It is the sense of Congress that the
    Administrator should fully exercise all rights and pursue all remedies
    available to the Administrator under any settlement agreement between
    the Administration and the holder of a type certificate and production
    certificate for transport airplanes executed on December 18, 2015,
    including a demand for full payment of any applicable civil penalties
    deferred under such agreement, if the Administrator concludes that such
    holder has not fully performed all obligations incurred under such
    agreement.
        (b) Congressional Briefing.--Not later than 60 days after the date
    of enactment of this title, and every 6 months thereafter until a
    certificate holder described in subsection (a) has fully performed all
    obligations incurred by such certificate holder under such settlement
    agreement, the Administrator shall brief the congressional committees
    of jurisdiction on action taken consistent with subsection (a).

    SEC. 124. HUMAN FACTORS EDUCATION PROGRAM.

        (a) Human Factors Education Program.--
                (1) In general.--The Administrator shall develop a human
            factors education program that addresses the effects of modern
            flight deck systems, including automated systems, on human
            performance for transport airplanes and the approaches for
            better integration of human factors in aircraft design and
            certification.
                (2) Target audience.--The human factors education program
            shall be integrated into the training protocols (as in
            existence as of the date of enactment of this title) for, and
            be routinely administered to, the following:
                        (A) Appropriate employees within the Flight
                    Standards Service.
                        (B) Appropriate employees within the Aircraft
                    Certification Service.
                        (C) Other employees or authorized representatives
                    determined to be necessary by the Administrator.
        (b) Transport Airplane Manufacturer Information Sharing.--The
    Administrator shall--
                (1) require each transport airplane manufacturer to provide
            the Administrator with the information or findings necessary
            for flight crew to be trained on flight deck systems;
                (2) ensure the information or findings under paragraph (1)
            adequately includes consideration of human factors; and
                (3) ensure that each transport airplane manufacturer
            identifies any technical basis, justification or rationale for
            the information and findings under paragraph (1).

    SEC. 125. BEST PRACTICES FOR ORGANIZATION DESIGNATION AUTHORIZATIONS.

        (a) In General.--Section 213 of the FAA Reauthorization Act of 2018
    (Public Law 115-254, 132 Stat. 3249) is amended--
                (1) by striking subsection (g);
                (2) by redesignating subsections (c) through (f) as
            subsections (d) through (g), respectively;
                (3) by inserting after subsection (b), the following:
        ``(c) Best Practices Review.--In addition to conducting the survey
    required under subsection (b), the Panel shall conduct a review of a
    sampling of ODA holders to identify and develop best practices. At a
    minimum, the best practices shall address preventing and deterring
    instances of undue pressure on or by an ODA unit member, within an ODA,
    or by an ODA holder, or failures to maintain independence between the
    FAA and an ODA holder or an ODA unit member. In carrying out such
    review, the Panel shall--
                ``(1) examine other government regulated industries to
            gather lessons learned, procedures, or processes that address
            undue pressure of employees, perceived regulatory coziness, or
            other failures to maintain independence;
                ``(2) identify ways to improve communications between an
            ODA Administrator, ODA unit members, and FAA engineers and
            inspectors, consistent with section 44736(g) of title 49,
            United States Code, in order to enable direct communication of
            technical concerns that arise during a certification project
            without fear of reprisal to the ODA Administrator or ODA unit
            member; and
                ``(3) examine FAA designee programs, including the
            assignment of FAA advisors to designees, to determine which
            components of the program may improve the FAA's oversight of
            ODA units, ODA unit members, and the ODA program.'';
                (4) in subsection (d) (as redesignated by paragraph (2))--
                        (A) by striking paragraph (3) and redesignating
                    paragraphs (4) through (6) as paragraphs (3) through
                    (5), respectively;
                        (B) in paragraph (4) (as redesignated by
                    subparagraph (A)), by striking ``and'' at the end;
                        (C) in paragraph (5) (as so redesignated), by
                    striking the period at the end and inserting ``; and'';
                    and
                        (D) by adding at the end the following:
                ``(6) the results of the review conducted under subsection
            (c).''; and
                (5) by inserting after subsection (g) (as redesignated by
            paragraph (2)), the following:
        ``(h) Best Practices Adoption.--
                ``(1) In general.--Not later than 180 days after the date
            on which the Administrator receives the report required under
            subsection (e), the Administrator shall establish best
            practices that are generally applicable to all ODA holders and
            require such practices to be incorporated, as appropriate, into
            each ODA holder's approved procedures manual.
                ``(2) Notice and comment period.--The Administrator shall
            publish the established best practices for public notice and
            comment for not fewer than 60 days prior to requiring the
            practices, as appropriate, be incorporated into each ODA
            holder's approved procedures manual.
        ``(i) Sunset.--The Panel shall terminate on the earlier of--
                ``(1) the date of submission of the report under subsection
            (e); or
                ``(2) the date that is 2 years after the date on which the
            Panel is first convened under subsection (a).''.
        (b) Procedures Manual.--Section 44736(b)(3) of title 49, United
    States Code, as amended by subsection (c)(2)(D) of section 107), is
    further amended--
                (1) in subparagraph (D) (as redesignated by such
            subsection), by striking ``and'' after the semicolon at the
            end;
                (2) in subparagraph (E) (as so redesignated), by striking
            the period at the end and inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(F) ensure the ODA holders procedures manual
                    contains procedures and policies based on best
                    practices established by the Administrator.''.

    SEC. 126. HUMAN FACTORS RESEARCH.

        (a) Human Factors.--Not later than 180 days after the date of
    enactment of this title, the Administrator, in consultation with
    aircraft manufacturers, operators, and pilots, and in coordination with
    the head of such other Federal agency that the Administrator determines
    appropriate, shall develop research requirements to address the
    integration of human factors in the design and certification of
    aircraft that are intended for use in air transportation.
        (b) Requirements.--In developing such research requirements, the
    Administrator shall--
                (1) establish goals for research in areas of study relevant
            to advancing technology, improving design engineering and
            certification practices, and facilitating better understanding
            of human factors concepts in the context of the growing
            development and reliance on automated or complex flight deck
            systems in aircraft operations, including the development of
            tools to validate pilot recognition and response assumptions
            and diagnostic tools to improve the clarity of failure
            indications presented to pilots;
                (2) take into consideration and leverage any existing or
            planned research that is conducted by, or conducted in
            partnership with, the FAA; and
                (3) focus on--
                        (A) preventing a recurrence of the types of
                    accidents that have involved transport category
                    airplanes designed and manufactured in the United
                    States; and
                        (B) increasingly complex aircraft systems and
                    designs.
        (c) Implementation.--In implementing the research requirements
    developed under this section, the Administrator shall work with
    appropriate organizations and authorities with expertise including, to
    the maximum extent practicable, the Center of Excellence for Technical
    Training and Human Performance and the Center of Excellence developed
    or expanded pursuant to section 127.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $7,500,000 for each of fiscal years
    2021 through 2023, out of funds made available under section 48102(a)
    of title 49, United States Code, to carry out this section.

    SEC. 127. FAA CENTER OF EXCELLENCE FOR AUTOMATED SYSTEMS AND HUMAN
                  FACTORS IN AIRCRAFT.

        (a) In General.--The Administrator shall develop or expand a Center
    of Excellence focused on automated systems and human factors in
    transport category aircraft.
        (b) Duties.--The Center of Excellence shall, as appropriate--
                (1) facilitate collaboration among academia, the FAA, and
            the aircraft and airline industries, including aircraft,
            engine, and equipment manufacturers, air carriers, and
            representatives of the pilot community;
                (2) establish goals for research in areas of study relevant
            to advancing technology, improving engineering practices, and
            facilitating better understanding of human factors concepts in
            the context of the growing development and reliance on
            automated or complex systems in commercial aircraft, including
            continuing education and training;
                (3) examine issues related to human system integration and
            flight crew and aircraft interfaces, including tools and
            methods to support the integration of human factors
            considerations into the aircraft design and certification
            process; and
                (4) review safety reports to identify potential human
            factors issues for research.
        (c) Avoiding Duplication of Work.--In developing or expanding the
    Center of Excellence, the Administrator shall ensure the work of the
    Center of Excellence does not duplicate or overlap with the work of any
    other established center of excellence.
        (d) Member Prioritization.--
                (1) In general.--The Administrator, when developing or
            expanding the Center of Excellence, shall prioritize the
            inclusion of subject-matter experts whose professional
            experience enables them to be objective and impartial in their
            contributions to the greatest extent possible.
                (2) Representation.--The Administrator shall require that
            the membership of the Center of Excellence reflect a balanced
            viewpoint across broad disciplines in the aviation industry.
                (3) Disclosure.--Any member of the Center of Excellence who
            is a Boeing Company or FAA employee who participated in the
            certification of the Maneuvering Characteristics Augmentation
            System for the 737 MAX-8 airplane must disclose such
            involvement to the FAA prior to performing any work on behalf
            of the FAA.
                (4) Transparency.--In developing or expanding the Center of
            Excellence, the Administrator shall develop procedures to
            facilitate transparency and appropriate maintenance of records
            to the maximum extent practicable.
                (5) Coordination.--Nothing in this section shall preclude
            coordination and collaboration between the Center of Excellence
            developed or expanded under this section and any other
            established center of excellence.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $2,000,000 for each of fiscal years
    2021 through 2023, out of funds made available under section 48102(a)
    of title 49, United States Code, to carry out this section. Amounts
    appropriated under the preceding sentence for any fiscal year shall
    remain available until expended.

    SEC. 128. PILOT OPERATIONAL EVALUATIONS.

        (a) Pilot Operational Evaluations.--Not later than 1 year after the
    date of enactment of this title, the Administrator shall revise
    existing policies for manufacturers of transport airplanes to ensure
    that pilot operational evaluations for airplane types that are
    submitted for certification utilize pilots from air carriers that are
    expected to operate such airplanes.
        (b) Requirement.--Such manufacturer shall ensure, to the
    satisfaction of the Administrator, that the air carrier and foreign air
    carrier pilots used for such evaluations include pilots of varying
    levels of experience.

    SEC. 129. ENSURING APPROPRIATE RESPONSIBILITY OF AIRCRAFT CERTIFICATION
                  AND FLIGHT STANDARDS PERFORMANCE OBJECTIVES AND METRICS.

        (a) Repeals.--Sections 211 and 221 of the FAA Reauthorization Act
    of 2018 (49 U.S.C. 44701 note) are repealed.
        (b) Conforming Repeals.--Paragraphs (8) and (9) of section 202(c)
    of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) are
    repealed.

    SEC. 130. TRANSPORT AIRPLANE RISK ASSESSMENT METHODOLOGY.

        (a) Deadlines.--
                (1) Agreement.--Not later than 15 days after the date of
            enactment of this title, the Administrator shall enter into an
            agreement with the National Academies of Sciences to develop a
            report regarding the methodology and effectiveness of the
            Transport Airplane Risk Assessment Methodology (TARAM) process
            used by the FAA.
                (2) Report.--Not later than 180 days after the date of
            enactment of this title, the National Academies of Sciences
            shall deliver such report to the congressional committees of
            jurisdiction.
        (b) Elements.--The report under subsection (a) shall include the
    following elements:
                (1) An assessment of the TARAM analysis process.
                (2) An assessment of the effectiveness of the TARAM for the
            purposes of improving aviation safety.
                (3) Recommendations to improve the methodology and
            effectiveness of the TARAM as an element of aviation safety.
        (c) Required Notice.--The Administrator shall provide notice to the
    congressional committees of jurisdiction on the findings and
    recommendations of a TARAM conducted following a transport airplane
    accident--
                (1) in which a loss of life occurred; and
                (2) for which the Administrator determines that the
            issuance of an airworthiness directive will likely be necessary
            to correct an unsafe condition associated with the design of
            the relevant aircraft type.

    SEC. 131. NATIONAL AIR GRANT FELLOWSHIP PROGRAM.

        (a) Program.--
                (1) Program maintenance.--The Administrator shall maintain
            within the FAA a program to be known as the ``National Air
            Grant Fellowship Program''.
                (2) Program elements.--The National Air Grant Fellowship
            Program shall provide support for the fellowship program under
            subsection (b).
                (3) Responsibilities of administrator.--
                        (A) Guidelines.--The Administrator shall establish
                    guidelines related to the activities and
                    responsibilities of air grant fellowships under
                    subsection (b).
                        (B) Qualifications.--The Administrator shall by
                    regulation prescribe the qualifications required for
                    designation of air grant fellowships under subsection
                    (b).
                        (C) Authority.--In order to carry out the
                    provisions of this section, the Administrator may--
                                (i) appoint, assign the duties, transfer,
                            and fix the compensation of such personnel as
                            may be necessary, in accordance with civil
                            service laws;
                                (ii) make appointments with respect to
                            temporary and intermittent services to the
                            extent authorized by section 3109 of title 5,
                            United States Code;
                                (iii) enter into contracts, cooperative
                            agreements, and other transactions without
                            regard to section 6101 of title 41, United
                            States Code;
                                (iv) notwithstanding section 1342 of title
                            31, United States Code, accept donations and
                            voluntary and uncompensated services;
                                (v) accept funds from other Federal
                            departments and agencies, including agencies
                            within the FAA, to pay for and add to
                            activities authorized by this section; and
                                (vi) promulgate such rules and regulations
                            as may be necessary and appropriate.
                (4) Director of national air grant fellowship program.--
                        (A) In general.--The Administrator shall appoint,
                    as the Director of the National Air Grant Fellowship
                    Program, a qualified individual who has appropriate
                    administrative experience and knowledge or expertise in
                    fields related to aerospace. The Director shall be
                    appointed and compensated, without regard to the
                    provisions of title 5 governing appointments in the
                    competitive service, at a rate payable under section
                    5376 of title 5, United States Code.
                        (B) Duties.--Subject to the supervision of the
                    Administrator, the Director shall administer the
                    National Air Grant Fellowship Program. In addition to
                    any other duty prescribed by law or assigned by the
                    Administrator, the Director shall--
                                (i) cooperate with institutions of higher
                            education that offer degrees in fields related
                            to aerospace;
                                (ii) encourage the participation of
                            graduate and post-graduate students in the
                            National Air Grant Fellowship Program; and
                                (iii) cooperate and coordinate with other
                            Federal activities in fields related to
                            aerospace.
        (b) Fellowships.--
                (1) In general.--The Administrator shall support a program
            of fellowships for qualified individuals at the graduate and
            post-graduate level. The fellowships shall be in fields related
            to aerospace and awarded pursuant to guidelines established by
            the Administrator. The Administrator shall strive to ensure
            equal access for minority and economically disadvantaged
            students to the program carried out under this paragraph.
                (2) Aerospace policy fellowship.--
                        (A) In general.--The Administrator shall award
                    aerospace policy fellowships to support the placement
                    of individuals at the graduate level of education in
                    fields related to aerospace in positions with--
                                (i) the executive branch of the United
                            States Government; and
                                (ii) the legislative branch of the United
                            States Government.
                        (B) Placement priorities for legislative
                    fellowships.--
                                (i) In general.--In considering the
                            placement of individuals receiving a fellowship
                            for a legislative branch position under
                            subparagraph (A)(ii), the Administrator shall
                            give priority to placement of such individuals
                            in the following:
                                        (I) Positions in offices of, or
                                    with Members on, committees of Congress
                                    that have jurisdiction over the FAA.
                                        (II) Positions in offices of
                                    Members of Congress that have a
                                    demonstrated interest in aerospace
                                    policy.
                                (ii) Equitable distribution.--In placing
                            fellows in positions described under clause
                            (i), the Administrator shall ensure that
                            placements are equally distributed among the
                            political parties.
                        (C) Duration.--A fellowship awarded under this
                    paragraph shall be for a period of not more than 1
                    year.
                (3) Restriction on use of funds.--Amounts available for
            fellowships under this subsection, including amounts accepted
            under subsection (a)(3)(C)(v) or appropriated under subsection
            (d) to carry out this subsection, shall be used only for award
            of such fellowships and administrative costs of implementing
            this subsection.
        (c) Interagency Cooperation.--Each department, agency, or other
    instrumentality of the Federal Government that is engaged in or
    concerned with, or that has authority over, matters relating to
    aerospace--
                (1) may, upon a written request from the Administrator,
            make available, on a reimbursable basis or otherwise, any
            personnel (with their consent and without prejudice to their
            position and rating), service, or facility that the
            Administrator deems necessary to carry out any provision of
            this section;
                (2) shall, upon a written request from the Administrator,
            furnish any available data or other information that the
            Administrator deems necessary to carry out any provision of
            this section; and
                (3) shall cooperate with the FAA and duly authorized
            officials thereof.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $15,000,000 for each of fiscal years
    2021 through 2025 to carry out this section. Amounts appropriated under
    the preceding sentence shall remain available until expended.
        (e) Definitions.--In this section:
                (1) Director.--The term ``Director'' means the Director of
            the National Air Grant Fellowship Program, appointed pursuant
            to subsection (a)(4).
                (2) Fields related to aerospace.--The term ``fields related
            to aerospace'' means any discipline or field that is concerned
            with, or likely to improve, the development, assessment,
            operation, safety, or repair of aircraft and other airborne
            objects and systems, including the following:
                        (A) Aerospace engineering.
                        (B) Aerospace physiology.
                        (C) Aeronautical engineering.
                        (D) Airworthiness engineering.
                        (E) Electrical engineering.
                        (F) Human factors.
                        (G) Software engineering.
                        (H) Systems engineering.

    SEC. 132. EMERGING SAFETY TRENDS IN AVIATION.

        (a) General.--Not later than 180 days after the date of enactment
    of this title, the Administrator shall enter into an agreement with the
    Transportation Research Board for the purposes of developing an annual
    report identifying, categorizing, and analyzing emerging safety trends
    in air transportation.
        (b) Factors.--The emerging safety trends report should be based on
    the following data:
                (1) The National Transportation Safety Board's
            investigation of accidents under section 1132 of title 49,
            United States Code.
                (2) The Administrator's investigations of accidents and
            incidents under section 40113 of title 49, United States Code.
                (3) Information provided by air operators pursuant to
            safety management systems.
                (4) International investigations of accidents and
            incidents, including reports, data, and information from
            foreign authorities and ICAO.
                (5) Other sources deemed appropriate for establishing
            emerging safety trends in the aviation sector, including the
            FAA's annual safety culture assessment required under
            subsection (c).
        (c) Safety Culture Assessment.--The Administrator shall conduct an
    annual safety culture assessment through fiscal year 2031, which shall
    include surveying all employees in the FAA's Aviation Safety
    organization (AVS) to determine the employees' collective opinion
    regarding, and to assess the health of, AVS' safety culture and
    implementation of any voluntary safety reporting program.
        (d) Existing Reporting Systems.--The Executive Director of the
    Transportation Research Board, in consultation with the Secretary of
    Transportation and Administrator, may take into account and, as
    necessary, harmonize data and sources from existing reporting systems
    within the Department of Transportation and FAA.
        (e) Biennial Report to Congress.--One year after the Administrator
    enters into the agreement with the Transportation Research Board as set
    forth in subsection (a), and biennially thereafter through fiscal year
    2031, the Executive Director, in consultation with the Secretary and
    Administrator, shall submit to the congressional committees of
    jurisdiction a report identifying the emerging safety trends in air
    transportation.

    SEC. 133. FAA ACCOUNTABILITY ENHANCEMENT.

        (a) Enhancement of the Aviation Safety Whistleblower Investigation
    Office in the Federal Aviation Administration.--
                (1) Renaming of the office.--
                        (A) In general.--Section 106(t)(1) of title 49,
                    United States Code, is amended by striking ``an
                    Aviation Safety Whistleblower Investigation Office''
                    and inserting ``the Office of Whistleblower Protection
                    and Aviation Safety Investigations''.
                        (B) Conforming amendment.--The heading of
                    subsection (t) of section 106 of title 49, United
                    States Code, is amended by striking ``Aviation Safety
                    Whistleblower Investigation Office'' and inserting
                    ``Office of Whistleblower Protection and Aviation
                    Safety Investigations''.
                (2) Duties.--
                        (A) In general.--Section 106(t)(3)(A) of title 49,
                    United States Code, is amended--
                                (i) in clause (i), by striking ``(if the
                            certificate holder does not have a similar in-
                            house whistleblower or safety and regulatory
                            noncompliance reporting process)'' and
                            inserting ``(if the certificate holder does not
                            have a similar in-house whistleblower or safety
                            and regulatory noncompliance reporting process
                            established under or pursuant to a safety
                            management system)'';
                                (ii) in clause (ii), by striking ``and'' at
                            the end;
                                (iii) in clause (iii), by striking the
                            period at the end and inserting a semicolon;
                            and
                                (iv) by adding at the end the following:
                                ``(iv) receive allegations of whistleblower
                            retaliation by employees of the Agency;
                                ``(v) coordinate with and provide all
                            necessary assistance to the Office of
                            Investigations and Professional Responsibility,
                            the inspector general of the Department of
                            Transportation, and the Office of Special
                            Counsel on investigations relating to
                            whistleblower retaliation by employees of the
                            Agency; and
                                ``(vi) investigate allegations of
                            whistleblower retaliation by employees of the
                            Agency that have been delegated to the Office
                            by the Office of Investigations and
                            Professional Responsibility, the inspector
                            general of the Department of Transportation, or
                            the Office of Special Counsel.''.
                        (B) Limitation.--Section 106(t)(2) of title 49,
                    United States Code, is amended by adding at the end the
                    following:
                        ``(E) Limitation of duties.-- The Director may only
                    perform duties of the Director described in paragraph
                    (3)(A).''.
                        (C) Conforming amendments.--Section 106(t)(7) of
                    title 49, United States Code, is amended--
                                (i) in the matter preceding subparagraph
                            (A), by striking ``October 1'' and inserting
                            ``November 15''; and
                                (ii) in subparagraph (A), by striking
                            ``paragraph (3)(A)(i) in the preceding 12-month
                            period'' and inserting ``paragraph (3)(A)(i) in
                            the preceding fiscal year''.
                (3) Report.--Section 106(t)(7) of title 49, United States
            Code, as amended by paragraph (2)(C), is further amended--
                        (A) in subparagraph (C)--
                                (i) by inserting ``the resolution of those
                            submissions, including any'' before
                            ``further''; and
                                (ii) by striking ``and'' after the
                            semicolon;
                        (B) in subparagraph (D) by striking
                    ``recommendations.'' and inserting ``recommendations;
                    and''; and
                        (C) by adding at the end the following:
                        ``(E) A summary of the activities of the
                    Whistleblower Ombudsman, including--
                                ``(i) the number of employee consultations
                            conducted by the Whistleblower Ombudsman in the
                            preceding 12-month period and a summary of such
                            consultations and their resolution (in a de-
                            identified or anonymized form); and
                                ``(ii) the number of reported incidents of
                            retaliation during such period and, if
                            applicable, a description of the disposition of
                            such incidents during such period.''.
        (b) Whistleblower Ombudsman.--Section 106(t) of title 49, United
    States Code, is further amended by adding at the end the following:
                ``(8) Whistleblower ombudsman.--
                        ``(A) In general.--Within the Office, there shall
                    be established the position of Whistleblower Ombudsman.
                        ``(B) Ombudsman qualifications.--The individual
                    selected as Ombudsman shall have knowledge of Federal
                    labor law and demonstrated government experience in
                    human resource management, and conflict resolution.
                        ``(C) Duties.--The Ombudsman shall carry out the
                    following duties:
                                ``(i) Educate Administration employees
                            about prohibitions against materially adverse
                            acts of retaliation and any specific rights or
                            remedies with respect to those retaliatory
                            actions.
                                ``(ii) Serve as an independent confidential
                            resource for Administration employees to
                            discuss any specific retaliation allegation and
                            available rights or remedies based on the
                            circumstances, as appropriate.
                                ``(iii) Coordinate with Human Resource
                            Management, the Office of Accountability and
                            Whistleblower Protection, the Office of
                            Professional Responsibility, and the Office of
                            the Chief Counsel, as necessary.
                                ``(iv) Coordinate with the Office of the
                            Inspector General of the Department of
                            Transportation's Whistleblower Protection
                            Coordinator and the Office of the Special
                            Counsel, as necessary.
                                ``(v) Conduct outreach and assist in the
                            development of training within the Agency to
                            mitigate the potential for retaliation and
                            promote timely and appropriate processing of
                            any protected disclosure or allegation of
                            materially adverse acts of retaliation.''.
        (c) Office of Investigations and Professional Responsibility.--The
    Administrator shall take such action as may be necessary to redesignate
    the Office of Investigations of the Administration as the Office of
    Investigations and Professional Responsibility.
        (d) Misconduct Investigations.--
                (1) In general.--The Administrator shall review and revise
            the Administration's existing investigative policies that
            govern the investigation of misconduct by a manager of the
            Administration conducted by the FAA (in this subsection
            referred to as the ``Agency'').
                (2) Preservation of collective bargaining agreements.--The
            investigative policy established under paragraph (1) shall not
            apply to, or in the future, be extended by the Administrator to
            apply to, any employee who is not a manager or is covered by or
            eligible to be covered by a collective bargaining agreement
            entered into by the Agency.
                (3) Requirements.--In revising the investigative policies,
            the Administrator shall ensure such policies require--
                        (A) the utilization of investigative best practices
                    to ensure independent and objective investigation and
                    accurate recording and reporting of such investigation;
                        (B) the management of case files to ensure the
                    integrity of the information contained in such case
                    files;
                        (C) interviews be conducted in a manner that
                    ensures, to the greatest extent possible, truthful
                    answers and accurate records of such interviews;
                        (D) coordination with the Office of the Inspector
                    General of the Department of Transportation, the Office
                    of the Special Counsel, and the Attorney General, as
                    appropriate; and
                        (E) the completion of investigations in a timely
                    manner.
                (4) Definition.--For purposes of this subsection, the term
            ``manager'' means an employee of the Agency who is a supervisor
            or management official, as defined in section 7103(a) of title
            5, United States Code.

    SEC. 134. AUTHORIZATION OF APPROPRIATIONS FOR THE ADVANCED MATERIALS
                  CENTER OF EXCELLENCE.

        Section 44518 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(c) Authorization of Appropriations.--Out of amounts appropriated
    under section 48102(a), the Administrator may expend not more than
    $10,000,000 for each of fiscal years 2021 through 2023 to carry out
    this section. Amounts appropriated under the preceding sentence for
    each fiscal year shall remain available until expended.''.

    SEC. 135. PROMOTING AVIATION REGULATIONS FOR TECHNICAL TRAINING.

        (a) New Regulations Required.--
                (1) Interim final regulations.--Not later than 90 days
            after the date of enactment of this section, the Administrator
            shall issue interim final regulations to establish requirements
            for issuing aviation maintenance technician school certificates
            and associated ratings and the general operating rules for the
            holders of those certificates and ratings in accordance with
            the requirements of this section.
                (2) Repeal of current regulations.--Upon the effective date
            of the interim final regulations required under paragraph (1),
            part 147 of title 14, Code of Federal Regulations (as in effect
            on the date of enactment of this title) and any regulations
            issued under section 624 of the FAA Reauthorization Act of 2018
            (Public Law 115-254) shall have no force or effect on or after
            the effective date of such interim final regulations.
        (b) Aviation Maintenance Technician School Certification
    Required.--No person may operate an aviation maintenance technician
    school without, or in violation of, an aviation maintenance technician
    school certificate and the operations specifications issued under the
    interim final regulations required under subsection (a)(1), the
    requirements of this section, or in a manner that is inconsistent with
    information in the school's operations specifications under subsection
    (c)(5).
        (c) Certificate and Operations Specifications Requirements.--
                (1) Application requirements.--
                        (A) In general.--An application for a certificate
                    or rating to operate an aviation maintenance technician
                    school shall include the following:
                                (i) A description of the facilities,
                            including the physical address of the
                            certificate holder's primary location for
                            operation of the school, any additional fixed
                            locations where training will be provided, and
                            the equipment and materials to be used at each
                            location.
                                (ii) A description of the manner in which
                            the school's curriculum will ensure the student
                            has the knowledge and skills necessary for
                            attaining a mechanic certificate and associated
                            ratings under subpart D of part 65 of title 14,
                            Code of Federal Regulations (or any successor
                            regulation).
                                (iii) A description of the manner in which
                            the school will ensure it provides the
                            necessary qualified instructors to meet the
                            requirements of subsection (d)(4).
                        (B) Documented in the school's operations
                    specifications.--Upon issuance of the school's
                    certificate or rating, the information required under
                    subparagraph (A) shall be documented in the school's
                    operations specifications.
                (2) Change applications.--
                        (A) In general.--An application for an additional
                    rating or amended certificate shall include only the
                    information necessary to substantiate the reason for
                    the requested additional rating or change.
                        (B) Approved changes.--Any approved changes shall
                    be documented in the school's operations
                    specifications.
                (3) Duration.--An aviation maintenance technician school
            certificate or rating issued under the interim final
            regulations required under subsection (a)(1) shall be effective
            from the date of issue until the certificate or rating is
            surrendered, suspended, or revoked.
                (4) Certificate ratings.--An aviation maintenance
            technician school certificate issued under the interim final
            regulations required under subsection (a)(1) shall specify
            which of the following ratings are held by the aviation
            maintenance technician school:
                        (A) Airframe.
                        (B) Powerplant.
                        (C) Airframe and Powerplant.
                (5) Operations specifications.--A certificated aviation
            maintenance technician school shall operate in accordance with
            operations specifications that include the following:
                        (A) The certificate holder's name.
                        (B) The certificate holder's air agency certificate
                    number.
                        (C) The name and contact information of the
                    certificate holder's primary point of contact.
                        (D) The physical address of the certificate
                    holder's primary location, as provided under paragraph
                    (1)(A).
                        (E) The physical address of any additional location
                    of the certificate holder, as provided under subsection
                    (d)(2).
                        (F) The ratings held, as provided under paragraph
                    (4).
                        (G) Any regulatory exemption granted to the school
                    by the Administrator.
        (d) Operations Requirements.--
                (1) Facilities, equipment, and material requirements.--Each
            certificated aviation maintenance technician school shall
            provide and maintain the facilities, equipment, and materials
            that are appropriate to the 1 or more ratings held by the
            school and the number of students taught.
                (2) Training provided at another location.--A certificated
            aviation maintenance technician school may provide training at
            any additional location that meets the requirements of the
            interim final regulations required under subsection (a)(1) and
            is listed in the certificate holder's operations
            specifications.
                (3) Training requirements.--Each certificated aviation
            maintenance technician school shall--
                        (A) establish, maintain, and utilize a curriculum
                    designed to continually align with mechanic airman
                    certification standards as appropriate for the ratings
                    held;
                        (B) provide training of a quality that meets the
                    requirements of subsection (f)(1); and
                        (C) ensure students have the knowledge and skills
                    necessary to be eligible to test for a mechanic
                    certificate and associated ratings under subpart D of
                    part 65 of title 14, Code of Federal Regulations (or
                    any successor regulation).
                (4) Instructor requirements.--Each certificated aviation
            maintenance technician school shall--
                        (A) provide qualified instructors to teach in a
                    manner that ensures positive educational outcomes are
                    achieved;
                        (B) ensure instructors hold a mechanic certificate
                    with 1 or more appropriate ratings (or, with respect to
                    instructors who are not certified mechanics, ensure
                    instructors are otherwise specifically qualified to
                    teach their assigned content); and
                        (C) ensure the student-to-instructor ratio does not
                    exceed 25:1 for any shop class.
                (5) Certificate of completion.--Each certificated aviation
            maintenance technician school shall provide authenticated
            documentation to each graduating student, indicating the
            student's date of graduation and curriculum completed, as
            described in paragraph (3)(A).
        (e) Quality Control System.--
                (1) Accreditation.--Each aviation maintenance technician
            school shall--
                        (A) be accredited as meeting the definition of an
                    institution of higher education provided for in section
                    101 of the Higher Education Act of 1965 (20 U.S.C.
                    1001); or
                        (B) establish and maintain a quality control system
                    that meets the requirements specified in paragraph (2)
                    and is approved by the Administrator.
                (2) FAA-approved system requirements.--In the case of an
            aviation maintenance technician school that is not accredited
            as set forth in paragraph (1), the Administrator shall approve
            a quality control system that provides procedures for
            recordkeeping, assessment, issuing credit, issuing of final
            course grades, attendance, ensuring sufficient number of
            instructors, granting of graduation documentation, and
            corrective action for addressing deficiencies.
        (f) Additional Requirements.--
                (1) Minimum passage rate.--A certificated aviation
            maintenance technician school shall maintain a pass rate of at
            least 70 percent of students who took a written, oral, or
            practical (or any combination thereof) FAA mechanic tests
            within 60 days of graduation for the most recent 3-year period
            .
                (2) FAA inspection.--A certificated aviation maintenance
            technician school shall allow the Administrator such access as
            the Administrator determines necessary to inspect the 1 or more
            locations of the school for purposes of determining the
            school's compliance with the interim final regulations required
            under subsection (a)(1), the procedures and information
            outlined in the school's operations specifications according to
            subsection (c)(5), and the aviation maintenance technician
            school certificate issued for the school.
                (3) Display of certificate.--A certificated aviation
            maintenance technician school shall display its aviation
            maintenance technician school certificate at a location in the
            school that is visible by and normally accessible to the
            public.
                (4) Early testing.--A certificated aviation maintenance
            technician school may issue authenticated documentation
            demonstrating a student's satisfactory progress, completion of
            corresponding portions of the curriculum, and preparedness to
            take the aviation mechanic written general knowledge test, even
            if the student has not met the experience requirements of
            section 65.77 of title 14, Code of Federal Regulations (or any
            successor regulation). Any such documentation shall specify the
            curriculum the student completed and the completion date.

    SEC. 136. INDEPENDENT STUDY ON TYPE CERTIFICATION REFORM.

        (a) Report and Deadlines.--Not later than 30 days after the date of
    enactment of this title, the Administrator shall enter into an
    agreement with an appropriate Federally-funded research and development
    center to review, develop, and submit a report to the Administrator in
    accordance with the requirements and elements set forth in this
    section.
        (b) Elements.--The review and report under subsection (a) shall set
    forth analyses, assessments, and recommendations addressing the
    following elements for transport category airplanes:
                (1) Whether or not aviation safety would improve as the
            result of institution of a fixed time beyond which a type
            certificate may not be amended.
                (2) Requiring the Administrator, when issuing an amended or
            supplemental type certificate for a design that does not comply
            with the latest amendments to the applicable airworthiness
            standards, to document any exception from the latest amendment
            to an applicable regulation, issue an exemption in accordance
            with section 44701 of title 14, United States Code, or make a
            finding of an equivalent level of safety in accordance with
            section 21.21(a)(1) of title 14, Code of Federal Regulations.
                (3) Safety benefits and costs for certification of
            transport category airplanes resulting from the implementation
            of paragraphs (1) and (2).
                (4) Effects on the development and introduction of
            advancements in new safety enhancing design and technologies,
            and continued operation and operational safety support of
            products in service in the United States and worldwide,
            resulting from the implementation of paragraphs (1) and (2).
        (c) Investigations and Reports.--The review and report under
    subsection (a) shall take into consideration investigations, reports,
    and assessments regarding the Boeing 737 MAX, including but not limited
    to investigations, reports, and assessments by the Joint Authorities
    Technical Review, the National Transportation Safety Board, the
    Department of Transportation Office of the Inspector General, the
    Department of Transportation Special Committee, the congressional
    committees of jurisdiction and other congressional committees, and
    foreign authorities. The review and report under subsection (a) also
    shall consider the impact of changes made by this title and the
    amendments made by this title.
        (d) Report to Congress.--Not later than 270 days after the report
    developed under subsection (a) is submitted to the Administrator, the
    Administrator shall submit a report to the congressional committees of
    jurisdiction regarding the FAA's response to the findings and
    recommendations of the report, what actions the FAA will take as a
    result of such findings and recommendations, and the FAA rationale for
    not taking action on any specific recommendation

    SEC. 137. DEFINITIONS.

        In this title:
                (1) Administration; faa.--The terms ``Administration'' and
            ``FAA'' mean the Federal Aviation Administration.
                (2) Administrator.--The term ``Administrator'' means the
            Administrator of the FAA.
                (3) Congressional committees of jurisdiction.--The term
            ``congressional committees of jurisdiction'' means the
            Committee on Transportation and Infrastructure of the House of
            Representatives and the Committee on Commerce, Science, and
            Transportation of the Senate.
                (4) ICAO.--The term ``ICAO'' means the International Civil
            Aviation Organization.
                (5) Organization designation authorization.--The term
            ``organization designation authorization'' has the same meaning
            given such term in section 44736(c) of title 49, United States
            Code.
                (6) Transport airplane.--The term ``transport airplane''
            means a transport category airplane designed for operation by
            an air carrier or foreign air carrier type-certificated with a
            passenger seating capacity of 30 or more or an all-cargo or
            combi derivative of such an airplane.
                (7) Type certificate.--The term ``type certificate''--
                        (A) means a type certificate issued pursuant to
                    section 44704(a) of title 49, United States Code, or an
                    amendment to such certificate; and
                        (B) does not include a supplemental type
                    certificate issued under section 44704(b) of such
                    section.

        DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This division may be cited as the ``Intelligence
    Authorization Act for Fiscal Year 2021''.
        (b) Table of Contents.--The table of contents for this division is
    as follows:

        DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

    Sec. 1. Short title; table of contents.
    Sec. 2. Definitions.
    Sec. 3. Explanatory statement.

                        TITLE I--INTELLIGENCE ACTIVITIES

    Sec. 101. Authorization of appropriations.
    Sec. 102. Classified Schedule of Authorizations.
    Sec. 103. Intelligence Community Management Account.

     TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

    Sec. 201. Authorization of appropriations.

                   TITLE III--INTELLIGENCE COMMUNITY MATTERS

               Subtitle A--General Intelligence Community Matters

    Sec. 301. Restriction on conduct of intelligence activities.
    Sec. 302. Increase in employee compensation and benefits authorized by
                                law.
    Sec. 303. Continuity of operations plans for certain elements of the
                                intelligence community in the case of a
                                national emergency.
    Sec. 304. Application of Executive Schedule level III to position of
                                Director of National Reconnaissance Office.
    Sec. 305. National Intelligence University.
    Sec. 306. Data collection on attrition in intelligence community.
    Sec. 307. Limitation on delegation of responsibility for program
                                management of information-sharing
                                environment.
    Sec. 308. Requirement to buy certain satellite component from American
                                sources.
    Sec. 309. Limitation on construction of facilities to be used primarily
                                by intelligence community.
    Sec. 310. Intelligence community student loan repayment programs.

      Subtitle B--Reports and Assessments Pertaining to the Intelligence
                                   Community

    Sec. 321. Assessment by the Comptroller General of the United States on
                                efforts of the intelligence community and
                                the Department of Defense to identify and
                                mitigate risks posed to the intelligence
                                community and the Department by the use of
                                direct-to-consumer genetic testing by the
                                Government of the People's Republic of
                                China.
    Sec. 322. Report on use by intelligence community of hiring
                                flexibilities and expedited human resources
                                practices to assure quality and diversity
                                in the workforce of the intelligence
                                community.
    Sec. 323. Report on signals intelligence priorities and requirements.
    Sec. 324. Assessment of demand for student loan repayment program
                                benefit.
    Sec. 325. Assessment of intelligence community demand for child care.
    Sec. 326. Open source intelligence strategies and plans for the
                                intelligence community.

      TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

    Sec. 401. Establishment of Office of the Ombudsman for Analytic
                                Objectivity.
    Sec. 402. Expansion of personnel management authority to attract
                                experts in science and engineering.
    Sec. 403. Senior Chief Petty Officer Shannon Kent Award for
                                distinguished female personnel of the
                                National Security Agency.
    Sec. 404. Department of Homeland Security intelligence and
                                cybersecurity diversity fellowship program.
    Sec. 405. Climate Security Advisory Council.

               TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

    Sec. 501. Requirements and authorities for Director of the Central
                                Intelligence Agency to improve education in
                                science, technology, engineering, arts, and
                                mathematics.
    Sec. 502. Seedling investment in next-generation microelectronics in
                                support of artificial intelligence.

                      TITLE VI--REPORTS AND OTHER MATTERS

    Sec. 601. Report on attempts by foreign adversaries to build
                                telecommunications and cybersecurity
                                equipment and services for, or to provide
                                such equipment and services to, certain
                                allies of the United States.
    Sec. 602. Report on threats posed by use by foreign governments and
                                entities of commercially available cyber
                                intrusion and surveillance technology.
    Sec. 603. Reports on recommendations of the Cyberspace Solarium
                                Commission.
    Sec. 604. Assessment of critical technology trends relating to
                                artificial intelligence, microchips, and
                                semiconductors and related supply chains.
    Sec. 605. Combating Chinese influence operations in the United States
                                and strengthening civil liberties
                                protections.
    Sec. 606. Annual report on corrupt activities of senior officials of
                                the Chinese Communist Party.
    Sec. 607. Report on corrupt activities of Russian and other Eastern
                                European oligarchs.
    Sec. 608. Report on biosecurity risk and disinformation by the Chinese
                                Communist Party and the Government of the
                                People's Republic of China.
    Sec. 609. Report on effect of lifting of United Nations arms embargo on
                                Islamic Republic of Iran.
    Sec. 610. Report on Iranian activities relating to nuclear
                                nonproliferation.
    Sec. 611. Annual reports on security services of the People's Republic
                                of China in the Hong Kong Special
                                Administrative Region.
    Sec. 612. Research partnership on activities of People's Republic of
                                China.
    Sec. 613. Report on the pharmaceutical and personal protective
                                equipment regulatory practices of the
                                People's Republic of China.
    Sec. 614. National Intelligence Estimate on situation in Afghanistan.
    Sec. 615. Assessment regarding tensions between Armenia and Azerbaijan.
    Sec. 616. Sense of Congress on Third Option Foundation.
    Sec. 617. Annual reports on worldwide threats.
    Sec. 618. Annual report on Climate Security Advisory Council.
    Sec. 619. Improvements to funding for National Security Education
                                program.
    Sec. 620. Report on best practices to protect privacy, civil liberties,
                                and civil rights of Chinese Americans.
    Sec. 621. National Intelligence Estimate on threat of global pandemic
                                disease.
    Sec. 622. Modification of requirement for briefings on national
                                security effects of emerging infectious
                                disease and pandemics.
    Sec. 623. Independent study on open-source intelligence.
    Sec. 624. Survey on Open Source Enterprise.
    Sec. 625. Sense of Congress on report on murder of Jamal Khashoggi.

    SEC. 2. DEFINITIONS.

        In this division:
                (1) Congressional intelligence committees.--The term
            ``congressional intelligence committees'' means--
                        (A) the Select Committee on Intelligence and the
                    Committee on Appropriations of the Senate; and
                        (B) the Permanent Select Committee on Intelligence
                    and the Committee on Appropriations of the House of
                    Representatives.
                (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).

    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

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

        Funds are hereby authorized to be appropriated for fiscal year 2021
    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.

    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 (16) 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 of the Federal Government.
                (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 2021 the sum of
    $759,000,000.
        (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 2021 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

    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
    2021.

                   TITLE III--INTELLIGENCE COMMUNITY MATTERS

               Subtitle A--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. CONTINUITY OF OPERATIONS PLANS FOR CERTAIN ELEMENTS OF THE
                  INTELLIGENCE COMMUNITY IN THE CASE OF A NATIONAL
                  EMERGENCY.

        (a) Definition of Covered National Emergency.--In this section, the
    term ``covered national emergency'' means the following:
                (1) A major disaster declared by the President under
            section 401 of the Robert T. Stafford Disaster Relief and
            Emergency Assistance Act (42 U.S.C. 5170).
                (2) An emergency declared by the President under section
            501 of the Robert T. Stafford Disaster Relief and Emergency
            Assistance Act (42 U.S.C. 5191).
                (3) A national emergency declared by the President under
            the National Emergencies Act (50 U.S.C. 1601 et seq.).
                (4) A public health emergency declared under section 319 of
            the Public Health Service Act (42 U.S.C. 247d).
        (b) In General.--The Director of National Intelligence, the
    Director of the Central Intelligence Agency, the Director of the
    National Reconnaissance Office, the Director of the Defense
    Intelligence Agency, the Director of the National Security Agency, and
    the Director of the National Geospatial-Intelligence Agency shall each
    establish continuity of operations plans for use in the case of covered
    national emergencies for the element of the intelligence community
    concerned.
        (c) Submission to Congress.--
                (1) Director of national intelligence and director of the
            central intelligence agency.--Not later than 7 days after the
            date on which a covered national emergency is declared, the
            Director of National Intelligence and the Director of the
            Central Intelligence Agency shall each submit to the
            congressional intelligence committees the plan established
            under subsection (b) for that emergency for the element of the
            intelligence community concerned.
                (2) Director of national reconnaissance office, director of
            defense intelligence agency, director of national security
            agency, and director of national geospatial-intelligence
            agency.--Not later than 7 days after the date on which a
            covered national emergency is declared, the Director of the
            National Reconnaissance Office, the Director of the Defense
            Intelligence Agency, the Director of the National Security
            Agency, and the Director of the National Geospatial-
            Intelligence Agency shall each submit the plan established
            under subsection (b) for that emergency for the element of the
            intelligence community concerned to the following:
                        (A) The congressional intelligence committees.
                        (B) The Committee on Armed Services of the Senate.
                        (C) The Committee on Armed Services of the House of
                    Representatives.
        (d) Updates.--During a covered national emergency, the Director of
    National Intelligence, the Director of the Central Intelligence Agency,
    the Director of the National Reconnaissance Office, the Director of the
    Defense Intelligence Agency, the Director of the National Security
    Agency, and the Director of the National Geospatial-Intelligence Agency
    shall each submit any updates to the plans submitted under subsection
    (c)--
                (1) in accordance with that subsection; and
                (2) in a timely manner consistent with section 501 of the
            National Security Act of 1947 (50 U.S.C. 3091).

    SEC. 304. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO POSITION OF
                  DIRECTOR OF NATIONAL RECONNAISSANCE OFFICE.

        Section 5314 of title 5, United States Code, is amended by adding
    at the end the following:
                ``Director of the National Reconnaissance Office.''.

    SEC. 305. NATIONAL INTELLIGENCE UNIVERSITY.

        (a) In General.--Title X of the National Security Act of 1947 (50
    U.S.C. 3191 et seq.) is amended by adding at the end the following:

                 ``Subtitle D--National Intelligence University

    ``SEC. 1031. TRANSFER DATE.

        ``In this subtitle, the term `transfer date' means the date on
    which the National Intelligence University is transferred from the
    Defense Intelligence Agency to the Director of National Intelligence
    under section 5324(a) of the National Defense Authorization Act for
    Fiscal Year 2020 (Public Law 116-92).

    ``SEC. 1032. DEGREE-GRANTING AUTHORITY.

        ``(a) In General.--Beginning on the transfer date, under
    regulations prescribed by the Director of National Intelligence, the
    President of the National Intelligence University may, upon the
    recommendation of the faculty of the University, confer appropriate
    degrees upon graduates who meet the degree requirements.
        ``(b) Limitation.--A degree may not be conferred under this section
    unless--
                ``(1) the Secretary of Education has recommended approval
            of the degree in accordance with the Federal Policy Governing
            Granting of Academic Degrees by Federal Agencies; and
                ``(2) the University is accredited by the appropriate
            academic accrediting agency or organization to award the
            degree, as determined by the Secretary of Education.
        ``(c) Congressional Notification Requirements.--
                ``(1) Actions on nonaccreditation.--Beginning on the
            transfer date, the Director shall promptly--
                        ``(A) notify the congressional intelligence
                    committees of any action by the Middle States
                    Commission on Higher Education, or other appropriate
                    academic accrediting agency or organization, to not
                    accredit the University to award any new or existing
                    degree; and
                        ``(B) submit to such committees a report containing
                    an explanation of any such action.
                ``(2) Modification or redesignation of degree-granting
            authority.--Beginning on the transfer date, upon any
            modification or redesignation of existing degree-granting
            authority, the Director shall submit to the congressional
            intelligence committees a report containing--
                        ``(A) the rationale for the proposed modification
                    or redesignation; and
                        ``(B) any subsequent recommendation of the
                    Secretary of Education with respect to the proposed
                    modification or redesignation.

    ``SEC. 1033. REPORTING.

        ``(a) In General.--Not less frequently than once each year, the
    Director of National Intelligence shall submit to the congressional
    intelligence committees a plan for employing professors, instructors,
    and lecturers at the National Intelligence University.
        ``(b) Elements.--Each plan submitted under subsection (a) shall
    include the following:
                ``(1) The total number of proposed personnel to be employed
            at the National Intelligence University.
                ``(2) The total annual compensation to be provided the
            personnel described in paragraph (1).
                ``(3) Such other matters as the Director considers
            appropriate.
        ``(c) Form of Submittal.--Each plan submitted by the Director to
    the congressional intelligence committees under subsection (a) shall be
    submitted as part of another annual submission from the Director to the
    congressional intelligence committees.

    ``SEC. 1034. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE
                  ACT TO THE BOARD OF VISITORS.

        ``The Federal Advisory Committee Act (5 U.S.C. App.) shall continue
    to apply to the Board of Visitors of the National Intelligence
    University on and after the transfer date.''.
        (b) Plan Regarding Personnel at National Intelligence University.--
                (1) Initial submission.--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 the first submission required by section 1033(a) of
            the National Security Act of 1947, as added by subsection (a).
                (2) Certain requirement not applicable.--Subsection (c) of
            section 1033 of the National Security Act of 1947, as added by
            subsection (a), shall not apply to the submittal under
            paragraph (1) of this subsection.
        (c) Conforming Amendments.--Section 5324 of the National Defense
    Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended--
                (1) in subsection (b)(1)(C), by striking ``subsection
            (e)(2)'' and inserting ``section 1032(b) of the National
            Security Act of 1947'';
                (2) by striking subsections (e) and (f); and
                (3) by redesignating subsections (g) and (h) as subsections
            (e) and (f), respectively.
        (d) Clerical Amendment.--The table of contents of the National
    Security Act of 1947 is amended by inserting after the item relating to
    section 1024 the following:

                 ``Subtitle D--National Intelligence University

    ``Sec. 1031. Transfer date.
    ``Sec. 1032. Degree-granting authority.
    ``Sec. 1033. Reporting.
    ``Sec. 1034. Continued applicability of the Federal Advisory Committee
                                Act to the Board of Visitors.''.

    SEC. 306. DATA COLLECTION ON ATTRITION IN INTELLIGENCE COMMUNITY.

        (a) Standards for Data Collection.--
                (1) In general.--Not later than 90 days after the date of
            the enactment of this Act, the Director of National
            Intelligence shall establish standards for collecting data
            relating to attrition in the intelligence community workforce
            across demographics, specialities, and length of service.
                (2) Inclusion of certain candidates.--The Director shall
            include, in the standards established under paragraph (1),
            standards for collecting data from candidates who accepted
            conditional offers of employment but chose to withdraw from the
            hiring process before entering into service, including data
            with respect to the reasons such candidates chose to withdraw.
        (b) Collection of Data.--Not later than 120 days after the date of
    the enactment of this Act, each element of the intelligence community
    shall begin collecting data on workforce and candidate attrition in
    accordance with the standards established under subsection (a).
        (c) Annual Report.--Not later than 1 year after the date of the
    enactment of this Act, and annually thereafter, the Director shall
    submit to the congressional intelligence committees a report on
    workforce and candidate attrition in the intelligence community that
    includes--
                (1) the findings of the Director based on the data
            collected under subsection (b);
                (2) recommendations for addressing any issues identified in
            those findings; and
                (3) an assessment of timeliness in processing hiring
            applications of individuals previously employed by an element
            of the intelligence community, consistent with the Trusted
            Workforce 2.0 initiative sponsored by the Security Clearance,
            Suitability, and Credentialing Performance Accountability
            Council.

    SEC. 307. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR PROGRAM
                  MANAGEMENT OF INFORMATION-SHARING ENVIRONMENT.

        Section 1016(b) of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (6 U.S.C. 485(b)), as amended by section 6402(a) of the
    National Defense Authorization Act for Fiscal Year 2020 (Public Law
    116-92), is further amended--
                (1) in paragraph (1), in the matter before subparagraph
            (A), by striking ``Director of National Intelligence'' and
            inserting ``President'';
                (2) in paragraph (2), by striking ``Director of National
            Intelligence'' both places it appears and inserting
            ``President''; and
                (3) by adding at the end the following:
                ``(3) Delegation.--
                        ``(A) In general.--Subject to subparagraph (B), the
                    President may delegate responsibility for carrying out
                    this subsection.
                        ``(B) Limitation.--The President may not delegate
                    responsibility for carrying out this subsection to the
                    Director of National Intelligence.''.

    SEC. 308. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM AMERICAN
                  SOURCES.

        (a) In General.--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:

    ``SEC. 1109. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM
                  AMERICAN SOURCES.

        ``(a) Definitions.--In this section:
                ``(1) Covered element of the intelligence community.--The
            term `covered element of the intelligence community' means an
            element of the intelligence community that is not an element of
            the Department of Defense.
                ``(2) National security satellite.--The term `national
            security satellite' means a satellite weighing over 400 pounds
            whose principle purpose is to support the national security or
            intelligence needs of the United States Government.
                ``(3) United states.--The term `United States' means the
            several States, the District of Columbia, and the territories
            and possessions of the United States.
        ``(b) Requirement.--Beginning January 1, 2021, except as provided
    in subsection (c), a covered element of the intelligence community may
    not award a contract for a national security satellite if the satellite
    uses a star tracker that is not produced in the United States,
    including with respect to both the software and the hardware of the
    star tracker.
        ``(c) Exception.--The head of a covered element of the intelligence
    community may waive the requirement under subsection (b) if, on a case-
    by-case basis, the head certifies in writing to the congressional
    intelligence committees that--
                ``(1) there is no available star tracker produced in the
            United States that meets the mission and design requirements of
            the national security satellite for which the star tracker will
            be used;
                ``(2) the cost of a star tracker produced in the United
            States is unreasonable, based on a market survey; or
                ``(3) such waiver is necessary for the national security
            interests of the United States based on an urgent and
            compelling need.''.
        (b) Clerical Amendment.--The table of contents in the first section
    of the National Security Act of 1947 is amended by inserting after the
    item relating to section 1108 the following new item:

    ``Sec. 1109. Requirement to buy certain satellite component from
                                American sources.''.

    SEC. 309. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED PRIMARILY
                  BY INTELLIGENCE COMMUNITY.

        Section 602(a)(2) of the Intelligence Authorization Act for Fiscal
    Year 1995 (50 U.S.C. 3304(a)(2)) is amended--
                (1) by striking `` $1,000,000'' both places it appears and
            inserting `` $2,000,000''; and
                (2) by striking ``the Director of National Intelligence
            shall submit a notification'' and inserting ``the head of such
            component, in coordination with and subject to the approval of
            the Director of National Intelligence, shall submit a
            notification''.

    SEC. 310. INTELLIGENCE COMMUNITY STUDENT LOAN REPAYMENT PROGRAMS.

        (a) Sense of Congress.--It is the sense of Congress that--
                (1) student loan repayment programs are a crucial tool in
            attracting and retaining talented individuals to the
            intelligence community, particularly individuals from diverse
            backgrounds;
                (2) generous student loan repayment programs help the
            intelligence community compete with the private sector for
            talented employees;
                (3) departments and agencies containing elements of the
            intelligence community have authority to establish student loan
            repayment programs either under section 5379 of title 5, United
            States Code, or under the delegable authority of the Director
            of National Intelligence under section 102A(n)(1) of the
            National Security Act of 1947 (50 U.S.C. 3024(n)(1));
                (4) although the Director should use the authority under
            such section 102A(n)(1) sparingly, and should be exceedingly
            sparing in delegating such authority to an element of the
            intelligence community, the Director should approve well-
            predicated requests for such authority in the student loan
            repayment context if an element of the intelligence community
            can articulate an impediment to establishing or enhancing a
            program under section 5379 of title 5, United States Code; and
                (5) student loan repayment programs established by an
            element of the intelligence community should provide
            flexibility to intelligence community employees, including
            employees who pursue loan-financed education in the middle of
            their careers or after the day on which they first become
            intelligence community employees.
        (b) Student Loan Repayment Program Standards.--Not later than 180
    days after the date of the enactment of this Act, the Director of
    National Intelligence, or a designee of the Director who is an employee
    of the Office of the Director of National Intelligence, shall establish
    minimum standards for the repayment of student loans of employees of
    elements of the intelligence community by such elements of the
    intelligence community.
        (c) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Director shall submit to the appropriate
    congressional committees a report on the standards established under
    subsection (b). Such report shall include--
                (1) an explanation of why such minimum standards were
            established; and
                (2) how such standards advance the goals of--
                        (A) attracting and retaining a talented
                    intelligence community workforce;
                        (B) competing with private sector companies for
                    talented employees; and
                        (C) promoting the development of a diverse
                    workforce.
        (d) Failure To Meet Standards.--Not later than 180 days after the
    date on which the standards required under subsection (b) are
    established, the head of an element of the intelligence community that
    does not meet such standards shall submit to the appropriate
    congressional committees a report containing an explanation for why
    such element does not meet such standards and an identification of any
    additional authority or appropriations required to for the element to
    meet such standards.
        (e) Submittal of Regulations and Policies to Congress.--Not later
    than 180 days after the date on which the standards required under
    subsection (b) are established, the head of an element of the
    intelligence community shall submit to the appropriate congressional
    committees a copy of all internal regulations and policies governing
    the student loan repayment program of that element as well as copies of
    such policies redacted to remove classified information.
        (f) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Permanent Select Committee on Intelligence of the
            House of Representatives;
                (2) the Select Committee on Intelligence of the Senate;
                (3) with respect to an element of the intelligence
            community within the Department of Defense, the Committees on
            Armed Services of the Senate and House of Representatives;
                (4) with respect to an element of the intelligence
            community within the Department of Justice, the Committees on
            the Judiciary of the Senate and House of Representatives;
                (5) with respect to an element of the intelligence
            community within the Department of Homeland Security, the
            Committee on Homeland Security and Governmental Affairs of the
            Senate and the Committee on Homeland Security of the House of
            Representatives;
                (6) with respect to an element of the intelligence
            community within the Department of State, the Committee on
            Foreign Relations of the Senate and the Committee on Foreign
            Affairs of the House of Representatives;
                (7) with respect to an element of the intelligence
            community within the Department of Energy, the Committee on
            Energy and Natural Resources of the Senate and the Committee on
            Energy and Commerce of the House of Representatives; and
                (8) with respect to an element of the intelligence
            community within the Department of the Treasury, the Committee
            on Finance of the Senate and the Committee on Financial
            Services of the House of Representatives.
        (g) Form of Reports.--Each of the reports required under
    subsections (c) and (d) shall be submitted in unclassified form, but
    may contain a classified annex.

      Subtitle B--Reports and Assessments Pertaining to the Intelligence
                                   Community

    SEC. 321. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE UNITED STATES ON
                  EFFORTS OF THE INTELLIGENCE COMMUNITY AND THE DEPARTMENT
                  OF DEFENSE TO IDENTIFY AND MITIGATE RISKS POSED TO THE
                  INTELLIGENCE COMMUNITY AND THE DEPARTMENT BY THE USE OF
                  DIRECT-TO-CONSUMER GENETIC TESTING BY THE GOVERNMENT OF
                  THE PEOPLE'S REPUBLIC OF CHINA.

        (a) Assessment Required.--The Comptroller General of the United
    States shall assess the efforts of the intelligence community and the
    Department of Defense to identify and mitigate the risks posed to the
    intelligence community and the Department by the use of direct-to-
    consumer genetic testing by the Government of the People's Republic of
    China.
        (b) Report Required.--
                (1) Definition of united states direct-to-consumer genetic
            testing company.--In this subsection, the term ``United States
            direct-to-consumer genetic testing company'' means a private
            entity that--
                        (A) carries out direct-to-consumer genetic testing;
                    and
                        (B) is organized under the laws of the United
                    States or any jurisdiction within the United States.
                (2) In general.--Not later than 180 days after the date of
            the enactment of this Act, the Comptroller General shall submit
            to Congress, including the congressional intelligence
            committees, the Committee on Armed Services of the Senate, and
            the Committee on Armed Services of the House of
            Representatives, a report on the assessment required by
            subsection (a).
                (3) Elements.--The report required by paragraph (2) shall
            include the following:
                        (A) A description of key national security risks
                    and vulnerabilities associated with direct-to-consumer
                    genetic testing, including--
                                (i) how the Government of the People's
                            Republic of China may be using data provided by
                            personnel of the intelligence community and the
                            Department through direct-to-consumer genetic
                            tests; and
                                (ii) how ubiquitous technical surveillance
                            may amplify those risks.
                        (B) An assessment of the extent to which the
                    intelligence community and the Department have
                    identified risks and vulnerabilities posed by direct-
                    to-consumer genetic testing and have sought to mitigate
                    such risks and vulnerabilities, or have plans for such
                    mitigation, including the extent to which the
                    intelligence community has determined--
                                (i) in which United States direct-to-
                            consumer genetic testing companies the
                            Government of the People's Republic of China or
                            entities owned or controlled by the Government
                            of the People's Republic of China have an
                            ownership interest; and
                                (ii) which United States direct-to-consumer
                            genetic testing companies may have sold data to
                            the Government of the People's Republic of
                            China or entities owned or controlled by the
                            Government of the People's Republic of China.
                        (C) Such recommendations as the Comptroller General
                    may have for action by the intelligence community and
                    the Department to improve the identification and
                    mitigation of risks and vulnerabilities posed by the
                    use of direct-to-consumer genetic testing by the
                    Government of the People's Republic of China.
                (4) Form.--The report required by paragraph (2) shall be
            submitted in unclassified form, but may include a classified
            annex.
        (c) Cooperation.--The heads of relevant elements of the
    intelligence community and components of the Department shall--
                (1) fully cooperate with the Comptroller General in
            conducting the assessment required by subsection (a); and
                (2) provide any information and data required by the
            Comptroller General to conduct the assessment, consistent with
            Intelligence Community Directive 114 or successor directive.

    SEC. 322. REPORT ON USE BY INTELLIGENCE COMMUNITY OF HIRING
                  FLEXIBILITIES AND EXPEDITED HUMAN RESOURCES PRACTICES TO
                  ASSURE QUALITY AND DIVERSITY IN THE WORKFORCE OF THE
                  INTELLIGENCE COMMUNITY.

        (a) In General.--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 a report on how
    elements of the intelligence community are exercising hiring
    flexibilities and expedited human resources practices afforded under
    section 3326 of title 5, United States Code, and subpart D of part 315
    of title 5, Code of Federal Regulations, or successor regulation, to
    assure quality and diversity in the workforce of the intelligence
    community.
        (b) Obstacles.--The report submitted under subsection (a) shall
    include identification of any obstacles encountered by the intelligence
    community in exercising the authorities described in such subsection.

    SEC. 323. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND REQUIREMENTS.

        (a) Report Required.--Not later than 30 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the congressional intelligence committees, the majority and
    minority leaders of the Senate, and the Speaker and minority leader of
    the House of Representatives a report on signals intelligence
    priorities and requirements subject to Presidential Policy Directive
    28.
        (b) Elements.--The report required by subsection (a) shall cover
    the following:
                (1) The implementation of the annual process for advising
            the Director on signals intelligence priorities and
            requirements described in section 3 of Presidential Policy
            Directive 28.
                (2) The signals intelligence priorities and requirements as
            of the most recent annual process.
                (3) The application of such priorities and requirements to
            the signals intelligence collection efforts of the intelligence
            community.
        (c) Contents of Classified Annex Referenced in Section 3 of
    Presidential Policy Directive 28.--Not later than 30 days after the
    date of the enactment of this Act, in addition to the report submitted
    under subsection (a), the Director shall submit to the chairmen and
    ranking minority members of the congressional intelligence committees,
    the majority and minority leaders of the Senate, and the Speaker and
    minority leader of the House of Representatives the contents of the
    classified annex referenced in section 3 of Presidential Policy
    Directive 28.
        (d) Form.--The report submitted under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.

    SEC. 324. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT PROGRAM
                  BENEFIT.

        (a) In General.--Not later than 90 days after the date of the
    enactment of this Act, the head of each element of the intelligence
    community shall--
                (1) calculate the number of personnel of that element who
            qualify for a student loan repayment program benefit;
                (2) compare the number calculated under paragraph (1) to
            the number of personnel who apply for such a benefit;
                (3) provide recommendations for how to structure such a
            program to optimize participation and enhance the effectiveness
            of the benefit as a retention tool, including with respect to
            the amount of the benefit offered and the length of time an
            employee receiving a benefit is required to serve under a
            continuing service agreement; and
                (4) identify any shortfall in funds or authorities needed
            to provide such a benefit.
        (b) Inclusion in Fiscal Year 2022 Budget Submission.--The Director
    of National Intelligence shall include in the budget justification
    materials submitted to Congress in support of the budget for the
    intelligence community for fiscal year 2022 (as submitted with the
    budget of the President under section 1105(a) of title 31, United
    States Code) a report on the findings of the elements of the
    intelligence community under subsection (a).

    SEC. 325. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR CHILD CARE.

        (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Director of National Intelligence, in
    coordination with the heads of the elements of the intelligence
    community specified in subsection (b), shall submit to the
    congressional intelligence committees a report that includes--
                (1) a calculation of the total annual demand for child care
            by employees of such elements, at or near the workplaces of
            such employees, including a calculation of the demand for early
            morning and evening child care;
                (2) an identification of any shortfall between the demand
            calculated under paragraph (1) and the child care supported by
            such elements as of the date of the report;
                (3) an assessment of options for addressing any such
            shortfall, including options for providing child care at or
            near the workplaces of employees of such elements;
                (4) an identification of the advantages, disadvantages,
            security requirements, and costs associated with each such
            option;
                (5) a plan to meet, by the date that is 5 years after the
            date of the report--
                        (A) the demand calculated under paragraph (1); or
                        (B) an alternative standard established by the
                    Director for child care available to employees of such
                    elements; and
                (6) an assessment of needs of specific elements of the
            intelligence community, including any Government-provided child
            care that could be collocated with a workplace of employees of
            such an element and any available child care providers in the
            proximity of such a workplace.
        (b) Elements Specified.--The elements of the intelligence community
    specified in this subsection are the following:
                (1) The Central Intelligence Agency.
                (2) The National Security Agency.
                (3) The Defense Intelligence Agency.
                (4) The National Geospatial-Intelligence Agency.
                (5) The National Reconnaissance Office.
                (6) The Office of the Director of National Intelligence.

    SEC. 326. OPEN SOURCE INTELLIGENCE STRATEGIES AND PLANS FOR THE
                  INTELLIGENCE COMMUNITY.

        (a) Requirement for Survey and Evaluation of Customer Feedback.--
    Not later than 90 days after the date of the enactment of this Act, the
    Director of National Intelligence, in coordination with the head of
    each element of the intelligence community, shall--
                (1) conduct a survey of the open source intelligence
            requirements, goals, monetary and property investments, and
            capabilities for each element of the intelligence community;
            and
                (2) evaluate the usability and utility of the Open Source
            Enterprise by soliciting customer feedback and evaluating such
            feedback.
        (b) Requirement for Overall Strategy and for Intelligence
    Community, Plan for Improving Usability of Open Source Enterprise, and
    Risk Analysis of Creating Open Source Center.--Not later than 180 days
    after the date of the enactment of this Act, the Director, in
    coordination with the head of each element of the intelligence
    community and using the findings of the Director with respect to the
    survey conducted under subsection (a), shall--
                (1) develop a strategy for open source intelligence
            collection, analysis, and production that defines the
            overarching goals, roles, responsibilities, and processes for
            such collection, analysis, and production for the intelligence
            community;
                (2) develop a plan for improving usability and utility of
            the Open Source Enterprise based on the customer feedback
            solicited under subsection (a)(2); and
                (3) conduct a risk and benefit analysis of creating an open
            source center independent of any current intelligence community
            element.
        (c) Requirement for Plan for Centralized Data Repository.--Not
    later than 270 days after the date of the enactment of this Act and
    using the findings of the Director with respect to the survey and
    evaluation conducted under subsection (a), the strategy and plan
    developed under subsection (b), and the risk and benefit analysis
    conducted under such subsection, the Director shall develop a plan for
    a centralized data repository of open source intelligence that enables
    all elements of the intelligence community--
                (1) to use such repository for their specific requirements;
            and
                (2) to derive open source intelligence advantages.
        (d) Requirement for Cost-sharing Model.--Not later than 1 year
    after the date of the enactment of this Act and using the findings of
    the Director with respect to the survey and evaluation conducted under
    subsection (a), the strategy and plan developed under subsection (b),
    the risk and benefit analysis conducted under such subsection, and the
    plan developed under subsection (c), the Director shall develop a cost-
    sharing model that leverages the open source intelligence investments
    of each element of the intelligence community for the beneficial use of
    the entire intelligence community.
        (e) Congressional Briefing.--Not later than 1 year after the date
    of the enactment of this Act, the Director of National Intelligence,
    the Director of the Central Intelligence Agency, the Director of the
    Defense Intelligence Agency, the Director of the National Geospatial-
    Intelligence Agency, and the Director of the National Security Agency
    shall jointly brief the congressional intelligence committees on--
                (1) the strategy developed under paragraph (1) of
            subsection (b);
                (2) the plan developed under paragraph (2) of such
            subsection;
                (3) the plan developed under subsection (c); and
                (4) the cost-sharing model developed under subsection (d).

      TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

    SEC. 401. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN FOR ANALYTIC
                  OBJECTIVITY.

        (a) Office of the Ombudsman for Analytic Objectivity.--The Central
    Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended by
    adding at the end the following:

    ``SEC. 24. OFFICE OF THE OMBUDSMAN FOR ANALYTIC OBJECTIVITY.

        ``(a) Establishment.--
                ``(1) In general.--There is established in the Agency an
            Office of the Ombudsman for Analytic Objectivity (in this
            section referred to as the `Office').
                ``(2) Appointment of ombudsman.--The Office shall be headed
            by an Ombudsman, who shall be appointed by the Director from
            among current or former senior staff officers of the Agency.
        ``(b) Duties and Responsibilities.--The Ombudsman shall--
                ``(1) on an annual basis, conduct a survey of analytic
            objectivity among officers and employees of the Agency;
                ``(2) implement a procedure by which any officer or
            employee of the Agency may submit to the Office a complaint
            alleging politicization, bias, lack of objectivity, or other
            issues relating to a failure of tradecraft in analysis
            conducted by the Agency;
                ``(3) except as provided in paragraph (4), upon receiving a
            complaint submitted pursuant to paragraph (2), take reasonable
            action to investigate the complaint, make a determination as to
            whether the incident described in the complaint involved
            politicization, bias, or lack of objectivity, and prepare a
            report that--
                        ``(A) summarizes the facts relevant to the
                    complaint;
                        ``(B) documents the determination of the Ombudsman
                    with respect to the complaint; and
                        ``(C) contains a recommendation for remedial
                    action;
                ``(4) if a complaint submitted pursuant to paragraph (2)
            alleges politicization, bias, or lack of objectivity in the
            collection of intelligence information, refer the complaint to
            the official responsible for supervising collection operations
            of the Agency; and
                ``(5) continuously monitor changes in areas of analysis
            that the Ombudsman determines involve a heightened risk of
            politicization, bias, or lack of objectivity, to ensure that
            any change in the analytic line arises from proper application
            of analytic tradecraft and not as a result of politicization,
            bias, or lack of objectivity.
        ``(c) Reports.--(1) On an annual basis, the Ombudsman shall submit
    to the intelligence committees a report on the results of the survey
    conducted pursuant to subsection (b)(1) with respect to the most recent
    fiscal year.
        ``(2) On an annual basis, the Ombudsman shall submit to the
    intelligence committees a report that includes--
                ``(A) the number of complaints of submitted pursuant to
            subsection (b)(2) during the most recent fiscal year; and
                ``(B) a description of the nature of such complaints, the
            actions taken by the Office or any other relevant element or
            component of the Agency with respect to such complaints, and
            the resolution of such complaints.
        ``(3) On a quarterly basis, the Ombudsman shall submit to the
    intelligence committees a report that includes--
                ``(A) a list of the areas of analysis monitored during the
            most recent calendar quarter pursuant to subsection (b)(5); and
                ``(B) a brief description of the methods by which the
            Office has conducted such monitoring.
        ``(d) Intelligence Committees Defined.--In this section, the term
    `intelligence committees' means the Permanent Select Committee on
    Intelligence of the House of Representatives and the Select Committee
    on Intelligence of the Senate.''.
        (b) Reference.--Any reference in any law, regulation, map,
    document, paper, or other record of the United States to the Ombudsman
    for Analytic and Collection Objectivity of the Central Intelligence
    Agency shall be deemed to be a reference to the Office of the Ombudsman
    for Analytic Objectivity of the Central Intelligence Agency established
    by section 24(a) of the Central Intelligence Agency Act of 1949 (50
    U.S.C. 3501 et seq.), as added by subsection (a).
        (c) Report on Surveys for Fiscal Years 2018 and 2019.--Not later
    than 10 days after the date of the enactment of this Act, the Director
    of the Central Intelligence Agency shall submit to the congressional
    intelligence committees any reports previously prepared by the
    Ombudsman for Analytic and Collection Objectivity with respect to the
    surveys of analytic objectivity conducted for fiscal years 2018 and
    2019.

    SEC. 402. EXPANSION OF PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
                  EXPERTS IN SCIENCE AND ENGINEERING.

        Section 1599h of title 10, United States Code, is amended--
                (1) in subsection (a), by adding at the end the following
            new paragraph:
                ``(7) NGA.--The Director of the National Geospatial-
            Intelligence Agency may carry out a program of personnel
            management authority provided in subsection (b) in order to
            facilitate recruitment of eminent experts in science or
            engineering for research and development projects and to
            enhance the administration and management of the Agency.'';
                (2) in subsection (b)(1)--
                        (A) in subparagraph (E), by striking ``; and'';
                        (B) in subparagraph (F), by striking the semicolon
                    and inserting ``; and''; and
                        (C) by adding at the end the following new
                    subparagraph:
                        ``(G) in the case of the National Geospatial-
                    Intelligence Agency, appoint individuals to a total of
                    not more than 7 positions in the Agency, of which not
                    more than 2 such positions may be positions of
                    administration or management in the Agency;''; and
                (3) in subsection (c)(2), by striking ``or the Joint
            Artificial Intelligence Center'' and inserting ``the Joint
            Artificial Intelligence Center, or the National Geospatial-
            Intelligence Agency''.

    SEC. 403. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR
                  DISTINGUISHED FEMALE PERSONNEL OF THE NATIONAL SECURITY
                  AGENCY.

        The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.)
    is amended by adding at the end the following new section:

    ``SEC. 21. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR
                  DISTINGUISHED FEMALE PERSONNEL.

        ``(a) Establishment.--The Director of the National Security Agency
    shall establish an honorary award for the recognition of female
    personnel of the National Security Agency for distinguished career
    contributions in support of the mission of the Agency as civilian
    employees or members of the Armed Forces assigned to the Agency. The
    award shall be known as the `Senior Chief Petty Officer Shannon Kent
    Award' and shall consist of a design determined appropriate by the
    Director.
        ``(b) Award.--The Director shall award the Senior Chief Petty
    Officer Shannon Kent Award to female civilian employees, members of the
    Armed Forces, or former civilian employees or members, whom the
    Director determines meet the criteria under subsection (a).''.

    SEC. 404. DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE AND
                  CYBERSECURITY DIVERSITY FELLOWSHIP PROGRAM.

        (a) Program.--Subtitle D of title XIII of the Homeland Security Act
    of 2002 (5 U.S.C. 3301 note et seq.) is amended by adding at the end
    the following new section:

    ``SEC. 1333. INTELLIGENCE AND CYBERSECURITY DIVERSITY FELLOWSHIP
                  PROGRAM.

        ``(a) Definitions.--In this section:
                ``(1) Appropriate committees of congress.--The term
            `appropriate committees of Congress' means--
                        ``(A) the Committee on Homeland Security and
                    Governmental Affairs and the Select Committee on
                    Intelligence of the Senate; and
                        ``(B) the Committee on Homeland Security and the
                    Permanent Select Committee on Intelligence of the House
                    of Representatives.
                ``(2) Excepted service.--The term `excepted service' has
            the meaning given that term in section 2103 of title 5, United
            States Code.
                ``(3) Historically black college or university.--The term
            `historically Black college or university' has the meaning
            given the term `part B institution' in section 322 of the
            Higher Education Act of 1965 (20 U.S.C. 1061).
                ``(4) Institution of higher education.--The term
            `institution of higher education' has the meaning given that
            term in section 101 of the Higher Education Act of 1965 (20
            U.S.C. 1001).
                ``(5) Minority-serving institution.--The term `minority-
            serving institution' means an institution of higher education
            described in section 371(a) of the Higher Education Act of 1965
            (20 U.S.C. 1067q(a)).
        ``(b) Program.--The Secretary shall carry out an intelligence and
    cybersecurity diversity fellowship program (in this section referred to
    as the `Program') under which an eligible individual may--
                ``(1) participate in a paid internship at the Department
            that relates to intelligence, cybersecurity, or some
            combination thereof;
                ``(2) receive tuition assistance from the Secretary; and
                ``(3) upon graduation from an institution of higher
            education and successful completion of the Program (as defined
            by the Secretary), receive an offer of employment to work in an
            intelligence or cybersecurity position of the Department that
            is in the excepted service.
        ``(c) Eligibility.--To be eligible to participate in the Program,
    an individual shall--
                ``(1) be a citizen of the United States; and
                ``(2) as of the date of submitting the application to
            participate in the Program--
                        ``(A) have a cumulative grade point average of at
                    least 3.2 on a 4.0 scale;
                        ``(B) be a socially disadvantaged individual (as
                    that term in defined in section 124.103 of title 13,
                    Code of Federal Regulations, or successor regulation);
                    and
                        ``(C) be a sophomore, junior, or senior at an
                    institution of higher education.
        ``(d) Direct Hire Authority.--If an individual who receives an
    offer of employment under subsection (b)(3) accepts such offer, the
    Secretary shall appoint, without regard to provisions of subchapter I
    of chapter 33 of title 5, United States Code, (except for section 3328
    of such title) such individual to the position specified in such offer.
        ``(e) Reports.--
                ``(1) Reports.--Not later than 1 year after the date of the
            enactment of this section, and on an annual basis thereafter,
            the Secretary shall submit to the appropriate committees of
            Congress a report on the Program.
                ``(2) Matters.--Each report under paragraph (1) shall
            include, with respect to the most recent year, the following:
                        ``(A) A description of outreach efforts by the
                    Secretary to raise awareness of the Program among
                    institutions of higher education in which eligible
                    individuals are enrolled.
                        ``(B) Information on specific recruiting efforts
                    conducted by the Secretary to increase participation in
                    the Program.
                        ``(C) The number of individuals participating in
                    the Program, listed by the institution of higher
                    education in which the individual is enrolled at the
                    time of participation, and information on the nature of
                    such participation, including on whether the duties of
                    the individual under the Program relate primarily to
                    intelligence or to cybersecurity.
                        ``(D) The number of individuals who accepted an
                    offer of employment under the Program and an
                    identification of the element within the Department to
                    which each individual was appointed.''.
        (b) Clerical Amendment.--The table of contents for such Act is
    amended by inserting after the item relating to section 1332 the
    following new item:

    ``Sec. 1333. Intelligence and cybersecurity diversity fellowship
                                program.''.

    SEC. 405. CLIMATE SECURITY ADVISORY COUNCIL.

        (a) Study on Advisory Council Model for Strategic or Transnational
    Threats.--
                (1) Study required.--The Director of National Intelligence,
            in coordination with the heads of other elements of the
            intelligence community determined appropriate by the Director,
            shall conduct a study on the effectiveness of the Climate
            Security Advisory Council as a potential model for future
            advisory councils that--
                        (A) focus on optimizing the collection and analysis
                    of intelligence relating to strategic or transnational
                    threats to the national security of the United States
                    (including threats posed by disease outbreaks,
                    pandemics, or other global health threats); and
                        (B) are composed of elements of the intelligence
                    community and relevant elements of the Federal
                    Government that are not elements of the intelligence
                    community.
                (2) Report.--Not later than 1 year after the date of the
            enactment of this Act, the Director shall submit to the
            congressional intelligence committees a report containing the
            findings of the study under paragraph (1).
        (b) Technical Correction.--Section 120(c)(4) of the National
    Security Act of 1947 (50 U.S.C. 3060(c)(4)) is amended by striking
    ``security indicators'' and inserting ``intelligence indications''.

               TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

    SEC. 501. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE CENTRAL
                  INTELLIGENCE AGENCY TO IMPROVE EDUCATION IN SCIENCE,
                  TECHNOLOGY, ENGINEERING, ARTS, AND MATHEMATICS.

        The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
    seq.), as amended by section 401, is further amended by adding at the
    end the following:

    ``SEC. 25. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY,
                  ENGINEERING, ARTS, AND MATHEMATICS.

        ``(a) Definitions.--In this section:
                ``(1) Eligible entity.--The term `eligible entity' includes
            a department or agency of the Federal Government, a State, a
            political subdivision of a State, an individual, and a not-for-
            profit or other organization in the private sector.
                ``(2) Educational institution.--The term `educational
            institution' includes any public or private elementary school
            or secondary school, institution of higher education, college,
            university, or any other profit or nonprofit institution that
            is dedicated to improving science, technology, engineering, the
            arts, mathematics, business, law, medicine, or other fields
            that promote development and education relating to science,
            technology, engineering, the arts, or mathematics.
                ``(3) State.--The term `State' means each of the several
            States, the District of Columbia, the Commonwealth of Puerto
            Rico, the Commonwealth of the Northern Mariana Islands, and any
            other territory or possession of the United States.
        ``(b) Requirements.--The Director shall, on a continuing basis--
                ``(1) identify actions that the Director may take to
            improve education in the scientific, technology, engineering,
            arts, and mathematics (known as `STEAM') skills necessary to
            meet the long-term national security needs of the United States
            for personnel proficient in such skills; and
                ``(2) establish and conduct programs to carry out such
            actions.
        ``(c) Authorities.--
                ``(1) In general.--The Director, in support of educational
            programs in science, technology, engineering, the arts, and
            mathematics, may--
                        ``(A) award grants to eligible entities;
                        ``(B) provide cash awards and other items to
                    eligible entities;
                        ``(C) accept voluntary services from eligible
                    entities;
                        ``(D) support national competition judging, other
                    educational event activities, and associated award
                    ceremonies in connection with such educational
                    programs; and
                        ``(E) enter into one or more education partnership
                    agreements with educational institutions in the United
                    States for the purpose of encouraging and enhancing
                    study in science, technology, engineering, the arts,
                    and mathematics disciplines at all levels of education.
                ``(2) Education partnership agreements.--
                        ``(A) Nature of assistance provided.--Under an
                    education partnership agreement entered into with an
                    educational institution under paragraph (1)(E), the
                    Director may provide assistance to the educational
                    institution by--
                                ``(i) loaning equipment to the educational
                            institution for any purpose and duration in
                            support of such agreement that the Director
                            considers appropriate;
                                ``(ii) making personnel available to teach
                            science courses or to assist in the development
                            of science courses and materials for the
                            educational institution;
                                ``(iii) providing sabbatical opportunities
                            for faculty and internship opportunities for
                            students;
                                ``(iv) involving faculty and students of
                            the educational institution in Agency projects,
                            including research and technology transfer or
                            transition projects;
                                ``(v) cooperating with the educational
                            institution in developing a program under which
                            students may be given academic credit for work
                            on Agency projects, including research and
                            technology transfer for transition projects;
                            and
                                ``(vi) providing academic and career advice
                            and assistance to students of the educational
                            institution.
                        ``(B) Priorities.--In entering into education
                    partnership agreements under paragraph (1)(E), the
                    Director shall prioritize entering into education
                    partnership agreements with the following:
                                ``(i) Historically Black colleges and
                            universities and other minority-serving
                            institutions, as described in section 371(a) of
                            the Higher Education Act of 1965 (20 U.S.C.
                            1067q(a)).
                                ``(ii) Educational institutions serving
                            women, members of minority groups, and other
                            groups of individuals who traditionally are
                            involved in the science, technology,
                            engineering, arts, and mathematics professions
                            in disproportionately low numbers.
        ``(d) Designation of Advisor.--The Director shall designate one or
    more individuals within the Agency to advise and assist the Director
    regarding matters relating to science, technology, engineering, the
    arts, and mathematics education and training.''.

    SEC. 502. SEEDLING INVESTMENT IN NEXT-GENERATION MICROELECTRONICS IN
                  SUPPORT OF ARTIFICIAL INTELLIGENCE.

        (a) Findings.--Congress finds that--
                (1) developing faster, more energy efficient, and more
            resilient computing is important to the future of the national
            security of the United States and the leadership by the United
            States in artificial intelligence; and
                (2) multidisciplinary teams co-designing microelectronics
            for artificial intelligence will lead to unprecedented
            capabilities that will help ensure that the United States
            maintains its superiority in this worldwide competition for
            economic and national security.
        (b) Awards for Research and Development.--The Director of National
    Intelligence, acting through the Director of the Intelligence Advanced
    Research Projects Activity, shall award contracts or grants, or enter
    into transactions other than contracts, to encourage microelectronics
    research.
        (c) Use of Funds.--The Director shall award contracts or grants to,
    or enter into transactions other than contracts with, entities under
    subsection (b) to carry out any of the following:
                (1) Advanced engineering and applied research into novel
            computing models, materials, devices, architectures, or
            algorithms to enable the advancement of artificial intelligence
            and machine learning.
                (2) Research efforts to--
                        (A) overcome challenges with engineering and
                    applied research of microelectronics, including with
                    respect to the physical limits on transistors,
                    electrical interconnects, and memory elements; or
                        (B) promote long-term advancements in computing
                    technologies, including by fostering a unified and
                    multidisciplinary approach encompassing research and
                    development into algorithm design, computing
                    architectures, microelectronic devices and circuits,
                    and the chemistry and physics of new materials.
                (3) Any other activity the Director determines would
            promote the development of microelectronics research.
        (d) Award Amounts.--In awarding contracts or grants, or entering
    into transactions other than contracts, under subsection (b), the
    Director may award not more than a total of $15,000,000.

                      TITLE VI--REPORTS AND OTHER MATTERS

    SEC. 601. REPORT ON ATTEMPTS BY FOREIGN ADVERSARIES TO BUILD
                  TELECOMMUNICATIONS AND CYBERSECURITY EQUIPMENT AND
                  SERVICES FOR, OR TO PROVIDE SUCH EQUIPMENT AND SERVICES
                  TO, CERTAIN ALLIES OF THE UNITED STATES.

        (a) Definitions.--In this section:
                (1) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means--
                        (A) the Committee on Armed Services and the Select
                    Committee on Intelligence of the Senate; and
                        (B) the Committee on Armed Services and the
                    Permanent Select Committee on Intelligence of the House
                    of Representatives.
                (2) Five eyes country.--The term ``Five Eyes country''
            means any of the following:
                        (A) Australia.
                        (B) Canada.
                        (C) New Zealand.
                        (D) The United Kingdom.
                        (E) The United States.
        (b) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Director of the Central Intelligence Agency,
    the Director of the National Security Agency, and the Director of the
    Defense Intelligence Agency shall jointly submit to the appropriate
    committees of Congress a report on attempts by foreign adversaries to
    build telecommunications and cybersecurity equipment and services for,
    or to provide such equipment and services to, Five Eyes countries.
        (c) Elements.--The report submitted under subsection (b) shall
    include the following:
                (1) An assessment of United States intelligence sharing and
            intelligence and military force posture in any Five Eyes
            country that currently uses or intends to use
            telecommunications or cybersecurity equipment or services
            provided by a foreign adversary of the United States, including
            China and Russia.
                (2) A description and assessment of mitigation of any
            potential compromises or risks for any circumstance described
            in paragraph (1).
        (d) Form.--The report required by subsection (b) shall include an
    unclassified executive summary, and may include a classified annex.

    SEC. 602. REPORT ON THREATS POSED BY USE BY FOREIGN GOVERNMENTS AND
                  ENTITIES OF COMMERCIALLY AVAILABLE CYBER INTRUSION AND
                  SURVEILLANCE TECHNOLOGY.

        (a) Report Required.--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, 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 threats posed by the use by foreign governments and entities of
    commercially available cyber intrusion and other surveillance
    technology.
        (b) Contents.--The report required by subsection (a) shall include
    the following:
                (1) Matters relating to threats described in subsection (a)
            as they pertain to the following:
                        (A) The threat posed to United States persons and
                    persons inside the United States.
                        (B) The threat posed to United States personnel
                    overseas.
                        (C) The threat posed to employees of the Federal
                    Government, including through both official and
                    personal accounts and devices.
                (2) A description of which foreign governments and entities
            pose the greatest threats from the use of technology described
            in subsection (a) and the nature of those threats.
                (3) An assessment of the source of the commercially
            available cyber intrusion and other surveillance technology
            that poses the threats described in subsection (a), including
            whether such technology is made by United States companies or
            companies in the United States or by foreign companies.
                (4) An assessment of actions taken, as of the date of the
            enactment of this Act, by the Federal Government and foreign
            governments to limit the export of technology described in
            subsection (a) from the United States or foreign countries to
            foreign governments and entities in ways that pose the threats
            described in such subsection.
                (5) Matters relating to how the Federal Government,
            Congress, and foreign governments can most effectively mitigate
            the threats described in subsection (a), including matters
            relating to the following:
                        (A) Working with the technology and
                    telecommunications industry to identify and improve the
                    security of consumer software and hardware used by
                    United States persons and persons inside the United
                    States that is targeted by commercial cyber intrusion
                    and surveillance software.
                        (B) Export controls.
                        (C) Diplomatic pressure.
                        (D) Trade agreements.
        (c) Form.--The report submitted under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.

    SEC. 603. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE SOLARIUM
                  COMMISSION.

        (a) Appropriate Committees of Congress.--In this section, the term
    ``appropriate committees of Congress'' means--
                (1) the Committee on Armed Services, the Select Committee
            on Intelligence, the Committee on Homeland Security and
            Governmental Affairs, the Committee on Commerce, Science, and
            Transportation, and the Committee on Energy and Natural
            Resources of the Senate; and
                (2) the Committee on Armed Services, the Permanent Select
            Committee on Intelligence, the Committee on Homeland Security,
            the Committee on Science, Space, and Technology, and the
            Committee on Energy and Commerce of the House of
            Representatives.
        (b) Reports Required.--Not later than 180 days after the date of
    the enactment of this Act, each head of an agency described in
    subsection (c) shall submit to the appropriate committees of Congress a
    report on the recommendations included in the report issued by the
    Cyberspace Solarium Commission under section 1652(k) of the John S.
    McCain National Defense Authorization Act for Fiscal Year 2019 (Public
    Law 115-232).
        (c) Agencies Described.--The agencies described in this subsection
    are the following:
                (1) The Office of the Director of National Intelligence.
                (2) The Department of Homeland Security.
                (3) The Department of Energy.
                (4) The Department of Commerce.
                (5) The Department of Defense.
        (d) Contents.--Each report submitted under subsection (b) by the
    head of an agency described in subsection (c) shall include the
    following:
                (1) An evaluation of the recommendations in the report
            described in subsection (b) that the agency identifies as
            pertaining directly to the agency.
                (2) A description of the actions taken, or the actions that
            the head of the agency may consider taking, to implement any of
            the recommendations (including a comprehensive estimate of
            requirements for appropriations to take such actions).

    SEC. 604. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING TO
                  ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND SEMICONDUCTORS
                  AND RELATED SUPPLY CHAINS.

        (a) Assessment Required.--Not later than 180 days after the date of
    the enactment of this Act, the Director of National Intelligence shall
    complete a detailed assessment of critical technology trends relating
    to artificial intelligence, microchips, and semiconductors and related
    supply chains.
        (b) Elements.--The assessment required by subsection (a) shall
    include the following:
                (1) Export controls.--
                        (A) In general.--An assessment of efforts by
                    partner countries to enact and implement export
                    controls and other technology transfer measures with
                    respect to artificial intelligence, microchips,
                    advanced manufacturing equipment, and other artificial
                    intelligence enabled technologies critical to United
                    States supply chains.
                        (B) Identification of opportunities for
                    cooperation.--The assessment under subparagraph (A)
                    shall identify opportunities for further cooperation
                    with international partners on a multilateral and
                    bilateral basis to strengthen export control regimes
                    and address technology transfer threats.
                (2) Semiconductor supply chains.--
                        (A) In general.--An assessment of global
                    semiconductor supply chains, including areas to reduce
                    United States vulnerabilities and maximize points of
                    leverage.
                        (B) Analysis of potential effects.--The assessment
                    under subparagraph (A) shall include an analysis of the
                    potential effects of significant geopolitical shifts,
                    including those related to Taiwan.
                        (C) Identification of opportunities for
                    diversification.--The assessment under subparagraph (A)
                    shall also identify opportunities for diversification
                    of United States supply chains, including an assessment
                    of cost, challenges, and opportunities to diversify
                    manufacturing capabilities on a multinational basis.
                (3) Computing power.--An assessment of trends relating to
            computing power and the effect of such trends on global
            artificial intelligence development and implementation, in
            consultation with the Director of the Intelligence Advanced
            Research Projects Activity, the Director of the Defense
            Advanced Research Projects Agency, and the Director of the
            National Institute of Standards and Technology, including
            forward-looking assessments of how computing resources may
            affect United States national security, innovation, and
            implementation relating to artificial intelligence.
        (c) Report.--
                (1) Definition of appropriate committees of congress.--In
            this subsection, the term ``appropriate committees of
            Congress'' means--
                        (A) the Select Committee on Intelligence, the
                    Committee on Armed Services, the Committee on Banking,
                    Housing, and Urban Affairs, the Committee on Foreign
                    Relations, and the Committee on Homeland Security and
                    Governmental Affairs of the Senate; and
                        (B) the Permanent Select Committee on Intelligence,
                    the Committee on Armed Services, the Committee on
                    Financial Services, the Committee on Foreign Affairs,
                    and the Committee on Homeland Security of the House of
                    Representatives.
                (2) In general.--Not later than 180 days after the date of
            the enactment of this Act, the Director shall submit to the
            appropriate committees of Congress a report on the findings of
            the Director with respect to the assessment completed under
            subsection (a).
                (3) Form.--The report submitted under paragraph (2) shall
            be submitted in unclassified form, but may include a classified
            annex.

    SEC. 605. COMBATING CHINESE INFLUENCE OPERATIONS IN THE UNITED STATES
                  AND STRENGTHENING CIVIL LIBERTIES PROTECTIONS.

        (a) 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 (8) as paragraph (9); and
                (2) by inserting after paragraph (7) the following:
                ``(8) An identification of influence activities and
            operations employed by the Chinese Communist Party against the
            United States science and technology sectors, specifically
            employees of the United States Government, researchers,
            scientists, and students in the science and technology sector
            in the United States.''.
        (b) Plan for Federal Bureau of Investigation to Increase Public
    Awareness and Detection of Influence Activities by the Government of
    the People's Republic of China.--
                (1) Plan required.--Not later than 90 days after the date
            of the enactment of this Act, the Director of the Federal
            Bureau of Investigation shall submit to the congressional
            intelligence committees a plan to increase public awareness of
            influence activities by the Government of the People's Republic
            of China.
                (2) Consultation.--In carrying out paragraph (1), the
            Director shall consult with the following:
                        (A) The Director of the Office of Science and
                    Technology Policy.
                        (B) Such other stakeholders outside the
                    intelligence community, including professional
                    associations, institutions of higher education,
                    businesses, and civil rights and multicultural
                    organizations, as the Director determines relevant.
        (c) Recommendations of the Federal Bureau of Investigation to
    Strengthen Relationships and Build Trust With Communities of
    Interest.--
                (1) In general.--The Director of the Federal Bureau of
            Investigation, in consultation with the Assistant Attorney
            General for the Civil Rights Division and the Chief Privacy and
            Civil Liberties Officer of the Department of Justice, shall
            develop recommendations to strengthen relationships with
            communities targeted by influence activities of the Government
            of the People's Republic of China and build trust with such
            communities through local and regional grassroots outreach.
                (2) Submittal to congress.--Not later than 1 year after the
            date of the enactment of this Act, the Director shall submit to
            Congress the recommendations developed under paragraph (1).
        (d) Technical Corrections.--The National Security Act of 1947 (50
    U.S.C. 3001 et seq.) is amended--
                (1) in section 1107 (50 U.S.C. 3237)--
                        (A) in the section heading, by striking ``communist
                    party of china'' and inserting ``chinese communist
                    party''; and
                        (B) by striking ``Communist Party of China'' both
                    places it appears and inserting ``Chinese Communist
                    Party''; and
                (2) in the table of contents before section 2 (50 U.S.C.
            3002), by striking the item relating to section 1107 and
            inserting the following new item:

    ``Sec. 1107. Annual reports on influence operations and campaigns in
                                the United States by the Chinese Communist
                                Party.''.

    SEC. 606. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR OFFICIALS OF
                  THE CHINESE COMMUNIST PARTY.

        (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
                (1) the Committee on Banking, Housing, and Urban Affairs,
            the Committee on Finance, the Committee on Foreign Relations,
            and the Select Committee on Intelligence of the Senate; and
                (2) the Committee on Financial Services, the Committee on
            Foreign Affairs, the Committee on Ways and Means, and the
            Permanent Select Committee on Intelligence of the House of
            Representatives.
        (b) Annual Report Required.--
                (1) In general.--Not later than 90 days after the date of
            the enactment of this Act, and annually thereafter through
            2025, the Director of the Central Intelligence Agency shall
            submit to the appropriate committees of Congress a report on
            the corruption and corrupt activities of senior officials of
            the Chinese Communist Party.
                (2) Elements.--
                        (A) In general.--Each report under paragraph (1)
                    shall include the following:
                                (i) A description of the wealth of, and
                            corruption and corrupt activities among, senior
                            officials of the Chinese Communist Party.
                                (ii) A description of any recent actions of
                            the officials described in clause (i) that
                            could be considered a violation, or potential
                            violation, of United States law.
                                (iii) A description and assessment of
                            targeted financial measures, including
                            potential targets for designation of the
                            officials described in clause (i) for the
                            corruption and corrupt activities described in
                            that clause and for the actions described in
                            clause (ii).
                        (B) Scope of reports.--The first report under
                    paragraph (1) shall include comprehensive information
                    on the matters described in subparagraph (A). Any
                    succeeding report under paragraph (1) may consist of an
                    update or supplement to the preceding report under that
                    subsection.
                (3) Coordination.--In preparing each report, update, or
            supplement under this subsection, the Director of the Central
            Intelligence Agency shall coordinate as follows:
                        (A) In preparing the description required by clause
                    (i) of paragraph (2)(A), the Director of the Central
                    Intelligence Agency shall coordinate with the head of
                    the Office of Intelligence and Analysis of the
                    Department of the Treasury and the Director of the
                    Federal Bureau of Investigation.
                        (B) In preparing the descriptions required by
                    clauses (ii) and (iii) of such paragraph, the Director
                    of the Central Intelligence Agency shall coordinate
                    with the head of the Office of Intelligence and
                    Analysis of the Department of the Treasury.
                (4) Form.--Each report under paragraph (1) shall include an
            unclassified executive summary, and may include a classified
            annex.
        (c) Sense of Congress.--It is the sense of Congress that the United
    States should undertake every effort and pursue every opportunity to
    expose the corruption and illicit practices of senior officials of the
    Chinese Communist Party, including President Xi Jinping.

    SEC. 607. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER EASTERN
                  EUROPEAN OLIGARCHS.

        (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
                (1) the Committee on Banking, Housing, and Urban Affairs,
            the Committee on Finance, the Committee on Foreign Relations,
            and the Select Committee on Intelligence of the Senate; and
                (2) the Committee on Financial Services, the Committee on
            Foreign Affairs, the Committee on Ways and Means, and the
            Permanent Select Committee on Intelligence of the House of
            Representatives.
        (b) Report Required.--Not later than 100 days after the date of the
    enactment of this Act, the Director of the Central Intelligence Agency
    shall submit to the appropriate committees of Congress and the
    Undersecretary of State for Public Diplomacy and Public Affairs a
    report on the corruption and corrupt activities of Russian and other
    Eastern European oligarchs.
        (c) Elements.--
                (1) In general.--Each report under subsection (b) shall
            include the following:
                        (A) A description of corruption and corrupt
                    activities among Russian and other Eastern European
                    oligarchs who support the Government of the Russian
                    Federation, including estimates of the total assets of
                    such oligarchs.
                        (B) An assessment of the impact of the corruption
                    and corrupt activities described pursuant to
                    subparagraph (A) on the economy and citizens of Russia.
                        (C) A description of any connections to, or support
                    of, organized crime, drug smuggling, or human
                    trafficking by an oligarch covered by subparagraph (A).
                        (D) A description of any information that reveals
                    corruption and corrupt activities in Russia among
                    oligarchs covered by subparagraph (A).
                        (E) A description and assessment of potential
                    sanctions actions that could be imposed upon oligarchs
                    covered by subparagraph (A) who support the leadership
                    of the Government of Russia, including President
                    Vladimir Putin.
                (2) Scope of reports.--The first report under subsection
            (a) shall include comprehensive information on the matters
            described in paragraph (1). Any succeeding report under
            subsection (a) may consist of an update or supplement to the
            preceding report under that subsection.
        (d) Coordination.--In preparing each report, update, or supplement
    under this section, the Director of the Central Intelligence Agency
    shall coordinate as follows:
                (1) In preparing the assessment and descriptions required
            by subparagraphs (A) through (D) of subsection (c)(1), the
            Director of the Central Intelligence Agency shall coordinate
            with the head of the Office of Intelligence and Analysis of the
            Department of the Treasury and the Director of the Federal
            Bureau of Investigation.
                (2) In preparing the description and assessment required by
            subparagraph (E) of such subsection, the Director of the
            Central Intelligence Agency shall coordinate with the head of
            the Office of Intelligence and Analysis of the Department of
            the Treasury.
        (e) Form.--
                (1) In general.--Subject to paragraph (2), each report
            under subsection (b) shall include an unclassified executive
            summary, and may include a classified annex.
                (2) Unclassified form of certain information.--The
            information described in subsection (c)(1)(D) in each report
            under subsection (b) shall be submitted in unclassified form.

    SEC. 608. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY THE CHINESE
                  COMMUNIST PARTY AND THE GOVERNMENT OF THE PEOPLE'S
                  REPUBLIC OF CHINA.

        (a) Definitions.--In this section:
                (1) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means--
                        (A) the Select Committee on Intelligence, the
                    Committee on Armed Services, the Committee on Foreign
                    Relations, the Committee on Health, Education, Labor,
                    and Pensions, and the Committee on Homeland Security
                    and Governmental Affairs of the Senate; and
                        (B) the Permanent Select Committee on Intelligence,
                    the Committee on Armed Services, the Committee on
                    Energy and Commerce, the Committee on Foreign Affairs,
                    and the Committee on Homeland Security of the House of
                    Representatives.
                (2) Critical infrastructure.--The term ``critical
            infrastructure'' has the meaning given such term in section
            1016(e) of the Uniting and Strengthening America by Providing
            Appropriate Tools Required to Intercept and Obstruct Terrorism
            (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
        (b) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the appropriate committees of Congress a report identifying
    whether and how officials of the Chinese Communist Party and the
    Government of the People's Republic of China may have sought--
                (1) to suppress information about--
                        (A) the outbreak of the novel coronavirus in Wuhan;
                        (B) the spread of the virus through China; and
                        (C) the transmission of the virus to other
                    countries;
                (2) to spread disinformation relating to the pandemic; or
                (3) to exploit the pandemic to advance their national
            security interests.
        (c) Assessments.--The report required by subsection (b) shall
    include assessments of reported actions and the effect of those actions
    on efforts to contain the novel coronavirus pandemic, including each of
    the following:
                (1) The origins of the novel coronavirus outbreak, the time
            and location of initial infections, and the mode and speed of
            early viral spread.
                (2) Actions taken by the Government of China to suppress,
            conceal, or misinform the people of China and those of other
            countries about the novel coronavirus outbreak in Wuhan.
                (3) The effect of disinformation or the failure of the
            Government of China to fully disclose details of the outbreak
            on response efforts of local governments in China and other
            countries.
                (4) Diplomatic, political, economic, intelligence, or other
            pressure on other countries and international organizations to
            conceal information about the spread of the novel coronavirus
            and the response of the Government of China to the contagion,
            as well as to influence or coerce early responses to the
            pandemic by other countries.
                (5) Efforts by officials of the Government of China to deny
            access to health experts and international health organizations
            to afflicted individuals in Wuhan, pertinent areas of the city,
            or laboratories of interest in China, including the Wuhan
            Institute of Virology.
                (6) Efforts by the Government of China, or those acting at
            its direction or with its assistance, to conduct cyber
            operations against international, national, or private health
            organizations conducting research relating to the novel
            coronavirus or operating in response to the pandemic.
                (7) Efforts to control, restrict, or manipulate relevant
            segments of global supply chains, particularly in the sale,
            trade, or provision of relevant medicines, medical supplies, or
            medical equipment as a result of the pandemic.
                (8) Efforts to advance the economic, intelligence, national
            security, and political objectives of the Government of China
            by exploiting vulnerabilities of foreign governments,
            economies, and companies under financial duress as a result of
            the pandemic or to accelerate economic espionage and
            intellectual property theft.
                (9) Efforts to exploit the disruption of the pharmaceutical
            and telecommunications industries as well as other industries
            tied to critical infrastructure and bilateral trade between
            China and the United States and between China and allies and
            partners of the United States in order to advance the economic
            and political objectives of the Government of China following
            the pandemic.
        (d) Form.--The report required under subsection (b) shall be
    submitted in unclassified form, but may include a classified annex.

    SEC. 609. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS EMBARGO ON
                  ISLAMIC REPUBLIC OF IRAN.

        (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
                (1) the Select Committee on Intelligence, the Committee on
            Armed Services, and the Committee on Foreign Relations of the
            Senate; and
                (2) the Permanent Select Committee on Intelligence, the
            Committee on Armed Services, and the Committee on Foreign
            Affairs of the House of Representatives.
        (b) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Director of the Defense Intelligence Agency,
    in consultation with such heads of other elements of the intelligence
    community as the Director considers appropriate, shall submit to the
    appropriate committees of Congress a report on--
                (1) the plans of the Government of the Islamic Republic of
            Iran to acquire military arms if the ban on arms transfers to
            or from such government under United Nations Security Council
            resolutions are lifted; and
                (2) the effect such arms acquisitions may have on regional
            security and stability.
        (c) Contents.--The report submitted under subsection (b) shall
    include assessments relating to plans of the Government of the Islamic
    Republic of Iran to acquire additional weapons, the intention of other
    countries to provide such weapons, and the effect such acquisition and
    provision would have on regional stability, including with respect to
    each of the following:
                (1) The type and quantity of weapon systems under
            consideration for acquisition.
                (2) The countries of origin of such systems.
                (3) Likely reactions of other countries in the region to
            such acquisition, including the potential for proliferation by
            other countries in response.
                (4) The threat that such acquisition could present to
            international commerce and energy supplies in the region, and
            the potential implications for the national security of the
            United States.
                (5) The threat that such acquisition could present to the
            Armed Forces of the United States, of countries allied with the
            United States, and of countries partnered with the United
            States stationed in or deployed in the region.
                (6) The potential that such acquisition could be used to
            deliver chemical, biological, or nuclear weapons.
                (7) The potential for the Government of the Islamic
            Republic of Iran to proliferate weapons acquired in the absence
            of an arms embargo to regional groups, including Shi'a militia
            groups backed by such government.
        (d) Form.--The report submitted under subsection (b) shall be
    submitted in unclassified form, but may include a classified annex.

    SEC. 610. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR
                  NONPROLIFERATION.

        (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
                (1) the Select Committee on Intelligence, the Committee on
            Armed Services, and the Committee on Foreign Relations of the
            Senate; and
                (2) the Permanent Select Committee on Intelligence, the
            Committee on Armed Services, and the Committee on Foreign
            Affairs of the House of Representatives.
        (b) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the appropriate committees of Congress a report assessing--
                (1) any relevant activities potentially relating to nuclear
            weapons research and development by the Islamic Republic of
            Iran; and
                (2) any relevant efforts to afford or deny international
            access in accordance with international nonproliferation
            agreements.
        (c) Assessments.--The report required by subsection (b) shall
    include assessments, for the period beginning on January 1, 2018, and
    ending on the date of the submittal of the report, of the following:
                (1) Activities to research, develop, or enrich uranium or
            reprocess plutonium with the intent or capability of creating
            weapons-grade nuclear material.
                (2) Research, development, testing, or design activities
            that could contribute to or inform construction of a device
            intended to initiate or capable of initiating a nuclear
            explosion.
                (3) Efforts to receive, transmit, store, destroy, relocate,
            archive, or otherwise preserve research, processes, products,
            or enabling materials relevant or relating to any efforts
            assessed under paragraph (1) or (2).
                (4) Efforts to afford or deny international access, in
            accordance with international nonproliferation agreements, to
            locations, individuals, and materials relating to activities
            described in paragraph (1), (2), or (3).
        (d) Form.--The report required under subsection (b) shall be
    submitted in unclassified form, but may include a classified annex.

    SEC. 611. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S REPUBLIC
                  OF CHINA IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION.

        (a) Finding.--Congress finds that the National People's Congress of
    the People's Republic of China promulgated the Law of the People's
    Republic of China on Safeguarding National Security in the Hong Kong
    Special Administrative Region on June 30, 2020.
        (b) Reports.--Title XI of the National Security Act of 1947 (50
    U.S.C. 3231 et seq.), is amended by inserting after section 1107 the
    following new section:

    ``SEC. 1107A. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S
                  REPUBLIC OF CHINA IN THE HONG KONG SPECIAL ADMINISTRATIVE
                  REGION.

        ``(a) Definitions.--In this section:
                ``(1) Appropriate congressional committees.--The term
            `appropriate congressional committees' means--
                        ``(A) the congressional intelligence committees;
                        ``(B) the Committee on Foreign Relations and the
                    Committee on Armed Services of the Senate; and
                        ``(C) the Committee on Foreign Affairs and the
                    Committee on Armed Services of the House of
                    Representatives.
                ``(2) Chinese security services.--The term `Chinese
            security services' means--
                        ``(A) the security services of the Government of
                    the People's Republic of China, including the Ministry
                    of State Security and the Ministry of Public Security;
                    and
                        ``(B) any known front organizations or aliases
                    associated with such security services, including
                    officers associated with the national security division
                    of the Hong Kong Police Force and other officers of the
                    Hong Kong Police Force selected by the Committee for
                    Safeguarding National Security to work on matters
                    relating to national security.
        ``(b) Requirement.--On an annual basis through 2047, the Director
    of National Intelligence shall submit to the appropriate congressional
    committees a report on the presence and activities of Chinese security
    services operating within the Hong Kong Special Administrative Region.
        ``(c) Contents.--Each report under subsection (b) shall include,
    with respect to the year covered by the report, the following:
                ``(1) Identification of the approximate number of personnel
            affiliated with Chinese security services operating within the
            Hong Kong Special Administrative Region, including a breakdown
            of such personnel by the specific security service and the
            division of the security service, and (to the extent possible)
            an identification of any such personnel associated with the
            national security division of the Hong Kong Police Force.
                ``(2) A description of the command and control structures
            of such security services, including information regarding the
            extent to which such security services are controlled by the
            Government of the Hong Kong Special Administrative Region or
            the Government of the People's Republic of China.
                ``(3) A description of the working relationship and
            coordination mechanisms of the Chinese security services with
            the police force of the Hong Kong Special Administrative
            Region.
                ``(4) A description of the activities conducted by Chinese
            security services operating within the Hong Kong Special
            Administrative Region, including--
                        ``(A) information regarding the extent to which
                    such security services, and officers associated with
                    the national security division of the Hong Kong Police
                    Force, are engaged in frontline policing, serving in
                    advisory and assistance roles, or both;
                        ``(B) an assessment of the likelihood of such
                    security services conducting renditions of individuals
                    from the Hong Kong Special Administrative Region to
                    China and a listing of every known individual subject
                    to such rendition during the year covered by the
                    report; and
                        ``(C) an assessment of how such activities
                    conducted by Chinese security services contribute to
                    self-censorship and corruption within the Hong Kong
                    Special Administrative Region.
                ``(5) A discussion of the doctrine and tactics employed by
            Chinese security services operating within the Hong Kong
            Special Administrative Region, including an overview of the
            extent to which such security services employ surveillance,
            detection, and control methods, including `high-tech' policing
            models and `preventative policing tactics', that are consistent
            with the rise of digital authoritarianism, and used in a manner
            similar to methods used in the Xinjiang region of China.
                ``(6) An overview of the funding for Chinese security
            services operating within the Hong Kong Special Administrative
            Region, including an assessment of the extent to which funding
            is drawn locally from the Hong Kong Special Administrative
            Region Government or from the Government of China.
                ``(7) A discussion of the various surveillance technologies
            used by security services operating within the Hong Kong
            Special Administrative Region, including--
                        ``(A) a list of the key companies that provide such
                    technologies; and
                        ``(B) an assessment of the degree to which such
                    technologies can be accessed by Chinese security
                    services operating within the Hong Kong Special
                    Administrative Region.
        ``(d) Coordination.--In carrying out subsection (b), the Director
    shall coordinate with the Director of the Central Intelligence Agency,
    the Director of the National Security Agency, the Director of the
    Defense Intelligence Agency, the Director of the National Geospatial-
    Intelligence Agency, the Assistant Secretary of State for the Bureau of
    Intelligence and Research, and any other relevant head of an element of
    the intelligence community.
        ``(e) Form.--Each report submitted to the appropriate congressional
    committees under subsection (b) shall be submitted in unclassified
    form, but may include a classified annex.''.
        (c) Clerical Amendment.--The table of contents in the first section
    of the National Security Act of 1947 is amended by inserting after the
    item relating to section 1107 the following new item:

    ``Sec. 1107A. Annual reports on security services of the People's
                                Republic of China in the Hong Kong Special
                                Administrative Region.''.

    SEC. 612. RESEARCH PARTNERSHIP ON ACTIVITIES OF PEOPLE'S REPUBLIC OF
                  CHINA.

        (a) Research Partnership.--
                (1) Requirement.--Not later than 180 days after the date of
            the enactment of this Act, the Director of the National
            Geospatial-Intelligence Agency shall seek to enter into a
            partnership with an academic or non-profit research institution
            to--
                        (A) carry out joint unclassified geospatial
                    intelligence analyses of the activities of the People's
                    Republic of China that pose risks to the national
                    security interests of the United States; and
                        (B) make available on a publicly available internet
                    website unclassified geospatial intelligence products
                    relating to such analyses.
                (2) Elements.--The Director shall ensure that the
            activities of China analyzed under paragraph (1)(A) include the
            following:
                        (A) Any notable developments relating to the global
                    activities of the People's Liberation Army Ground
                    Force, the People's Liberation Army Navy, the People's
                    Liberation Army Air Force, the People's Liberation Army
                    Rocket Force, the People's Liberation Army Strategic
                    Support Force, and the Chinese People's Armed Police
                    Force Coast Guard Corps.
                        (B) Infrastructure projects associated with the
                    ``One Belt, One Road'' Initiative.
                        (C) Maritime land reclamation activities conducted
                    by China in the South China Sea, the Indian Ocean
                    region, and the broader maritime commons.
                        (D) Matters relevant to global public health and
                    climate security, including--
                                (i) indications and warnings of disease
                            outbreaks with pandemic potential;
                                (ii) the activities of China likely
                            contributing to climate change; and
                                (iii) any environmental degradation
                            directly resulting from the practices of China.
                (3) Consortium.--In carrying out paragraph (1), the
            Director may enter into a partnership with--
                        (A) one research institution; or
                        (B) a consortium of research institutions if the
                    Director determines that the inclusion of multiple
                    institutions will result in more effective research
                    conducted pursuant to this section or improve the
                    outcomes of such research.
                (4) Duration.--The Director shall carry out a partnership
            under this section for a period that is not less than 10 years
            following the date of the enactment of this Act.
                (5) Improvements to partnership.--The Director may modify
            the partnership under paragraph (1) or select a new research
            institution with which to enter into such a partnership if--
                        (A) the Director consults with the congressional
                    intelligence committees with respect to the proposed
                    modified or new partnership;
                        (B) the modified or new partnership is carried out
                    in accordance with this section; and
                        (C) the Director determines that the modified or
                    new partnership will result in more effective research
                    conducted pursuant to this section or improve the
                    outcomes of such research.
        (b) Open-Source Data.--
                (1) Identification and publication.--During the life of the
            partnership under subsection (a), the Director shall
            regularly--
                        (A) identify raw, unclassified geospatial data that
                    could improve the research conducted under the
                    partnership if the data was made publicly available;
                    and
                        (B) make such data publicly available.
                (2) Consultation.--The Director shall carry out paragraph
            (1) in consultation with the research institution or consortium
            of research institutions involved with the partnership under
            subsection (a).
        (c) Briefings.--Not later than 270 days after the date of the
    enactment of this Act, and annually thereafter during the life of the
    partnership under subsection (a), the Director shall provide to the
    appropriate congressional committees a briefing on the partnership.
    Each such briefing shall include the following:
                (1) The outcomes of research conducted under the
            partnership.
                (2) Identification of the actions that have been taken to
            increase the quantity and quality of unclassified geospatial
            analysis products made publicly available under the
            partnership, including the quantity and types of raw data the
            partnership has made publicly available.
                (3) Identification of actual and projected costs to carry
            out the partnership.
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) Committee on Foreign Relations and the Subcommittee on
            Defense of the Committee on Appropriations of the Senate; and
                (3) Committee on Foreign Affairs and the Subcommittee on
            Defense of the Committee on Appropriations of the House of
            Representatives.

    SEC. 613. REPORT ON THE PHARMACEUTICAL AND PERSONAL PROTECTIVE
                  EQUIPMENT REGULATORY PRACTICES OF THE PEOPLE'S REPUBLIC
                  OF CHINA.

        (a) Report.--Not later than 120 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--
                (1) the pharmaceutical and personal protective equipment
            regulatory practices of the People's Republic of China; and
                (2) the effects of such practices on the national security
            of the United States.
        (b) Contents.--The report under subsection (a) shall include the
    following:
                (1) An assessment of the quantity of active pharmaceutical
            ingredients produced annually within China.
                (2) An estimate of the percentage of active pharmaceutical
            ingredients produced globally that originate in China.
                (3) A description of the National Medical Products
            Administration of China, including with respect to--
                        (A) the roles and responsibilities of the
                    Administration;
                        (B) the organizational structure of the
                    Administration; and
                        (C) any affiliated institutions of the National
                    Medical Products Administration.
                (4) An assessment of the capacity of the National Medical
            Products Administration to effectively develop safety
            standards, efficacy standards, and any other relevant standards
            concerning the production of active pharmaceutical ingredients
            and pharmaceutical drugs.
                (5) An assessment of the capacity of the National Medical
            Products Administration to enforce standards on the production
            and distribution of active pharmaceutical ingredients and
            pharmaceutical drugs.
                (6) An overview of qualitative disparities between active
            pharmaceutical ingredients and pharmaceutical drugs approved by
            the National Medical Products Administration and similar drugs
            subject to regulatory oversight and approval in the markets of
            the member states of the Organisation for Economic Co-operation
            and Development.
                (7) An assessment of the qualitative disparities between
            the standards and enforcement practices of the National Medical
            Products Administration on the production and distribution of
            active pharmaceutical ingredients and pharmaceutical drugs and
            the good manufacturing practice guidelines issued by the
            International Council for Harmonization of Technical
            Requirements for Pharmaceuticals for Human Use.
                (8) An assessment of the susceptibility of the National
            Medical Products Administration, the subordinate organizations
            of the National Medical Products Administration, and other
            associated personnel to engage in corrupt practices,
            particularly practices that relate to assessing the safety of
            pharmaceutical ingredients and other pharmaceutical drugs
            within the authority of the National Medical Products
            Administration.
                (9) An assessment of the national security risks associated
            with the reliance by the United States on pharmaceutical
            ingredients and pharmaceutical drugs originating in China,
            including an assessment of how and whether China could leverage
            its production of certain pharmaceutical ingredients as a means
            to coerce the United States or the partners and allies of the
            United States.
                (10) An assessment of the percentage of personal protective
            equipment produced globally that originates in China.
                (11) An assessment of the national security risks
            associated with any reliance by the United States on personal
            protective equipment originating in China, including an
            assessment of how and whether China could leverage its
            production of personal protective equipment as a means to
            coerce the United States or the partners and allies of the
            United States.
        (c) Coordination.--In carrying out subsection (a), the Director
    shall coordinate with the Director of the Central Intelligence Agency,
    the Director of the National Security Agency, the Director of the
    Defense Intelligence Agency, the Director of the National Geospatial-
    Intelligence Agency, and any other relevant head of an element of the
    intelligence community as well as the Commissioner of the Food and Drug
    Administration.
        (d) Form.--The report submitted to the appropriate congressional
    committees under subsection (a) shall be submitted in unclassified
    form, but may include a classified annex.
        (e) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the congressional intelligence committees;
                (2) the Committee on Foreign Affairs and the Committee on
            Energy and Commerce of the House of Representatives; and
                (3) the Committee on Foreign Relations and the Committee on
            Finance of the Senate.

    SEC. 614. NATIONAL INTELLIGENCE ESTIMATE ON SITUATION IN AFGHANISTAN.

        (a) Requirement.--The Director of National Intelligence, acting
    through the National Intelligence Council, shall produce a National
    Intelligence Estimate on the situation in Afghanistan.
        (b) Matters.--The National Intelligence Estimate produced under
    subsection (a) shall include an assessment of the prospects of a
    durable intra-Afghan settlement of the conflict in Afghanistan that
    leads to--
                (1) a permanent ceasefire and sustained reduction in
            violence;
                (2) a verifiable break between the Taliban and al-Qaeda;
                (3) verifiable cooperation by the Taliban in efforts
            against al-Qaeda, the Islamic State of Iraq and the Levant
            Khorasan, and associated international terrorists the
            intelligence community determines are active in Afghanistan and
            pose a threat to the United States homeland or United States
            interests abroad; and
                (4) sustainment of the social and human rights progress
            achieved by Afghan women and girls since 2001.
        (c) Submission to Congress.--
                (1) Submission.--Not later than February 1, 2021, the
            Director shall submit to the congressional intelligence
            committees the National Intelligence Estimate produced under
            subsection (a), including all intelligence reporting underlying
            the Estimate.
                (2) Notice regarding submission.--If before February 1,
            2021, the Director determines that the National Intelligence
            Estimate produced under subsection (a) cannot be submitted by
            such date, the Director shall (before such date)--
                        (A) submit to the congressional intelligence
                    committees a report setting forth the reasons why the
                    National Intelligence Estimate cannot be submitted by
                    such date and an estimated date for the submission of
                    the National Intelligence Estimate; and
                        (B) testify before the congressional intelligence
                    committees on the issues that will be covered by the
                    National Intelligence Estimate.
                (3) 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
    congressional intelligence committees the National Intelligence
    Estimate under subsection (c), 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.

    SEC. 615. ASSESSMENT REGARDING TENSIONS BETWEEN ARMENIA AND AZERBAIJAN.

        (a) Assessment Required.--Not later than 90 days after the date of
    the enactment of this Act, the Director of National Intelligence shall
    submit to the congressional intelligence committees a written
    assessment regarding tensions between the governments of Armenia and
    Azerbaijan, including with respect to the status of the Nagorno-
    Karabakh region. Such assessment shall include each of the following:
                (1) An identification of the strategic interests of the
            United States and its partners in the Armenia-Azerbaijan
            region.
                (2) A description of all significant uses of force in and
            around the Nagorno-Karabakh region and the border between
            Armenia and Azerbaijan during calendar year 2020, including a
            description of each significant use of force and an assessment
            of who initiated the use of such force.
                (3) An assessment of the effect of United States military
            assistance to Azerbaijan and Armenia on the regional balance of
            power and the likelihood of further use of military force.
                (4) An assessment of the likelihood of any further uses of
            force or potentially destabilizing activities in the region in
            the near- to medium-term.
        (b) Form of Assessment.--The assessment required under this section
    shall be submitted in unclassified form, but may contain a classified
    annex.

    SEC. 616. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.

        It is the sense of the Congress that--
                (1) the work of the Third Option Foundation to heal, help,
            and honor members of the special operations community of the
            Central Intelligence Agency and their families is invaluable;
            and
                (2) the Director of the Central Intelligence Agency should
            work closely with the Third Option Foundation in implementing
            section 19A of the Central Intelligence Agency Act of 1949 (50
            U.S.C. 3519b), as added by section 6412 of the Damon Paul
            Nelson and Matthew Young Pollard Intelligence Authorization Act
            for Fiscal Years 2018, 2019, and 2020 (Public Law 116-92).

    SEC. 617. ANNUAL REPORTS ON WORLDWIDE THREATS.

        (a) In General.--Title I of the National Security Act of 1947 (50
    U.S.C. 3021 et seq.) is amended by inserting after section 108A the
    following new section:

    ``SEC. 108B. ANNUAL REPORTS ON WORLDWIDE THREATS.

        ``(a) Definition of 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.
        ``(b) Annual Reports.--Not later than the first Monday in February
    2021, and each year thereafter, the Director of National Intelligence,
    in coordination with the heads of the elements of the intelligence
    community, shall submit to the appropriate congressional committees a
    report containing an assessment of the intelligence community with
    respect to worldwide threats to the national security of the United
    States.
        ``(c) Form.--Each report under subsection (b) shall be submitted in
    unclassified form, but may include a classified annex only for the
    protection of intelligence sources and methods relating to the matters
    contained in the report.
        ``(d) Hearings.--
                ``(1) Open hearings.--Upon request by the appropriate
            congressional committees, the Director (and any other head of
            an element of the intelligence community determined appropriate
            by the committees in consultation with the Director) shall
            testify before such committees in an open setting regarding a
            report under subsection (b).
                ``(2) Closed hearings.--Any information that may not be
            disclosed during an open hearing under paragraph (1) in order
            to protect intelligence sources and methods may instead be
            discussed in a closed hearing that immediately follows such
            open hearing.''.
        (b) Clerical Amendment.--The table of contents at the beginning of
    such Act is amended by inserting after the item relating to section
    108A the following new item:

    ``Sec. 108B. Annual reports on world-wide threats.''.

    SEC. 618. ANNUAL REPORT ON CLIMATE SECURITY ADVISORY COUNCIL.

        Section 120 of the National Security Act of 1947 (50 U.S.C. 3060),
    as amended by section 405, is further amended--
                (1) by redesignating subsection (d) as subsection (e); and
                (2) by inserting after subsection (c) the following new
            subsection (d):
        ``(d) Annual Report.--Not later than January 31, 2021, and not less
    frequently than annually thereafter, the chair of the Council shall
    submit, on behalf of the Council, to the congressional intelligence
    committees a report describing the activities of the Council as
    described in subsection (c) during the year preceding the year during
    which the report is submitted.''.

    SEC. 619. IMPROVEMENTS TO FUNDING FOR NATIONAL SECURITY EDUCATION
                  PROGRAM.

        (a) Funding for Scholarship, Fellowship, and Grant Programs.--
    Section 810 of the David L. Boren National Security Education Act of
    1991 (50 U.S.C. 1910) is amended--
                (1) in subsection (c), by striking ``for each fiscal year,
            beginning with fiscal year 2005,'' and inserting ``for each of
            fiscal years 2005 through 2021''; and
                (2) by adding at the end the following new subsection:
        ``(d) Fiscal Years Beginning With Fiscal Year 2022.--In addition to
    amounts that may be made available to the Secretary under the Fund for
    a fiscal year, there is authorized to be appropriated to the Secretary
    for each fiscal year, beginning with fiscal year 2022, $8,000,000, to
    carry out the scholarship, fellowship, and grant programs under
    subparagraphs (A), (B), and (C), respectively, of section 802(a)(1).''.
        (b) Funding for National Flagship Language Initiative.--Section 811
    of such Act (50 U.S.C. 1911) is amended--
                (1) in subsection (a), by striking `` $10,000,000'' and
            inserting `` $16,000,000''; and
                (2) in subsection (b), by striking ``for each fiscal year,
            beginning with fiscal year 2005,'' and inserting ``for each of
            fiscal years 2005 through 2021''.
        (c) Funding for Scholarship Program for Advanced English Language
    Studies.--Section 812 of the David L. Boren National Security Education
    Act of 1991 (50 U.S.C. 1912) is amended--
                (1) in subsection (a), by striking ``for each fiscal year,
            beginning with fiscal year 2005,'' and inserting ``for each of
            fiscal years 2005 through 2021'';
                (2) by redesignating subsection (b) as subsection (c);
                (3) by inserting after subsection (a) the following new
            subsection (b):
        ``(b) Fiscal Years Beginning With Fiscal Year 2022.--In addition to
    amounts that may be made available to the Secretary under the Fund for
    a fiscal year, there is authorized to be appropriated to the Secretary
    for each fiscal year, beginning with fiscal year 2022, $2,000,000, to
    carry out the scholarship programs for English language studies by
    certain heritage community citizens under section 802(a)(1)(E).''; and
                (4) in subsection (c), as so redesignated, by striking
            ``subsection (a)'' and inserting ``this section''.

    SEC. 620. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL LIBERTIES,
                  AND CIVIL RIGHTS OF CHINESE AMERICANS.

        (a) Report.--Section 5712 of the Damon Paul Nelson and Matthew
    Young Pollard Intelligence Authorization Act for Fiscal Years 2018,
    2019, and 2020 (Public Law 116-92; 133 Stat. 2171) is--
                (1) transferred to title XI of the National Security Act of
            1947 (50 U.S.C. 3231 et seq.);
                (2) inserted after section 1109 of such title, as added by
            section 308;
                (3) redesignated as section 1110; and
                (4) amended--
                        (A) in the heading, by striking ``and civil
                    liberties'' and inserting ``, civil liberties, and
                    civil rights''; and
                        (B) in subsection (b)--
                                (i) in the matter preceding paragraph (1)
                            by striking ``Not later than 180 days after the
                            date of the enactment of this Act,'' and
                            inserting ``On an annual basis,''; and
                                (ii) by striking ``and civil liberties'',
                            each place it appears and inserting ``, civil
                            liberties, and civil rights''.
        (b) Clerical Amendment.--The table of contents at the beginning of
    the National Security Act of 1947 is amended by inserting after the
    item relating to section 1109, as added by section 308, the following
    new item:

    ``Sec. 1110. Report on best practices to protect privacy, civil
                                liberties, and civil rights of Chinese
                                Americans.''.

    SEC. 621. NATIONAL INTELLIGENCE ESTIMATE ON THREAT OF GLOBAL PANDEMIC
                  DISEASE.

        (a) National Intelligence Estimate.--
                (1) Requirement.--The Director of National Intelligence,
            acting through the National Intelligence Council, shall produce
            a National Intelligence Estimate on the threat of global
            pandemic disease, including with respect to the following:
                        (A) An assessment of the possible courses of the
                    COVID-19 pandemic during the 18 months following the
                    date of the Estimate, including--
                                (i) the projected spread of COVID-19
                            outside the United States and the likelihood of
                            subsequent major outbreaks;
                                (ii) the capacity of countries and
                            international organizations to combat the
                            further spread of COVID-19, including risks and
                            opportunities for further global cooperation;
                            and
                                (iii) the risks to the national security
                            and health security of the United States if
                            COVID-19 is not contained abroad.
                        (B) An assessment of the global public health
                    system and the responses of the system to the COVID-19
                    pandemic, including--
                                (i) prospects for an effective global
                            disease surveillance and response system,
                            opportunities to advance the development of
                            such a system, and signposts for evaluating
                            whether or not an effective system has been
                            developed before a disease outbreak occurs; and
                                (ii) an assessment of global health system
                            capacity.
                        (C) An assessment of--
                                (i) the humanitarian and economic
                            implications of the COVID-19 pandemic; and
                                (ii) the consequences of the COVID-19
                            pandemic with respect to political stability,
                            armed conflict, democratization, and the global
                            leadership by the United States of the post-
                            World War II international system.
                        (D) An assessment of--
                                (i) likely threats by global pandemic
                            diseases during the 10-year period following
                            the date of the Estimate;
                                (ii) global readiness to avert a future
                            global pandemic;
                                (iii) challenges and opportunities for the
                            policy of the United States to advance global
                            pandemic preparedness; and
                                (iv) the potential role of non-state and
                            state-backed global influence activities or
                            disinformation campaigns involving COVID-19 or
                            future potential global pandemics.
                        (E) Any other matters the Director determines
                    appropriate.
                (2) Submission to congress.--
                        (A) Submission.--Not later than 90 days after the
                    date of the enactment of this Act, the Director shall
                    submit to the Permanent Select Committee on
                    Intelligence of the House of Representatives and the
                    Select Committee on Intelligence of the Senate the
                    National Intelligence Estimate produced under paragraph
                    (1), including all intelligence reporting underlying
                    the Estimate.
                        (B) Notice regarding submission.--If before the end
                    of the 90-day period specified in subparagraph (A) the
                    Director determines that the National Intelligence
                    Estimate under paragraph (1) cannot be submitted by the
                    end of that period, the Director shall (before the end
                    of that period)--
                                (i) submit to the Permanent Select
                            Committee on Intelligence of the House of
                            Representatives and the Select Committee on
                            Intelligence of the Senate a report setting
                            forth--
                                        (I) the reasons why the National
                                    Intelligence Estimate cannot be
                                    submitted by the end of that period;
                                    and
                                        (II) an estimated date for the
                                    submission of the National Intelligence
                                    Estimate; and
                                (ii) testify before such committees on the
                            issues that will be covered by the National
                            Intelligence Estimate.
                        (C) Form.--The National Intelligence Estimate shall
                    be submitted under subparagraph (A) in classified form.
                (3) Public version.--Consistent with the protection of
            intelligence sources and methods, at the same time as the
            Director submits to the congressional intelligence committees
            the National Intelligence Estimate under paragraph (2), the
            Director shall make publicly available on the internet website
            of the Director, an unclassified version of the National
            Intelligence Estimate.
                (4) Consultation.--The Director shall prepare the National
            Intelligence Estimate under paragraph (1) in consultation with
            the Secretary of Health and Human Services, the Director of the
            Centers for Disease Control and Prevention, the Secretary of
            State, and any other head of an element of the Federal
            Government the Director of National Intelligence determines
            appropriate.
        (b) Future Pandemic Plan.--
                (1) Requirement.--Not later than 90 days after the date of
            the enactment of this Act, the President shall make publicly
            available on the internet website of the President a report
            containing a whole-of-government plan for an effective response
            to subsequent major outbreaks of the COVID-19 pandemic and for
            other future global pandemic diseases.
                (2) Matters included.--The plan under paragraph (1) shall
            address how to improve the following:
                        (A) Pandemic planning.
                        (B) Homeland preparedness.
                        (C) International disease surveillance.
                        (D) Diagnostic testing.
                        (E) Contact tracing.
                        (F) The role of the Federal Government with respect
                    to the regulation, acquisition, and disbursement, of
                    medical supplies and other public health resources
                    necessary to respond to COVID-19 or other diseases with
                    pandemic potential (including diagnostic testing
                    equipment, biomedical equipment, drugs and medicines,
                    and hygiene equipment).
                        (G) The procurement and distribution of personal
                    protective equipment.
                        (H) Early domestic response to future global
                    pandemic diseases in the United States.
        (c) Global Strategy.--Not later than 90 days after the date of the
    enactment of this Act, the President, in coordination with the Director
    of National Intelligence, shall make publicly available on the internet
    website of the President a report containing a global strategy for
    mobilizing international institutions to combat the COVID-19 pandemic.

    SEC. 622. MODIFICATION OF REQUIREMENT FOR BRIEFINGS ON NATIONAL
                  SECURITY EFFECTS OF EMERGING INFECTIOUS DISEASE AND
                  PANDEMICS.

        Section 6722(b)(2) of the Damon Paul Nelson and Matthew Young
    Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
    2020 (division E of Public Law 116-98) is amended--
                (1) in the paragraph heading, by striking ``Quinquennial''
            and inserting ``Annual'';
                (2) by striking ``beginning on the date that is 5 years
            after the date on which the Director submits the report under
            paragraph (1), and every 5 years thereafter'' and inserting
            ``not later than January 31, 2021, and annually thereafter'';
            and
                (3) by inserting ``required under paragraph (1)'' before
            the period at the end.

    SEC. 623. INDEPENDENT STUDY ON OPEN-SOURCE INTELLIGENCE.

        (a) Study.--The Director of National Intelligence shall seek to
    enter into an agreement with a federally funded research and
    development center or a nongovernmental entity to conduct a
    comprehensive study on the future of the collection, processing,
    exploitation, analysis, dissemination, and evaluation of open-source
    intelligence by the intelligence community. The Director shall select
    such entity in consultation with the congressional intelligence
    committees.
        (b) Matters Included.--The study under subsection (a) shall include
    the following:
                (1) Recommendations with respect to the governance of open-
            source intelligence within the intelligence community,
            including regarding--
                        (A) whether such governance of open-source
                    intelligence should be assigned to a functional manager
                    or an executive agent, or use another governance
                    structure;
                        (B) which official of the intelligence community
                    should serve as such a functional manager, executive
                    agent, or the leader of such other governance
                    structure, and what authorities the official should
                    have in serving in such role;
                        (C) which official of the intelligence community
                    should be responsible for conducting oversight by the
                    executive branch for open-source intelligence;
                        (D) which elements of the intelligence community
                    should retain capabilities to collect, process,
                    exploit, and disseminate open-source intelligence;
                        (E) how to effectively integrate such collection
                    capabilities among the elements of the intelligence
                    community; and
                        (F) whether to establish a new agency as an element
                    of the intelligence community dedicated to open-source
                    intelligence or to establish a fusion center to co-
                    locate open-source intelligence capabilities of the
                    elements of the intelligence community, including a
                    discussion of the advantages and disadvantages of each
                    such approach.
                (2) Recommendations regarding the requirements processes
            for open-source intelligence, including with respect to--
                        (A) the utility (or disutility) of a unified
                    collection management process for open-source
                    intelligence for all of the intelligence community;
                        (B) what such a process might look like;
                        (C) ways to integrate an open-source requirements
                    process into all-source collection management; and
                        (D) ways that automation might be leveraged to
                    facilitate open-source requirements and collection
                    management.
                (3) An assessment of the value of rejuvenating a career
            service for a professional cadre of the intelligence community
            that focuses on collecting and disseminating open-source
            intelligence and recommendations for such a rejuvenation.
                (4) Recommendations regarding the need to adjust any legal
            and policy frameworks (including any applicable guidelines of
            the Attorney General) that would facilitate the collection,
            retention, and dissemination of open-source intelligence while
            balancing customer needs with the privacy interests of United
            States persons.
                (5) An assessment of methods to use open-source
            intelligence to support the operations of the intelligence
            community, including recommendations on when and how open-
            source intelligence should support such operations.
                (6) With respect to the data management of open-source
            intelligence, recommendations on proposed data ingestion tools,
            scraping capabilities, and other tools and capabilities to
            collect, process, exploit, and analyze the volume of open-
            source intelligence, including recommendations on how the
            intelligence community can increase the speed and security with
            which the intelligence community adopts open-source technology
            and unclassified commercial products.
                (7) Any other matters the Director or the entity selected
            to conduct the study determines appropriate.
        (c) Cooperation.--The Director shall make available to the entity
    selected to conduct the study under subsection (a) the necessary
    information and materials to conduct the study, including with respect
    to--
                (1) accessing secure workspaces;
                (2) accessing directives and policy guidance of the
            intelligence community and other policy documents regarding the
            governance and execution of open-source intelligence;
                (3) reviewing technological systems used to conduct open-
            source intelligence collection;
                (4) interviewing senior personnel of the intelligence
            community, including such personnel with responsibility for the
            open-source intelligence mission of the intelligence community;
            and
                (5) ensuring that each head of an element of the
            intelligence community provides the cooperation described in
            this subsection.
        (d) Consultation.--The entity selected to conduct the study under
    subsection (a) shall consult with the congressional intelligence
    committees before beginning to conduct such study.
        (e) Report.--Not later than 270 days after the date of the
    enactment of this Act, the Director shall submit to the congressional
    intelligence committees a report containing the study under subsection
    (a), without change. The report shall be unclassified, but may include
    a classified annex.

    SEC. 624. SURVEY ON OPEN SOURCE ENTERPRISE.

        (a) Survey.--The Director of the Central Intelligence Agency (as
    the open source functional manager for the intelligence community), in
    consultation with the Director of National Intelligence and any other
    head of an element of the intelligence community that the Director of
    the Central Intelligence Agency determines appropriate, shall conduct a
    survey to measure the satisfaction of customers of open-source
    intelligence with the Open Source Enterprise of the Central
    Intelligence Agency.
        (b) Purpose.--The Director shall ensure that the survey under
    subsection (a)--
                (1) evaluates which types of open-source intelligence
            supports the missions of the customers of such intelligence,
            regardless of whether the customers are elements of the
            intelligence community and regardless of whether the customers
            are receiving such intelligence from the Open Source
            Enterprise;
                (2) evaluates how responsive the Open Source Enterprise is
            to the missions of the elements of the intelligence community
            and the other customers of the Open Source Enterprise;
                (3) enables the Open Source Enterprise to set strategic
            priorities; and
                (4) enables Congress to better oversee the strategic
            direction of the Open Source Enterprise and to provide support
            to the collection and analysis of open-source intelligence.
        (c) Contents.--
                (1) Assessment.--The survey under subsection (a) shall
            include qualitative and quantitative questions designed to
            assess the following:
                        (A) The value of support provided by the Open
                    Source Enterprise to the mission of the customer taking
                    the survey.
                        (B) The accessibility of the products of the Open
                    Source Enterprise.
                        (C) The frequency that such products are used in
                    accomplishing the mission of the customer.
                        (D) The responsiveness of the Open Source
                    Enterprise to tasking requests.
                        (E) Areas in which the Open Source Enterprise could
                    improve.
                        (F) The in-house open-source intelligence
                    capabilities of the customer taking the survey,
                    including--
                                (i) a description of such capabilities;
                                (ii) how such capabilities are tailored to
                            the mission of the customer;
                                (iii) when such capabilities were
                            established; and
                                (iv) whether and to what extent the
                            customer coordinates with the Open Source
                            Enterprise regarding such capabilities.
                (2) Survey answers.--A customer who receives the survey
            under subsection (a) shall make all reasonable efforts to
            respond fully and frankly to the survey.
        (d) Design Methodology.--In carrying out subsection (a), the
    Director of Central Intelligence shall seek advice regarding design
    methodology for customer satisfaction surveys from--
                (1) experts in survey design of the Central Intelligence
            Agency and the Office of the Director of National Intelligence;
            and
                (2) senior executives of the Bureau of Intelligence and
            Research of the Department of State who conduct a survey
            similar to the survey under subsection (a).
        (e) Report.--
                (1) Strategy.--Not later than 180 days after the date on
            which the survey is completed under subsection (a), the
            Director shall submit to the congressional intelligence
            committees a report on the strategic direction of the Open
            Source Enterprise based on the results of the survey, including
            explanations of how the Open Source Enterprise will--
                        (A) build off the successes of the Open Source
                    Enterprise; and
                        (B) fill gaps in the collection, production,
                    analysis, or dissemination of open-source intelligence.
                (2) Form.--The report under paragraph (1) shall be
            submitted in classified form.
                (3) Briefing.--Not later than 30 days after the date on
            which the Director submits to the congressional intelligence
            committees the report under paragraph (1), the Director shall
            provide to such committees a briefing on the strategic
            direction of the Open Source Enterprise.

    SEC. 625. SENSE OF CONGRESS ON REPORT ON MURDER OF JAMAL KHASHOGGI.

        (a) Findings.--Congress finds the following:
                (1) There is a strong bipartisan conviction, shared widely
            throughout the legislative and executive branches of the United
            States Government and elsewhere, that ensuring full
            accountability for the brutal murder on October 2, 2018, of
            Jamal Khashoggi, a former Washington Post columnist and
            resident of the United States, is in the public interest and
            also the national interest of the United States.
                (2) Section 5714 of the Damon Paul Nelson and Matthew Young
            Pollard Intelligence Authorization Act for Fiscal Years 2018,
            2019, and 2020 (division E of Public Law 116-92; 133 Stat.
            2173) required the Director of National Intelligence to submit
            to Congress a written report in ``unclassified form'' that
            includes ``identification of those who carried out,
            participated in, ordered, or were otherwise complicit in or
            responsible for the death of Jamal Khashoggi.''.
                (3) Section 1277 of the National Defense Authorization Act
            for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1701)
            likewise obligated the Director to submit to the Committee on
            Foreign Affairs and the Permanent Select Committee on
            Intelligence of the House of Representatives and the Committee
            on Foreign Relations and the Select Committee on Intelligence
            of the Senate a written report on the assessment of the
            intelligence community regarding Mr. Khashoggi's brutal murder.
                (4) Such section 1277 specifically called, among other
            things, for a determination and presentation of evidence with
            respect to the advance knowledge and role of any current or
            former official of the Government of Saudi Arabia or any
            current or former senior Saudi political figure over the
            directing, ordering, or tampering of evidence in relation to
            Mr. Khashoggi's murder.
                (5) Such section 1277 also required the Director to submit
            a list of foreign persons whom the Director has high confidence
            were responsible for, complicit in, or otherwise knowingly and
            materially assisted the murder, or impeded its impartial
            investigation, or who ordered or otherwise directed an act or
            acts contributing to or causing the murder.
                (6) Contrary to the unambiguous and lawful command of
            Congress under such sections 5714 and 1277, the Director did
            not produce any unclassified report as required by either such
            section, and instead, on February 20, 2020, the Director
            submitted to such committees a classified report, which the
            Director referred to as an ``annex''.
                (7) The evident belief of the Director that no unclassified
            information can be produced in accordance with the directives
            of Congress is dubious, in light of the extensive body of
            credible, unclassified reporting available regarding the murder
            of Mr. Khashoggi, and the roles and culpability of officials at
            the highest levels of the Government of Saudi Arabia.
        (b) Sense of Congress.--It is the sense of Congress that the
    Director of National Intelligence should reasonably have been able to
    produce an unclassified report pursuant to section 5714 of the Damon
    Paul Nelson and Matthew Young Pollard Intelligence Authorization Act
    for Fiscal Years 2018, 2019, and 2020 and section 1277 of the National
    Defense Authorization Act for Fiscal Year 2020 that did not alter or
    obscure, in any way, the intelligence community's core determinations,
    its presentation of evidence, or identification of relevant persons, as
    required, without putting sources and methods at risk.

     DIVISION X--SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE PANDEMIC

    SEC. 1. SHORT TITLE.

        This division may be cited as the ``Supporting Foster Youth and
    Families through the Pandemic Act''.

    SEC. 2. DEFINITIONS.

        In this Act:
                (1) COVID-19 public health emergency.--The term ``COVID-19
            public health emergency'' means the public health emergency
            declared by the Secretary pursuant to section 319 of the Public
            Health Service Act, entitled ``Determination that a Public
            Health Emergency Exists Nationwide as the Result of the 2019
            Novel Coronavirus''.
                (2) COVID-19 public health emergency period.--The term
            ``COVID-19 public health emergency period'' means the period
            beginning on April 1, 2020 and ending with September 30, 2021.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of Health and Human Services.

    SEC. 3. CONTINUED SAFE OPERATION OF CHILD WELFARE PROGRAMS AND SUPPORT
                  FOR OLDER FOSTER YOUTH.

        (a) Funding Increases.--
                (1) Increase in support for chafee programs.--Out of any
            money in the Treasury of the United States not otherwise
            appropriated, there are appropriated $400,000,000 for fiscal
            year 2021, to carry out section 477 of the Social Security Act,
            in addition to any amounts otherwise made available for such
            purpose.
                (2) Education and training vouchers.--Of the amount made
            available by reason of paragraph (1) of this subsection, not
            less than $50,000,000 shall be reserved for the provision of
            vouchers pursuant to section 477(h)(2) of the Social Security
            Act.
                (3) Applicability of technical assistance to additional
            funds.--
                        (A) In general.--Section 477(g)(2) of the Social
                    Security Act shall apply with respect to the amount
                    made available by reason of paragraph (1) of this
                    subsection as if the amount were included in the amount
                    specified in section 477(h) of such Act.
                        (B) Reservation of funds.--
                                (i) In general.--Of the amount to which
                            section 477(g)(2) of the Social Security Act
                            applies by reason of subparagraph (A) of this
                            paragraph, the Secretary shall reserve not less
                            than $500,000 to provide technical assistance
                            to a State implementing or seeking to implement
                            a driving and transportation program for foster
                            youth.
                                (ii) Provider qualifications.--The
                            Secretary shall ensure that the entity
                            providing the assistance has demonstrated the
                            capacity to--
                                        (I) successfully administer
                                    activities in 1 or more States to
                                    provide driver's licenses to youth who
                                    are in foster care under the
                                    responsibility of the State; and
                                        (II) increase the number of such
                                    foster youth who obtain a driver's
                                    license.
                (4) Inapplicability of state matching requirement to
            additional funds.--In making payments under subsections (a)(4)
            and (e)(1) of section 474 of the Social Security Act from the
            additional funds made available as a result of paragraphs (1)
            and (2) of this subsection, the percentages specified in
            subsections (a)(4)(A)(i) and (e)(1) of such section are,
            respectively, deemed to be 100 percent.
                (5) Maximum award amount.--The dollar amount specified in
            section 477(i)(4)(B) of the Social Security Act through the end
            of fiscal year 2022 is deemed to be $12,000.
                (6) Inapplicability of nytd penalty to additional funds.--
            In calculating any penalty under section 477(e)(2) of the
            Social Security Act with respect to the National Youth in
            Transition Database (NYTD) for April 1, 2020, through the end
            of fiscal year 2022, none of the additional funds made
            available by reason of paragraphs (1) and (2) of this
            subsection shall be considered to be part of an allotment to a
            State under section 477(c) of such Act.
        (b) Maximum Age Limitation on Eligibility for Assistance.--During
    fiscal years 2020 and 2021, a child may be eligible for services and
    assistance under section 477 of the Social Security Act until the child
    attains 27 years of age, notwithstanding any contrary certification
    made under such section.
        (c) Special Rule.--With respect to funds made available by reason
    of subsection (a) that are used during the COVID-19 public health
    emergency period to support activities due to the COVID-19 pandemic,
    the Secretary may not require any State to provide proof of a direct
    connection to the pandemic if doing so would be administratively
    burdensome or would otherwise delay or impede the ability of the State
    to serve foster youth.
        (d) Programmatic Flexibilities.--During the COVID-19 public health
    emergency period:
                (1) Suspension of certain requirements under the education
            and training voucher program.--The Secretary shall allow a
            State to waive the applicability of the requirement in section
            477(i)(3) of the Social Security Act that a youth must be
            enrolled in a postsecondary education or training program or
            making satisfactory progress toward completion of that program
            if a youth is unable to do so due to the COVID-19 public health
            emergency.
                (2) Authority to use vouchers to maintain training and
            postsecondary education.--A voucher provided under a State
            educational and training voucher program under section 477(i)
            of the Social Security Act may be used for maintaining training
            and postsecondary education, including less than full-time
            matriculation costs or other expenses that are not part of the
            cost of attendance but would help support youth in remaining
            enrolled as described in paragraph (1) of this subsection.
                (3) Authority to waive limitations on percentage of funds
            used for housing assistance and eligibility for such
            assistance.--Notwithstanding section 477(b)(3)(B) of the Social
            Security Act, a State may use--
                        (A) more than 30 percent of the amounts paid to the
                    State from its allotment under section 477(c)(1) of
                    such Act for a fiscal year, for room or board payments;
                    and
                        (B) any of such amounts for youth otherwise
                    eligible for services under section 477 of such Act
                    who--
                                (i) have attained 18 years of age and not
                            27 years of age; and
                                (ii) experienced foster care at 14 years of
                            age or older.
                (4) Authority to provide driving and transportation
            assistance.--
                        (A) Use of funds.--Funds provided under section 477
                    of the Social Security Act may be used to provide
                    driving and transportation assistance to youth
                    described in paragraph (3)(B) who have attained 15
                    years of age with costs related to obtaining a driver's
                    license and driving lawfully in a State (such as
                    vehicle insurance costs, driver's education class and
                    testing fees, practice lessons, practice hours, license
                    fees, roadside assistance, deductible assistance, and
                    assistance in purchasing an automobile).
                        (B) Maximum allowance.--The amount of the
                    assistance provided for each eligible youth under
                    subparagraph (A) shall not exceed $4,000 per year, and
                    any assistance so provided shall be disregarded for
                    purposes of determining the recipient's eligibility
                    for, and the amount of, any other Federal or federally-
                    supported assistance, except that the State agency
                    shall take appropriate steps to prevent duplication of
                    benefits under this and other Federal or federally-
                    supported programs.
                        (C) Report to the congress.--Within 6 months after
                    the end of the expenditure period, the Secretary shall
                    submit to the Congress a report on the extent to which,
                    and the manner in which, the funds to which subsection
                    (a)(3) applies were used to provide technical
                    assistance to State child welfare programs, monitor
                    State performance and foster youth outcomes, and
                    evaluate program effectiveness.

    SEC. 4. PREVENTING AGING OUT OF FOSTER CARE DURING THE PANDEMIC.

        (a) Addressing Foster Care Age Restrictions During the Pandemic.--A
    State operating a program under part E of title IV of the Social
    Security Act may not require a child who is in foster care under the
    responsibility of the State to leave foster care solely by reason of
    the child's age. A child may not be found ineligible for foster care
    maintenance payments under section 472 of such Act solely due to the
    age of the child or the failure of the child to meet a condition of
    section 475(8)(B)(iv) of such Act before October 1, 2021.
        (b) Re-entry to Foster Care for Youth Who Age Out During the
    Pandemic.--A State operating a program under the State plan approved
    under part E of title IV of the Social Security Act (and without regard
    to whether the State has exercised the option provided by section
    475(8)(B) of such Act to extend assistance under such part to older
    children) shall--
                (1) permit any youth who left foster care due to age during
            the COVID-19 public health emergency to voluntarily re-enter
            foster care;
                (2) provide to each such youth who was formally discharged
            from foster care during the COVID-19 public health emergency, a
            notice designed to make the youth aware of the option to return
            to foster care;
                (3) facilitate the voluntary return of any such youth to
            foster care; and
                (4) conduct a public awareness campaign about the option to
            voluntarily re-enter foster care for youth who have not
            attained 22 years of age, who aged out of foster care in fiscal
            year 2020 or fiscal year 2021, and who are otherwise eligible
            to return to foster care.
        (c) Protections for Youth in Foster Care.--A State operating a
    program under the State plan approved under part E of title IV of the
    Social Security Act shall--
                (1) continue to ensure that the safety, permanence, and
            well-being needs of older foster youth, including youth who
            remain in foster care and youth who age out of foster care
            during that period but who re-enter foster care pursuant to
            this section, are met; and
                (2) work with any youth who remains in foster care after
            attaining 18 years of age (or such greater age as the State may
            have elected under section 475(8)(B)(iii) of such Act) to
            develop, or review and revise, a transition plan consistent
            with the plan referred to in section 475(5)(H) of such Act, and
            assist the youth with identifying adults who can offer
            meaningful, permanent connections.
        (d) Authority to Use Additional Funding for Certain Costs Incurred
    to Prevent Aging Out of, Facilitating Re-entry to, and Protecting Youth
    in Care During the Pandemic.--
                (1) In general.--Subject to paragraph (2) of this
            subsection, a State to which additional funds are made
            available as a result of section 3(a) may use the funds to meet
            any costs incurred in complying with subsections (a), (b), and
            (c) of this section.
                (2) Restrictions.--
                        (A) The costs referred to in paragraph (1) must be
                    incurred after the date of the enactment of this
                    section and before October 1, 2021.
                        (B) The costs of complying with subsection (a) or
                    (c) of this section must not be incurred on behalf of
                    children eligible for foster care maintenance payments
                    under section 472 of the Social Security Act, including
                    youth who have attained 18 years of age who are
                    eligible for the payments by reason of the temporary
                    waiver of the age requirement or the conditions of
                    section 475(8)(B)(iv) of such Act.
                        (C) A State shall make reasonable efforts to ensure
                    that eligibility for foster care maintenance payments
                    under section 472 of the Social Security Act is
                    determined when a youth remains in, or re-enters,
                    foster care as a result of the State complying with
                    subsections (a) and (c) of this section.
                        (D) A child who re-enters care during the COVID-19
                    public health emergency period may not be found
                    ineligible for foster care maintenance payments under
                    section 472 of the Social Security Act solely due to
                    age or the requirements of section 475(8)(B)(iv) of
                    such Act before October 1, 2021.
        (e) Termination of Certain Provisions.--The preceding provisions of
    this section shall have no force or effect after September 30, 2021.

    SEC. 5. FAMILY FIRST PREVENTION SERVICES PROGRAM PANDEMIC FLEXIBILITY.

        During the COVID-19 public health emergency period, each percentage
    specified in subparagraphs (A)(i) and (B) of section 474(a)(6) of the
    Social Security Act is deemed to be 100 percent.

    SEC. 6. EMERGENCY FUNDING FOR THE MARYLEE ALLEN PROMOTING SAFE AND
                  STABLE FAMILIES PROGRAM.

        (a) In General.--Out of any money in the Treasury of the United
    States not otherwise appropriated, there are appropriated $85,000,000
    to carry out section 436(a) of the Social Security Act for fiscal year
    2021, in addition to any amounts otherwise made available for such
    purpose. For purposes of section 436(b) of such Act, the amount made
    available by the preceding sentence shall be considered part of the
    amount specified in such section 436(a).
        (b) Inapplicability of State Matching Requirement to Additional
    Funds.--In making payments under section 434(a) of the Social Security
    Act from the additional funds made available as a result of subsection
    (a) of this section, the percentage specified in section 434(a)(1) of
    such Act is deemed to be 100 percent.

    SEC. 7. COURT IMPROVEMENT PROGRAM.

        (a) Reservation of Funds.--Of the additional amounts made available
    by reason of section 6 of this Act, the Secretary shall reserve
    $10,000,000 for grants under subsection (b) of this section for fiscal
    year 2021, which shall be considered to be made under section 438 of
    the Social Security Act.
        (b) Distribution of Funds.--
                (1) In general.--From the amounts reserved under subsection
            (a) of this section, the Secretary shall--
                        (A) reserve not more than $500,000 for Tribal court
                    improvement activities; and
                        (B) from the amount remaining after the application
                    of subparagraph (A), make a grant to each highest State
                    court that is approved to receive a grant under section
                    438 of the Social Security Act for the purpose
                    described in section 438(a)(3) of such Act, for fiscal
                    year 2021.
                (2) Amount.--The amount of the grant awarded to a highest
            State court under this subsection shall be the sum of--
                        (A) $85,000; and
                        (B) the amount that bears the same ratio to the
                    amount reserved under subsection (a) that remains after
                    the application of paragraph (1)(A) and subparagraph
                    (A) of this paragraph, as the number of individuals in
                    the State in which the court is located who have not
                    attained 21 years of age bears to the total number of
                    such individuals in all States the highest courts of
                    which were awarded a grant under this subsection (based
                    on the most recent year for which data are available
                    from the Bureau of the Census).
                (3) Other rules.--
                        (A) In general.--The grants awarded to the highest
                    State courts under this subsection shall be in addition
                    to any grants made to the courts under section 438 of
                    the Social Security Act for any fiscal year.
                        (B) No additional application.--The Secretary shall
                    award grants to the highest State courts under this
                    subsection without requiring the courts to submit an
                    additional application.
                        (C) Reports.--The Secretary may establish reporting
                    criteria specific to the grants awarded under this
                    subsection.
                        (D) Redistribution of funds.--If a highest State
                    court does not accept a grant awarded under this
                    subsection, or does not agree to comply with any
                    reporting requirements imposed under subparagraph (C)
                    or the use of funds requirements specified in
                    subsection (c), the Secretary shall redistribute the
                    grant funds that would have been awarded to that court
                    under this subsection among the other highest State
                    courts that are awarded grants under this subsection
                    and agree to comply with the reporting and use of funds
                    requirements.
                        (E) No matching requirement.--The limitation on the
                    use of funds specified in section 438(d) of such Act
                    shall not apply to the grants awarded under this
                    section.
        (c) Use of Funds.--A highest State court awarded a grant under
    subsection (b) shall use the grant funds to address needs stemming from
    the COVID-19 public health emergency, which may include any of the
    following:
                (1) Technology investments to facilitate the transition to
            remote hearings for dependency courts when necessary as a
            direct result of the COVID-19 public health emergency.
                (2) Training for judges, attorneys, and caseworkers on
            facilitating and participating in remote hearings that comply
            with due process and all applicable law, ensure child safety
            and well-being, and help inform judicial decision-making.
                (3) Programs to help families address aspects of the case
            plan to avoid delays in legal proceedings that would occur as a
            direct result of the COVID-19 public health emergency.
                (4) Other purposes to assist courts, court personnel, or
            related staff related to the COVID-19 public health emergency.
        (d) Conforming Amendments.--Section 438 of the Social Security Act
    (42 U.S.C. 629h) is amended in each of subsections (c)(1) and (d) by
    striking ``2021'' and inserting ``2022''.

    SEC. 8. KINSHIP NAVIGATOR PROGRAMS PANDEMIC FLEXIBILITY.

        (a) Inapplicability of Matching Funds Requirements.--During the
    COVID-19 public health emergency period, the percentage specified in
    section 474(a)(7) of the Social Security Act is deemed to be 100
    percent.
        (b) Waiver of Evidence Standard.--During the COVID-19 public health
    emergency period, the requirement in section 474(a)(7) of the Social
    Security Act that the Secretary determine that a kinship navigator
    program be operated in accordance with promising, supported, or well-
    supported practices that meet the applicable criteria specified for the
    practices in section 471(e)(4)(C) of such Act shall have no force or
    effect, except that each State with such a program shall provide the
    Secretary with an assurance that the program will be, or is in the
    process of being, evaluated for the purpose of building an evidence
    base to later determine whether the program meets the criteria set
    forth in such section 471(e)(4)(C).
        (c) Other Allowable Uses of Funds.--A State may use funds provided
    to carry out a kinship navigator program--
                (1) for evaluations, independent systematic review, and
            related activities;
                (2) to provide short-term support to kinship families for
            direct services or assistance during the COVID-19 public health
            emergency period; and
                (3) to ensure that kinship caregivers have the information
            and resources to allow kinship families to function at their
            full potential, including--
                        (A) ensuring that those who are at risk of
                    contracting COVID-19 have access to information and
                    resources for necessities, including food, safety
                    supplies, and testing and treatment for COVID-19;
                        (B) access to technology and technological supports
                    needed for remote learning or other activities that
                    must be carried out virtually due to the COVID-19
                    public health emergency;
                        (C) health care and other assistance, including
                    legal assistance and assistance with making alternative
                    care plans for the children in their care if the
                    caregivers were to become unable to continue caring for
                    the children;
                        (D) services to kinship families, including kinship
                    families raising children outside of the foster care
                    system; and
                        (E) assistance to allow children to continue safely
                    living with kin.
        (d) Territory Cap Exemption.--Section 1108(a)(1) of the Social
    Security Act shall be applied without regard to any amount paid to a
    territory pursuant to this section that would not have been paid to the
    territory in the absence of this section.

    SEC. 9. ADJUSTMENT OF FUNDING CERTAINTY BASELINES FOR FAMILY FIRST
                  TRANSITION ACT FUNDING CERTAINTY GRANTS.

        Section 602(c)(2) of division N of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) is amended--
                (1) in subparagraph (C), in the matter preceding clause
            (i), by striking ``The calculation'' and inserting ``Except as
            provided in subparagraph (G), the calculation''; and
                (2) by adding at the end the following:
                        ``(G) Adjustment of funding certainty baselines.--
                                ``(i) Hold harmless for temporary increase
                            in fmap.--For each fiscal year specified in
                            subparagraph (B), the Secretary shall increase
                            the maximum capped allocation for fiscal year
                            2019 or the final cost neutrality limit for
                            fiscal year 2018 for a State or sub-State
                            jurisdiction referred to in subparagraph
                            (A)(i), by the amount equal to the difference
                            between--
                                        ``(I) the amount of the foster care
                                    maintenance payments portion of such
                                    maximum capped allocation or final cost
                                    neutrality limit; and
                                        ``(II) the amount that the foster
                                    care maintenance payments portion of
                                    such maximum capped allocation or final
                                    cost neutrality limit would be if the
                                    Federal medical assistance percentage
                                    applicable to the State under clause
                                    (ii) for the fiscal year so specified
                                    were used to determine the amount of
                                    such portion.
                                ``(ii) Applicable federal medical
                            assistance percentage.--For purposes of clause
                            (i)(II), the Federal medical assistance
                            percentage applicable to a State for a fiscal
                            year specified in subparagraph (B) is the
                            average of the values of the Federal medical
                            assistance percentage applicable to the State
                            in each quarter of such fiscal year under
                            section 474(a)(1) of the Social Security Act
                            (42 U.S.C. 674(a)(1)) after application of any
                            temporary increase in the Federal medical
                            assistance percentage for the State and quarter
                            under section 6008 of the Families First
                            Coronavirus Response Act (42 U.S.C. 1396d note)
                            and any other Federal legislation enacted
                            during the period that begins on July 1, 2020,
                            and ends on December 31, 2021.''.

    SEC. 10. ALLOWING HOME VISITING PROGRAMS TO CONTINUE SERVING FAMILIES
                  SAFELY.

        (a) In General.--For purposes of section 511 of the Social Security
    Act, during the COVID-19 public health emergency period--
                (1) a virtual home visit shall be considered a home visit;
                (2) funding for, and staffing levels of, a program
            conducted pursuant to such section shall not be reduced on
            account of reduced enrollment in the program; and
                (3) funds provided for such a program may be used--
                        (A) to train home visitors in conducting a virtual
                    home visit and in emergency preparedness and response
                    planning for families served, and may include training
                    on how to safely conduct intimate partner violence
                    screenings remotely, training on safety and planning
                    for families served;
                        (B) for the acquisition by families enrolled in the
                    program of such technological means as are needed to
                    conduct and support a virtual home visit; and
                        (C) to provide emergency supplies to families
                    served, regardless of whether the provision of such
                    supplies is within the scope of the approved program,
                    such as diapers, formula, non-perishable food, water,
                    hand soap, and hand sanitizer.
        (b) Virtual Home Visit Defined.--In subsection (a), the term
    ``virtual home visit'' means a home visit, as described in an
    applicable service delivery model, that is conducted solely by the use
    of electronic information and telecommunications technologies.
        (c) Authority to Delay Deadlines.--
                (1) In general.--The Secretary may extend the deadline by
            which a requirement of section 511 of the Social Security Act
            must be met, by such period of time as the Secretary deems
            appropriate, taking into consideration the impact of the COVID-
            19 public health emergency on eligible entity home visiting
            programs and the impact of families enrolled in home visiting
            programs. The Secretary may delay the deadline for submission,
            waive performance measures, or allow for alternative data
            sources to be used to show improvement in performance in the
            manner provided in section 511(d)(1) of such Act.
                (2) Delay of deadline for statewide needs assessment.--The
            Secretary may delay the October 1, 2020, deadline for reviewing
            and updating any needs assessment required by section 511(b)(1)
            or 511(h)(2)(A) of the Social Security Act, but any such delay
            shall not affect the timing for, or amount of, any payment to
            the State involved from the fiscal year allotments available to
            the State under section 502(c) of such Act.
                (3) Guidance.--The Secretary shall provide to eligible
            entities funded under section 511 of the Social Security Act
            information on the parameters used in extending a deadline
            under paragraph (1) or (2) of this subsection.
        (d) Timely Release of Title V Funds.--The authorities provided in
    this section shall not be interpreted to authorize or require any delay
    in the timely release of funds under title V of the Social Security
    Act.

    SEC. 11. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF MEDICAID FMAP.

        Section 6008 of the Families First Coronavirus Response Act (Public
    Law 116-127) is amended by adding at the end the following:
        ``(d) Application to Title IV-E Payments.--If the District of
    Columbia receives the increase described in subsection (a) in the
    Federal medical assistance percentage for the District of Columbia with
    respect to a quarter, the Federal medical assistance percentage for the
    District of Columbia, as so increased, shall apply to payments made to
    the District of Columbia under part E of title IV of the Social
    Security Act (42 U.S.C. 670 et seq.) for that quarter, and the payments
    under such part shall be deemed to be made on the basis of the Federal
    medical assistance percentage applied with respect to such District for
    purposes of title XIX of such Act (42 U.S.C. 1396 et seq.) and as
    increased under subsection (a).''.

                DIVISION Y--AMERICAN MINER BENEFITS IMPROVEMENT

    SEC. 1. SHORT TITLE.

        This division may be cited as the ``American Miner Benefits
    Improvement Act of 2020''.

    SEC. 2. TRANSFERS TO 1974UMWA PENSION PLAN.

        (a) In General.--Section 402(h)(2)(C)(ii) of the Surface Mining
    Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)(ii)) is
    amended--
                (1) by striking ``the Bipartisan American Miners Act of
            2019'' each place it appears and inserting ``the American Miner
            Benefits Improvement Act of 2020'',
                (2) by striking ``or 2019'' in subclause (II) and inserting
            ``2019, or any year thereafter,''
                (3) by inserting before ``; and'' in subclause (II) the
            following: ``(or, in the case of any such health benefits
            confirmed in any bankruptcy proceeding, would be subsequently
            denied or reduced)'', and
                (4) by striking ``January 1, 2019'' in the second sentence
            and inserting ``January 1, 2020''.
        (b) Increase in Limitation to Account for Calculation of Health
    Benefit Plan Excess.--Section 402(i)(3) of such Act (30 U.S.C.
    1232(i)(3)) is amended by adding at the end the following new
    subparagraph:
                        ``(C) Increase in limitation to account for
                    calculation of health benefit plan excess.--The dollar
                    limitation under subparagraph (A) shall be increased by
                    the amount of the cost to provide benefits which are
                    taken into account under subsection (h)(2)(C)(ii)
                    solely by reason of the amendments made by section 2(a)
                    of the American Miner Benefits Improvement Act of
                    2020.''.
        (c) Application.--
                (1) In general.--Except as provided in paragraph (2), the
            amendments made by this section shall take effect on the date
            of the enactment of this Act.
                (2) Subsection (a)(3).--The amendment made by subsection
            (a)(3) shall apply to denials and reductions after December 31,
            2019.

                         DIVISION Z--ENERGY ACT OF 2020

    SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This division may be cited as the ``Energy Act of
    2020''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

                         DIVISION Z--ENERGY ACT OF 2020

    Sec. 101. Short title; table of contents.

                              TITLE I--EFFICIENCY

    Sec. 1001. Coordination of energy retrofitting assistance for schools.
    Sec. 1002. Use of energy and water efficiency measures in Federal
                                buildings.
    Sec. 1003. Energy efficient data centers.
    Sec. 1004. Energy-efficient and energy-saving information technologies.
    Sec. 1005. Extended Product System Rebate Program.
    Sec. 1006. Energy Efficient Transformer Rebate Program.
    Sec. 1007. Smart building acceleration.
    Sec. 1008. Modifications to the ceiling fan energy conservation
                                standard.
    Sec. 1009. Report on electrochromic glass.
    Sec. 1010. Energy and water for sustainability.
    Sec. 1011. Weatherization Assistance Program.
    Sec. 1012. Federal Energy Management Program.
    Sec. 1013. CHP Technical Assistance Partnership Program.
    Sec. 1014. Smart energy water efficiency pilot program.

                               TITLE II--NUCLEAR

    Sec. 2001. Advanced Nuclear Fuel Availability.
    Sec. 2002. Amendments to definitions in Energy Policy Act of 2005.
    Sec. 2003. Nuclear energy research, development, demonstration, and
                                commercial application programs.
    Sec. 2004. High-performance computation collaborative research program.
    Sec. 2005. Nuclear energy budget plan.
    Sec. 2006. Organization and administration of programs.
    Sec. 2007. Extension and expansion of limitations on importation of
                                uranium from Russian Federation.
    Sec. 2008. Fusion energy research.

                    TITLE III--RENEWABLE ENERGY AND STORAGE

             Subtitle A--Renewable Energy Research and Development

    Sec. 3001. Water power research and development.
    Sec. 3002. Advanced geothermal innovation leadership.
    Sec. 3003. Wind energy research and development.
    Sec. 3004. Solar energy research and development.
    Sec. 3005. Hydroelectric production incentives and efficiency
                                improvements.
    Sec. 3006. Conforming amendments.

                    Subtitle B--Natural Resources Provisions

    Sec. 3101. Definitions.
    Sec. 3102. Program to improve eligible project permit coordination.
    Sec. 3103. Increasing economic certainty.
    Sec. 3104. National goal for renewable energy production on Federal
                                land.
    Sec. 3105. Facilitation of coproduction of geothermal energy on oil and
                                gas leases.
    Sec. 3106. Savings clause.

                           Subtitle C--Energy Storage

    Sec. 3201. Better energy storage technology.
    Sec. 3202. Energy storage technology and microgrid assistance program.

                          TITLE IV--CARBON MANAGEMENT

    Sec. 4001. Fossil energy.
    Sec. 4002. Establishment of carbon capture technology program.
    Sec. 4003. Carbon storage validation and testing.
    Sec. 4004. Carbon utilization program.
    Sec. 4005. High efficiency turbines.
    Sec. 4006. National energy technology laboratory reforms.
    Sec. 4007. Study on Blue Hydrogen Technology.
    Sec. 4008. Produced water research and development.

                            TITLE V--CARBON REMOVAL

    Sec. 5001. Carbon removal.
    Sec. 5002. Carbon dioxide removal task force and report.

              TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES

    Sec. 6001. Purpose.
    Sec. 6002. Coordination of research and development of energy efficient
                                technologies for industry.
    Sec. 6003. Industrial emissions reduction technology development
                                program.
    Sec. 6004. Industrial Technology Innovation Advisory Committee.
    Sec. 6005. Technical assistance program to implement industrial
                                emissions reduction.
    Sec. 6006. Development of national smart manufacturing plan.

                          TITLE VII--CRITICAL MINERALS

    Sec. 7001. Rare earth elements.
    Sec. 7002. Mineral security.
    Sec. 7003. Monitoring mineral investments under Belt and Road
                                Initiative of People's Republic of China.

                         TITLE VIII--GRID MODERNIZATION

    Sec. 8001. Smart grid regional demonstration initiative.
    Sec. 8002. Smart grid modeling, visualization, architecture, and
                                controls.
    Sec. 8003. Integrated energy systems.
    Sec. 8004. Grid integration research and development.
    Sec. 8005. Advisory committee.
    Sec. 8006. Coordination of efforts.
    Sec. 8007. Technology demonstration on the distribution grid.
    Sec. 8008. Voluntary model pathways.
    Sec. 8009. Performance metrics for electricity infrastructure
                                providers.
    Sec. 8010. Voluntary State, regional, and local electricity
                                distribution planning.
    Sec. 8011. Micro-grid and integrated micro-grid systems program.
    Sec. 8012. Technical amendments; authorization of appropriations.
    Sec. 8013. Indian energy.
    Sec. 8014. Report on electricity access and reliability.
    Sec. 8015. Net metering study and evaluation.

                   TITLE IX--DEPARTMENT OF ENERGY INNOVATION

    Sec. 9001. Office of technology transitions.
    Sec. 9002. Lab partnering service pilot program.
    Sec. 9003. Technology commercialization fund.
    Sec. 9004. Streamlining prize competitions.
    Sec. 9005. Milestone-based demonstration projects.
    Sec. 9006. Other transaction authority extension.
    Sec. 9007. Technology transfer reports and evaluation.
    Sec. 9008. Veterans' health initiative.
    Sec. 9009. Sustainable Transportation Research and Development.
    Sec. 9010. Loan program office title XVII reform.
    Sec. 9011. Established Program to Stimulate Competitive Research.

                           TITLE X--ARPA-E AMENDMENTS

    Sec. 10001. ARPA-E amendments.

                            TITLE XI--OTHER MATTERS

    Sec. 11001. Low-Dose Radiation Research.
    Sec. 11002. Authorization.
    Sec. 11003. Sense of Congress.
    Sec. 11004. Addressing insufficient compensation of employees and other
                                personnel of the Federal Energy Regulatory
                                Commission.
    Sec. 11005. Report on the authority of the Secretary of Energy to
                                implement flexible compensation models.

                              TITLE I--EFFICIENCY

    SEC. 1001. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.

        (a) Definition of School.--In this section, the term ``school''
    means--
                (1) an elementary school or secondary school (as defined in
            section 8101 of the Elementary and Secondary Education Act of
            1965 (20 U.S.C. 7801));
                (2) an institution of higher education (as defined in
            section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
            1001(a)));
                (3) a postsecondary vocational institution (as defined in
            section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
            1002(c)));
                (4) a school of the defense dependents' education system
            under the Defense Dependents' Education Act of 1978 (20 U.S.C.
            921 et seq.) or established under section 2164 of title 10,
            United States Code;
                (5) a school operated by the Bureau of Indian Education;
                (6) a tribally controlled school (as defined in section
            5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C.
            2511)); and
                (7) a Tribal College or University (as defined in section
            316(b) of the Higher Education Act of 1965 (20 U.S.C.
            1059c(b))).
        (b) Designation of Lead Agency.--The Secretary of Energy (in this
    section referred to as the ``Secretary''), acting through the Office of
    Energy Efficiency and Renewable Energy, shall act as the lead Federal
    agency for coordinating and disseminating information on existing
    Federal programs and assistance that may be used to help initiate,
    develop, and finance energy efficiency, renewable energy, and energy
    retrofitting projects for schools.
        (c) Requirements.--In carrying out coordination and outreach under
    subsection (b), the Secretary shall--
                (1) in consultation and coordination with the appropriate
            Federal agencies, carry out a review of existing programs and
            financing mechanisms (including revolving loan funds and loan
            guarantees) available in or from the Department of Agriculture,
            the Department of Energy, the Department of Education, the
            Department of the Treasury, the Internal Revenue Service, the
            Environmental Protection Agency, and other appropriate Federal
            agencies with jurisdiction over energy financing and
            facilitation that are currently used or may be used to help
            initiate, develop, and finance energy efficiency, renewable
            energy, and energy retrofitting projects for schools;
                (2) establish a Federal cross-departmental collaborative
            coordination, education, and outreach effort to streamline
            communication and promote available Federal opportunities and
            assistance described in paragraph (1), for energy efficiency,
            renewable energy, and energy retrofitting projects that enables
            States, local educational agencies, and schools--
                        (A) to use existing Federal opportunities more
                    effectively; and
                        (B) to form partnerships with Governors, State
                    energy programs, local educational, financial, and
                    energy officials, State and local government officials,
                    nonprofit organizations, and other appropriate
                    entities, to support the initiation of the projects;
                (3) provide technical assistance for States, local
            educational agencies, and schools to help develop and finance
            energy efficiency, renewable energy, and energy retrofitting
            projects--
                        (A) to increase the energy efficiency of buildings
                    or facilities;
                        (B) to install systems that individually generate
                    energy from renewable energy resources;
                        (C) to establish partnerships to leverage economies
                    of scale and additional financing mechanisms available
                    to larger clean energy initiatives; or
                        (D) to promote--
                                (i) the maintenance of health,
                            environmental quality, and safety in schools,
                            including the ambient air quality, through
                            energy efficiency, renewable energy, and energy
                            retrofit projects; and
                                (ii) the achievement of expected energy
                            savings and renewable energy production through
                            proper operations and maintenance practices;
                (4) develop and maintain a single online resource website
            with contact information for relevant technical assistance and
            support staff in the Office of Energy Efficiency and Renewable
            Energy for States, local educational agencies, and schools to
            effectively access and use Federal opportunities and assistance
            described in paragraph (1) to develop energy efficiency,
            renewable energy, and energy retrofitting projects; and
                (5) establish a process for recognition of schools that--
                        (A) have successfully implemented energy
                    efficiency, renewable energy, and energy retrofitting
                    projects; and
                        (B) are willing to serve as resources for other
                    local educational agencies and schools to assist
                    initiation of similar efforts.
        (d) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary shall submit to Congress a report describing
    the implementation of this section.

    SEC. 1002. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL
                  BUILDINGS.

        (a) Reports.--Section 548(b) of the National Energy Conservation
    Policy Act (42 U.S.C. 8258(b)) is amended--
                (1) in paragraph (3), by striking ``and'' at the end;
                (2) in paragraph (4), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(5)(A) the status of the energy savings performance
            contracts and utility energy service contracts of each agency,
            to the extent that the information is not duplicative of
            information provided to the Secretary under a separate
            authority;
                ``(B) the quantity and investment value of the contracts
            for the previous year;
                ``(C) the guaranteed energy savings, or for contracts
            without a guarantee, the estimated energy savings, for the
            previous year, as compared to the measured energy savings for
            the previous year;
                ``(D) a forecast of the estimated quantity and investment
            value of contracts anticipated in the following year for each
            agency; and
                ``(E)(i) a comparison of the information described in
            subparagraph (B) and the forecast described in subparagraph (D)
            in the report of the previous year; and
                ``(ii) if applicable, the reasons for any differences in
            the data compared under clause (i).''.
        (b) Definition of Energy Conservation Measures.--Section 551(4) of
    the National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is
    amended by striking ``or retrofit activities'' and inserting ``retrofit
    activities, or energy consuming devices and required support
    structures''.
        (c) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the
    National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is
    amended--
                (1) in clause (i), by striking ``or'' at the end;
                (2) in clause (ii), by striking the period at the end and
            inserting ``; or''; and
                (3) by adding at the end the following:
                                ``(iii) limit the recognition of operation
                            and maintenance savings associated with systems
                            modernized or replaced with the implementation
                            of energy conservation measures, water
                            conservation measures, or any combination of
                            energy conservation measures and water
                            conservation measures.''.
        (d) Miscellaneous Authority; Excluded Contracts.--Section 801(a)(2)
    of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2))
    is amended by adding at the end the following:
                        ``(H) Miscellaneous authority.--Notwithstanding
                    subtitle I of title 40, United States Code, a Federal
                    agency may accept, retain, sell, or transfer, and apply
                    the proceeds of the sale or transfer of, any energy and
                    water incentive, rebate, grid services revenue, or
                    credit (including a renewable energy certificate) to
                    fund a contract under this title.
                        ``(I) Excluded contracts.--A contract entered into
                    under this title may not be for work performed--
                                ``(i) at a Federal hydroelectric facility
                            that provides power marketed by a Power
                            Marketing Administration; or
                                ``(ii) at a hydroelectric facility owned
                            and operated by the Tennessee Valley Authority
                            established under the Tennessee Valley
                            Authority Act of 1933 (16 U.S.C. 831 et
                            seq.).''.
        (e) Payment of Costs.--Section 802 of the National Energy
    Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and
    related operation and maintenance expenses)'' and inserting ``,
    including related operations and maintenance expenses''.
        (f) Definition of Energy Savings.--Section 804(2) of the National
    Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
                (1) in subparagraph (A), by striking ``federally owned
            building or buildings or other federally owned facilities'' and
            inserting ``Federal building (as defined in section 551)'' each
            place it appears;
                (2) in subparagraph (C), by striking ``; and'' and
            inserting a semicolon;
                (3) in subparagraph (D), by striking the period at the end
            and inserting a semicolon; and
                (4) by adding at the end the following:
                        ``(E) the use, sale, or transfer of any energy and
                    water incentive, rebate, grid services revenue, or
                    credit (including a renewable energy certificate); and
                        ``(F) any revenue generated from a reduction in
                    energy or water use, more efficient waste recycling, or
                    additional energy generated from more efficient
                    equipment.''.
        (g) Energy and Water Conservation Measures.--Section 543 of the
    National Energy Conservation Policy Act (42 U.S.C. 8253) is amended--
                (1) in the section heading, by inserting ``and water''
            after ``energy'';
                (2) in subsection (b)--
                        (A) in the subsection heading, by inserting ``and
                    Water'' after ``Energy''; and
                        (B) by striking paragraphs (1) and (2) and
                    inserting the following:
                ``(1) In general.--Each agency shall--
                        ``(A) not later than October 1, 2022, to the
                    maximum extent practicable, begin installing in Federal
                    buildings owned by the United States all energy and
                    water conservation measures determined by the Secretary
                    to be life cycle cost-effective (as defined in
                    subsection (f)(1)); and
                        ``(B) complete the installation described in
                    subparagraph (A) as soon as practicable after the date
                    referred to in that subparagraph.
                ``(2) Explanation of noncompliance.--
                        ``(A) In general.--If an agency fails to comply
                    with paragraph (1), the agency shall submit to the
                    Secretary, using guidelines developed by the Secretary,
                    an explanation of the reasons for the failure.
                        ``(B) Report to congress.--Not later than January
                    1, 2022, and every 2 years thereafter, the Secretary
                    shall submit to Congress a report that describes any
                    noncompliance by an agency with the requirements of
                    paragraph (1).'';
                (3) in subsection (c)(1)--
                        (A) in subparagraph (A)--
                                (i) in the matter preceding clause (i), by
                            striking ``An agency'' and inserting ``The head
                            of each agency''; and
                                (ii) by inserting ``or water'' after
                            ``energy'' each place it appears; and
                        (B) in subparagraph (B)(i), by inserting ``or
                    water'' after ``energy'';
                (4) in subsection (d)(2), by inserting ``and water'' after
            ``energy'';
                (5) in subsection (e)--
                        (A) in the subsection heading, by inserting ``and
                    Water'' after ``Energy'';
                        (B) in paragraph (1)--
                                (i) in the first sentence--
                                        (I) by striking ``October 1, 2012''
                                    and inserting ``October 1, 2022'';
                                        (II) by inserting ``and water''
                                    after ``energy''; and
                                        (III) by inserting ``and water''
                                    after ``electricity'';
                                (ii) in the second sentence, by inserting
                            ``and water'' after ``electricity''; and
                                (iii) in the fourth sentence, by inserting
                            ``and water'' after ``energy'';
                        (C) in paragraph (2)--
                                (i) in subparagraph (A)--
                                        (I) by striking ``and'' before
                                    ``Federal''; and
                                        (II) by inserting ``and any other
                                    person the Secretary deems necessary,''
                                    before ``shall'';
                                (ii) in subparagraph (B)--
                                        (I) in clause (i)(II), by inserting
                                    ``and water'' after ``energy'' each
                                    place it appears;
                                        (II) in clause (ii), by inserting
                                    ``and water'' after ``energy''; and
                                        (III) in clause (iv), by inserting
                                    ``and water'' after ``energy''; and
                                (iii) by adding at the end the following:
                        ``(C) Update.--Not later than 180 days after the
                    date of enactment of this subparagraph, the Secretary
                    shall update the guidelines established under
                    subparagraph (A) to take into account water efficiency
                    requirements under this section.'';
                        (D) in paragraph (3), in the matter preceding
                    subparagraph (A), by striking ``established under
                    paragraph (2)'' and inserting ``updated under paragraph
                    (2)(C)''; and
                        (E) in paragraph (4)--
                                (i) in subparagraph (A)--
                                        (I) by striking ``this paragraph''
                                    and inserting ``the Energy Act of
                                    2020''; and
                                        (II) by inserting ``and water''
                                    before ``use in''; and
                                (ii) in subparagraph (B)(ii), in the matter
                            preceding subclause (I), by inserting ``and
                            water'' after ``energy''; and
                (6) in subsection (f)--
                        (A) in paragraph (1)--
                                (i) by redesignating subparagraphs (E),
                            (F), and (G) as subparagraphs (F), (G), and
                            (H), respectively; and
                                (ii) by inserting after subparagraph (D)
                            the following:
                        ``(E) Ongoing commissioning.--The term `ongoing
                    commissioning' means an ongoing process of
                    commissioning using monitored data, the primary goal of
                    which is to ensure continuous optimum performance of a
                    facility, in accordance with design or operating needs,
                    over the useful life of the facility, while meeting
                    facility occupancy requirements.'';
                        (B) in paragraph (2)--
                                (i) in subparagraph (A), by inserting ``and
                            water'' before ``use'';
                                (ii) in subparagraph (B)--
                                        (I) by striking ``energy'' before
                                    ``efficiency''; and
                                        (II) by inserting ``or water''
                                    before ``use''; and
                                (iii) by adding at the end the following:
                        ``(C) Energy management system.--An energy manager
                    designated for a facility under subparagraph (A) shall
                    take into consideration--
                                ``(i) the use of a system to manage energy
                            and water use at the facility; and
                                ``(ii) the applicability of the
                            certification of the facility in accordance
                            with the International Organization for
                            Standardization standard numbered 50001 and
                            entitled `Energy Management Systems'.'';
                        (C) by striking paragraphs (3) and (4) and
                    inserting the following:
                ``(3) Energy and water evaluations and commissioning.--
                        ``(A) Evaluations.--Except as provided in
                    subparagraph (B), not later than the date that is 180
                    days after the date of enactment of the Energy Act of
                    2020, and annually thereafter, each energy manager
                    shall complete, for the preceding calendar year, a
                    comprehensive energy and water evaluation and
                    recommissioning or retrocommissioning for approximately
                    25 percent of the facilities of the applicable agency
                    that meet the criteria under paragraph (2)(B) in a
                    manner that ensures that an evaluation of each facility
                    is completed not less frequently than once every 4
                    years.
                        ``(B) Exceptions.--An evaluation and
                    recommissioning or retrocommissioning shall not be
                    required under subparagraph (A) with respect to a
                    facility that, as of the date on which the evaluation
                    and recommissioning or retrocommissioning would occur--
                                ``(i) has had a comprehensive energy and
                            water evaluation during the preceding 8-year
                            period;
                                ``(ii)(I) has been commissioned,
                            recommissioned, or retrocommissioned during the
                            preceding 10-year period; or
                                ``(II) is under ongoing commissioning,
                            recommissioning, or retrocomissioning;
                                ``(iii) has not had a major change in
                            function or use since the previous evaluation
                            and recommissioning or retrocommissioning;
                                ``(iv) has been benchmarked with public
                            disclosure under paragraph (8) during the
                            preceding calendar year; and
                                ``(v)(I) based on the benchmarking
                            described in clause (iv), has achieved at a
                            facility level the most recent cumulative
                            energy savings target under subsection (a)
                            compared to the earlier of--
                                        ``(aa) the date of the most recent
                                    evaluation; or
                                        ``(bb) the date--
                                                ``(AA) of the most recent
                                            commissioning, recommissioning,
                                            or retrocommissioning; or
                                                ``(BB) on which ongoing
                                            commissioning began; or
                                ``(II) has a long-term contract in place
                            guaranteeing energy savings at least as great
                            as the energy savings target under subclause
                            (I).
                ``(4) Implementation of identified energy and water
            efficiency measures.--
                        ``(A) In general.--Not later than 2 years after the
                    date of completion of each evaluation under paragraph
                    (3), each energy manager shall implement any energy- or
                    water-saving measure that--
                                ``(i) the Federal agency identified in the
                            evaluation; and
                                ``(ii) is life cycle cost-effective, as
                            determined by evaluating an individual measure
                            or a bundle of measures with varying paybacks.
                        ``(B) Performance contracting.--Each Federal agency
                    shall use performance contracting to address at least
                    50 percent of the measures identified under
                    subparagraph (A)(i).'';
                        (D) in paragraph (7)(B)(ii)(II), by inserting ``and
                    water'' after ``energy''; and
                        (E) in paragraph (9)(A), in the matter preceding
                    clause (i), by inserting ``and water'' after
                    ``energy''.
        (h) Conforming Amendment.--The table of contents for the National
    Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
    amended by striking the item relating to section 543 and inserting the
    following:

    ``Sec. 543. Energy and water management requirements.''.

    SEC. 1003. ENERGY EFFICIENT DATA CENTERS.

        Section 453 of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17112) is amended--
                (1) in subsection (b)--
                        (A) in paragraph (2)(D)(iv), by striking
                    ``determined by the organization'' and inserting
                    ``proposed by the stakeholders''; and
                        (B) by striking paragraph (3); and
                (2) by striking subsections (c) through (g) and inserting
            the following:
        ``(c) Stakeholder Involvement.--
                ``(1) In general.--The Secretary and the Administrator
            shall carry out subsection (b) in collaboration with the
            information technology industry and other key stakeholders,
            with the goal of producing results that accurately reflect the
            most relevant and useful information.
                ``(2) Considerations.--In carrying out the collaboration
            described in paragraph (1), the Secretary and the Administrator
            shall pay particular attention to organizations that--
                        ``(A) have members with expertise in energy
                    efficiency and in the development, operation, and
                    functionality of data centers, information technology
                    equipment, and software, including representatives of
                    hardware manufacturers, data center operators, and
                    facility managers;
                        ``(B) obtain and address input from the National
                    Laboratories (as that term is defined in section 2 of
                    the Energy Policy Act of 2005 (42 U.S.C. 15801)) or any
                    institution of higher education, research institution,
                    industry association, company, or public interest group
                    with applicable expertise;
                        ``(C) follow--
                                ``(i) commonly accepted procedures for the
                            development of specifications; and
                                ``(ii) accredited standards development
                            processes; or
                        ``(D) have a mission to promote energy efficiency
                    for data centers and information technology.
        ``(d) Measurements and Specifications.--The Secretary and the
    Administrator shall consider and assess the adequacy of the
    specifications, measurements, best practices, and benchmarks described
    in subsection (b) for use by the Federal Energy Management Program, the
    Energy Star Program, and other efficiency programs of the Department of
    Energy or the Environmental Protection Agency.
        ``(e) Study.--
                ``(1) Definition of report.--In this subsection, the term
            `report' means the report of the Lawrence Berkeley National
            Laboratory entitled `United States Data Center Energy Usage
            Report' and dated June 2016, which was prepared as an update to
            the `Report to Congress on Server and Data Center Energy
            Efficiency', published on August 2, 2007, pursuant to section 1
            of Public Law 109-431 (120 Stat. 2920).
                ``(2) Study.--Not later than 4 years after the date of
            enactment of the Energy Act of 2020, the Secretary, in
            collaboration with the Administrator, shall make available to
            the public an update to the report that provides--
                        ``(A) a comparison and gap analysis of the
                    estimates and projections contained in the report with
                    new data regarding the period from 2015 through 2019;
                        ``(B) an analysis considering the impact of
                    information technologies, including virtualization and
                    cloud computing, in the public and private sectors;
                        ``(C) an evaluation of the impact of the
                    combination of cloud platforms, mobile devices, social
                    media, and big data on data center energy usage;
                        ``(D) an evaluation of water usage in data centers
                    and recommendations for reductions in that water usage;
                    and
                        ``(E) updated projections and recommendations for
                    best practices through fiscal year 2025.
        ``(f) Data Center Energy Practitioner Program.--
                ``(1) In general.--The Secretary, in collaboration with key
            stakeholders and the Director of the Office of Management and
            Budget, shall maintain a data center energy practitioner
            program that provides for the certification of energy
            practitioners qualified to evaluate the energy usage and
            efficiency opportunities in federally owned and operated data
            centers.
                ``(2) Evaluations.--Each Federal agency shall consider
            having the data centers of the agency evaluated once every 4
            years by energy practitioners certified pursuant to the
            program, whenever practicable using certified practitioners
            employed by the agency.
        ``(g) Open Data Initiative.--
                ``(1) In general.--The Secretary, in collaboration with key
            stakeholders and the Director of the Office of Management and
            Budget, shall establish an open data initiative relating to
            energy usage at federally owned and operated data centers, with
            the purpose of making the data available and accessible in a
            manner that encourages further data center innovation,
            optimization, and consolidation.
                ``(2) Consideration.--In establishing the initiative under
            paragraph (1), the Secretary shall consider using the online
            Data Center Maturity Model.
        ``(h) International Specifications and Metrics.--The Secretary, in
    collaboration with key stakeholders, shall actively participate in
    efforts to harmonize global specifications and metrics for data center
    energy and water efficiency.
        ``(i) Data Center Utilization Metric.--The Secretary, in
    collaboration with key stakeholders, shall facilitate in the
    development of an efficiency metric that measures the energy efficiency
    of a data center (including equipment and facilities).
        ``(j) Protection of Proprietary Information.--The Secretary and the
    Administrator shall not disclose any proprietary information or trade
    secrets provided by any individual or company for the purposes of
    carrying out this section or the programs and initiatives established
    under this section.''.

    SEC. 1004. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.

        Section 543 of the National Energy Conservation Policy Act (42
    U.S.C. 8253) is amended by adding at the end the following:
        ``(h) Federal Implementation Strategy for Energy-Efficient and
    Energy-Saving Information Technologies.--
                ``(1) Definitions.--In this subsection:
                        ``(A) Director.--The term `Director' means the
                    Director of the Office of Management and Budget.
                        ``(B) Information technology.--The term
                    `information technology' has the meaning given that
                    term in section 11101 of title 40, United States Code.
                ``(2) Development of implementation strategy.--Not later
            than 1 year after the date of enactment of the Energy Act of
            2020, each Federal agency shall coordinate with the Director,
            the Secretary, and the Administrator of the Environmental
            Protection Agency to develop an implementation strategy
            (including best-practices and measurement and verification
            techniques) for the maintenance, purchase, and use by the
            Federal agency of energy-efficient and energy-saving
            information technologies at or for facilities owned and
            operated by the Federal agency, taking into consideration the
            performance goals established under paragraph (4).
                ``(3) Administration.--In developing an implementation
            strategy under paragraph (2), each Federal agency shall
            consider--
                        ``(A) advanced metering infrastructure;
                        ``(B) energy efficient data center strategies and
                    methods of increasing asset and infrastructure
                    utilization;
                        ``(C) advanced power management tools;
                        ``(D) building information modeling, including
                    building energy management;
                        ``(E) secure telework and travel substitution
                    tools; and
                        ``(F) mechanisms to ensure that the agency realizes
                    the energy cost savings of increased efficiency and
                    utilization.
                ``(4) Performance goals.--
                        ``(A) In general.--Not later than 180 days after
                    the date of enactment of the Energy Act of 2020, the
                    Director, in consultation with the Secretary, shall
                    establish performance goals for evaluating the efforts
                    of Federal agencies in improving the maintenance,
                    purchase, and use of energy-efficient and energy-saving
                    information technology at or for facilities owned and
                    operated by the Federal agencies.
                        ``(B) Best practices.--The Chief Information
                    Officers Council established under section 3603 of
                    title 44, United States Code, shall recommend best
                    practices for the attainment of the performance goals
                    established under subparagraph (A), which shall
                    include, to the extent applicable by law, consideration
                    by a Federal agency of the use of--
                                ``(i) energy savings performance
                            contracting; and
                                ``(ii) utility energy services contracting.
                ``(5) Reports.--
                        ``(A) Agency reports.--Each Federal agency shall
                    include in the report of the agency under section 527
                    of the Energy Independence and Security Act of 2007 (42
                    U.S.C. 17143) a description of the efforts and results
                    of the agency under this subsection.
                        ``(B) OMB government efficiency reports and
                    scorecards.--Effective beginning not later than October
                    1, 2022, the Director shall include in the annual
                    report and scorecard of the Director required under
                    section 528 of the Energy Independence and Security Act
                    of 2007 (42 U.S.C. 17144) a description of the efforts
                    and results of Federal agencies under this subsection.
                        ``(C) Use of existing reporting structures.--The
                    Director may require Federal agencies to submit any
                    information required to be submitted under this
                    subsection though reporting structures in use as of the
                    date of enactment of the Energy Act of 2020.''.

    SEC. 1005. EXTENDED PRODUCT SYSTEM REBATE PROGRAM.

        (a) Definitions.--In this section:
                (1) Electric motor.--The term ``electric motor'' has the
            meaning given the term in section 431.12 of title 10, Code of
            Federal Regulations (as in effect on the date of enactment of
            this Act).
                (2) Electronic control.--The term ``electronic control''
            means--
                        (A) a power converter; or
                        (B) a combination of a power circuit and control
                    circuit included on 1 chassis.
                (3) Extended product system.--The term ``extended product
            system'' means an electric motor and any required associated
            electronic control and driven load that--
                        (A) offers variable speed or multispeed operation;
                        (B) offers partial load control that reduces input
                    energy requirements (as measured in kilowatt-hours) as
                    compared to identified base levels set by the Secretary
                    of Energy (in this section referred to as the
                    ``Secretary''); and
                        (C)(i) has greater than 1 horsepower; and
                        (ii) uses an extended product system technology, as
                    determined by the Secretary.
                (4) Qualified extended product system.--
                        (A) In general.--The term ``qualified extended
                    product system'' means an extended product system
                    that--
                                (i) includes an electric motor and an
                            electronic control; and
                                (ii) reduces the input energy (as measured
                            in kilowatt-hours) required to operate the
                            extended product system by not less than 5
                            percent, as compared to identified base levels
                            set by the Secretary.
                        (B) Inclusions.--The term ``qualified extended
                    product system'' includes commercial or industrial
                    machinery or equipment that--
                                (i)(I) did not previously make use of the
                            extended product system prior to the redesign
                            described in subclause (II); and
                                (II) incorporates an extended product
                            system that has greater than 1 horsepower into
                            redesigned machinery or equipment; and
                                (ii) was previously used prior to, and was
                            placed back into service during, calendar year
                            2021 or 2022.
        (b) Establishment.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall establish a program to
    provide rebates for expenditures made by qualified entities for the
    purchase or installation of a qualified extended product system.
        (c) Qualified Entities.--
                (1) Eligibility requirements.--A qualified entity under
            this section shall be--
                        (A) in the case of a qualified extended product
                    system described in subsection (a)(4)(A), the purchaser
                    of the qualified extended product that is installed;
                    and
                        (B) in the case of a qualified extended product
                    system described in subsection (a)(4)(B), the
                    manufacturer of the commercial or industrial machinery
                    or equipment that incorporated the extended product
                    system into that machinery or equipment.
                (2) Application.--To be eligible to receive a rebate under
            this section, a qualified entity shall submit to the
            Secretary--
                        (A) an application in such form, at such time, and
                    containing such information as the Secretary may
                    require; and
                        (B) a certification that includes demonstrated
                    evidence--
                                (i) that the entity is a qualified entity;
                            and
                                (ii)(I) in the case of a qualified entity
                            described in paragraph (1)(A)--
                                        (aa) that the qualified entity
                                    installed the qualified extended
                                    product system during the 2 fiscal
                                    years following the date of enactment
                                    of this Act;
                                        (bb) that the qualified extended
                                    product system meets the requirements
                                    of subsection (a)(4)(A); and
                                        (cc) showing the serial number,
                                    manufacturer, and model number from the
                                    nameplate of the installed motor of the
                                    qualified entity on which the qualified
                                    extended product system was installed;
                                    or
                                (II) in the case of a qualified entity
                            described in paragraph (1)(B), demonstrated
                            evidence--
                                        (aa) that the qualified extended
                                    product system meets the requirements
                                    of subsection (a)(4)(B); and
                                        (bb) showing the serial number,
                                    manufacturer, and model number from the
                                    nameplate of the installed motor of the
                                    qualified entity with which the
                                    extended product system is integrated.
        (d) Authorized Amount of Rebate.--
                (1) In general.--The Secretary may provide to a qualified
            entity a rebate in an amount equal to the product obtained by
            multiplying--
                        (A) an amount equal to the sum of the nameplate
                    rated horsepower of--
                                (i) the electric motor to which the
                            qualified extended product system is attached;
                            and
                                (ii) the electronic control; and
                        (B) $25.
                (2) Maximum aggregate amount.--A qualified entity shall not
            be entitled to aggregate rebates under this section in excess
            of $25,000 per calendar year.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $5,000,000 for each of fiscal
    years 2022 and 2023.

    SEC. 1006. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.

        (a) Definitions.--In this section:
                (1) Qualified energy efficient transformer.--The term
            ``qualified energy efficient transformer'' means a transformer
            that meets or exceeds the applicable energy conservation
            standards described in the tables in subsection (b)(2) and
            paragraphs (1) and (2) of subsection (c) of section 431.196 of
            title 10, Code of Federal Regulations (as in effect on the date
            of enactment of this Act).
                (2) Qualified energy inefficient transformer.--The term
            ``qualified energy inefficient transformer'' means a
            transformer with an equal number of phases and capacity to a
            transformer described in any of the tables in subsection (b)(2)
            and paragraphs (1) and (2) of subsection (c) of section 431.196
            of title 10, Code of Federal Regulations (as in effect on the
            date of enactment of this Act) that--
                        (A) does not meet or exceed the applicable energy
                    conservation standards described in paragraph (1); and
                        (B)(i) was manufactured between January 1, 1987,
                    and December 31, 2008, for a transformer with an equal
                    number of phases and capacity as a transformer
                    described in the table in subsection (b)(2) of section
                    431.196 of title 10, Code of Federal Regulations (as in
                    effect on the date of enactment of this Act); or
                        (ii) was manufactured between January 1, 1992, and
                    December 31, 2011, for a transformer with an equal
                    number of phases and capacity as a transformer
                    described in the table in paragraph (1) or (2) of
                    subsection (c) of that section (as in effect on the
                    date of enactment of this Act).
                (3) Qualified entity.--The term ``qualified entity'' means
            an owner of industrial or manufacturing facilities, commercial
            buildings, or multifamily residential buildings, a utility, or
            an energy service company that fulfills the requirements of
            subsection (c).
        (b) Establishment.--Not later than 90 days after the date of
    enactment of this Act, the Secretary of Energy (in this section
    referred to as the ``Secretary'') shall establish a program to provide
    rebates to qualified entities for expenditures made by the qualified
    entity for the replacement of a qualified energy inefficient
    transformer with a qualified energy efficient transformer.
        (c) Requirements.--To be eligible to receive a rebate under this
    section, an entity shall submit to the Secretary an application in such
    form, at such time, and containing such information as the Secretary
    may require, including demonstrated evidence--
                (1) that the entity purchased a qualified energy efficient
            transformer;
                (2) of the core loss value of the qualified energy
            efficient transformer;
                (3) of the age of the qualified energy inefficient
            transformer being replaced;
                (4) of the core loss value of the qualified energy
            inefficient transformer being replaced--
                        (A) as measured by a qualified professional or
                    verified by the equipment manufacturer, as applicable;
                    or
                        (B) for transformers described in subsection
                    (a)(2)(B)(i), as selected from a table of default
                    values as determined by the Secretary in consultation
                    with applicable industry; and
                (5) that the qualified energy inefficient transformer has
            been permanently decommissioned and scrapped.
        (d) Authorized Amount of Rebate.--The amount of a rebate provided
    under this section shall be--
                (1) for a 3-phase or single-phase transformer with a
            capacity of not less than 10 and not greater than 2,500
            kilovolt-amperes, twice the amount equal to the difference in
            Watts between the core loss value (as measured in accordance
            with paragraphs (2) and (4) of subsection (c)) of--
                        (A) the qualified energy inefficient transformer;
                    and
                        (B) the qualified energy efficient transformer; or
                (2) for a transformer described in subsection (a)(2)(B)(i),
            the amount determined using a table of default rebate values by
            rated transformer output, as measured in kilovolt-amperes, as
            determined by the Secretary in consultation with applicable
            industry.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $5,000,000 for each of fiscal
    years 2022 and 2023.
        (f) Termination of Effectiveness.--The authority provided by this
    section terminates on December 31, 2023.

    SEC. 1007. SMART BUILDING ACCELERATION.

        (a) Definitions.--In this section:
                (1) Department.--The term ``Department'' means the
            Department of Energy.
                (2) Program.--The term ``program'' means the Federal Smart
            Building Program established under subsection (b)(1).
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of Energy.
                (4) Smart building.--The term ``smart building'' means a
            building, or collection of buildings, with an energy system
            that--
                        (A) is flexible and automated;
                        (B) has extensive operational monitoring and
                    communication connectivity, allowing remote monitoring
                    and analysis of all building functions;
                        (C) takes a systems-based approach in integrating
                    the overall building operations for control of energy
                    generation, consumption, and storage;
                        (D) communicates with utilities and other third-
                    party commercial entities, if appropriate;
                        (E) protects the health and safety of occupants and
                    workers; and
                        (F) incorporates cybersecurity best practices.
                (5) Smart building accelerator.--The term ``smart building
            accelerator'' means an initiative that is designed to
            demonstrate specific innovative policies and approaches--
                        (A) with clear goals and a clear timeline; and
                        (B) that, on successful demonstration, would
                    accelerate investment in energy efficiency.
        (b) Federal Smart Building Program.--
                (1) Establishment.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall, in consultation
            with the Administrator of General Services, establish a program
            to be known as the ``Federal Smart Building Program''--
                        (A) to implement smart building technology; and
                        (B) to demonstrate the costs and benefits of smart
                    buildings.
                (2) Selection.--
                        (A) In general.--The Secretary shall coordinate the
                    selection of not fewer than 1 building from among each
                    of several key Federal agencies, as described in
                    paragraph (4), to compose an appropriately diverse set
                    of smart buildings based on size, type, and geographic
                    location.
                        (B) Inclusion of commercially operated buildings.--
                    In making selections under subparagraph (A), the
                    Secretary may include buildings that are owned by the
                    Federal Government but are commercially operated.
                (3) Targets.--Not later than 18 months after the date of
            enactment of this Act, the Secretary shall establish targets
            for the number of smart buildings to be commissioned and
            evaluated by key Federal agencies by 3 years and 6 years after
            the date of enactment of this Act.
                (4) Federal agency described.--The key Federal agencies
            referred to paragraph (2)(A) shall include buildings operated
            by--
                        (A) the Department of the Army;
                        (B) the Department of the Navy;
                        (C) the Department of the Air Force;
                        (D) the Department;
                        (E) the Department of the Interior;
                        (F) the Department of Veterans Affairs; and
                        (G) the General Services Administration.
                (5) Requirement.--In implementing the program, the
            Secretary shall leverage existing financing mechanisms
            including energy savings performance contracts, utility energy
            service contracts, and annual appropriations.
                (6) Evaluation.--Using the guidelines of the Federal Energy
            Management Program relating to whole-building evaluation,
            measurement, and verification, the Secretary shall evaluate the
            costs and benefits of the buildings selected under paragraph
            (2), including an identification of--
                        (A) which advanced building technologies--
                                (i) are most cost-effective; and
                                (ii) show the most promise for--
                                        (I) increasing building energy
                                    savings;
                                        (II) increasing service performance
                                    to building occupants;
                                        (III) reducing environmental
                                    impacts; and
                                        (IV) establishing cybersecurity;
                                    and
                        (B) any other information the Secretary determines
                    to be appropriate.
                (7) Awards.--The Secretary may expand awards made under the
            Federal Energy Management Program and the Better Building
            Challenge to recognize specific agency achievements in
            accelerating the adoption of smart building technologies.
        (c) Survey of Private Sector Smart Buildings.--
                (1) Survey.--The Secretary shall conduct a survey of
            privately owned smart buildings throughout the United States,
            including commercial buildings, laboratory facilities,
            hospitals, multifamily residential buildings, and buildings
            owned by nonprofit organizations and institutions of higher
            education.
                (2) Selection.--From among the smart buildings surveyed
            under paragraph (1), the Secretary shall select not fewer than
            1 building each from an appropriate range of building sizes,
            types, and geographic locations.
                (3) Evaluation.--Using the guidelines of the Federal Energy
            Management Program relating to whole-building evaluation,
            measurement, and verification, the Secretary shall evaluate the
            costs and benefits of the buildings selected under paragraph
            (2), including an identification of--
                        (A) which advanced building technologies and
                    systems--
                                (i) are most cost-effective; and
                                (ii) show the most promise for--
                                        (I) increasing building energy
                                    savings;
                                        (II) increasing service performance
                                    to building occupants;
                                        (III) reducing environmental
                                    impacts; and
                                        (IV) establishing cybersecurity;
                                    and
                        (B) any other information the Secretary determines
                    to be appropriate.
        (d) Better Building Challenge.--As part of the Better Building
    Challenge of the Department, the Secretary, in consultation with major
    private sector property owners, shall develop smart building
    accelerators to demonstrate innovative policies and approaches that
    will accelerate the transition to smart buildings in the public,
    institutional, and commercial buildings sectors.
        (e) Research and Development on Integrating Buildings Onto the
    Electric Grid.--
                (1) In general.--Subtitle B of title IV of the Energy
            Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.)
            is amended by adding at the end the following:

    ``SEC. 426. ADVANCED INTEGRATION OF BUILDINGS ONTO THE ELECTRIC GRID.

        ``(a) In General.--The Secretary shall establish a program of
    research, development, and demonstration to enable components of
    commercial and residential buildings to serve as dynamic energy loads
    on and resources for the electric grid. The program shall focus on--
                ``(1) developing low-cost, low power, wireless sensors to--
                        ``(A) monitor building energy load;
                        ``(B) forecast building energy need; and
                        ``(C) enable building-level energy control;
                ``(2) developing data management capabilities and standard
            communication protocols to further interoperability at the
            building and grid-level;
                ``(3) developing advanced building-level energy management
            of components through integration of smart technologies,
            control systems, and data processing, to enable energy
            efficiency and savings;
                ``(4) optimizing energy consumption at the building level
            to enable grid stability and resilience;
                ``(5) improving visualization of behind the meter equipment
            and technologies to provide better insight into the energy
            needs and energy forecasts of individual buildings;
                ``(6) reducing the cost of key components to accelerate the
            adoption of smart building technologies;
                ``(7) protecting against cybersecurity threats and
            addressing security vulnerabilities of building systems or
            equipment; and
                ``(8) other areas determined appropriate by the Secretary.
        ``(b) Considerations.--In carrying out the program under subsection
    (a), the Secretary shall--
                ``(1) work with utility partners, building owners,
            technology vendors, and building developers to test and
            validate technologies and encourage the commercial application
            of these technologies by building owners; and
                ``(2) consider the specific challenges of enabling greater
            interaction between components of--
                        ``(A) small- and medium-sized buildings and the
                    electric grid; and
                        ``(B) residential and commercial buildings and the
                    electric grid.
        ``(c) Buildings-to-grid Integration Report.--Not later than 1 year
    after the enactment of this section, the Secretary shall submit to the
    Committee on Science, Space, and Technology and the Committee on Energy
    and Commerce of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate a report on the results of a
    study that examines the research, development, and demonstration
    opportunities, challenges, and standards needed to enable components of
    commercial and residential buildings to serve as dynamic energy loads
    on and resources for the electric grid.
                ``(1) Report requirements.--The report shall include--
                        ``(A) an assessment of the technologies needed to
                    enable building components as dynamic loads on and
                    resources for the electric grid, including how such
                    technologies can be--
                                ``(i) incorporated into new commercial and
                            residential buildings; and
                                ``(ii) retrofitted in older buildings;
                        ``(B) guidelines for the design of new buildings
                    and building components to enable modern grid
                    interactivity and improve energy efficiency;
                        ``(C) an assessment of barriers to the adoption by
                    building owners of advanced technologies enabling
                    greater integration of building components onto the
                    electric grid; and
                        ``(D) an assessment of the feasibility of adopting
                    technologies developed under subsection (a) at
                    Department facilities.
                ``(2) Recommendations.--As part of the report, the
            Secretary shall develop a 10-year roadmap to guide the
            research, development, and demonstration program to enable
            components of commercial and residential buildings to serve as
            dynamic energy loads on and resources for the electric grid.
                ``(3) Updates.--The Secretary shall update the report
            required under this section every 3 years for the duration of
            the program under subsection (a) and shall submit the updated
            report to the Committee on Science, Space, and Technology and
            the Committee on Energy and Commerce of the House of
            Representatives and the Committee on Energy and Natural
            Resources of the Senate.
        ``(d) Program Implementation.--In carrying out this section, the
    Secretary shall--
                ``(1) implement the recommendations from the report in
            subsection (c); and
                ``(2) coordinate across all relevant program offices at the
            Department to achieve the goals established in this section,
            including the Office of Electricity.''.
                (2) Conforming amendment.--The table of contents for the
            Energy Independence and Security Act of 2007 is amended by
            adding after the item relating to section 425 the following:

    ``Sec. 426. Advanced integration of buildings onto the electric
                                grid.''.
        (f) Report.--Not later than 2 years after the date of enactment of
    this Act, and every 2 years thereafter until a total of 3 reports have
    been made, the Secretary shall submit to the Committee on Energy and
    Natural Resources of the Senate and the Committee on Energy and
    Commerce and the Committee on Science, Space, and Technology of the
    House of Representatives a report on--
                (1) the establishment of the Federal Smart Building Program
            and the evaluation of Federal smart buildings under subsection
            (b);
                (2) the survey and evaluation of private sector smart
            buildings under subsection (c); and
                (3) any recommendations of the Secretary to further
            accelerate the transition to smart buildings.

    SEC. 1008. MODIFICATIONS TO THE CEILING FAN ENERGY CONSERVATION
                  STANDARD.

        (a) In General.--Section 325(ff)(6) of the Energy Policy and
    Conservation Act (42 U.S.C. 6295(ff)(6)) is amended by adding at the
    end the following:
        ``(C)(i) Large-diameter ceiling fans manufactured on or after
    January 21, 2020, shall--
                ``(I) not be required to meet minimum ceiling fan
            efficiency in terms of ratio of the total airflow to the total
            power consumption as described in the final rule titled `Energy
            Conservation Program: Energy Conservation Standards for Ceiling
            Fans' (82 Fed. Reg. 6826 (January 19, 2017)); and
                ``(II) have a CFEI greater than or equal to--
                        ``(aa) 1.00 at high speed; and
                        ``(bb) 1.31 at 40 percent speed or the nearest
                    speed that is not less than 40 percent speed.
        ``(ii) For purposes of this subparagraph, the term `CFEI' means the
    Fan Energy Index for large-diameter ceiling fans, calculated in
    accordance with ANSI/AMCA Standard 208-18 titled `Calculation of the
    Fan Energy Index', with the following modifications:
                ``(I) Using an Airflow Constant (Q<INF>0</INF>) of 26,500
            cubic feet per minute.
                ``(II) Using a Pressure Constant (P<INF>0</INF>) of 0.0027
            inches water gauge.
                ``(III) Using a Fan Efficiency Constant (h<INF>0</INF>) of
            42 percent.''.
        (b) Revision.--For purposes of section 325(m) of the Energy Policy
    and Conservation Act (42 U.S.C. 6295(m)), the standard established in
    section 325(ff)(6)(C) of such Act (as added by subsection (a) of this
    section) shall be treated as if such standard was issued on January 19,
    2017.

    SEC. 1009. REPORT ON ELECTROCHROMIC GLASS.

        (a) Definition of Electrochromic Glass.--In this section, the term
    ``electrochromic glass'' means glass that uses electricity to change
    the light transmittance properties of the glass to heat or cool a
    structure.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary of Energy, in collaboration with the heads of
    other relevant agencies, shall submit to the Committee on Energy and
    Natural Resources of the Senate and the Committee on Energy and
    Commerce of the House of Representatives a report that addresses the
    benefits of electrochromic glass, including the following:
                (1) Reductions in energy consumption in commercial
            buildings, especially peak cooling load reduction and annual
            energy bill savings.
                (2) Benefits in the workplace, especially visual comfort
            and employee health.
                (3) Benefits of natural light in hospitals for patients and
            staff, especially accelerated patient healing and recovery
            time.

    SEC. 1010. ENERGY AND WATER FOR SUSTAINABILITY.

        (a) Nexus of Energy and Water for Sustainability.--
                (1) Definitions.--In this section:
                        (A) Department.--The term ``Department'' means the
                    Department of Energy.
                        (B) Energy-water nexus.--The term ``energy-water
                    nexus'' means the links between--
                                (i) the water needed to produce fuels,
                            electricity, and other forms of energy; and
                                (ii) the energy needed to transport,
                            reclaim, and treat water and wastewater.
                        (C) Interagency rd&d coordination committee.--The
                    term ``Interagency RD&D Coordination Committee'' means
                    the Interagency RD&D Coordination Committee on the
                    Nexus of Energy and Water for Sustainability (or the
                    ``NEWS RD&D Committee'') established under paragraph
                    (3)(A).
                        (D) Nexus of energy and water sustainability rd&d
                    office; news rd&d office.--The term ``Nexus of Energy
                    and Water Sustainability RD&D Office'' or the ``NEWS
                    RD&D Office'' means an office located at the Department
                    and managed in cooperation with the Department of the
                    Interior pursuant to an agreement between the 2
                    agencies to carry out leadership and administrative
                    functions for the Interagency RD&D Coordination
                    Committee.
                        (E) RD&D.--The term ``RD&D'' means research,
                    development, and demonstration.
                        (F) Secretary.--The term ``Secretary'' means the
                    Secretary of Energy.
                (2) Statement of policy.--Recognizing States' primacy over
            allocation and administration of water resources (except in
            specific instances where preempted under Federal law) and the
            siting of energy infrastructure within State boundaries on non-
            Federal lands, it is the national policy that the Federal
            government, in all energy-water nexus management activities,
            shall maximize coordination and consultation among Federal
            agencies and with State and local governments, and disseminate
            information to the public in the most effective manner.
                (3) Interagency rd&d coordination committee.--
                        (A) Establishment.--Not later than 180 days after
                    the date of enactment of this Act, the Secretary and
                    the Secretary of the Interior shall establish the joint
                    NEWS RD&D Office and Interagency RD&D Coordination
                    Committee on the Nexus of Energy and Water for
                    Sustainability (or the ``NEWS RD&D Committee'') to
                    carry out the duties described in subparagraph (C).
                        (B) Administration.--
                                (i) Chairs.--The Secretary and the
                            Secretary of the Interior shall jointly manage
                            the NEWS RD&D Office and serve as co-chairs of
                            the Interagency RD&D Coordination Committee.
                                (ii) Membership; staffing.--Membership and
                            staffing shall be determined by the co-chairs.
                        (C) Duties.--The Interagency RD&D Coordination
                    Committee shall--
                                (i) serve as a forum for developing common
                            Federal goals and plans on energy-water nexus
                            RD&D activities, in coordination with the
                            National Science and Technology Council;
                                (ii) not later than 1 year after the date
                            of enactment of this Act, and biennially
                            thereafter, issue a strategic plan on energy-
                            water nexus RD&D activities, priorities, and
                            objectives pursuant to subparagraph (D), which
                            shall be developed in consultation with
                            relevant State and local governments;
                                (iii) convene and promote coordination of
                            RD&D activities of relevant Federal departments
                            and agencies on energy-water nexus;
                                (iv)(I) coordinate and develop capabilities
                            and methodologies related to RD&D activities
                            for data collection, data communication
                            protocols (including models and modeling
                            results), data management, and dissemination of
                            validated data and results related to energy-
                            water nexus RD&D activities to requesting
                            Federal departments and agencies; and
                                (II) promote information exchange between
                            Federal departments and agencies--
                                        (aa) to identify and document
                                    Federal and non-Federal RD&D programs
                                    and funding opportunities that support
                                    basic and applied RD&D proposals to
                                    advance energy-water nexus related
                                    science and technologies;
                                        (bb) to leverage existing RD&D
                                    programs by encouraging joint
                                    solicitations, block grants, and
                                    matching programs with non-Federal
                                    entities; and
                                        (cc) to identify opportunities for
                                    domestic and international public-
                                    private partnerships, innovative
                                    financing mechanisms, and information
                                    and data exchange with respect to RD&D
                                    activities;
                                (v) identify ways to leverage existing RD&D
                            programs, including programs at the State and
                            local level;
                                (vi) make publicly available the results of
                            RD&D activities on the energy water nexus;
                                (vii) with regard to RD&D programs,
                            recommend improvements and best practices for
                            the collection and dissemination of federal
                            water use data and the use of monitoring
                            networks; and
                                (viii) promote coordination on RD&D with
                            non-Federal interests by--
                                        (I) consulting with representatives
                                    of research and academic institutions,
                                    State, local, and Tribal governments,
                                    public utility commissions, and
                                    industry, who have expertise in
                                    technologies, technological
                                    innovations, or practices relating to
                                    the energy-water nexus; and
                                        (II) considering conducting
                                    technical workshops.
                        (D) Strategic plan.--In developing the strategic
                    plan pursuant to (C)(ii), the Interagency RD&D
                    Coordination Committee shall--
                                (i) to the maximum extent possible, avoid
                            duplication with other Federal RD&D programs,
                            and projects, including with those of the
                            National Laboratories;
                                (ii) consider inclusion of specific
                            research, development and demonstration needs,
                            including--
                                        (I) innovative practices,
                                    technologies and other advancements
                                    improving water efficiency, treatment,
                                    recovery, or reuse associated with
                                    energy generation, including cooling,
                                    and fuel production;
                                        (II) innovative practices,
                                    technologies and other advancements
                                    associated with energy use in water
                                    collection, supply, delivery,
                                    distribution, treatment, or reuse;
                                        (III) innovative practices,
                                    technologies and other advancements
                                    associated with generation or
                                    production of energy from water or
                                    wastewater systems; and
                                        (IV) modeling and systems analysis
                                    related to energy-water nexus; and
                                (iii) submit the plan to the Committee on
                            Energy and Natural Resources of the Senate and
                            the Committees on Science, Space, and
                            Technology, Energy and Commerce, and Natural
                            Resources of the House of Representatives.
                        (E) Rules of construction.--
                                (i) Nothing in this section grants to the
                            Interagency RD&D Coordination Committee the
                            authority to promulgate regulations or set
                            standards.
                                (ii) Notwithstanding any other provision of
                            law, nothing in this section shall be construed
                            to require State, Tribal, or local governments
                            to take any action that may result in an
                            increased financial burden to such governments.
                        (F) Additional participation.--In developing the
                    strategic plan described in subparagraph (C)(ii), the
                    Secretary shall consult and coordinate with a diverse
                    group of representatives from research and academic
                    institutions, industry, public utility commissions, and
                    State and local governments who have expertise in
                    technologies and practices relating to the energy-water
                    nexus.
                        (G) Review; report.--At the end of the 5-year
                    period beginning on the date on which the Interagency
                    RD&D Coordination Committee and NEWS RD&D Office are
                    established, the NEWS RD&D Office shall--
                                (i) review the activities, relevance, and
                            effectiveness of the Interagency RD&D
                            Coordination Committee; and
                                (ii) submit to the Committee on Energy and
                            Natural Resources of the Senate and the
                            Committees on Science, Space, and Technology,
                            Energy and Commerce, and Natural Resources of
                            the House of Representatives a report that--
                                        (I) describes the results of the
                                    review conducted under clause (i); and
                                        (II) includes a recommendation on
                                    whether the Interagency RD&D
                                    Coordination Committee should continue.
                (4) Crosscut budget.--Not later than 30 days after the
            President submits the budget of the United States Government
            under section 1105 of title 31, United States Code, the co-
            chairs of the Interagency RD&D Coordination Committee (acting
            through the NEWS RD&D Office) shall submit to the Committee on
            Energy and Natural Resources of the Senate and the Committees
            on Science, Space, and Technology, Energy and Commerce, and
            Natural Resources of the House of Representatives, an
            interagency budget crosscut report that displays at the
            program-, project-, and activity-level for each of the Federal
            agencies that carry out or support (including through grants,
            contracts, interagency and intraagency transfers, and multiyear
            and no-year funds) basic and applied RD&D activities to advance
            the energy-water nexus related science and technologies,
            including--
                        (A) the budget proposed in the budget request of
                    the President for the upcoming fiscal year;
                        (B) expenditures and obligations for the prior
                    fiscal year; and
                        (C) estimated expenditures and obligations for the
                    current fiscal year.
                (5) Termination.--
                        (A) In general.--The authority provided to the NEWS
                    RD&D Office and NEWS RD&D Committee under this
                    subsection shall terminate on the date that is 7 years
                    after the date of enactment of this Act.
                        (B) Effect.--The termination of authority under
                    subparagraph (A) shall not affect ongoing interagency
                    planning, coordination, or other RD&D activities
                    relating to the energy-water nexus.
        (b) Integrating Energy and Water Research.--The Secretary shall
    integrate the following considerations into energy RD&D programs and
    projects of the Department by--
                (1) advancing RD&D for energy and energy efficiency
            technologies and practices that meet the objectives of--
                        (A) minimizing freshwater withdrawal and
                    consumption;
                        (B) increasing water use efficiency; and
                        (C) utilizing nontraditional water sources;
                (2) considering the effects climate variability may have on
            water supplies and quality for energy generation and fuel
            production; and
                (3) improving understanding of the energy-water nexus (as
            defined in subsection (a)(1)).
        (c) Additional Activities.--The Secretary may provide for such
    additional RD&D activities as appropriate to integrate the
    considerations described in subsection (b) into the RD&D activities of
    the Department.

    SEC. 1011. WEATHERIZATION ASSISTANCE PROGRAM.

        (a) Reauthorization of Weatherization Assistance Program.--Section
    422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is
    amended by striking paragraphs (1) through (5) and inserting the
    following:
                ``(1) $330,000,000 for fiscal year 2021; and
                ``(2) $350,000,000 for each of fiscal years 2022 through
            2025.''.
        (b) Modernizing the Definition of Weatherization Materials.--
    Section 412(9)(J) of the Energy Conservation and Production Act (42
    U.S.C. 6862(9)(J)) is amended--
                (1) by inserting ``, including renewable energy
            technologies and other advanced technologies,'' after ``devices
            or technologies''; and
                (2) by striking ``, the Secretary of Agriculture, and the
            Director of the Community Services Administration''.
        (c) Consideration of Health Benefits.--Section 413(b) of the Energy
    Conservation and Production Act (42 U.S.C. 6863(b)) is amended--
                (1) in paragraph (3)--
                        (A) by striking ``and with the Director of the
                    Community Services Administration'';
                        (B) by inserting ``and by'' after ``in carrying out
                    this part,''; and
                        (C) by striking ``, and the Director of the
                    Community Services Administration in carrying out
                    weatherization programs under section 222(a)(12) of the
                    Economic Opportunity Act of 1964'';
                (2) by redesignating paragraphs (4) through (6) as
            paragraphs (5) through (7), respectively; and
                (3) by inserting after paragraph (3), the following:
        ``(4) The Secretary may amend the regulations prescribed under
    paragraph (1) to provide that the standards described in paragraph
    (2)(A) take into consideration improvements in the health and safety of
    occupants of dwelling units, and other non-energy benefits, from
    weatherization.''.
        (d) Contractor Optimization.--
                (1) In general.--The Energy Conservation and Production Act
            is amended by inserting after section 414B (42 U.S.C. 6864b)
            the following:

    ``SEC. 414C. CONTRACTOR OPTIMIZATION.

        ``(a) In General.--The Secretary may request that entities
    receiving funding from the Federal Government or from a State through a
    weatherization assistance program under section 413 or section 414
    perform periodic reviews of the use of private contractors in the
    provision of weatherization assistance, and encourage expanded use of
    contractors as appropriate.
        ``(b) Use of Training Funds.--Entities described in subsection (a)
    may use funding described in such subsection to train private, non-
    Federal entities that are contracted to provide weatherization
    assistance under a weatherization program, in accordance with rules
    determined by the Secretary.''.
                (2) Table of contents amendment.--The table of contents for
            the Energy Conservation and Production Act is amended by
            inserting after the item relating to section 414B the
            following:

    ``Sec. 414C. Contractor optimization.''.
        (e) Financial Assistance for Wap Enhancement and Innovation.--
                (1) In general.--The Energy Conservation and Production Act
            is amended by inserting after section 414C (as added by
            subsection (d) of this section) the following:

    ``SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND INNOVATION.

        ``(a) Purposes.--The purposes of this section are--
                ``(1) to expand the number of dwelling units that are
            occupied by low-income persons that receive weatherization
            assistance by making such dwelling units weatherization-ready;
                ``(2) to promote the deployment of renewable energy in
            dwelling units that are occupied by low-income persons;
                ``(3) to ensure healthy indoor environments by enhancing or
            expanding health and safety measures and resources available to
            dwellings that are occupied by low-income persons;
                ``(4) to disseminate new methods and best practices among
            entities providing weatherization assistance; and
                ``(5) to encourage entities providing weatherization
            assistance to hire and retain employees who are individuals--
                        ``(A) from the community in which the assistance is
                    provided; and
                        ``(B) from communities or groups that are
                    underrepresented in the home energy performance
                    workforce, including religious and ethnic minorities,
                    women, veterans, individuals with disabilities, and
                    individuals who are socioeconomically disadvantaged.
        ``(b) Financial Assistance.--The Secretary shall, to the extent
    funds are made available, award financial assistance, on an annual
    basis, through a competitive process to entities receiving funding from
    the Federal Government or from a State, tribal organization, or unit of
    general purpose local government through a weatherization program under
    section 413 or section 414, or to nonprofit entities, to be used by
    such an entity--
                ``(1) with respect to dwelling units that are occupied by
            low-income persons, to--
                        ``(A) implement measures to make such dwelling
                    units weatherization-ready by addressing structural,
                    plumbing, roofing, and electrical issues, environmental
                    hazards, or other measures that the Secretary
                    determines to be appropriate;
                        ``(B) install energy efficiency technologies,
                    including home energy management systems, smart
                    devices, and other technologies the Secretary
                    determines to be appropriate;
                        ``(C) install renewable energy systems (as defined
                    in section 415(c)(6)(A)); and
                        ``(D) implement measures to ensure healthy indoor
                    environments by improving indoor air quality,
                    accessibility, and other healthy homes measures as
                    determined by the Secretary;
                ``(2) to improve the capability of the entity--
                        ``(A) to significantly increase the number of
                    energy retrofits performed by such entity;
                        ``(B) to replicate best practices for work
                    performed pursuant to this section on a larger scale;
                        ``(C) to leverage additional funds to sustain the
                    provision of weatherization assistance and other work
                    performed pursuant to this section after financial
                    assistance awarded under this section is expended; and
                        ``(D) to hire and retain employees who are
                    individuals described subsection (a)(5);
                ``(3) for innovative outreach and education regarding the
            benefits and availability of weatherization assistance and
            other assistance available pursuant to this section;
                ``(4) for quality control of work performed pursuant to
            this section;
                ``(5) for data collection, measurement, and verification
            with respect to such work;
                ``(6) for program monitoring, oversight, evaluation, and
            reporting regarding such work;
                ``(7) for labor, training, and technical assistance
            relating to such work;
                ``(8) for planning, management, and administration (up to a
            maximum of 15 percent of the assistance provided); and
                ``(9) for such other activities as the Secretary determines
            to be appropriate.
        ``(c) Award Factors.--In awarding financial assistance under this
    section, the Secretary shall consider--
                ``(1) the applicant's record of constructing, renovating,
            repairing, or making energy efficient single-family,
            multifamily, or manufactured homes that are occupied by low-
            income persons, either directly or through affiliates,
            chapters, or other partners (using the most recent year for
            which data are available);
                ``(2) the number of dwelling units occupied by low-income
            persons that the applicant has built, renovated, repaired,
            weatherized, or made more energy efficient in the 5 years
            preceding the date of the application;
                ``(3) the qualifications, experience, and past performance
            of the applicant, including experience successfully managing
            and administering Federal funds;
                ``(4) the strength of an applicant's proposal to achieve
            one or more of the purposes under subsection (a);
                ``(5) the extent to which such applicant will utilize
            partnerships and regional coordination to achieve one or more
            of the purposes under subsection (a);
                ``(6) regional and climate zone diversity;
                ``(7) urban, suburban, and rural localities; and
                ``(8) such other factors as the Secretary determines to be
            appropriate.
        ``(d) Applications.--
                ``(1) Administration.--To be eligible for an award of
            financial assistance under this section, an applicant shall
            submit to the Secretary an application in such manner and
            containing such information as the Secretary may require.
                ``(2) Awards.--Subject to the availability of
            appropriations, not later than 270 days after the date of
            enactment of this section, the Secretary shall make a first
            award of financial assistance under this section.
        ``(e) Maximum Amount and Term.--
                ``(1) In general.--The total amount of financial assistance
            awarded to an entity under this section shall not exceed
            $2,000,000.
                ``(2) Technical and training assistance.--The total amount
            of financial assistance awarded to an entity under this section
            shall be reduced by the cost of any technical and training
            assistance provided by the Secretary that relates to such
            financial assistance.
                ``(3) Term.--The term of an award of financial assistance
            under this section shall not exceed 3 years.
                ``(4) Relationship to formula grants.--An entity may use
            financial assistance awarded to such entity under this section
            in conjunction with other financial assistance provided to such
            entity under this part.
        ``(f) Requirements.--Not later than 90 days after the date of
    enactment of this section, the Secretary shall issue requirements to
    implement this section, including, for entities receiving financial
    assistance under this section--
                ``(1) standards for allowable expenditures;
                ``(2) a minimum saving-to-investment ratio; and
                ``(3) standards for--
                        ``(A) training programs;
                        ``(B) energy audits;
                        ``(C) the provision of technical assistance;
                        ``(D) monitoring activities carried out using such
                    financial assistance;
                        ``(E) verification of energy and cost savings;
                        ``(F) liability insurance requirements; and
                        ``(G) recordkeeping and reporting requirements,
                    which shall include reporting to the Office of
                    Weatherization and Intergovernmental Programs of the
                    Department of Energy applicable data on each dwelling
                    unit retrofitted or otherwise assisted pursuant to this
                    section.
        ``(g) Compliance With State and Local Law.--Nothing in this section
    supersedes or otherwise affects any State or local law, to the extent
    that the State or local law contains a requirement that is more
    stringent than the applicable requirement of this section.
        ``(h) Review and Evaluation.--The Secretary shall review and
    evaluate the performance of each entity that receives an award of
    financial assistance under this section (which may include an audit).
        ``(i) Annual Report.--The Secretary shall submit to Congress an
    annual report that provides a description of--
                ``(1) actions taken under this section to achieve the
            purposes of this section; and
                ``(2) accomplishments as a result of such actions,
            including energy and cost savings achieved.
        ``(j) Funding.--
                ``(1) Amounts.--
                        ``(A) In general.--For each of fiscal years 2021
                    through 2025, of the amount made available under
                    section 422 for such fiscal year to carry out the
                    weatherization program under this part (not including
                    any of such amount made available for Department of
                    Energy headquarters training or technical assistance),
                    not more than--
                                ``(i) 2 percent of such amount (if such
                            amount is $225,000,000 or more but less than
                            $260,000,000) may be used to carry out this
                            section;
                                ``(ii) 4 percent of such amount (if such
                            amount is $260,000,000 or more but less than
                            $300,000,000) may be used to carry out this
                            section; and
                                ``(iii) 6 percent of such amount (if such
                            amount is $300,000,000 or more) may be used to
                            carry out this section.
                        ``(B) Minimum.--For each of fiscal years 2021
                    through 2025, if the amount made available under
                    section 422 (not including any of such amount made
                    available for Department of Energy headquarters
                    training or technical assistance) for such fiscal year
                    is less than $225,000,000, no funds shall be made
                    available to carry out this section.
                ``(2) Limitation.--For any fiscal year, the Secretary may
            not use more than $25,000,000 of the amount made available
            under section 422 to carry out this section.
        ``(k) Termination.--The Secretary may not award financial
    assistance under this section after September 30, 2025.''.
                (2) Table of contents.--The table of contents for the
            Energy Conservation and Production Act is amended by inserting
            after the item relating to section 414C the following:

    ``Sec. 414D. Financial assistance for WAP enhancement and
                                innovation.''.
        (f) Hiring.--
                (1) In general.--The Energy Conservation and Production Act
            is amended by inserting after section 414D (as added by
            subsection (e) of this section) the following:

    ``SEC. 414E. HIRING.

        ``The Secretary may, as the Secretary determines appropriate,
    encourage entities receiving funding from the Federal Government or
    from a State through a weatherization program under section 413 or
    section 414, to prioritize the hiring and retention of employees who
    are individuals described in section 414D(a)(5).''.
                (2) Table of contents.--The table of contents for the
            Energy Conservation and Production Act is amended by inserting
            after the item relating to section 414D the following:

    ``Sec. 414E. Hiring.''.
        (g) Increase in Administrative Funds.--Section 415(a)(1) of the
    Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) is
    amended by striking ``10 percent'' and inserting ``15 percent''.
        (h) Amending Re-weatherization Date.--Paragraph (2) of section
    415(c) of the Energy Conservation and Production Act (42 U.S.C.
    6865(c)) is amended to read as follows:
        ``(2) Dwelling units weatherized (including dwelling units
    partially weatherized) under this part, or under other Federal programs
    (in this paragraph referred to as `previous weatherization'), may not
    receive further financial assistance for weatherization under this part
    until the date that is 15 years after the date such previous
    weatherization was completed. This paragraph does not preclude dwelling
    units that have received previous weatherization from receiving
    assistance and services (including the provision of information and
    education to assist with energy management and evaluation of the
    effectiveness of installed weatherization materials) other than
    weatherization under this part or under other Federal programs, or from
    receiving non-Federal assistance for weatherization.''.
        (i) Annual Report.--Section 421 of the Energy Conservation and
    Production Act (42 U.S.C. 6871) is amended by inserting ``the number of
    multifamily buildings in which individual dwelling units were
    weatherized during the previous year, the number of individual dwelling
    units in multifamily buildings weatherized during the previous year,''
    after ``the average size of the dwellings being weatherized,''.
        (j) Report on Waivers.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Energy shall submit to Congress
    a report on the status of any request made after September 30, 2010,
    for a waiver of any requirement under section 200.313 of title 2, Code
    of Federal Regulations, as such requirement applies with respect to the
    weatherization assistance program under part A of title IV of the
    Energy Conservation and Production Act (42 U.S.C. 6861 et seq.),
    including a description of any such waiver that has been granted and
    any such request for a waiver that has been considered but not granted.

    SEC. 1012. FEDERAL ENERGY MANAGEMENT PROGRAM.

        Section 543 of the National Energy Conservation Policy Act (42
    U.S.C. 8253) is further amended by adding at the end the following:
        ``(i) Federal Energy Management Program.--
                ``(1) In general.--The Secretary shall carry out a program,
            to be known as the `Federal Energy Management Program'
            (referred to in this subsection as the `Program'), to
            facilitate the implementation by the Federal Government of
            cost-effective energy and water management and energy-related
            investment practices--
                        ``(A) to coordinate and strengthen Federal energy
                    and water resilience; and
                        ``(B) to promote environmental stewardship.
                ``(2) Federal director.--The Secretary shall appoint an
            individual to serve as the director of the Program (referred to
            in this subsection as the `Federal Director'), which shall be a
            career position in the Senior Executive service, to administer
            the Program.
                ``(3) Program activities.--
                        ``(A) Strategic planning and technical
                    assistance.--In administering the Program, the Federal
                    Director shall--
                                ``(i) provide technical assistance and
                            project implementation support and guidance to
                            agencies to identify, implement, procure, and
                            track energy and water conservation measures
                            required under this Act and under other
                            provisions of law;
                                ``(ii) in coordination with the
                            Administrator of the General Services
                            Administration, establish appropriate
                            procedures, methods, and best practices for use
                            by agencies to select, monitor, and terminate
                            contracts entered into pursuant to a utility
                            incentive program under section 546(c) with
                            utilities;
                                ``(iii) carry out the responsibilities of
                            the Secretary under section 801, as determined
                            appropriate by the Secretary;
                                ``(iv) establish and maintain internet-
                            based information resources and project
                            tracking systems and tools for energy and water
                            management;
                                ``(v) coordinate comprehensive and
                            strategic approaches to energy and water
                            resilience planning for agencies; and
                                ``(vi) establish a recognition program for
                            Federal achievement in energy and water
                            management, energy-related investment
                            practices, environmental stewardship, and other
                            relevant areas, through events such as
                            individual recognition award ceremonies and
                            public announcements.
                        ``(B) Energy and water management and reporting.--
                    In administering the Program, the Federal Director
                    shall--
                                ``(i) track and report on the progress of
                            agencies in meeting the requirements of the
                            agency under this section;
                                ``(ii) make publicly available agency
                            performance data required under--
                                        ``(I) this section and sections
                                    544, 546, 547, and 548; and
                                        ``(II) section 203 of the Energy
                                    Policy Act of 2005 (42 U.S.C. 15852);
                                ``(iii)(I) collect energy and water use and
                            consumption data from each agency; and
                                ``(II) based on that data, submit to each
                            agency a report that will facilitate the energy
                            and water management, energy-related investment
                            practices, and environmental stewardship of the
                            agency in support of Federal goals under this
                            Act and under other provisions of law;
                                ``(iv) carry out the responsibilities of
                            the Secretary under section 305 of the Energy
                            Conservation and Production Act (42 U.S.C.
                            6834);
                                ``(v) in consultation with the
                            Administrator of the General Services
                            Administration, acting through the head of the
                            Office of High-Performance Green Buildings,
                            establish and implement sustainable design
                            principles for Federal facilities; and
                                ``(vi) designate products that meet the
                            highest energy conservation standards for
                            categories not covered under the Energy Star
                            program established under section 324A of the
                            Energy Policy and Conservation Act (42 U.S.C.
                            6294a).
                        ``(C) Federal interagency coordination.--In
                    administering the Program, the Federal Director shall--
                                ``(i) develop and implement accredited
                            training consistent with existing Federal
                            programs and activities--
                                        ``(I) relating to energy and water
                                    use, management, and resilience in
                                    Federal facilities, energy-related
                                    investment practices, and environmental
                                    stewardship; and
                                        ``(II) that includes in-person
                                    training, internet-based programs, and
                                    national in-person training events;
                                ``(ii) carry out the functions of the
                            Secretary with respect to the Interagency
                            Energy Management Task Force under section 547;
                            and
                                ``(iii) report on the implementation of the
                            priorities of the President, including
                            Executive orders, relating to energy and water
                            use in Federal facilities, in coordination
                            with--
                                        ``(I) the Office of Management and
                                    Budget;
                                        ``(II) the Council on Environmental
                                    Quality; and
                                        ``(III) any other entity, as
                                    considered necessary by the Federal
                                    Director.
                        ``(D) Facility and fleet optimization.--In
                    administering the Program, the Federal Director shall
                    develop guidance, supply assistance to, and track the
                    progress of agencies--
                                ``(i) in conducting portfolio-wide facility
                            energy and water resilience planning and
                            project integration;
                                ``(ii) in building new construction and
                            major renovations to meet the sustainable
                            design and energy and water performance
                            standards required under this section;
                                ``(iii) in developing guidelines for--
                                        ``(I) facility commissioning; and
                                        ``(II) facility operations and
                                    maintenance; and
                                ``(iv) in coordination with the
                            Administrator of the General Services
                            Administration, in meeting statutory and agency
                            goals for Federal fleet vehicles.
                ``(4) Management council.--The Federal Director shall
            establish a management council to advise the Federal Director
            that shall--
                        ``(A) convene not less frequently than once every
                    quarter; and
                        ``(B) consist of representatives from--
                                ``(i) the Council on Environmental Quality;
                                ``(ii) the Office of Management and Budget;
                            and
                                ``(iii) the Office of Federal High-
                            Performance Green Buildings in the General
                            Services Administration.
                ``(5) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary to carry out this
            subsection $36,000,000 for each of fiscal years 2021 through
            2025.''.

    SEC. 1013. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.

        (a) In General.--Section 375 of the Energy Policy and Conservation
    Act (42 U.S.C. 6345) is amended to read as follows:

    ``SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.

        ``(a) Renaming.--
                ``(1) In general.--The Clean Energy Application Centers of
            the Department of Energy are redesignated as the CHP Technical
            Assistance Partnership Program (referred to in this section as
            the `Program').
                ``(2) Program description.--The Program shall consist of--
                        ``(A) the 10 regional CHP Technical Assistance
                    Partnerships in existence on the date of enactment of
                    the Energy Act of 2020;
                        ``(B) such other regional CHP Technical Assistance
                    Partnerships as the Secretary may establish with
                    consideration given to establishing such partnerships
                    in rural communities; and
                        ``(C) any supporting technical activities under the
                    Technical Partnership Program of the Advanced
                    Manufacturing Office.
                ``(3) References.--Any reference in any law, rule,
            regulation, or publication to a Combined Heat and Power
            Application Center or a Clean Energy Application Center shall
            be deemed to be a reference to the Program.
        ``(b) CHP Technical Assistance Partnership Program.--
                ``(1) In general.--The Program shall--
                        ``(A) operate programs to encourage deployment of
                    combined heat and power, waste heat to power, and
                    efficient district energy (collectively referred to in
                    this subsection as `CHP') technologies by providing
                    education and outreach to--
                                ``(i) building, industrial, and electric
                            and natural gas utility professionals;
                                ``(ii) State and local policymakers; and
                                ``(iii) other individuals and organizations
                            with an interest in efficient energy use, local
                            or opportunity fuel use, resiliency, or energy
                            security, microgrids, and district energy; and
                        ``(B) provide project specific support to building
                    and industrial professionals through economic and
                    engineering assessments and advisory activities.
                ``(2) Funding for certain activities.--
                        ``(A) In general.--The Program shall make funds
                    available to institutions of higher education, research
                    centers, and other appropriate institutions to ensure
                    the continued operations and effectiveness of the
                    regional CHP Technical Assistance Partnerships.
                        ``(B) Use of funds.--Funds made available under
                    subparagraph (A) may be used--
                                ``(i) to collect and distribute
                            informational materials relevant to
                            manufacturers, commercial buildings,
                            institutional facilities, and Federal sites,
                            including continued support of the mission
                            goals of the Department of Defense, on CHP and
                            microgrid technologies, including continuation
                            and updating of--
                                        ``(I) the CHP installation
                                    database;
                                        ``(II) CHP technology potential
                                    analyses;
                                        ``(III) State CHP resource pages;
                                    and
                                        ``(IV) CHP Technical Assistance
                                    Partnerships websites;
                                ``(ii) to produce and conduct workshops,
                            reports, seminars, internet programs, CHP
                            resiliency resources, and other activities to
                            provide education to end users, regulators, and
                            stakeholders in a manner that leads to the
                            deployment of CHP technologies;
                                ``(iii) to provide or coordinate onsite
                            assessments for sites and enterprises that may
                            consider deployment of CHP technology,
                            including the potential use of biomass CHP
                            systems;
                                ``(iv) to identify candidates for
                            deployment of CHP technologies, hybrid
                            renewable-CHP technologies, biomass CHP,
                            microgrids, and clean energy;
                                ``(v) to provide nonbiased engineering
                            support to sites considering deployment of CHP
                            technologies;
                                ``(vi) to assist organizations and
                            communities, including rural communities,
                            developing clean energy technologies and
                            policies in overcoming barriers to deployment;
                            and
                                ``(vii) to assist companies, communities
                            (including rural communities), and
                            organizations with field validation and
                            performance evaluations of CHP and other clean
                            energy technologies implemented.
                        ``(C) Duration.--The Program shall make funds
                    available under subparagraph (A) for a period of 5
                    years.
        ``(c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $12,000,000 for each of fiscal
    years 2021 through 2025.''.
        (b) Conforming Amendment.--The table of contents of the Energy
    Policy and Conservation Act is amended by striking the item relating to
    section 375 and inserting the following:

    ``375. CHP Technical Assistance Partnership Program.''.

    SEC. 1014. SMART ENERGY WATER EFFICIENCY PILOT PROGRAM.

        (a) Smart Energy and Water Efficiency Pilot Program.--Subtitle A of
    title IX of the Energy Policy Act of 2005 (42 U.S.C. 16191 et seq.) is
    amended by adding at the end the following:

    ``SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.

        ``(a) Definitions.--In this section:
                ``(1) Eligible entity.--The term `eligible entity' means--
                        ``(A) a utility;
                        ``(B) a municipality;
                        ``(C) a water district;
                        ``(D) an Indian Tribe or Alaska Native village; and
                        ``(E) any other authority that provides water,
                    wastewater, or water reuse services.
                ``(2) Smart energy and water efficiency pilot program.--The
            term `smart energy and water efficiency pilot program' or
            `pilot program' means the pilot program established under
            subsection (b).
        ``(b) Smart Energy and Water Efficiency Pilot Program.--
                ``(1) In general.--The Secretary shall establish and carry
            out a smart energy and water efficiency pilot program in
            accordance with this section.
                ``(2) Purpose.--The purpose of the smart energy and water
            efficiency pilot program is to award grants to eligible
            entities to demonstrate unique, advanced, or innovative
            technology-based solutions that will--
                        ``(A) improve the net energy balance of water,
                    wastewater, and water reuse systems;
                        ``(B) improve the net energy balance of water,
                    wastewater, and water reuse systems to help communities
                    across the United States make measurable progress in
                    conserving water, saving energy, and reducing costs;
                        ``(C) support the implementation of innovative and
                    unique processes and the installation of established
                    advanced automated systems that provide real-time data
                    on energy and water; and
                        ``(D) improve energy-water conservation and quality
                    and predictive maintenance through technologies that
                    utilize internet connected technologies, including
                    sensors, intelligent gateways, and security embedded in
                    hardware.
                ``(3) Project selection.--
                        ``(A) In general.--The Secretary shall make
                    competitive, merit-reviewed grants under the pilot
                    program to not less than 3, but not more than 5,
                    eligible entities.
                        ``(B) Selection criteria.--In selecting an eligible
                    entity to receive a grant under the pilot program, the
                    Secretary shall consider--
                                ``(i) energy and cost savings;
                                ``(ii) the uniqueness, commercial
                            viability, and reliability of the technology to
                            be used;
                                ``(iii) the degree to which the project
                            integrates next-generation sensors software,
                            analytics, and management tools;
                                ``(iv) the anticipated cost-effectiveness
                            of the pilot project through measurable energy
                            savings, water savings or reuse, and
                            infrastructure costs averted;
                                ``(v) whether the technology can be
                            deployed in a variety of geographic regions and
                            the degree to which the technology can be
                            implemented in a wide range of applications
                            ranging in scale from small towns to large
                            cities, including Tribal communities;
                                ``(vi) whether the technology has been
                            successfully deployed elsewhere;
                                ``(vii) whether the technology was sourced
                            from a manufacturer based in the United States;
                            and
                                ``(viii) whether the project will be
                            completed in 5 years or less.
                        ``(C) Applications.--
                                ``(i) In general.--Subject to clause (ii),
                            an eligible entity seeking a grant under the
                            pilot program shall submit to the Secretary an
                            application at such time, in such manner, and
                            containing such information as the Secretary
                            determines to be necessary.
                                ``(ii) Contents.--An application under
                            clause (i) shall, at a minimum, include--
                                        ``(I) a description of the project;
                                        ``(II) a description of the
                                    technology to be used in the project;
                                        ``(III) the anticipated results,
                                    including energy and water savings, of
                                    the project;
                                        ``(IV) a comprehensive budget for
                                    the project;
                                        ``(V) the names of the project lead
                                    organization and any partners;
                                        ``(VI) the number of users to be
                                    served by the project;
                                        ``(VII) a description of the ways
                                    in which the proposal would meet
                                    performance measures established by the
                                    Secretary; and
                                        ``(VIII) any other information that
                                    the Secretary determines to be
                                    necessary to complete the review and
                                    selection of a grant recipient.
                ``(4) Administration.--
                        ``(A) In general.--Not later than 1 year after the
                    date of enactment of this section, the Secretary shall
                    select grant recipients under this section.
                        ``(B) Evaluations.--
                                ``(i) Annual evaluations.--The Secretary
                            shall annually carry out an evaluation of each
                            project for which a grant is provided under
                            this section that meets performance measures
                            and benchmarks developed by the Secretary,
                            consistent with the purposes of this section.
                                ``(ii) Requirements.--Consistent with the
                            performance measures and benchmarks developed
                            under clause (i), in carrying out an evaluation
                            under that clause, the Secretary shall--
                                        ``(I) evaluate the progress and
                                    impact of the project; and
                                        ``(II) assess the degree to which
                                    the project is meeting the goals of the
                                    pilot program.
                        ``(C) Technical and policy assistance.--On the
                    request of a grant recipient, the Secretary shall
                    provide technical and policy assistance.
                        ``(D) Best practices.--The Secretary shall make
                    available to the public through the Internet and other
                    means the Secretary considers to be appropriate--
                                ``(i) a copy of each evaluation carried out
                            under subparagraph (B); and
                                ``(ii) a description of any best practices
                            identified by the Secretary as a result of
                            those evaluations.
                        ``(E) Report to congress.--The Secretary shall
                    submit to Congress a report containing the results of
                    each evaluation carried out under subparagraph (B).
        ``(c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $15,000,000, to
    remain available until expended.''.
        (b) Conforming Amendment.--The table of contents of the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by
    inserting after the item relating to section 917 the following:

    ``Sec. 918. Smart energy and water efficiency pilot program.''.

                               TITLE II--NUCLEAR

    SEC. 2001. ADVANCED NUCLEAR FUEL AVAILABILITY.

        (a) Program.--
                (1) Establishment.--The Secretary shall establish and carry
            out, through the Office of Nuclear Energy, a program to support
            the availability of HA-LEU for civilian domestic research,
            development, demonstration, and commercial use.
                (2) Program elements.--In carrying out the program under
            paragraph (1), the Secretary--
                        (A) shall develop, in consultation with the
                    Commission, criticality benchmark data to assist the
                    Commission in--
                                (i) the licensing and regulation of special
                            nuclear material fuel fabrication and
                            enrichment facilities under part 70 of title
                            10, Code of Federal Regulations; and
                                (ii) certification of transportation
                            packages under part 71 of title 10, Code of
                            Federal Regulations;
                        (B) shall conduct research and development, and
                    provide financial assistance to assist commercial
                    entities, to design and license transportation packages
                    for HA-LEU, including canisters for metal, gas, and
                    other HA-LEU compositions;
                        (C) shall, to the extent practicable--
                                (i) by January 1, 2024, support commercial
                            entity submission of such transportation
                            package designs to the Commission for
                            certification by the Commission under part 71
                            of title 10, Code of Federal Regulations; and
                                (ii) encourage the Commission to have such
                            transportation package designs so certified by
                            the Commission within 24 months after receipt
                            of an application;
                        (D) shall consider options for acquiring or
                    providing HA-LEU from a stockpile of uranium owned by
                    the Department, or using enrichment technology, to make
                    available to members of the consortium established
                    pursuant to subparagraph (F) for commercial use or
                    demonstration projects, taking into account cost and
                    amount of time required, and prioritizing methods that
                    would produce usable HA-LEU the quickest, including
                    options for acquiring or providing HA-LEU--
                                (i) that--
                                        (I) directly meets the needs of an
                                    end user; and
                                        (II) has been previously used or
                                    fabricated for another purpose;
                                (ii) that meets the needs of an end user
                            after having radioactive or other contaminants
                            that resulted from a previous use or
                            fabrication of the fuel for research,
                            development, demonstration, or deployment
                            activities of the Department removed;
                                (iii) that is produced from high-enriched
                            uranium that is blended with lower assay
                            uranium to become HA-LEU to meet the needs of
                            an end user;
                                (iv) that is produced by Department
                            research, development, and demonstration
                            activities;
                                (v) that is produced in the United States
                            by--
                                        (I) a United States-owned
                                    commercial entity operating United
                                    States-origin technology;
                                        (II) a United States-owned
                                    commercial entity operating a foreign-
                                    origin technology; or
                                        (III) a foreign-owned entity
                                    operating a foreign-origin technology;
                                (vi) that does not require extraction of
                            uranium or development of uranium from lands
                            managed by the Federal Government, cause harm
                            to the natural or cultural resources of Tribal
                            communities or sovereign Native Nations, or
                            result in degraded ground or surface water
                            quality on publicly managed or privately owned
                            lands; or
                                (vii) that does not negatively impact the
                            availability of HA-LEU by the Department to
                            support the production of medical isotopes,
                            including the medical isotopes defined under
                            the American Medical Isotopes Production Act of
                            2012 (Public Law 112-239; 126 Stat. 2211);
                        (E) not later than 1 year after the date of
                    enactment of this Act, and biennially thereafter, shall
                    conduct a survey of stakeholders to estimate the
                    quantity of HA-LEU necessary for domestic commercial
                    use for each of the 5 subsequent years;
                        (F) shall establish, and from time to time update,
                    a consortium, which may include entities involved in
                    any stage of the nuclear fuel cycle, to partner with
                    the Department to support the availability of HA-LEU
                    for civilian domestic demonstration and commercial use,
                    including by--
                                (i) providing information to the Secretary
                            for purposes of surveys conducted under
                            subparagraph (E);
                                (ii) purchasing HA-LEU made available by
                            the Secretary to members of the consortium for
                            commercial use under the program; and
                                (iii) carrying out demonstration projects
                            using HA-LEU provided by the Secretary under
                            the program;
                        (G) if applicable, shall, prior to acquiring or
                    providing HA-LEU under subparagraph (H), in
                    coordination with the consortium established pursuant
                    to subparagraph (F), develop a schedule for cost
                    recovery of HA-LEU made available to members of the
                    consortium using HA-LEU for commercial use pursuant to
                    subparagraph (H);
                        (H) shall, beginning not later than 3 years after
                    the establishment of a consortium under subparagraph
                    (F), have the capability to acquire or provide HA-LEU,
                    in order to make such HA-LEU available to members of
                    the consortium beginning not later than January 1,
                    2026, in amounts that are consistent, to the extent
                    practicable, with--
                                (i) the quantities estimated under the
                            surveys conducted under subparagraph (E); plus
                                (ii) the quantities necessary for
                            demonstration projects carried out under the
                            program, as determined by the Secretary;
                        (I) shall, for advanced reactor demonstration
                    projects, prioritize the provision of HA-LEU made
                    available under this section through a merit-based,
                    competitive selection process; and
                        (J) shall seek to ensure that the activities
                    carried out under this section do not cause any delay
                    in the progress of any HA-LEU project between private
                    industry and the Department that is underway as of the
                    date of the enactment of this section.
                (3) Applicability of usec privatization act.--
                        (A) Sale or transfer to consortium.--The
                    requirements of section 3112 of the USEC Privatization
                    Act (42 U.S.C. 2297h-10), except for the requirements
                    of subparagraph (A) of section 3112(d)(2), shall not
                    apply to the provision of enrichment services, or the
                    sale or transfer of HA-LEU for commercial use by the
                    Secretary to a member of the consortium under this
                    subsection.
                        (B) Demonstration.--HA-LEU made available to
                    members of the consortium established pursuant to
                    paragraph (2)(F) for demonstration projects shall
                    remain the property of and title will remain with the
                    Department, which shall be responsible for the storage,
                    use, and disposition of all radioactive waste and spent
                    nuclear fuel created by the irradiation, processing, or
                    purification of such uranium, and shall not be subject
                    to the requirements of a sale or transfer of uranium
                    under sections 3112, except for the requirements of
                    subparagraph (A) of section 3112(d)(2), and 3113 of the
                    USEC Privatization Act (42 U.S.C. 2297h-10; 42 U.S.C.
                    2297h-11).
                (4) National security needs.--The Secretary shall only make
            available to a member of the consortium under this section for
            commercial or demonstration project use material that the
            President has determined is not necessary for national security
            needs, provided that this available material shall not include
            any material that the Secretary may determine to be necessary
            for the National Nuclear Security Administration or other
            critical Departmental missions.
                (5) DOE acquisition of ha-leu.--The Secretary may not make
            commitments under this section (including cooperative
            agreements (used in accordance with section 6305 of title 31,
            United States Code), purchase agreements, guarantees, leases,
            service contracts, or any other type of commitment) for the
            purchase or other acquisition of HA-LEU unless--
                        (A) funds are specifically provided for such
                    purposes in advance in subsequent appropriations Acts,
                    and only to the extent that the full extent of
                    anticipated costs stemming from such commitments is
                    recorded as an obligation up front and in full at the
                    time it is made; or
                        (B) such committing agreement includes a clause
                    conditioning the Federal Government's obligation on the
                    availability of future year appropriations.
                (6) Sunset.--The authority of the Secretary to carry out
            the program under this subsection shall expire on the earlier
            of--
                        (A) September 30, 2034; or
                        (B) 90 days after the date on which HA-LEU is
                    available to provide a reliable and adequate supply for
                    civilian domestic advanced nuclear reactors in the
                    commercial market.
                (7) Limitation.--The Secretary shall not barter or
            otherwise sell or transfer uranium in any form in exchange for
            services relating to the final disposition of radioactive waste
            from uranium that is made available under this subsection.
        (b) Reports to Congress.--
                (1) Commission report on necessary regulatory updates.--Not
            later than 12 months after the date of enactment of this Act,
            the Commission shall submit to Congress a report that
            includes--
                        (A) identification of updates to regulations,
                    certifications, and other regulatory policies that the
                    Commission determines are necessary in order for HA-LEU
                    to be commercially available, including--
                                (i) guidance for material control and
                            accountability of special nuclear material;
                                (ii) certifications relating to
                            transportation packaging for HA-LEU; and
                                (iii) licensing of enrichment, conversion,
                            and fuel fabrication facilities for HA-LEU, and
                            associated physical security plans for such
                            facilities;
                        (B) a description of such updates; and
                        (C) a timeline to complete such updates.
                (2) DOE report on program to support the availability of
            ha-leu for civilian domestic demonstration and commercial
            use.--
                        (A) In general.--Not later than 180 days after the
                    date of enactment of this Act, the Secretary shall
                    submit to Congress a report that describes actions
                    proposed to be carried out by the Secretary under the
                    program described in subsection (a)(1).
                        (B) Coordination and stakeholder input.--In
                    developing the report under this paragraph, the
                    Secretary shall consult with--
                                (i) the Commission;
                                (ii) suppliers of medical isotopes that
                            have converted their operations to use HA-LEU;
                                (iii) the National Laboratories;
                                (iv) institutions of higher education;
                                (v) a diverse group of entities from the
                            nuclear energy industry;
                                (vi) a diverse group of technology
                            developers;
                                (vii) experts in nuclear nonproliferation,
                            environmental safety, safeguards and security,
                            and public health and safety; and
                                (viii) members of the consortium created
                            under subsection (a)(2)(F).
                        (C) Cost and schedule estimates.--The report under
                    this paragraph shall include estimated costs, budgets,
                    and timeframes for all activities carried out under
                    this section.
                        (D) Required evaluations.--The report under this
                    paragraph shall evaluate--
                                (i) the actions required to establish and
                            carry out the program under subsection (a)(1)
                            and the cost of such actions, including with
                            respect to--
                                        (I) proposed preliminary terms for
                                    contracting between the Department and
                                    recipients of HA-LEU under the program
                                    (including guidelines defining the
                                    roles and responsibilities between the
                                    Department and the recipient); and
                                        (II) the potential to coordinate
                                    with recipients of HA-LEU under the
                                    program regarding--
                                                (aa) fuel fabrication; and
                                                (bb) fuel transport;
                                (ii) the potential sources and fuel forms
                            available to provide uranium for the program
                            under subsection (a)(1);
                                (iii) options to coordinate the program
                            under subsection (a)(1) with the operation of
                            the versatile, reactor-based fast neutron
                            source under section 959A of the Energy Policy
                            Act of 2005 (as added by section 2003);
                                (iv) the ability of uranium producers to
                            provide materials for advanced nuclear reactor
                            fuel;
                                (v) any associated legal, regulatory, and
                            policy issues that should be addressed to
                            enable--
                                        (I) implementation of the program
                                    under subsection (a)(1); and
                                        (II) the establishment of an
                                    industry capable of providing HA-LEU;
                                    and
                                (vi) any research and development plans to
                            develop criticality benchmark data under
                            subsection (a)(2)(A), if needed.
                (3) Alternate fuels report.--Not later than 180 days after
            the date of enactment of this Act, the Secretary shall, after
            consulting with relevant entities, including National
            Laboratories, institutions of higher education, and technology
            developers, submit to Congress a report identifying any and all
            options for providing nuclear material, containing isotopes
            other than the uranium-235 isotope, such as uranium-233 and
            thorium-232 to be used as fuel for advanced nuclear reactor
            research, development, demonstration, or commercial application
            purposes.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out research, development, demonstration, and
    transportation activities in this section--
                (1) $31,500,000 for fiscal year 2021;
                (2) $33,075,000 for fiscal year 2022;
                (3) $34,728,750 for fiscal year 2023;
                (4) $36,465,188 for fiscal year 2024; and
                (5) $38,288,447 for fiscal year 2025.
        (d) Definitions.--In this section:
                (1) Commission.--The term ``Commission'' means the Nuclear
            Regulatory Commission.
                (2) Demonstration project.--The term ``demonstration
            project'' has the meaning given such term in section 959A of
            the Energy Policy Act of 2005.
                (3) HA-LEU.--The term ``HA-LEU'' means high-assay low-
            enriched uranium.
                (4) High-assay low-enriched uranium.--The term ``high-assay
            low-enriched uranium'' means uranium having an assay greater
            than 5.0 weight percent and less than 20.0 weight percent of
            the uranium-235 isotope.
                (5) High-enriched uranium.--The term ``high-enriched
            uranium'' means uranium with an assay of 20.0 weight percent or
            more of the uranium-235 isotope.
                (6) Secretary.--The term ``Secretary'' means the Secretary
            of Energy.

    SEC. 2002. AMENDMENTS TO DEFINITIONS IN ENERGY POLICY ACT OF 2005.

        Section 951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
    16271(b)(1)) is amended to read as follows:
                ``(1) Advanced nuclear reactor.--The term `advanced nuclear
            reactor' means--
                        ``(A) a nuclear fission reactor, including a
                    prototype plant (as defined in sections 50.2 and 52.1
                    of title 10, Code of Federal Regulations (or successor
                    regulations)), with significant improvements compared
                    to reactors operating on the date of enactment of the
                    Energy Act of 2020, including improvements such as--
                                ``(i) additional inherent safety features;
                                ``(ii) lower waste yields;
                                ``(iii) improved fuel and material
                            performance;
                                ``(iv) increased tolerance to loss of fuel
                            cooling;
                                ``(v) enhanced reliability or improved
                            resilience;
                                ``(vi) increased proliferation resistance;
                                ``(vii) increased thermal efficiency;
                                ``(viii) reduced consumption of cooling
                            water and other environmental impacts;
                                ``(ix) the ability to integrate into
                            electric applications and nonelectric
                            applications;
                                ``(x) modular sizes to allow for deployment
                            that corresponds with the demand for
                            electricity or process heat; and
                                ``(xi) operational flexibility to respond
                            to changes in demand for electricity or process
                            heat and to complement integration with
                            intermittent renewable energy or energy
                            storage; and
                        ``(B) a fusion reactor.''.

    SEC. 2003. NUCLEAR ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
                  COMMERCIAL APPLICATION PROGRAMS.

        (a) Reactor Concepts Research, Development, and Demonstration.--
    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is
    amended to read as follows:

    ``SEC. 952. REACTOR CONCEPTS RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
                  COMMERCIAL APPLICATION.

        ``(a) Sustainability Program for Light Water Reactors.--
                ``(1) In general.--The Secretary shall carry out a program
            of research, development, demonstration, and commercial
            application, including through the use of modeling and
            simulation, to support existing operating nuclear power plants
            which shall address technologies to modernize and improve, with
            respect to such plants--
                        ``(A) reliability;
                        ``(B) capacity;
                        ``(C) component aging;
                        ``(D) safety;
                        ``(E) physical security and security costs;
                        ``(F) plant lifetime;
                        ``(G) operations and maintenance costs, including
                    by utilizing risk-informed systems analysis;
                        ``(H) the ability for plants to operate flexibly;
                        ``(I) nuclear integrated energy system applications
                    described in subsection (c);
                        ``(J) efficiency;
                        ``(K) environmental impacts; and
                        ``(L) resilience.
                ``(2) Authorization of appropriations.--There are
            authorized to be appropriated to the Secretary to carry out the
            program under this subsection $55,000,000 for each of fiscal
            years 2021 through 2025.
                ``(3) Report.--The Secretary shall submit annually a public
            report to the Committee on Science, Space, and Technology of
            the House of Representatives and the Committee on Energy and
            Natural Resources of the Senate documenting funds spent under
            the program that describes program activities, objectives, and
            outcomes, including those that could benefit the entirety of
            the existing reactor fleet, such as with respect to aging
            management and related sustainability concerns, and identifying
            funds awarded to private entities.
        ``(b) Advanced Reactor Technologies.--
                ``(1) In general.--The Secretary shall carry out a program
            of research, development, demonstration, and commercial
            application to support advanced reactor technologies.
                ``(2) Requirements.--In carrying out the program under this
            subsection, the Secretary shall--
                        ``(A) prioritize designs for advanced nuclear
                    reactors that are proliferation resistant and passively
                    safe, including designs that, compared to reactors
                    operating on the date of enactment of the Energy Act of
                    2020--
                                ``(i) are economically competitive with
                            other electric power generation plants;
                                ``(ii) have higher efficiency, lower cost,
                            less environmental impacts, increased
                            resilience, and improved safety;
                                ``(iii) use fuels that are proliferation
                            resistant and have reduced production of high-
                            level waste per unit of output; and
                                ``(iv) use advanced instrumentation and
                            monitoring systems;
                        ``(B) consult with the Nuclear Regulatory
                    Commission on appropriate metrics to consider for the
                    criteria specified in subparagraph (A);
                        ``(C) support research and development to resolve
                    materials challenges relating to extreme environments,
                    including environments that contain high levels of--
                                ``(i) radiation fluence;
                                ``(ii) temperature;
                                ``(iii) pressure; and
                                ``(iv) corrosion;
                        ``(D) support research and development to aid in
                    the qualification of advanced fuels, including
                    fabrication techniques;
                        ``(E) support activities that address near-term
                    challenges in modeling and simulation to enable
                    accelerated design of and licensing of advanced nuclear
                    reactors, including the identification of tools and
                    methodologies for validating such modeling and
                    simulation efforts;
                        ``(F) develop technologies, including technologies
                    to manage, reduce, or reuse nuclear waste;
                        ``(G) ensure that nuclear research infrastructure
                    is maintained or constructed, including--
                                ``(i) currently operational research
                            reactors at the National Laboratories and
                            institutions of higher education;
                                ``(ii) hot cell research facilities;
                                ``(iii) a versatile fast neutron source;
                            and
                                ``(iv) advanced coolant testing facilities,
                            including coolants such as lead, sodium, gas,
                            and molten salt;
                        ``(H) improve scientific understanding of nonlight
                    water coolant physics and chemistry;
                        ``(I) develop advanced sensors and control systems,
                    including the identification of tools and methodologies
                    for validating such sensors and systems;
                        ``(J) investigate advanced manufacturing and
                    advanced construction techniques and materials to
                    reduce the cost of advanced nuclear reactors, including
                    the use of digital twins and of strategies to implement
                    project and construction management best practices, and
                    study the effects of radiation and corrosion on
                    materials created with these techniques;
                        ``(K) consult with the Administrator of the
                    National Nuclear Security Administration to integrate
                    reactor safeguards and security into design;
                        ``(L) support efforts to reduce any technical
                    barriers that would prevent commercial application of
                    advanced nuclear energy systems; and
                        ``(M) develop various safety analyses and emergency
                    preparedness and response methodologies.
                ``(3) Coordination.--The Secretary shall coordinate with
            individuals engaged in the private sector and individuals who
            are experts in nuclear nonproliferation, environmental and
            public health and safety, and economics to advance the
            development of various designs of advanced nuclear reactors. In
            carrying out this paragraph, the Secretary shall convene an
            advisory committee of such individuals and such committee shall
            submit annually a report to the relevant committees of Congress
            with respect to the progress of the program.
                ``(4) Authorization of appropriations.--There are
            authorized to be appropriated to the Secretary to carry out the
            program under this subsection $55,000,000 for each of fiscal
            years 2021 through 2025.
        ``(c) Nuclear Integrated Energy Systems Research, Development,
    Demonstration, and Commercial Application Program.--
                ``(1) In general.--The Secretary shall carry out a program
            of research, development, demonstration, and commercial
            application to develop nuclear integrated energy systems,
            composed of 2 or more co-located or jointly operated subsystems
            of energy generation, energy storage, or other technologies and
            in which not less than 1 such subsystem is a nuclear energy
            system, to--
                        ``(A) reduce greenhouse gas emissions in both the
                    power and nonpower sectors; and
                        ``(B) maximize energy production and efficiency.
                ``(2) Coordination.--In carrying out the program under
            paragraph (1), the Secretary shall coordinate with--
                        ``(A) relevant program offices within the
                    Department of Energy;
                        ``(B) National Laboratories;
                        ``(C) institutions of higher education; and
                        ``(D) the private sector.
                ``(3) Focus areas.--The program under paragraph (1) may
            include research, development, demonstration, or commercial
            application of nuclear integrated energy systems with respect
            to--
                        ``(A) desalination technologies and processes;
                        ``(B) hydrogen or other liquid and gaseous fuel or
                    chemical production;
                        ``(C) heat for industrial processes;
                        ``(D) district heating;
                        ``(E) heat or electricity generation and storage;
                        ``(F) carbon capture, use, utilization, and
                    storage;
                        ``(G) microgrid or island applications;
                        ``(H) integrated systems modeling, analysis, and
                    optimization, inclusive of different configurations of
                    integrated energy systems; and
                        ``(I) integrated design, planning, building, and
                    operation of systems with existing infrastructure,
                    including interconnection requirements with the
                    electric grid, as appropriate.
                ``(4) Authorization of appropriations.--There are
            authorized to be appropriated to the Secretary to carry out the
            program under this subsection--
                        ``(A) $20,000,000 for fiscal year 2021;
                        ``(B) $30,000,000 for fiscal year 2022;
                        ``(C) $30,000,000 for fiscal year 2023;
                        ``(D) $40,000,000 for fiscal year 2024; and
                        ``(E) $40,000,000 for fiscal year 2025.''.
        (b) Fuel Cycle Research and Development.--Section 953 of the Energy
    Policy Act of 2005 (42 U.S.C. 16273) is amended to read as follows:

    ``SEC. 953. FUEL CYCLE RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
                  COMMERCIAL APPLICATION.

        ``(a) Used Nuclear Fuel Research, Development, Demonstration, and
    Commercial Application.--
                ``(1) In general.--The Secretary shall conduct an advanced
            fuel cycle research, development, demonstration, and commercial
            application program to improve fuel cycle performance, minimize
            environmental and public health and safety impacts, and support
            a variety of options for used nuclear fuel storage, use, and
            disposal, including advanced nuclear reactor and non-reactor
            concepts (such as radioisotope power systems), which may
            include--
                        ``(A) dry cask storage;
                        ``(B) consolidated interim storage;
                        ``(C) deep geological storage and disposal,
                    including mined repository, and other technologies;
                        ``(D) used nuclear fuel transportation;
                        ``(E) integrated waste management systems;
                        ``(F) vitrification;
                        ``(G) fuel recycling and transmutation
                    technologies, including advanced reprocessing
                    technologies such as electrochemical and molten salt
                    technologies, and advanced redox extraction
                    technologies;
                        ``(H) advanced materials to be used in
                    subparagraphs (A) through (G); and
                        ``(I) other areas as determined by the Secretary.
                ``(2) Requirements.--In carrying out the program under this
            subsection, the Secretary shall--
                        ``(A) ensure all activities and designs incorporate
                    state of the art safeguards technologies and techniques
                    to reduce risk of proliferation;
                        ``(B) consult with the Administrator of the
                    National Nuclear Security Administration to integrate
                    safeguards and security by design;
                        ``(C) consider the potential benefits and other
                    impacts of those activities for civilian nuclear
                    applications, environmental health and safety, and
                    national security, including consideration of public
                    consent; and
                        ``(D) consider the economic viability of all
                    activities and designs.
                ``(3) Authorization of appropriations.--There are
            authorized to be appropriated to the Secretary to carry out the
            program under this subsection $60,000,000 for each of fiscal
            years 2021 through 2025.
        ``(b) Advanced Fuels.--
                ``(1) In general.--The Secretary shall conduct an advanced
            fuels research, development, demonstration, and commercial
            application program on next-generation light water reactor and
            advanced reactor fuels that demonstrate the potential for
            improved--
                        ``(A) performance;
                        ``(B) accident tolerance;
                        ``(C) proliferation resistance;
                        ``(D) use of resources;
                        ``(E) environmental impact; and
                        ``(F) economics.
                ``(2) Requirements.--In carrying out the program under this
            subsection, the Secretary shall focus on the development of
            advanced technology fuels, including fabrication techniques,
            that offer improved accident-tolerance and economic performance
            with the goal of initial commercial application by December 31,
            2025.
                ``(3) Report.--Not later than 180 days after the date of
            enactment of this section, the Secretary shall submit to the
            Committee on Science, Space, and Technology of the House of
            Representatives and the Committee on Energy and Natural
            Resources of the Senate a report that describes how the
            technologies and concepts studied under this program would
            impact reactor economics, the fuel cycle, operations, safety,
            proliferation, and the environment.
                ``(4) Authorization of appropriations.--There are
            authorized to be appropriated to the Secretary to carry out the
            program under this subsection $125,000,000 for each of fiscal
            years 2021 through 2025.''.
        (c) Nuclear Science and Engineering Support.--Section 954 of the
    Energy Policy Act of 2005 (42 U.S.C. 16274) is amended--
                (1) in the section heading, by striking ``university
            nuclear'' and inserting ``nuclear'';
                (2) in subsection (b)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``this section'' and inserting ``this
                    subsection''; and
                        (B) by redesignating paragraphs (1) through (5) as
                    subparagraphs (A) through (E), respectively, and
                    indenting appropriately;
                (3) in subsection (c), by redesignating paragraphs (1) and
            (2) as subparagraphs (A) and (B), respectively, and indenting
            appropriately;
                (4) in subsection (d)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``this section'' and inserting ``this
                    subsection''; and
                        (B) by redesignating paragraphs (1) through (4) as
                    subparagraphs (A) through (D), respectively, and
                    indenting appropriately;
                (5) in subsection (e), by striking ``this section'' and
            inserting ``this subsection'';
                (6) in subsection (f)--
                        (A) by striking ``this section'' and inserting
                    ``this subsection''; and
                        (B) by striking ``subsection (b)(2)'' and inserting
                    ``paragraph (2)(B)'';
                (7) by redesignating subsections (a) through (d) as
            paragraphs (1) through (4), respectively, and indenting
            appropriately;
                (8) by redesignating subsections (e) and (f) as paragraphs
            (7) and (8), respectively;
                (9) by inserting after paragraph (4) (as so redesignated)
            the following:
                ``(5) Radiological facilities management.--
                        ``(A) In general.--The Secretary shall carry out a
                    program under which the Secretary shall provide project
                    management, technical support, quality engineering and
                    inspection, and nuclear material handling support to
                    research reactors located at universities.
                        ``(B) Authorization of appropriations.--Of any
                    amounts appropriated to carry out the program under
                    this subsection, there are authorized to be
                    appropriated to the Secretary to carry out the program
                    under this paragraph $20,000,000 for each of fiscal
                    years 2021 through 2025.
                ``(6) Nuclear energy university program.--In carrying out
            the programs under this section, the Department shall, to the
            maximum extent practicable, allocate 20 percent of funds
            appropriated to nuclear energy research and development
            programs annually to fund university-led research and
            university infrastructure projects through an open, competitive
            solicitation process.'';
                (10) by inserting before paragraph (1) (as so redesignated)
            the following:
        ``(a) University Nuclear Science and Engineering Support.--''; and
                (11) by adding at the end the following:
        ``(b) Nuclear Energy Graduate Traineeship Subprogram.--
                ``(1) Establishment.--In carrying out the program under
            subsection (a), the Secretary shall establish a nuclear energy
            graduate traineeship subprogram under which the Secretary shall
            competitively award graduate traineeships in coordination with
            universities to provide focused, advanced training to meet
            critical mission needs of the Department, including in
            industries that are represented by skilled labor unions.
                ``(2) Requirements.--In carrying out the subprogram under
            this subsection, the Secretary shall--
                        ``(A) encourage appropriate partnerships among
                    National Laboratories, affected universities, and
                    industry; and
                        ``(B) on an annual basis, evaluate the needs of the
                    nuclear energy community to implement graduate
                    traineeships for focused topical areas addressing
                    mission-specific workforce needs.
                ``(3) Authorization of appropriations.--There are
            authorized to be appropriated to the Secretary to carry out the
            subprogram under this subsection $5,000,000 for each of fiscal
            years 2021 through 2025.''.
        (d) Conforming Amendment.--The table of contents of the Energy
    Policy Act of 2005 (Public Law 109- 58; 119 Stat. 600) is amended by
    striking the items relating to sections 952 through 954 and inserting
    the following:

    ``Sec. 952. Reactor concepts research, development, demonstration, and
                                commercial application.
    ``Sec. 953. Fuel cycle research, development, demonstration, and
                                commercial application.
    ``Sec. 954. Nuclear science and engineering support.''.
        (e) University Nuclear Leadership Program.--Section 313 of the
    Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), is amended to read
    as follows:

    ``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.

        ``(a) In General.--The Secretary of Energy, the Administrator of
    the National Nuclear Security Administration, and the Chairman of the
    Nuclear Regulatory Commission shall jointly establish a program, to be
    known as the `University Nuclear Leadership Program'.
        ``(b) Use of Funds.--
                ``(1) In general.--Except as provided in paragraph (2),
            amounts made available to carry out the Program shall be used
            to provide financial assistance for scholarships, fellowships,
            and research and development projects at institutions of higher
            education in areas relevant to the programmatic mission of the
            applicable Federal agency, with an emphasis on providing the
            financial assistance with respect to research, development,
            demonstration, and commercial application activities relevant
            to civilian advanced nuclear reactors including, but not
            limited to--
                        ``(A) relevant fuel cycle technologies;
                        ``(B) project management; and
                        ``(C) advanced construction, manufacturing, and
                    fabrication methods.
                ``(2) Exception.--Notwithstanding paragraph (1), amounts
            made available to carry out the Program may be used to provide
            financial assistance for a scholarship, fellowship, or
            multiyear research and development project that does not align
            directly with a programmatic mission of the Department of
            Energy, if the activity for which assistance is provided would
            facilitate the maintenance of the discipline of nuclear science
            or engineering.
        ``(c) Definitions.--In this section:
                ``(1) Advanced nuclear reactor; institution of higher
            education.--The terms `advanced nuclear reactor' and
            `institution of higher education' have the meanings given those
            terms in section 951 of the Energy Policy Act of 2005 (42
            U.S.C. 16271).
                ``(2) Program.--The term `Program' means the University
            Nuclear Leadership Program established under this section.
        ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out the Program for each of fiscal years 2021
    through 2025--
                ``(1) $30,000,000 to the Secretary of Energy, of which
            $15,000,000 shall be for use by the Administrator of the
            National Nuclear Security Administration; and
                ``(2) $15,000,000 to the Nuclear Regulatory Commission.''.
        (f) Nuclear Energy Research Infrastructure.--Section 955 of the
    Energy Policy Act of 2005 (42 U.S.C. 16275) is amended--
                (1) in subsection (c), paragraph (1)--
                        (A) in the paragraph heading, by striking ``Mission
                    need'' and inserting ``Authorization''; and
                        (B) in subparagraph (A), by striking ``determine
                    the mission need'' and inserting ``provide'';
                (2) by adding at the end of subsection (c) the following:
                ``(7) Authorization of appropriations.--There are
            authorized to be appropriated to the Secretary to carry out to
            completion the construction of the facility under this
            section--
                        ``(A) $295,000,000 for fiscal year 2021;
                        ``(B) $348,000,000 for fiscal year 2022;
                        ``(C) $525,000,000 for fiscal year 2023;
                        ``(D) $534,000,000 for fiscal year 2024; and
                        ``(E) $584,000,000 for fiscal year 2025.''.
                (3) in subsection (c) paragraph (4), by striking ``2025''
            and inserting ``2026''; and
                (4) by adding at the end the following:
        ``(d) Gateway for Accelerated Innovation in Nuclear.--
                ``(1) In general.--In carrying out the programs under this
            subtitle, the Secretary is authorized to establish a new
            initiative to be known as the Gateway for Accelerated
            Innovation in Nuclear (GAIN). The initiative shall, to the
            maximum extent practicable and consistent with national
            security, provide the nuclear energy industry with access to
            cutting edge research and development along with the technical,
            regulatory, and financial support necessary to move innovative
            nuclear energy technologies toward commercialization in an
            accelerated and cost-effective fashion. The Secretary shall
            make available, as a minimum--
                        ``(A) experimental capabilities and testing
                    facilities;
                        ``(B) computational capabilities, modeling, and
                    simulation tools;
                        ``(C) access to existing datasets and data
                    validation tools; and
                        ``(D) technical assistance with guidance or
                    processes as needed.
                ``(2) Selection.--
                        ``(A) In general.--The Secretary shall select
                    industry partners for awards on a competitive merit-
                    reviewed basis.
                        ``(B) Considerations.--In selecting industry
                    partners under subparagraph (A), the Secretary shall
                    consider--
                                ``(i) the information disclosed by the
                            Department as described in paragraph (1); and
                                ``(ii) any existing facilities the
                            Department will provide for public private
                            partnership activities.''.
        (g) Advanced Reactor Demonstration Program.--
                (1) In general.--Subtitle E of title IX of the Energy
            Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by
            adding at the end the following:

    ``SEC. 959A. ADVANCED REACTOR DEMONSTRATION PROGRAM.

        ``(a) Demonstration Project Defined.--For the purposes of this
    section, the term `demonstration project' means an advanced nuclear
    reactor operated in any manner, including as part of the power
    generation facilities of an electric utility system, for the purpose of
    demonstrating the suitability for commercial application of the
    advanced nuclear reactor.
        ``(b) Establishment.--The Secretary shall establish a program to
    advance the research, development, demonstration, and commercial
    application of domestic advanced, affordable, nuclear energy
    technologies by--
                ``(1) demonstrating a variety of advanced nuclear reactor
            technologies, including those that could be used to produce--
                        ``(A) safer, emissions-free power at a competitive
                    cost of electricity compared to other new energy
                    generation technologies on the date of enactment of the
                    Energy Act of 2020;
                        ``(B) heat for community heating, industrial
                    purposes, heat storage, or synthetic fuel production;
                        ``(C) remote or off-grid energy supply; or
                        ``(D) backup or mission-critical power supplies;
                ``(2) identifying research areas that the private sector is
            unable or unwilling to undertake due to the cost of, or risks
            associated with, the research; and
                ``(3) facilitating the access of the private sector--
                        ``(A) to Federal research facilities and personnel;
                    and
                        ``(B) to the results of research relating to civil
                    nuclear technology funded by the Federal Government.
        ``(c) Demonstration Projects.--In carrying out demonstration
    projects under the program established in subsection (b), the Secretary
    shall--
                ``(1) include, as an evaluation criterion, diversity in
            designs for the advanced nuclear reactors demonstrated under
            this section, including designs using various--
                        ``(A) primary coolants;
                        ``(B) fuel types and compositions; and
                        ``(C) neutron spectra;
                ``(2) consider, as evaluation criterions--
                        ``(A) the likelihood that the operating cost for
                    future commercial units for each design implemented
                    through a demonstration project under this subsection
                    is cost-competitive in the applicable market, including
                    those designs configured as integrated energy systems
                    as described in section 952(c);
                        ``(B) the technology readiness level of a proposed
                    advanced nuclear reactor technology;
                        ``(C) the technical abilities and qualifications of
                    teams desiring to demonstrate a proposed advanced
                    nuclear reactor technology; and
                        ``(D) the capacity to meet cost-share requirements
                    of the Department;
                ``(3) ensure that each evaluation of candidate technologies
            for the demonstration projects is completed through an external
            review of proposed designs, which review shall--
                        ``(A) be conducted by a panel that includes not
                    fewer than 1 representative that does not have a
                    conflict of interest of each within the applicable
                    market of the design of--
                                ``(i) an electric utility;
                                ``(ii) an entity that uses high-temperature
                            process heat for manufacturing or industrial
                            processing, such as a petrochemical or
                            synthetic fuel company, a manufacturer of
                            metals or chemicals, or a manufacturer of
                            concrete;
                                ``(iii) an expert from the investment
                            community;
                                ``(iv) a project management practitioner;
                            and
                                ``(v) an environmental health and safety
                            expert; and
                        ``(B) include a review of each demonstration
                    project under this subsection which shall include
                    consideration of cost-competitiveness and other value
                    streams, together with the technology readiness level,
                    the technical abilities and qualifications of teams
                    desiring to demonstrate a proposed advanced nuclear
                    reactor technology, the capacity to meet cost-share
                    requirements of the Department, if Federal funding is
                    provided, and environmental impacts;
                ``(4) for federally funded demonstration projects, enter
            into cost-sharing agreements with private sector partners in
            accordance with section 988 for the conduct of activities
            relating to the research, development, and demonstration of
            advanced nuclear reactor designs under the program;
                ``(5) consult with--
                        ``(A) National Laboratories;
                        ``(B) institutions of higher education;
                        ``(C) traditional end users (such as electric
                    utilities);
                        ``(D) potential end users of new technologies (such
                    as users of high-temperature process heat for
                    manufacturing processing, including petrochemical or
                    synthetic fuel companies, manufacturers of metals or
                    chemicals, or manufacturers of concrete);
                        ``(E) developers of advanced nuclear reactor
                    technology;
                        ``(F) environmental and public health and safety
                    experts; and
                        ``(G) non-proliferation experts;
                ``(6) seek to ensure that the demonstration projects
            carried out under this section do not cause any delay in the
            progress of an advanced reactor project by private industry and
            the Department of Energy that is underway as of the date of
            enactment of this section;
                ``(7) establish a streamlined approval process for
            expedited contracting between awardees and the Department;
                ``(8) identify technical challenges to candidate
            technologies;
                ``(9) support near-term research and development to address
            the highest risk technical challenges to the successful
            demonstration of a selected advanced reactor technology, in
            accordance with--
                        ``(A) paragraph (8);
                        ``(B) the research and development activities under
                    section 952(b); and
                        ``(C) the research and development activities under
                    section 958; and
                ``(10) establish such technology advisory working groups as
            the Secretary determines to be appropriate to advise the
            Secretary regarding the technical challenges identified under
            paragraph (8) and the scope of research and development
            programs to address the challenges, in accordance with
            paragraph (9), to be comprised of--
                        ``(A) private sector advanced nuclear reactor
                    technology developers;
                        ``(B) technical experts with respect to the
                    relevant technologies at institutions of higher
                    education;
                        ``(C) technical experts at the National
                    Laboratories;
                        ``(D) environmental and public health and safety
                    experts;
                        ``(E) non-proliferation experts; and
                        ``(F) any other entities the Secretary determines
                    appropriate.
        ``(d) Milestone-based Demonstration Projects.--The Secretary may
    carry out demonstration projects under subsection (c) as a milestone-
    based demonstration project under section 9005 of the Energy Act of
    2020.
        ``(e) Nonduplication.--Entities may not receive funds under this
    program if receiving funds from another reactor demonstration program
    at the Department in the same fiscal year.
        ``(f) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out the program under this
    subsection--
                ``(1) $405,000,000 for fiscal year 2021;
                ``(2) $405,000,000 for fiscal year 2022;
                ``(3) $420,000,000 for fiscal year 2023;
                ``(4) $455,000,000 for fiscal year 2024; and
                ``(5) $455,000,000 for fiscal year 2025.''.
                (2) Table of contents.--The table of contents of the Energy
            Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
            amended--
                        (A) in the items relating to sections 957, 958, and
                    959, by inserting ``Sec.'' before ``95'' each place it
                    appears; and
                        (B) by inserting after the item relating to section
                    959 the following:

    ``Sec. 959A. Advanced reactor demonstration program.''.
        (h) International Nuclear Energy Cooperation.--
                (1) In general.--Subtitle E of title IX of the Energy
            Policy Act of 2005 (42 U.S.C. 16271 et seq.), as amended by
            subsection (g), is further amended by adding at the end the
            following:

    ``SEC. 959B. INTERNATIONAL NUCLEAR ENERGY COOPERATION.

        ``The Secretary shall carry out a program--
                ``(1) to collaborate in international efforts with respect
            to research, development, demonstration, and commercial
            application of nuclear technology that supports diplomatic,
            financing, nonproliferation, climate, and international
            economic objectives for the safe, secure, and peaceful use of
            such technology; and
                ``(2) to develop collaboration initiatives with respect to
            such efforts with a variety of countries through--
                        ``(A) preparations for research and development
                    agreements;
                        ``(B) the development of coordinated action plans;
                    and
                        ``(C) new or existing multilateral cooperation
                    commitments including--
                                ``(i) the International Framework for
                            Nuclear Energy Cooperation;
                                ``(ii) the Generation IV International
                            Forum;
                                ``(iii) the International Atomic Energy
                            Agency;
                                ``(iv) the Organization for Economic Co-
                            operation and Development Nuclear Energy
                            Agency; and
                                ``(v) any other international collaborative
                            effort with respect to advanced nuclear reactor
                            operations and safety.''.
                (2) Table of contents.--The table of contents of the Energy
            Policy Act of 2005 (Public Law 109-58; 119 Stat. 594), as
            amended by subsection (g), is further amended by inserting
            after the item relating to section 959A the following:

    ``Sec. 959B. International nuclear energy cooperation.''.

    SEC. 2004. HIGH-PERFORMANCE COMPUTATION COLLABORATIVE RESEARCH PROGRAM.

        Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is
    amended by adding at the end the following:
        ``(d) Duplication.--The Secretary shall ensure the coordination of,
    and avoid unnecessary duplication of, the activities of the program
    under subsection (a) with the activities of--
                ``(1) other research entities of the Department, including
            the National Laboratories, the Advanced Research Projects
            Agency-Energy, and the Advanced Scientific Computing Research
            program; and
                ``(2) industry.''.

    SEC. 2005. NUCLEAR ENERGY BUDGET PLAN.

        Section 959 of the Energy Policy Act of 2005 (42 U.S.C. 16279) is
    amended--
                (1) by amending subsection (b) to read as follows:
        ``(b) Budget Plan Alternative 1.--One of the budget plans submitted
    under subsection (a) shall assume constant annual funding for 10 years
    at the appropriated level for the current fiscal year for the civilian
    nuclear energy research and development of the Department.'';
                (2) in subsection (d)(2) by striking ``; and'' and
            inserting ``;'';
                (3) in subsection (d)(3) by striking the period at the end
            and inserting ``; and''
                (4) by inserting at the end of subsection (d) the
            following:
                ``(4) a description of the progress made under the programs
            described in section 959A.''; and
                (5) by inserting after subsection (d) the following:
        ``(e) Updates.--Not less frequently than once every 2 years, the
    Secretary shall submit to the Committee on Science, Space, and
    Technology of the House of Representatives and the Committee on Energy
    and Natural Resources of the Senate updated 10-year budget plans which
    shall identify, and provide a justification for, any major deviation
    from a previous budget plan submitted under this section.''.

    SEC. 2006. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

        (a) In General.--Subtitle E of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16271 et seq.), as amended by this Act, is further
    amended by adding at the end of the following:

    ``SEC. 959C. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

        ``(a) Coordination.--In carrying out this subtitle, the Secretary
    shall coordinate activities, and effectively manage crosscutting
    research priorities across programs of the Department and other
    relevant Federal agencies, including the National Laboratories.
        ``(b) Collaboration.--
                ``(1) In general.--In carrying out this subtitle, the
            Secretary shall collaborate with industry, National
            Laboratories, other relevant Federal agencies, institutions of
            higher education, including minority-serving institutions and
            research reactors, Tribal entities, including Alaska Native
            Corporations, and international bodies with relevant scientific
            and technical expertise.
                ``(2) Participation.--To the extent practicable, the
            Secretary shall encourage research projects that promote
            collaboration between entities specified in paragraph (1).
        ``(c) Dissemination of Results and Public Availability.--The
    Secretary shall, except to the extent protected from disclosure under
    section 552(b) of title 5, United States Code, publish the results of
    projects supported under this subtitle through Department websites,
    reports, databases, training materials, and industry conferences,
    including information discovered after the completion of such projects.
        ``(d) Education and Outreach.--In carrying out the activities
    described in this subtitle, the Secretary shall support education and
    outreach activities to disseminate information and promote public
    understanding of nuclear energy.
        ``(e) Technical Assistance.--In carrying out this subtitle, for the
    purposes of supporting technical, nonhardware, and information-based
    advances in nuclear energy development and operations, the Secretary
    shall also conduct technical assistance and analysis activities,
    including activities that support commercial application of nuclear
    energy in rural, Tribal, and low-income communities.
        ``(f) Program Review.--At least annually, all programs in this
    subtitle shall be subject to an annual review by the Nuclear Energy
    Advisory Committee of the Department or other independent entity, as
    appropriate.
        ``(g) Sensitive Information.--The Secretary shall not publish any
    information generated under this subtitle that is detrimental to
    national security, as determined by the Secretary.''.
        (b) Table of Contents.--The table of contents of the Energy Policy
    Act of 2005 (Public Law 109-58; 119 Stat. 594), as amended by this Act,
    is further amended by inserting after the item relating to section 959B
    the following:

    ``Sec. 959C. Organization and administration of programs.''.

    SEC. 2007. EXTENSION AND EXPANSION OF LIMITATIONS ON IMPORTATION OF
                  URANIUM FROM RUSSIAN FEDERATION.

        (a) In General.--Section 3112A of the USEC Privatization Act (42
    U.S.C. 2297h-10a) is amended--
                (1) in subsection (a)--
                        (A) by redesignating paragraph (7) as paragraph
                    (8); and
                        (B) by inserting after paragraph (6) the following:
                ``(7) Suspension agreement.--The term `Suspension
            Agreement' has the meaning given that term in section
            3102(13).'';
                (2) in subsection (b)--
                        (A) by striking ``United States to support'' and
                    inserting the following: ``United States--
                ``(1) to support'';
                        (B) by striking the period at the end and inserting
                    a semicolon; and
                        (C) by adding at the end the following:
                ``(2) to reduce reliance on uranium imports in order to
            protect essential national security interests;
                ``(3) to revive and strengthen the supply chain for nuclear
            fuel produced and used in the United States; and
                ``(4) to expand production of nuclear fuel in the United
            States.''; and
                (3) in subsection (c)--
                        (A) in paragraph (2)--
                                (i) in subparagraph (A)--
                                        (I) in clause (vi), by striking ``;
                                    and'' and inserting a semicolon;
                                        (II) in clause (vii), by striking
                                    the period at the end and inserting a
                                    semicolon; and
                                        (III) by adding at the end the
                                    following:
                                ``(viii) in calendar year 2021, 596,682
                            kilograms;
                                ``(ix) in calendar year 2022, 489,617
                            kilograms;
                                ``(x) in calendar year 2023, 578,877
                            kilograms;
                                ``(xi) in calendar year 2024, 476,536
                            kilograms;
                                ``(xii) in calendar year 2025, 470,376
                            kilograms;
                                ``(xiii) in calendar year 2026, 464,183
                            kilograms;
                                ``(xiv) in calendar year 2027, 459,083
                            kilograms;
                                ``(xv) in calendar year 2028, 344,312
                            kilograms;
                                ``(xvi) in calendar year 2029, 340,114
                            kilograms;
                                ``(xvii) in calendar year 2030, 332,141
                            kilograms;
                                ``(xviii) in calendar year 2031, 328,862
                            kilograms;
                                ``(xix) in calendar year 2032, 322,255
                            kilograms;
                                ``(xx) in calendar year 2033, 317,536
                            kilograms;
                                ``(xxi) in calendar year 2034, 298,088
                            kilograms;
                                ``(xxii) in calendar year 2035, 294,511
                            kilograms;
                                ``(xxiii) in calendar year 2036, 286,066
                            kilograms;
                                ``(xxiv) in calendar year 2037, 281,272
                            kilograms;
                                ``(xxv) in calendar year 2038, 277,124
                            kilograms;
                                ``(xxvi) in calendar year 2039, 277,124
                            kilograms; and
                                ``(xxvii) in calendar year 2040, 267,685
                            kilograms.'';
                                (ii) by redesignating subparagraph (B) as
                            subparagraph (C); and
                                (iii) by inserting after subparagraph (A)
                            the following:
                        ``(B) Administration.--
                                ``(i) In general.--The Secretary of
                            Commerce shall administer the import
                            limitations described in subparagraph (A) in
                            accordance with the provisions of the
                            Suspension Agreement, including--
                                        ``(I) the limitations on sales of
                                    enriched uranium product and separative
                                    work units plus conversion, in amounts
                                    determined in accordance with Section
                                    IV.B.1 of the Suspension Agreement (as
                                    amended by the amendment published in
                                    the Federal Register on October 9, 2020
                                    (85 Fed. Reg. 64112));
                                        ``(II) the export limit allocations
                                    set forth in Appendix 5 of the
                                    Suspension Agreement (as so amended);
                                        ``(III) the requirements for
                                    natural uranium returned feed
                                    associated with imports of low-enriched
                                    uranium, including pursuant to sales of
                                    enrichment, with or without conversion,
                                    from the Russian Federation, as set
                                    forth in Section IV.B.1 of the
                                    Suspension Agreement (as so amended);
                                        ``(IV) any other provisions of the
                                    Suspension Agreement (as so amended);
                                    and
                                        ``(V) any related administrative
                                    guidance issued by the Department of
                                    Commerce.
                                ``(ii) Effect of termination of suspension
                            agreement.--Clause (i) shall remain in effect
                            if the Suspension Agreement is terminated.'';
                        (B) in paragraph (3)--
                                (i) in subparagraph (A), by striking the
                            semicolon and inserting ``; or'';
                                (ii) in subparagraph (B), by striking ``;
                            or'' and inserting a period; and
                                (iii) by striking subparagraph (C);
                        (C) in paragraph (5)--
                                (i) in subparagraph (A), by striking
                            ``reference data'' and all that follows through
                            ``2019'' and inserting the following: ``lower
                            scenario data in the report of the World
                            Nuclear Association entitled `The Nuclear Fuel
                            Report: Global Scenarios for Demand and Supply
                            Availability 2019-2040'. In each of calendar
                            years 2023, 2029, and 2035''; and
                                (ii) by redesignating subparagraphs (B) and
                            (C) as subparagraphs (C) and (D), respectively;
                                (iii) by inserting after subparagraph (A)
                            the following:
                        ``(B) Report required.--Not later than one year
                    after the date of the enactment of the Energy Act of
                    2020, and every 3 years thereafter, the Secretary shall
                    submit to Congress a report that includes--
                                ``(i) a recommendation on the use of all
                            publicly available data to ensure accurate
                            forecasting by scenario data to comport to
                            actual demand for low-enriched uranium for
                            nuclear reactors in the United States; and
                                ``(ii) an identification of the steps to be
                            taken to adjust the import limitations
                            described in paragraph (2)(A) based on the most
                            accurate scenario data.''; and
                                (iv) in subparagraph (D), as redesignated
                            by clause (ii), by striking ``subparagraph
                            (B)'' and inserting ``subparagraph (C)'';
                        (D) in paragraph (9), by striking ``2020'' and
                    inserting ``2040'';
                        (E) in paragraph (12)(B), by inserting ``or the
                    Suspension Agreement'' after ``the Russian HEU
                    Agreement''; and
                        (F) by striking ``(2)(B)'' each place it appears
                    and inserting ``(2)(C)''.
        (b) Applicability.--The amendments made by subsection (a) apply
    with respect to uranium imported from the Russian Federation on or
    after January 1, 2021.

    SEC. 2008. FUSION ENERGY RESEARCH.

        (a) Program.--Section 307 of the Department of Energy Research and
    Innovation Act (42 U.S.C. 18645) is amended--
                (1) by redesignating subsections (a) through (g) as
            subsections (b) through (h), respectively;
                (2) by inserting before subsection (b), as so redesignated,
            the following:
        ``(a) Program.--As part of the activities authorized under section
    209 of the Department of Energy Organization Act (42 U.S.C. 7139) and
    section 972 of the Energy Policy Act of 2005 (42 U.S.C. 16312), the
    Director shall carry out a fusion energy sciences research and enabling
    technology development program to effectively address the scientific
    and engineering challenges to building a cost competitive fusion power
    plant and to support the development of a competitive fusion power
    industry in the United States. As part of this program, the Director
    shall carry out research activities to expand the fundamental
    understandings of plasma and matter at very high temperatures and
    densities for fusion applications and for other engineering and plasma
    science applications.'';
                (3) by amending subsection (d) to read as follows:
        ``(d) Inertial Fusion Research and Development.--
                ``(1) In general.--The Director shall carry out a program
            of research and technology development in inertial fusion for
            energy applications, including ion beam, laser, and pulsed
            power fusion systems.
                ``(2) Activities.--As part of the program described in
            paragraph (1), the Director shall support activities at and
            partnerships with universities and the National Laboratories
            to--
                        ``(A) develop novel target designs;
                        ``(B) support modeling of various inertial fusion
                    energy concepts and systems;
                        ``(C) develop diagnostic tools; and
                        ``(D) improve inertial fusion energy driver
                    technologies.
                ``(3) Authorization of appropriations.--Out of funds
            authorized to be appropriated under subsection (o), there are
            authorized to be appropriated to the Secretary to carry out the
            activities described in subsection (d) $25,000,000 for each of
            fiscal years 2021 through 2025.'';
                (4) by amending subsection (e) to read as follows:
        ``(e) Alternative and Enabling Concepts.--
                ``(1) In general.--The Director shall support research and
            development activities and facility operations at institutions
            of higher education, National Laboratories, and private
            facilities in the United States for a portfolio of alternative
            and enabling fusion energy concepts that may provide solutions
            to significant challenges to the establishment of a commercial
            magnetic fusion power plant, prioritized based on the ability
            of the United States to play a leadership role in the
            international fusion research community.
                ``(2) Activities.--Fusion energy concepts and activities
            explored under paragraph (1) may include--
                        ``(A) alternative fusion energy concepts,
                    including--
                                ``(i) advanced stellarator concepts;
                                ``(ii) non-tokamak confinement
                            configurations operating at low magnetic
                            fields;
                                ``(iii) magnetized target fusion energy
                            concepts; or
                                ``(iv) other promising fusion energy
                            concepts identified by the Director;
                        ``(B) enabling fusion technology development
                    activities, including--
                                ``(i) high magnetic field approaches
                            facilitated by high temperature
                            superconductors;
                                ``(ii) liquid metals to address issues
                            associated with fusion plasma interactions with
                            the inner wall of the encasing device; and
                                ``(iii) advanced blankets for heat
                            management and fuel breeding; and
                        ``(C) advanced scientific computing activities.
                ``(3) Innovation network for fusion energy.--
                        ``(A) In general.--The Secretary, acting through
                    the Office of Science, shall support a program to
                    provide fusion energy researchers with access to
                    scientific and technical resources and expertise at
                    facilities supported by the Department, including such
                    facilities at National Laboratories and universities,
                    to advance innovative fusion energy technologies toward
                    commercial application.
                        ``(B) Awards.--Financial assistance under the
                    program established in subsection (a)--
                                ``(i) shall be awarded on a competitive,
                            merit-reviewed basis; and
                                ``(ii) may be in the form of grants,
                            vouchers, equipment loans, or contracts to
                            private entities.
                ``(4) Authorization of appropriations.--Out of funds
            authorized to be appropriated under subsection (o), there are
            authorized to be appropriated to the Secretary to carry out the
            activities described in subsection (e) $50,000,000 for each of
            fiscal years 2021 through 2025.''; and
                (5) by adding at the end the following:
        ``(i) Milestone-based Development Program.--
                ``(1) In general.--Using the authority of the Secretary
            under section 646(g) of the Department of Energy Organization
            Act (42 U.S.C. 7256(g)), notwithstanding paragraph (10) of such
            section, the Secretary shall establish, not later than 6 months
            after the date of enactment of this section, a milestone-based
            fusion energy development program that requires projects to
            meet particular technical milestones before a participant is
            awarded funds by the Department.
                ``(2) Purpose.--The purpose of the program established by
            paragraph (1) shall be to support the development of a U.S.-
            based fusion power industry through the research and
            development of technologies that will enable the construction
            of new full-scale fusion systems capable of demonstrating
            significant improvements in the performance of such systems, as
            defined by the Secretary, within 10 years of the enactment of
            this section.
                ``(3) Eligibility.--Any entity is eligible to participate
            in the program provided that the Secretary has deemed it as
            having the necessary resources and expertise.
                ``(4) Requirements.--In carrying out the milestone-based
            program under paragraph (1), the Secretary shall, for each
            relevant project--
                        ``(A) request proposals from eligible entities, as
                    determined by the Secretary, that include proposed
                    technical milestones, including estimated project
                    timelines and total costs;
                        ``(B) set milestones based on a rigorous technical
                    review process;
                        ``(C) award funding of a predetermined amount to
                    projects that successfully meet proposed milestones
                    under paragraph (1), or for expenses deemed
                    reimbursable by the Secretary, in accordance with terms
                    negotiated for an individual award; and
                        ``(D) communicate regularly with selected eligible
                    entities and, if the Secretary deems appropriate,
                    exercise small amounts of flexibility for technical
                    milestones as projects mature.
                ``(5) Awards.--For the program established under paragraph
            (1)--
                        ``(A) an award recipient shall be responsible for
                    all costs until milestones are achieved, or
                    reimbursable expenses are reviewed and verified by the
                    Department;
                        ``(B) should an awardee not meet the milestones
                    described in paragraph (4), the Secretary may end the
                    partnership with an award recipient and use the
                    remaining funds in the ended agreement for new or
                    existing projects carried out under this section; and
                        ``(C) consistent with the existing authorities of
                    the Department, the Secretary may end the partnership
                    with an award recipient for cause during the
                    performance period.
                ``(6) Applications.--Any project proposal submitted to the
            program under paragraph (1) shall be evaluated based upon its
            scientific, technical, and business merits through a peer-
            review process, which shall include reviewers with appropriate
            expertise from the private sector, the investment community,
            and experts in the science and engineering of fusion and plasma
            physics.
                ``(7) Project management.--In carrying out projects under
            this program and assessing the completion of their milestones
            in accordance with paragraph (4), the Secretary shall consult
            with experts that represent diverse perspectives and
            professional experiences, including those from the private
            sector, to ensure a complete and thorough review.
                ``(8) Programmatic review.--Not later than 4 years after
            the Secretary has established 3 milestones under this program,
            the Secretary shall enter into a contractual arrangement with
            the National Academy of Sciences to review and provide a report
            describing the findings of this review to the House Committee
            on Science, Space, and Technology and the Senate Committee on
            Energy and Natural Resources on the program established under
            this paragraph (1) that assesses--
                        ``(A) the benefits and drawbacks of a milestone-
                    based fusion program as compared to traditional program
                    structure funding models at the Department;
                        ``(B) lessons-learned from program operations; and
                        ``(C) any other matters the Secretary determines
                    regarding the program.
                ``(9) Annual report.--As part of the annual budget request
            submitted for each fiscal year, the Secretary shall provide the
            House Committee on Science, Space, and Technology and the
            Senate Committee on Energy and Natural Resources a report
            describing partnerships supported by the program established
            under paragraph (1) during the previous fiscal year.
                ``(10) Authorization of appropriations.--Out of funds
            authorized to be appropriated under subsection (o), there are
            authorized to be appropriated to the Secretary to carry out the
            activities described in subsection (i), to remain available
            until expended--
                        ``(A) $45,000,000 for fiscal year 2021;
                        ``(B) $65,000,000 for fiscal year 2022;
                        ``(C) $105,000,000 for fiscal year 2023;
                        ``(D) $65,000,000 for fiscal year 2024; and
                        ``(E) $45,000,000 for fiscal year 2025.
        ``(j) Fusion Reactor System Design.--The Director shall support
    research and development activities to design future fusion reactor
    systems and examine and address the technical drivers for the cost of
    these systems.
        ``(k) General Plasma Science and Applications.--The Director shall
    support research in general plasma science and high energy density
    physics that advance the understanding of the scientific community of
    fundamental properties and complex behavior of matter to control and
    manipulate plasmas for a broad range of applications, including support
    for research relevant to advancements in chip manufacturing and
    microelectronics.
        ``(l) Sense of Congress.--It is the sense of Congress that the
    United States should support a robust, diverse program in addition to
    providing sufficient support to, at a minimum, meet its commitments to
    ITER and maintain the schedule of the project as determined by the
    Secretary in coordination with the ITER Organization at the time of the
    enactment of this section. It is further the sense of Congress that
    developing the scientific basis for fusion, providing research results
    key to the success of ITER, and training the next generation of fusion
    scientists are of critical importance to the United States and should
    in no way be diminished by participation of the United States in the
    ITER project.
        ``(m) International Collaboration.--The Director shall--
                ``(1) as practicable and in coordination with other
            appropriate Federal agencies as necessary, ensure the access of
            United States researchers to the most advanced fusion research
            facilities and research capabilities in the world, including
            ITER;
                ``(2) to the maximum extent practicable, continue to
            leverage United States participation ITER, and prioritize
            expanding international partnerships and investments in current
            and future fusion research facilities within the United States;
            and
                ``(3) to the maximum extent practicable, prioritize
            engagement in collaborative efforts in support of future
            international facilities that would provide access to the most
            advanced fusion research facilities in the world to United
            States researchers.
        ``(n) Fission and Fusion Research Coordination Report.--
                ``(1) In general.--Not later than 6 months after the date
            of enactment of this section, the Secretary shall transmit to
            Congress a report addressing opportunities for coordinating
            fusion energy research and development activities between the
            Office of Nuclear Energy, the Office of Science, and the
            Advanced Research Projects Agency--Energy.
                ``(2) Components.--The report shall assess opportunities
            for collaboration on research and development of--
                        ``(A) liquid metals to address issues associated
                    with fusion plasma interactions with the inner wall of
                    the encasing device and other components within the
                    reactor;
                        ``(B) immersion blankets for heat management and
                    fuel breeding;
                        ``(C) technologies and methods for instrumentation
                    and control;
                        ``(D) computational methods and codes for system
                    operation and maintenance;
                        ``(E) codes and standard development;
                        ``(F) radioactive waste handling;
                        ``(G) radiological safety;
                        ``(H) potential for non-electricity generation
                    applications; and
                        ``(I) any other overlapping priority as identified
                    by the Director of the Office of Science or the
                    Assistant Secretary of Energy for Nuclear Energy.
        ``(o) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out the activities described in
    this section--
                ``(1) $996,000,000 for fiscal year 2021;
                ``(2) $921,000,000 for fiscal year 2022;
                ``(3) $961,000,000 for fiscal year 2023;
                ``(4) $921,000,000 for fiscal year 2024; and
                ``(5) $901,000,000 for fiscal year 2025.''.
        (b) ITER.--Section 972(c) of the Energy Policy Act of 2005 (42
    U.S.C. 16312) is amended to read as follows:
        ``(c) United States Participation in ITER.--
                ``(1) In general.--There is authorized United States
            participation in the construction and operations of the ITER
            project, as agreed to under the April 25, 2007 `Agreement on
            the Establishment of the ITER International Fusion Energy
            Organization for the Joint Implementation of the ITER Project'.
            The Director shall coordinate and carry out the
            responsibilities of the United States with respect to this
            Agreement.
                ``(2) Report.--Not later than 1 year after the date of
            enactment of this section, the Secretary shall submit to
            Congress a report providing an assessment of the most recent
            schedule for ITER that has been approved by the ITER Council.
                ``(3) Authorization of appropriations.--Out of funds
            authorized to be appropriated under section 307(o) of the
            Department of Energy Research and Innovation Act (42 U.S.C.
            18645), there shall be made available to the Secretary to carry
            out the construction of ITER--
                        ``(A) $374,000,000 for fiscal year 2021; and
                        ``(B) $281,000,000 for each of fiscal years 2022
                    through 2025.''.

                    TITLE III--RENEWABLE ENERGY AND STORAGE

             Subtitle A--Renewable Energy Research and Development

    SEC. 3001. WATER POWER RESEARCH AND DEVELOPMENT.

        (a) In General.--Subtitle C of title VI of the Energy Independence
    and Security Act of 2007 (42 U.S.C. 17211 et seq.) is amended to read
    as follows:

               ``Subtitle C--Water Power Research and Development

    ``SEC. 632. DEFINITIONS.

        ``In this subtitle:
                ``(1) Eligible entity.--The term `eligible entity' means
            any of the following entities:
                        ``(A) An institution of higher education.
                        ``(B) A National Laboratory.
                        ``(C) A Federal research agency.
                        ``(D) A State research agency.
                        ``(E) A nonprofit research organization.
                        ``(F) An industrial entity or a multi-institutional
                    consortium thereof.
                ``(2) Institution of higher education.--The term
            `institution of higher education' means--
                        ``(A) an institution of higher education (as
                    defined in section 101(a) of the Higher Education Act
                    of 1965 (20 U.S.C. 1001(a))); or
                        ``(B) a postsecondary vocational institution (as
                    defined in section 102(c) of the Higher Education Act
                    of 1965 (20 U.S.C. 1002(c))).
                ``(3) Marine energy.--The term `marine energy' means energy
            from--
                        ``(A) waves, tides, and currents in oceans,
                    estuaries, and tidal areas;
                        ``(B) free flowing water in rivers, lakes, streams,
                    and man-made channels;
                        ``(C) differentials in salinity and pressure
                    gradients; and
                        ``(D) differentials in water temperature, including
                    ocean thermal energy conversion.
                ``(4) National laboratory.--The term `National Laboratory'
            has the meaning given such term in section 2(3) of the Energy
            Policy Act of 2005 (42 U.S.C. 15801(3)).
                ``(5) Water power.--The term `water power' refers to
            hydropower, including conduit power, pumped storage, and marine
            energy technologies.
                ``(6) Microgrid.--The term `microgrid' has the meaning
            given such term in section 641 of the Energy Independence and
            Security Act of 2007 (42 U.S.C. 17231).

    ``SEC. 633. WATER POWER TECHNOLOGY RESEARCH, DEVELOPMENT, AND
                  DEMONSTRATION.

        ``The Secretary shall carry out a program to conduct research,
    development, demonstration, and commercial application of water power
    technologies in support of each of the following purposes:
                ``(1) To promote research, development, demonstration, and
            commercial application of water power generation technologies
            in order to increase capacity and reduce the cost of those
            technologies.
                ``(2) To promote research and development to improve the
            environmental impact of water power technologies.
                ``(3) To provide grid reliability and resilience, including
            through technologies that facilitate new market opportunities,
            such as ancillary services, for water power.
                ``(4) To promote the development of water power
            technologies to improve economic growth and enhance cross-
            institutional foundational workforce development in the water
            power sector, including in coastal communities.

    ``SEC. 634. HYDROPOWER RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

        ``The Secretary shall conduct a program of research, development,
    demonstration, and commercial application for technologies that improve
    the capacity, efficiency, resilience, security, reliability,
    affordability, and environmental impact, including potential cumulative
    environmental impacts, of hydropower systems. In carrying out such
    program, the Secretary shall prioritize activities designed to--
                ``(1) develop technology for--
                        ``(A) non-powered dams, including aging and
                    potentially hazardous dams;
                        ``(B) pumped storage;
                        ``(C) constructed waterways;
                        ``(D) new stream-reach development;
                        ``(E) modular and small dams;
                        ``(F) increased operational flexibility; and
                        ``(G) enhancement of relevant existing facilities;
                ``(2) develop new strategies and technologies, including
            analytical methods, physical and numerical tools, and advanced
            computing, as well as methods to validate such methods and
            tools, in order to--
                        ``(A) extend the operational lifetime of hydropower
                    systems and their physical structures, while improving
                    environmental impact, including potential cumulative
                    environmental impacts;
                        ``(B) assist in device and system design,
                    installation, operation, and maintenance; and
                        ``(C) reduce costs, limit outages, and increase
                    unit and plant efficiencies, including by examining the
                    impact of changing water and electricity demand on
                    hydropower generation, flexibility, and provision of
                    grid services;
                ``(3) study, in conjunction with other relevant Federal
            agencies as appropriate, methods to improve the hydropower
            licensing process, including by compiling current and accepted
            best practices, public comments, and methodologies to assess
            the full range of potential environmental and economic impacts;
                ``(4) identify opportunities for joint research,
            development, and demonstration programs between hydropower
            systems, which may include--
                        ``(A) pumped storage systems and other renewable
                    energy systems;
                        ``(B) small hydro facilities and other energy
                    storage systems;
                        ``(C) other hybrid energy systems;
                        ``(D) small hydro facilities and critical
                    infrastructure, including water infrastructure; and
                        ``(E) hydro facilities and responsive load
                    technologies, which may include smart buildings and
                    city systems;
                ``(5) improve the reliability of hydropower technologies,
            including during extreme weather events;
                ``(6) develop methods and technologies to improve
            environmental impact, including potential cumulative
            environmental impacts, of hydropower and pumped storage
            technologies, including potential impacts on wildlife, such
            as--
                        ``(A) fisheries;
                        ``(B) aquatic life and resources;
                        ``(C) navigation of waterways; and
                        ``(D) upstream and downstream environmental
                    conditions, including sediment movement, water quality,
                    and flow volumes;
                ``(7) identify ways to increase power generation by--
                        ``(A) diversifying plant configuration options;
                        ``(B) improving pump-back efficiencies;
                        ``(C) investigating multi-phase systems;
                        ``(D) developing, testing, and monitoring advanced
                    generators with faster cycling times, variable speeds,
                    and improved efficiencies;
                        ``(E) developing, testing, and monitoring advanced
                    turbines capable of improving environmental impact,
                    including potential cumulative environmental impacts,
                    including small turbine designs;
                        ``(F) developing standardized powertrain
                    components;
                        ``(G) developing components with advanced materials
                    and manufacturing processes, including additive
                    manufacturing; and
                        ``(H) developing analytical tools that enable
                    hydropower to provide grid services that, amongst other
                    services, improve grid integration of other energy
                    sources;
                ``(8) advance new pumped storage technologies, including--
                        ``(A) systems with adjustable speed and other new
                    pumping and generating equipment designs;
                        ``(B) modular systems;
                        ``(C) alternative closed-loop systems, including
                    mines and quarries; and
                        ``(D) other innovative equipment and materials as
                    determined by the Secretary;
                ``(9) reduce civil works costs and construction times for
            hydropower and pumped storage systems, including comprehensive
            data and systems analysis of hydropower and pumped storage
            construction technologies and processes in order to identify
            areas for whole-system efficiency gains;
                ``(10) advance efficient and reliable integration of
            hydropower and pumped storage systems with the electric grid
            by--
                        ``(A) improving methods for operational forecasting
                    of renewable energy systems to identify opportunities
                    for hydropower applications in pumped storage and
                    hybrid energy systems, including forecasting of
                    seasonal and annual energy storage;
                        ``(B) considering aggregating small distributed
                    hydropower assets; and
                        ``(C) identifying barriers to grid scale
                    implementation of hydropower and pumped storage
                    technologies;
                ``(11) improve computational fluid dynamic modeling
            methods;
                ``(12) improve flow measurement methods, including
            maintenance of continuous flow measurement equipment;
                ``(13) identify best methods for compiling data on all
            hydropower resources and assets, including identifying
            potential for increased capacity; and
                ``(14) identify mechanisms to test and validate performance
            of hydropower and pumped storage technologies.

    ``SEC. 635. MARINE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

        ``(a) In General.--The Secretary, in consultation with the
    Secretary of Defense, Secretary of Commerce (acting through the Under
    Secretary of Commerce for Oceans and Atmosphere) and other relevant
    Federal agencies, shall conduct a program of research, development,
    demonstration, and commercial application of marine energy technology,
    including activities to--
                ``(1) assist technology development to improve the
            components, processes, and systems used for power generation
            from marine energy resources at a variety of scales;
                ``(2) establish and expand critical testing infrastructure
            and facilities necessary to--
                        ``(A) demonstrate and prove marine energy devices
                    at a range of scales in a manner that is cost-effective
                    and efficient; and
                        ``(B) accelerate the technological readiness and
                    commercial application of such devices;
                ``(3) address marine energy resource variability issues,
            including through the application of energy storage
            technologies;
                ``(4) advance efficient and reliable integration of marine
            energy with the electric grid, which may include smart building
            systems;
                ``(5) identify and study critical short-term and long-term
            needs to maintaining a sustainable marine energy supply chain
            based in the United States;
                ``(6) increase the reliability, security, and resilience of
            marine energy technologies;
                ``(7) validate the performance, reliability,
            maintainability, and cost of marine energy device designs and
            system components in an operating environment;
                ``(8) consider the protection of critical infrastructure,
            such as adequate separation between marine energy devices and
            submarine telecommunications cables, including through the
            development of voluntary, consensus-based standards for such
            purposes;
                ``(9) identify opportunities for crosscutting research,
            development, and demonstration programs between existing energy
            research programs;
                ``(10) identify and improve, in conjunction with the
            Secretary of Commerce, acting through the Under Secretary of
            Commerce for Oceans and Atmosphere, and other relevant Federal
            agencies as appropriate, the environmental impact, including
            potential cumulative environmental impacts, of marine energy
            technologies, including--
                        ``(A) potential impacts on fisheries and other
                    marine resources; and
                        ``(B) developing technologies, including mechanisms
                    for self-evaluation, and other means available for
                    improving environmental impact, including potential
                    cumulative environmental impacts;
                ``(11) identify, in consultation with relevant Federal
            agencies, potential navigational impacts of marine energy
            technologies and strategies to prevent possible adverse
            impacts, in addition to opportunities for marine energy systems
            to aid the United States Coast Guard, such as remote sensing
            for coastal border security;
                ``(12) develop numerical and physical tools, including
            models and monitoring technologies, to assist industry in
            device and system design, installation, operation, and
            maintenance, including methods to validate such tools;
                ``(13) support materials science as it relates to marine
            energy technology, such as the development of corrosive-
            resistant materials;
                ``(14) improve marine energy resource forecasting and
            general understanding of aquatic system behavior, including
            turbulence and extreme conditions;
                ``(15) develop metrics and voluntary, consensus-based
            standards, in coordination with the National Institute of
            Standards and Technology and appropriate standard development
            organizations, for marine energy components, systems, and
            projects, including--
                        ``(A) measuring performance of marine energy
                    technologies; and
                        ``(B) characterizing environmental conditions;
                ``(16) enhance integration with hybrid energy systems,
            including desalination;
                ``(17) identify opportunities to integrate marine energy
            technologies into new and existing infrastructure; and
                ``(18) to develop technology necessary to support the use
            of marine energy--
                        ``(A) for the generation and storage of power at
                    sea; and
                        ``(B) for the generation and storage of power to
                    promote the resilience of coastal communities,
                    including in applications relating to--
                                ``(i) desalination;
                                ``(ii) disaster recovery and resilience;
                            and
                                ``(iii) community microgrids in isolated
                            power systems.
        ``(b) Study of Non-Power Sector Applications for Advanced Marine
    Energy Technologies.--
                ``(1) In general.--The Secretary, in consultation with the
            Secretary of Transportation and the Secretary of Commerce,
            shall conduct a study to examine opportunities for research and
            development in advanced marine energy technologies for non-
            power sector applications, including applications with respect
            to--
                        ``(A) the maritime transportation sector;
                        ``(B) associated maritime energy infrastructure,
                    including infrastructure that serves ports, to improve
                    system resilience and disaster recovery; and
                        ``(C) enabling scientific missions at sea and in
                    extreme environments, including the Arctic.
                ``(2) Report.--Not later than 1 year after the date of
            enactment of this section, the Secretary shall submit to the
            Committee on Energy and Natural Resources of the Senate and the
            Committee on Science, Space, and Technology of the House of
            Representatives a report that describes the results of the
            study conducted under paragraph (1).

    ``SEC. 636. NATIONAL MARINE ENERGY CENTERS.

        ``(a) In General.--The Secretary shall award grants, each such
    grant up to $10,000,000 per year, to institutions of higher education
    (or consortia thereof) for--
                ``(1) the continuation and expansion of the research,
            development, demonstration, testing, and commercial application
            activities at the National Marine Energy Centers (referred to
            in this section as `Centers') established as of January 1,
            2020; and
                ``(2) the establishment of new National Marine Energy
            Centers.
        ``(b) Location Selection.--In selecting institutions of higher
    education for new Centers, the Secretary shall consider the following
    criteria:
                ``(1) Whether the institution hosts an existing marine
            energy research and development program.
                ``(2) Whether the institution has proven technical
            expertise to support marine energy research.
                ``(3) Whether the institution has access to marine
            resources.
        ``(c) Purposes.--The Centers shall coordinate among themselves, the
    Department, and National Laboratories to--
                ``(1) advance research, development, demonstration, and
            commercial application of marine energy technologies in
            response to industry and commercial needs;
                ``(2) support in-water testing and demonstration of marine
            energy technologies, including facilities capable of testing--
                        ``(A) marine energy systems of various technology
                    readiness levels and scales;
                        ``(B) a variety of technologies in multiple test
                    berths at a single location;
                        ``(C) arrays of technology devices; and
                        ``(D) interconnectivity to an electrical grid,
                    including microgrids; and
                ``(3) collect and disseminate information on best practices
            in all areas relating to developing and managing marine energy
            resources and energy systems.
        ``(d) Coordination.--To the extent practicable, the Centers shall
    coordinate their activities with the Secretary of Commerce, acting
    through the Undersecretary of Commerce for Oceans and Atmosphere, and
    other relevant Federal agencies.
        ``(e) Termination.--To the extent otherwise authorized by law, the
    Secretary may terminate funding for a Center described in paragraph (a)
    if such Center is under-performing.

    ``SEC. 637. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

        ``(a) Coordination.--In carrying out this subtitle, the Secretary
    shall coordinate activities, and effectively manage cross-cutting
    research priorities across programs of the Department and other
    relevant Federal agencies, including the National Laboratories and the
    National Marine Energy Centers.
        ``(b) Collaboration.--
                ``(1) In general.--In carrying out this subtitle, the
            Secretary shall collaborate with industry, National
            Laboratories, other relevant Federal agencies, institutions of
            higher education, including Minority Serving Institutions,
            National Marine Energy Centers, Tribal entities, including
            Alaska Native Corporations, and international bodies with
            relevant scientific and technical expertise.
                ``(2) Participation.--To the extent practicable, the
            Secretary shall encourage research projects that promote
            collaboration between entities specified in paragraph (1) and
            include entities not historically associated with National
            Marine Energy Centers, such as Minority Serving Institutions.
                ``(3) International collaboration.--The Secretary, in
            coordination with other appropriate Federal and multilateral
            agencies (including the United States Agency for International
            Development) shall support collaborative efforts with
            international partners to promote the research, development,
            and demonstration of water power technologies used to develop
            hydropower, pump storage, and marine energy resources.
        ``(c) Dissemination of Results and Public Availability.--The
    Secretary shall--
                ``(1) publish the results of projects supported under this
            subtitle through Department websites, reports, databases,
            training materials, and industry conferences, including
            information discovered after the completion of such projects,
            withholding any industrial proprietary information; and
                ``(2) share results of such projects with the public except
            to the extent that the information is protected from disclosure
            under section 552(b) of title 5, United States Code.
        ``(d) Award Frequency.--The Secretary shall solicit applications
    for awards under this subtitle no less frequently than once per fiscal
    year.
        ``(e) Education and Outreach.--In carrying out the activities
    described in this subtitle, the Secretary shall support education and
    outreach activities to disseminate information and promote public
    understanding of water power technologies and the water power
    workforce, including activities at the National Marine Energy Centers.
        ``(f) Technical Assistance and Workforce Development.--In carrying
    out this subtitle, the Secretary may also conduct, for purposes of
    supporting technical, non-hardware, and information-based advances in
    water power systems development and operations--
                ``(1) technical assistance and analysis activities with
            eligible entities, including activities that support expanding
            access to advanced water power technologies for rural, Tribal,
            and low-income communities; and
                ``(2) workforce development and training activities,
            including to support the dissemination of standards and best
            practices for enabling water power production.
        ``(g) Strategic Plan.--In carrying out the activities described in
    this subtitle, the Secretary shall--
                ``(1) not later than one year after the date of the
            enactment of the Energy Act of 2020, draft a plan, considering
            input from relevant stakeholders such as industry and academia,
            to implement the programs described in this subtitle and update
            the plan on an annual basis; and
                ``(2) the plan shall address near-term (up to 2 years),
            mid-term (up to 7 years), and long-term (up to 15 years)
            challenges to the advancement of water power systems.
        ``(h) Report to Congress.--Not later than 1 year after the date of
    the enactment of the Energy Act of 2020, and at least once every 2
    years thereafter, the Secretary shall provide, and make available to
    the public and the relevant authorizing and appropriations committees
    of Congress, a report on the findings of research conducted and
    activities carried out pursuant to this subtitle, including the most
    current strategic plan under subsection (g) and the progress made in
    implementing such plan.

    ``SEC. 638. APPLICABILITY OF OTHER LAWS.

        ``Nothing in this subtitle shall be construed as waiving,
    modifying, or superseding the applicability of any requirement under
    any environmental or other Federal or State law.

    ``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated to the Secretary to carry
    out this subtitle $186,600,000 for each of fiscal years 2021 through
    2025, including $137,428,378 for marine energy and $49,171,622 for
    hydropower research, development, and demonstration activities.''.
        (b) Conforming Table of Contents Amendment.--The table of contents
    for the Energy Independence and Security Act of 2007 is amended by
    striking the items relating to subtitle C of title VI and inserting the
    following:

               ``Subtitle C--Water Power Research and Development

    ``Sec. 632. Definitions.
    ``Sec. 633. Water power technology research, development, and
                                demonstration.
    ``Sec. 634. Hydropower research, development, and demonstration.
    ``Sec. 635. Marine energy research, development, and demonstration.
    ``Sec. 636. National Marine Energy Centers.
    ``Sec. 637. Organization and administration of programs.
    ``Sec. 638. Applicability of other laws.
    ``Sec. 639. Authorization of appropriations.''.

    SEC. 3002. ADVANCED GEOTHERMAL INNOVATION LEADERSHIP.

        (a) Definitions.--Section 612 of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17191) is amended--
                (1) by amending paragraph (1) to read as follows:
                ``(1) Engineered.--When referring to enhanced geothermal
            systems, the term `engineered' means designed to access
            subsurface heat, including stimulation and nonstimulation
            technologies to address one or more of the following issues:
                        ``(A) Lack of effective permeability, porosity or
                    open fracture connectivity within the heat reservoir.
                        ``(B) Insufficient contained geofluid in the heat
                    reservoir.
                        ``(C) A low average geothermal gradient which
                    necessitates deeper drilling, or the use of alternative
                    heat sources or heat generation processes.'';
                (2) by redesignating paragraphs (2) through (7) as
            paragraphs (3) through (8), respectively; and
                (3) by adding after paragraph (1) the following:
                ``(2) Eligible entity.--The term `eligible entity' means
            any of the following entities:
                        ``(A) An institution of higher education.
                        ``(B) A National laboratory.
                        ``(C) A Federal research agency.
                        ``(D) A State research agency.
                        ``(E) A nonprofit research organization.
                        ``(F) An industrial entity.
                        ``(G) A consortium of 2 or more entities described
                    in subparagraphs (A) through (F).''.
        (b) Hydrothermal Research and Development.--Section 613 of the
    Energy Independence and Security Act of 2007 (42 U.S.C. 17192) is
    amended to read as follows:

    ``SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.

        ``(a) In General.--The Secretary shall carry out a program of
    research, development, demonstration, and commercial application for
    geothermal energy production from hydrothermal systems.
        ``(b) Programs.--The program authorized in subsection (a) shall
    include the following:
                ``(1) Advanced hydrothermal resource tools.--The research
            and development of advanced geologic tools to assist in
            locating hydrothermal resources, and to increase the
            reliability of site characterization, including the development
            of new imaging and sensing technologies and techniques to
            assist in prioritization of targets for characterization;
                ``(2) Exploratory drilling for geothermal resources.--The
            demonstration of advanced technologies and techniques of siting
            and exploratory drilling for undiscovered resources in a
            variety of geologic settings, carried out in collaboration with
            industry partners that will assist in the acquisition of high
            quality data sets relevant for hydrothermal subsurface
            characterization activities.''.
        (c) General Geothermal Systems Research and Development.--Section
    614 of the Energy Independence and Security Act of 2007 (42 U.S.C.
    17193) is amended to read as follows:

    ``SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.

        ``(a) Subsurface Components and Systems.--The Secretary shall
    support a program of research, development, demonstration, and
    commercial application of components and systems capable of
    withstanding geothermal environments and necessary to develop, produce,
    and monitor geothermal reservoirs and produce geothermal energy.
        ``(b) Environmental Impacts.--The Secretary shall--
                ``(1) support a program of research, development,
            demonstration, and commercial application of technologies and
            practices designed to mitigate or preclude potential adverse
            environmental impacts of geothermal energy development,
            production or use;
                ``(2) support a research program to identify potential
            environmental impacts, including induced seismicity, and
            environmental benefits of geothermal energy development,
            production, and use, and ensure that the program described in
            paragraph (1) addresses such impacts, including water use and
            effects on groundwater and local hydrology;
                ``(3) support a program of research to compare the
            potential environmental impacts and environmental benefits
            identified as part of the development, production, and use of
            geothermal energy with the potential emission reductions of
            greenhouse gases gained by geothermal energy development,
            production, and use; and
                ``(4) in carrying out this section, the Secretary shall, to
            the maximum extent practicable, consult with relevant federal
            agencies, including the Environmental Protection Agency.
        ``(c) Reservoir Thermal Energy Storage.--The Secretary shall
    support a program of research, development, and demonstration of
    reservoir thermal energy storage, emphasizing cost-effective
    improvements through deep direct use engineering, design, and systems
    research.
        ``(d) Oil and Gas Technology Transfer Initiative.--
                ``(1) In general.--The Secretary shall support an
            initiative among the Office of Fossil Energy, the Office of
            Energy Efficiency and Renewable Energy, and the private sector
            to research, develop, and demonstrate relevant advanced
            technologies and operation techniques used in the oil and gas
            sector for use in geothermal energy development.
                ``(2) Priorities.--In carrying out paragraph (1), the
            Secretary shall prioritize technologies with the greatest
            potential to significantly increase the use and lower the cost
            of geothermal energy in the United States, including the cost
            and speed of geothermal drilling surface technologies, large-
            and small-scale drilling, and well construction.
        ``(e) Coproduction of Geothermal Energy and Minerals Production
    Research and Development Initiative.--
                ``(1) In general.--The Secretary shall carry out a research
            and development initiative under which the Secretary shall
            provide financial assistance to demonstrate the coproduction of
            critical minerals from geothermal resources.
                ``(2) Requirements.--An award made under paragraph (1)
            shall--
                        ``(A) improve the cost effectiveness of removing
                    minerals from geothermal brines as part of the
                    coproduction process;
                        ``(B) increase recovery rates of the targeted
                    mineral commodity;
                        ``(C) decrease water use and other environmental
                    impacts, as determined by the Secretary; and
                        ``(D) demonstrate a path to commercial viability.
        ``(f) Flexible Operations.--The Secretary shall support a research
    initiative on flexible operation of geothermal power plants.
        ``(g) Integrated Energy Systems.--The Secretary shall identify
    opportunities for joint research, development, and demonstration
    programs between geothermal systems and other energy generation or
    storage systems.
        ``(h) Drilling Data Repository.--
                ``(1) In general.--The Secretary shall, in consultation
            with the Secretary of the Interior, establish and operate a
            voluntary, industry-wide repository of geothermal drilling
            information to lower the cost of future geothermal drilling.
                ``(2) Repository.--
                        ``(A) In general.--In carrying out paragraph (1),
                    the Secretary shall collaborate with countries
                    utilizing a significant amount of geothermal energy, as
                    determined by the Secretary.
                        ``(B) Data system.--The repository established
                    under paragraph (1) shall be integrated with the
                    National Geothermal Data System.''.
        (d) Enhanced Geothermal Systems Research and Development.--Section
    615 of the Energy Independence and Security Act of 2007 (42 U.S.C.
    17194) is amended to read as follows:

    ``SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.

        ``(a) In General.--The Secretary shall support a program of
    research, development, demonstration, and commercial application for
    enhanced geothermal systems, including the programs described in
    subsection (b).
        ``(b) Enhanced Geothermal Systems Technologies.--In collaboration
    with industry partners, institutions of higher education, and the
    national laboratories, the Secretary shall support a program of
    research, development, demonstration, and commercial application of the
    technologies to achieve higher efficiency and lower cost enhanced
    geothermal systems, including--
                ``(1) reservoir stimulation;
                ``(2) drilled, non-stimulated (e.g. closed-loop) reservoir
            technologies;
                ``(3) reservoir characterization, monitoring, and modeling
            and understanding of the surface area and volume of fractures;
                ``(4) stress and fracture mapping including real time
            monitoring and modeling;
                ``(5) tracer development;
                ``(6) three and four-dimensional seismic imaging and
            tomography;
                ``(7) well placement and orientation;
                ``(8) long-term reservoir management;
                ``(9) drilling technologies, methods, and tools;
                ``(10) improved exploration tools;
                ``(11) zonal isolation; and
                ``(12) understanding induced seismicity risks from
            reservoir engineering and stimulation.
        ``(c) Frontier Observatory for Research in Geothermal Energy.--
                ``(1) In general.--The Secretary shall support the
            establishment and construction of up to 3 field research sites,
            which shall each be known as a `Frontier Observatory for
            Research in Geothermal Energy' or `FORGE' site to develop,
            test, and enhance techniques and tools for enhanced geothermal
            energy.
                ``(2) Duties.--The Secretary shall--
                        ``(A) provide financial assistance in support of
                    research and development projects focused on advanced
                    monitoring technologies, new technologies and
                    approaches for implementing multi-zone stimulations,
                    nonstimulation techniques, and dynamic reservoir
                    modeling that incorporates all available high-fidelity
                    characterization data; and
                        ``(B) seek opportunities to coordinate efforts and
                    share information with domestic and international
                    partners engaged in research and development of
                    geothermal systems and related technology, including
                    coordination between FORGE sites.
                ``(3) Site selection.--Of the FORGE sites referred to in
            paragraph (1), the Secretary shall--
                        ``(A) consider applications through a competitive,
                    merit-reviewed process, from National Laboratories,
                    multi-institutional collaborations, institutes of
                    higher education and other appropriate entities best
                    suited to provide national leadership on geothermal
                    related issues and perform the duties enumerated under
                    this subsection;
                        ``(B) prioritize existing field sites and
                    facilities with capabilities relevant to the duties
                    enumerated under this subsection;
                        ``(C) determine the mission need for and potential
                    location of subsequent FORGE sites following the
                    completion of construction and one year of operation of
                    two FORGE sites; and
                        ``(D) ensure geologic diversity among FORGE sites
                    when developing subsequent sites, to the maximum extent
                    practicable.
                ``(4) Existing forge sites.--A FORGE site already in
            existence on the date of enactment of this Act may continue to
            receive support.
                ``(5) Site operation.--
                        ``(A) Initial duration.--FORGE sites selected under
                    paragraph (3) shall operate for an initial term of not
                    more than 7 years after the date on which site
                    operation begins.
                        ``(B) Performance metrics.--The Secretary shall
                    establish performance metrics for each FORGE site
                    supported under this paragraph, which may be used by
                    the Secretary to determine whether a FORGE site should
                    continue to receive funding.
                ``(6) Additional terms.--
                        ``(A) In general.--At the end of an operational
                    term described in subparagraph (B), a FORGE site may--
                                ``(i) be transferred to other public or
                            private entities for further enhanced
                            geothermal testing; or
                                ``(ii) subject to appropriations and a
                            merit review by the Secretary, operate for an
                            additional term of not more than 7 years.
                        ``(B) Operational term described.--An operational
                    term referred to in subparagraph (A)--
                                ``(i) in the case of an existing FORGE
                            site, is the existing operational term; and
                                ``(ii) in the case of new FORGE sites
                            selected under paragraph (3), is the initial
                            term under paragraph (5)(A) or an additional
                            term under subparagraph (A)(ii) of this
                            paragraph.
                ``(7) Funding.--
                        ``(A) In general.--Out of funds authorized to be
                    appropriated under section 623, there shall be made
                    available to the Secretary to carry out the FORGE
                    activities under this paragraph--
                                ``(i) $45,000,000 for fiscal year 2021;
                                ``(ii) $55,000,000 for fiscal year 2022;
                                ``(iii) $65,000,000 for fiscal year 2023;
                                ``(iv) $70,000,000 for fiscal year 2024;
                            and
                                ``(v) $70,000,000 for fiscal year 2025.
                        ``(B) Considerations.--In carrying out this
                    subsection, the Secretary shall consider the balance
                    between funds dedicated to construction and operations
                    and research activities to reflect the state of site
                    development.
        ``(d) Enhanced Geothermal Systems Demonstrations.--
                ``(1) In general.--Beginning on the date of enactment of
            this section, the Secretary, in collaboration with industry
            partners, institutions of higher education, and the national
            laboratories, shall support an initiative for demonstration of
            enhanced geothermal systems for power production or direct use.
                ``(2) Projects.--
                        ``(A) In general.--Under the initiative described
                    in paragraph (1), 4 demonstration projects shall be
                    carried out in locations that are potentially
                    commercially viable for enhanced geothermal systems
                    development, while also considering environmental
                    impacts to the maximum extent practicable, as
                    determined by the Secretary.
                        ``(B) Requirements.--Demonstration projects under
                    subparagraph (A) shall--
                                ``(i) collectively demonstrate--
                                        ``(I) different geologic settings,
                                    such as hot sedimentary aquifers,
                                    layered geologic systems, supercritical
                                    systems, and basement rock systems; and
                                        ``(II) a variety of development
                                    techniques, including open hole and
                                    cased hole completions, differing well
                                    orientations, and stimulation and
                                    nonstimulation mechanisms; and
                                ``(ii) to the extent practicable, use
                            existing sites where subsurface
                            characterization or geothermal energy
                            integration analysis has been conducted.
                        ``(C) Eastern demonstration.--Not fewer than 1 of
                    the demonstration projects carried out under
                    subparagraph (A) shall be located an area east of the
                    Mississippi River that is suitable for enhanced
                    geothermal demonstration for power, heat, or a
                    combination of power and heat.
                        ``(D) Milestone-based demonstration projects.--The
                    Secretary may carry out demonstration projects under
                    this subsection as a milestone-based demonstration
                    project under section 9005 of the Energy Act of 2020.
                ``(3) Funding.--Out of funds authorized to be appropriated
            under section 623, there shall be made available to the
            Secretary to carry out the demonstration activities under this
            subsection $21,000,000 for each of fiscal years 2021 through
            2025.''.
        (e) Geothermal Heat Pumps and Direct Use.--
                (1) In general.--Title VI of the Energy Independence and
            Security Act of 2007 is amended by inserting after section 616
            (42 U.S.C. 17195) the following:

    ``SEC. 616A. GEOTHERMAL HEAT PUMPS AND DIRECT USE RESEARCH AND
                  DEVELOPMENT.

        ``(a) Purposes.--The purposes of this section are--
                ``(1) to improve the understanding of related earth
            sciences, components, processes, and systems used for
            geothermal heat pumps and the direct use of geothermal energy;
            and
                ``(2) to increase the energy efficiency, lower the cost,
            increase the use, and improve and demonstrate the effectiveness
            of geothermal heat pumps and the direct use of geothermal
            energy.
        ``(b) Definitions.--In this section:
                ``(1) Direct use of geothermal energy.--The term `direct
            use of geothermal energy' means geothermal systems that use
            water directly or through a heat exchanger to provide--
                        ``(A) heating and cooling to buildings, commercial
                    districts, residential communities, and large
                    municipal, or industrial projects; or
                        ``(B) heat required for industrial processes,
                    agriculture, aquaculture, and other facilities.
                ``(2) Economically distressed area.--The term `economically
            distressed area' means an area described in section 301(a) of
            the Public Works and Economic Development Act of 1965 (42
            U.S.C. 3161(a)).
                ``(3) Geothermal heat pump.--The term `geothermal heat
            pump' means a system that provides heating and cooling by
            exchanging heat from shallow geology, groundwater, or surface
            water using--
                        ``(A) a closed loop system, which transfers heat by
                    way of buried or immersed pipes that contain a mix of
                    water and working fluid; or
                        ``(B) an open loop system, which circulates ground
                    or surface water directly into the building and returns
                    the water to the same aquifer or surface water source.
        ``(c) Program.--
                ``(1) In general.--The Secretary shall support within the
            Geothermal Technologies Office a program of research,
            development, and demonstration for geothermal heat pumps and
            the direct use of geothermal energy.
                ``(2) Areas.--The program under paragraph (1) may include
            research, development, demonstration, and commercial
            application of--
                        ``(A) geothermal ground loop efficiency
                    improvements, cost reductions, and improved
                    installation and operations methods;
                        ``(B) the use of geothermal energy for building-
                    scale energy storage;
                        ``(C) the use of geothermal energy as a grid
                    management resource or seasonal energy storage;
                        ``(D) geothermal heat pump efficiency improvements;
                        ``(E) the use of alternative fluids as a heat
                    exchange medium, such as hot water found in mines and
                    mine shafts, graywater, or other fluids that may
                    improve the economics of geothermal heat pumps;
                        ``(F) heating of districts, neighborhoods,
                    communities, large commercial or public buildings, and
                    industrial and manufacturing facilities;
                        ``(G) the use of low temperature groundwater for
                    direct use; and
                        ``(H) system integration of direct use with
                    geothermal electricity production.
                ``(3) Environmental impacts.--In carrying out the program,
            the Secretary shall identify and mitigate potential
            environmental impacts in accordance with section 614(b).
        ``(d) Financial Assistance.--
                ``(1) In general.--The Secretary shall carry out the
            program established in subsection (c) by making financial
            assistance available to State, local, and Tribal governments,
            institutions of higher education, nonprofit entities, National
            Laboratories, utilities, and for-profit companies.
                ``(2) Priority.--In providing financial assistance under
            this subsection, the Secretary may give priority to proposals
            that apply to large buildings, commercial districts, and
            residential communities that are located in economically
            distressed areas and areas that the Secretary determines to
            have high economic potential for geothermal district heating
            based on the report, `Geovision: Harnessing the Heat Beneath
            our Feet' published by the Department in 2019, or a successor
            report.''.
                (2) Conforming amendment.--Section 1(b) of the Energy
            Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
            amended in the table of contents by inserting after the item
            relating to section 616 the following:

    ``Sec. 616A. Geothermal heat pumps and direct use research and
                                development.''.
        (f) Organization and Administration of Programs.--
                (1) In general.--Section 617 of the Energy Independence and
            Security Act of 2007 (42 U.S.C. 17196) is amended--
                        (A) by striking the section heading and inserting
                    ``organization and administration of programs'';
                        (B) in subsection (b), by striking paragraph (2)
                    and redesignating paragraphs (3) and (4) as paragraphs
                    (2) and (3), respectively; and
                        (C) by adding at the end the following:
        ``(c) Education and Outreach.--In carrying out the activities
    described in this subtitle, the Secretary shall support education and
    outreach activities to disseminate information on geothermal energy
    technologies and the geothermal energy workforce, including activities
    at the Frontier Observatory for Research in Geothermal Energy site or
    sites.
        ``(d) Technical Assistance.--In carrying out this subtitle, the
    Secretary shall also conduct technical assistance and analysis
    activities with eligible entities for the purpose of supporting the
    commercial application of advances in geothermal energy systems
    development and operations, which may include activities that support
    expanding access to advanced geothermal energy technologies for rural,
    Tribal, and low-income communities.
        ``(e) Report.--Every 5 years after the date of enactment of this
    subsection, the Secretary shall report to the Committee on Science and
    Technology of the House of Representatives and the Committee on Energy
    and Natural Resources of the Senate on advanced concepts and
    technologies to maximize the geothermal resource potential of the
    United States.
        ``(f) Progress Reports.--Not later than 1 year after the date of
    enactment of this subsection, and every 2 years thereafter, the
    Secretary shall submit to the Committee on Science and Technology of
    the House of Representatives and the Committee on Energy and Natural
    Resources of the Senate a report on the results of projects undertaken
    under this part and other such information the Secretary considers
    appropriate.''.
                (2) Conforming amendment.--Section 1(b) of the Energy
            Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
            amended in the table of contents by amending the item related
            to section 617 to read as follows:

    ``Sec. 617. Organization and administration of programs.''.
        (g) Advanced Geothermal Computing and Data Science Research and
    Development.--
                (1) In general.--Section 618 of the Energy Independence and
            Security Act of 2007 (42 U.S.C. 17197) is amended to read as
            follows:

    ``SEC. 618. ADVANCED GEOTHERMAL COMPUTING AND DATA SCIENCE RESEARCH AND
                  DEVELOPMENT.

        ``(a) In General.--The Secretary shall carry out a program of
    research and development of advanced computing and data science tools
    for geothermal energy.
        ``(b) Programs.--The program authorized in subsection (a) shall
    include the following:
                ``(1) Advanced computing for geothermal systems
            technologies.--Research, development, and demonstration of
            technologies to develop advanced data, machine learning,
            artificial intelligence, and related computing tools to assist
            in locating geothermal resources, to increase the reliability
            of site characterization, to increase the rate and efficiency
            of drilling, to improve induced seismicity mitigation, and to
            support enhanced geothermal systems technologies.
                ``(2) Geothermal systems reservoir modeling.--Research,
            development, and demonstration of models of geothermal
            reservoir performance and enhanced geothermal systems reservoir
            stimulation technologies and techniques, with an emphasis on
            accurately modeling fluid and heat flow, permeability
            evolution, geomechanics, geochemistry, seismicity, and
            operational performance over time, including collaboration with
            industry and field validation.
        ``(c) Coordination.--In carrying out these programs, the Secretary
    shall ensure coordination and consultation with the Department of
    Energy's Office of Science. The Secretary shall ensure, to the maximum
    extent practicable, coordination of these activities with the
    Department of Energy National Laboratories, institutes of higher
    education, and the private sector.''.
                (2) Conforming amendment.--Section 1(b) of the Energy
            Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
            amended in the table of contents by amending the item related
            to section 618 to read as follows:

    ``Sec. 618. Advanced geothermal computing and data science research and
                                development.''.
        (h) Geothermal Workforce Development.--
                (1) In general.--Section 619 of the Energy Independence and
            Security Act of 2007 (42 U.S.C. 17198) is amended to read as
            follows:

    ``SEC. 619. GEOTHERMAL WORKFORCE DEVELOPMENT.

        ``The Secretary shall support the development of a geothermal
    energy workforce through a program that--
                ``(1) facilitates collaboration between university students
            and researchers at the National Laboratories; and
                ``(2) prioritizes science in areas relevant to the mission
            of the Department through the application of geothermal energy
            tools and technologies.''.
                (2) Conforming amendment.--Section 1(b) of the Energy
            Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
            amended in the table of contents by amending the item related
            to section 619 to read as follows:

    ``Sec. 619. Geothermal workforce development.''.
        (i) Repeals.--
                (1) EISA repeal.--Subtitle B of title VI of the Energy
            Independence and Security Act of 2007 (42 U.S.C. 17191 et seq.)
            is amended by striking sections 620 and 621.
                (2) Conforming amendment.--Section 1(b) of the Energy
            Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
            amended in the table of contents by striking the item related
            to section 620 and 621.
                (3) Additional repeal.--The Geothermal Energy Research,
            Development, and Demonstration Act of 1974 (30 U.S.C. 1101 et
            seq.) is repealed.
        (j) Authorization of Appropriations.--Section 623 of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17202) is amended to
    read as follows:

    ``SEC. 623. AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated to the Secretary to carry
    out the programs under this subtitle $170,000,000 for each of fiscal
    years 2021 through 2025.''.
        (k) International Geothermal Energy Development.--Section 624 of
    the Energy Independence and Security Act of 2007 (42 U.S.C. 17203) is
    amended--
                (1) by amending subsection (a) to read as follows:
        ``(a) In General.--The Secretary of Energy, in coordination with
    other appropriate Federal and multilateral agencies (including the
    United States Agency for International Development) shall support
    collaborative efforts with international partners to promote the
    research, development, and demonstration of geothermal technologies
    used to develop hydrothermal and enhanced geothermal system
    resources.''; and
                (2) by striking subsection (c).
        (l) Reauthorization of High Cost Region Geothermal Energy Grant
    Program.--Section 625 of the Energy Independence and Security Act of
    2007 (42 U.S.C. 17204) is amended--
                (1) in subsection (a)(2), by inserting ``or heat'' after
            ``electrical power''; and
                (2) by amending subsection (e) to read as follows:
        ``(e) Authorization of Appropriations.--Out of funds authorized
    under section 623, there is authorized to be appropriated to carry out
    this section $5,000,000 for each of fiscal years 2021 through 2025.''.
        (m) Update to Geothermal Resource Assessment.--Section 2501 of the
    Energy Policy Act of 1992 (30 U.S.C. 1028) is amended--
                (1) by redesignating subsections (a) and (b) as subsections
            (b) and (d), respectively;
                (2) by inserting before subsection (b) (as so redesignated)
            the following:
        ``(a) Definition of Enhanced Geothermal Systems.--In this section,
    the term `enhanced geothermal systems' has the meaning given the term
    in section 612 of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17191).'';
                (3) by inserting after subsection (b) (as so redesignated)
            the following:
        ``(c) Update to Geothermal Resource Assessment.--The Secretary of
    the Interior, acting through the United States Geological Survey, and
    in consultation with the Secretary of Energy, shall update the 2008
    United States geothermal resource assessment carried out by the United
    States Geological Survey, including--
                ``(1) with respect to areas previously identified by the
            Department of Energy or the United States Geological Survey as
            having significant potential for hydrothermal energy or
            enhanced geothermal systems energy, by focusing on--
                        ``(A) improving the resolution of resource
                    potential at systematic temperatures and depths,
                    including temperatures and depths appropriate for power
                    generation and direct use applications;
                        ``(B) quantifying the total potential to coproduce
                    geothermal energy and minerals;
                        ``(C) incorporating data relevant to underground
                    thermal energy storage and exchange, such as aquifer
                    and soil properties; and
                        ``(D) producing high resolution maps, including--
                                ``(i) maps that indicate key subsurface
                            parameters for electric and direct use
                            resources; and
                                ``(ii) risk maps for induced seismicity
                            based on geologic, geographic, and operational
                            parameters; and
                ``(2) to the maximum extent practicable, by coordinating
            with relevant State officials and institutions of higher
            education to expand geothermal assessments, including enhanced
            geothermal systems assessments, to include assessments for the
            Commonwealth of Puerto Rico and the States of Alaska and
            Hawaii.''; and
                (4) in subsection (d) (as so redesignated), by striking
            ``necesary'' and inserting ``necessary''.
        (n) Modifying the Definition of Renewable Energy to Include Thermal
    Energy.--
        (o) Modifying the Definition of Renewable Energy to Include Thermal
    Energy.--Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852)
    is amended--
                (1) in subsection (b)(2), by striking ``generated'' and
            inserting ``produced''; and
                (2) in subsection (c)--
                        (A) by redesignating paragraphs (1) through (3) as
                    subparagraphs (A) through (C), respectively, and
                    indenting appropriately;
                        (B) in the matter preceding subparagraph (A) (as so
                    redesignated), by striking ``For purposes'' and
                    inserting the following:
                ``(1) In general.--For purposes''; and
                        (C) by adding at the end the following:
                ``(2) Separate calculation.--
                        ``(A) In general.--For purposes of determining
                    compliance with the requirement of this section, any
                    energy consumption that is avoided through the use of
                    geothermal energy shall be considered to be renewable
                    energy produced.
                        ``(B) Efficiency accounting.--Energy consumption
                    that is avoided through the use of geothermal energy
                    that is considered to be renewable energy under this
                    section shall not be considered energy efficiency for
                    the purpose of compliance with Federal energy
                    efficiency goals, targets, and incentives.''.

    SEC. 3003. WIND ENERGY RESEARCH AND DEVELOPMENT.

        (a) Definitions.--In this section:
                (1) Critical material.--The term ``critical material'' has
            the meaning given the term in section 7002 of this Act.
                (2) Economically distressed area.--The term ``economically
            distressed area'' means an area described in section 301(a) of
            the Public Works and Economic Development Act of 1965 (42
            U.S.C. 3161(a)).
                (3) Eligible entity.--The term ``eligible entity'' means--
                        (A) an institution of higher education, including a
                    minority-serving institution;
                        (B) a National Laboratory;
                        (C) a Federal research agency;
                        (D) a State research agency;
                        (E) a research agency associated with a territory
                    or freely associated state;
                        (F) a Tribal energy development organization;
                        (G) an Indian Tribe;
                        (H) a Tribal organization;
                        (I) a Native Hawaiian community-based organization;
                        (J) a nonprofit research organization;
                        (K) an industrial entity;
                        (L) any other entity, as determined by the
                    Secretary; and
                        (M) a consortium of 2 or more entities described in
                    subparagraphs (A) through (L).
                (4) Indian tribe.--The term ``Indian Tribe'' has the
            meaning given the term in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304).
                (5) Institution of higher education.--The term
            ``institution of higher education'' means--
                        (A) an institution of higher education (as defined
                    in section 101(a) of the Higher Education Act of 1965
                    (20 U.S.C. 1001(a))); or
                        (B) a postsecondary vocational institution (as
                    defined in section 102(c) of the Higher Education Act
                    of 1965 (20 U.S.C. 1002(c))).
                (6) Minority serving institution.--The term ``minority-
            serving institution'' has the meaning given the term ``eligible
            institution'' in section 371(a) of the Higher Education Act of
            1965 (20 U.S.C. 1067q(a)).
                (7) National laboratory.--The term ``National Laboratory''
            has the meaning given such term in section 2(3) of the Energy
            Policy Act of 2005 (42 U.S.C. 15801(3)).
                (8) Native hawaiian community-based organization.--The term
            ``Native Hawaiian community-based organization'' has the
            meaning given the term in section 6207 of the Elementary and
            Secondary Education Act of 1965 (20 U.S.C. 7517).
                (9) Program.--The term ``program'' means the program
            established under subsection (b)(1).
                (10) Secretary.--The term ``Secretary'' means the Secretary
            of Energy.
                (11) Territory or freely associated state.--The term
            ``territory or freely associated state'' has the meaning given
            the term ``insular area'' in section 1404 of the Food and
            Agriculture Act of 1977 (7 U.S.C. 3103).
                (12) Tribal energy development organization.--The term
            ``Tribal energy development organization'' has the meaning
            given the term ``tribal energy development organization'' in
            section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
                (13) Tribal organization.--The term ``Tribal organization''
            has the meaning given the term in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304).
        (b) Wind Energy Technology Program.--
                (1) Establishment.--
                        (A) In general.--The Secretary shall establish a
                    program to conduct research, development,
                    demonstration, and commercialization of wind energy
                    technologies in accordance with this subsection.
                        (B) Purposes.--The purposes of the program are the
                    following:
                                (i) To improve the energy efficiency, cost
                            effectiveness, reliability, resilience,
                            security, siting, integration,
                            manufacturability, installation,
                            decommissioning, and recyclability of wind
                            energy technologies.
                                (ii) To optimize the performance and
                            operation of wind energy components, turbines,
                            and systems, including through the development
                            of new materials, hardware, and software.
                                (iii) To optimize the design and
                            adaptability of wind energy technologies to the
                            broadest practical range of geographic,
                            atmospheric, offshore, and other site
                            conditions, including--
                                        (I) at varying hub heights; and
                                        (II) through the use of computer
                                    modeling.
                                (iv) To support the integration of wind
                            energy technologies with the electric grid and
                            other energy technologies and systems.
                                (v) To reduce the cost, risk, and other
                            potential negative impacts across the lifespan
                            of wind energy technologies, including--
                                        (I) manufacturing, siting,
                                    permitting, installation, operations,
                                    maintenance, decommissioning, and
                                    recycling; and
                                        (II) through the development of
                                    solutions to transportation barriers to
                                    wind components.
                                (vi) To reduce and mitigate potential
                            negative impacts of wind energy technologies on
                            human communities, the environment, or
                            commerce.
                                (vii) To address barriers to the
                            commercialization and export of wind energy
                            technologies.
                                (viii) To support the domestic wind
                            industry, workforce, and supply chain.
                        (C) Targets.--Not later than 180 days after the
                    date of enactment of this Act, the Secretary shall
                    establish targets for the program relating to near-term
                    (up to 2 years), mid-term (up to 7 years), and long-
                    term (up to 15 years) challenges to the advancement of
                    wind energy technologies, including onshore, offshore,
                    distributed, and off-grid technologies.
                (2) Activities.--
                        (A) Types of activities.--In carrying out the
                    program, the Secretary shall carry out research,
                    development, demonstration, and commercialization
                    activities, including--
                                (i) awarding grants and awards, on a
                            competitive, merit-reviewed basis;
                                (ii) performing precompetitive research and
                            development;
                                (iii) establishing or maintaining
                            demonstration facilities and projects,
                            including through stewardship of existing
                            facilities such as the National Wind Test
                            Center;
                                (iv) providing technical assistance;
                                (v) entering into contracts and cooperative
                            agreements;
                                (vi) providing small business vouchers;
                                (vii) establishing prize competitions;
                                (viii) conducting education and outreach
                            activities;
                                (ix) conducting professional development
                            activities; and
                                (x) conducting analyses, studies, and
                            reports.
                        (B) Subject areas.--The Secretary shall carry out
                    research, development, demonstration, and
                    commercialization activities in the following subject
                    areas:
                                (i) Wind power plant siting, performance,
                            operations, and security.
                                (ii) New materials and designs relating to
                            all hardware, software, and components of wind
                            energy technologies, including technologies and
                            strategies that reduce the use of energy,
                            water, critical materials, and other
                            commodities that are determined to be
                            vulnerable to disruption.
                                (iii) Advanced wind energy manufacturing
                            and installation technologies and practices,
                            including materials, processes, such as onsite
                            or near site manufacturing, and design.
                                (iv) Offshore wind-specific projects and
                            plants, including--
                                        (I) fixed and floating substructure
                                    systems, materials, and components;
                                        (II) the operation of offshore
                                    facilities, such as--
                                                (aa) an offshore research
                                            facility to conduct research
                                            for oceanic, biological,
                                            geological, and atmospheric
                                            resource characterization
                                            relevant to offshore wind
                                            energy development in
                                            coordination with the ocean and
                                            atmospheric science
                                            communities; and
                                                (bb) an offshore support
                                            structure testing facility to
                                            conduct development,
                                            demonstration, and
                                            commercialization of large-
                                            scale and full-scale offshore
                                            wind energy support structure
                                            components and systems;
                                        (III) the monitoring and analysis
                                    of site and environmental
                                    considerations unique to offshore
                                    sites, including freshwater
                                    environments.
                                (v) Integration of wind energy technologies
                            with--
                                        (I) the electric grid, including
                                    transmission, distribution, microgrids,
                                    and distributed energy systems; and
                                        (II) other energy technologies,
                                    including--
                                                (aa) other generation
                                            sources;
                                                (bb) demand response
                                            technologies; and
                                                (cc) energy storage
                                            technologies.
                                (vi) Methods to improve the lifetime,
                            maintenance, decommissioning, recycling, reuse,
                            and sustainability of wind energy components
                            and systems, including technologies and
                            strategies to reduce the use of energy, water,
                            critical materials, and other valuable or
                            harmful inputs.
                                (vii) Wind power forecasting and
                            atmospheric measurement systems, including for
                            turbines and plant systems of varying height.
                                (viii) Integrated wind energy systems,
                            grid-connected and off-grid, that incorporate
                            diverse--
                                        (I) generation sources;
                                        (II) loads; and
                                        (III) storage technologies.
                                (ix) Reducing market barriers, including
                            non-hardware and information-based barriers, to
                            the adoption of wind energy technologies, such
                            as impacts on, or challenges relating to--
                                        (I) distributed wind technologies,
                                    including the development of best
                                    practices, models, and voluntary
                                    streamlined processes for local siting
                                    and permitting of distributed wind
                                    energy systems to reduce costs;
                                        (II) airspace;
                                        (III) military operations;
                                        (IV) radar;
                                        (V) local communities, with special
                                    consideration given to economically
                                    distressed areas, previously disturbed
                                    lands such as landfills and former
                                    mines, and other areas
                                    disproportionately impacted by
                                    environmental pollution;
                                        (VI) wildlife and wildlife
                                    habitats; and
                                        (VII) any other appropriate matter,
                                    as determined by the Secretary.
                                (x) Technologies or strategies to avoid,
                            minimize, and offset the potential impacts of
                            wind energy facilities on bird species, bat
                            species, marine wildlife, and other sensitive
                            species and habitats.
                                (xi) Advanced physics-based and data
                            analysis computational tools, in coordination
                            with the high-performance computing programs of
                            the Department, to more efficiently design,
                            site, permit, manufacture, install, operate,
                            decommission, and recycle wind energy systems.
                                (xii) Technologies for distributed wind,
                            including micro, small, and medium turbines and
                            the components of those turbines and their
                            microgrid applications.
                                (xiii) Transformational technologies for
                            harnessing wind energy.
                                (xiv) Other research areas that advance the
                            purposes of the program, as determined by the
                            Secretary.
                        (C) Prioritization.--In carrying out activities
                    under the program, the Secretary shall, to the maximum
                    extent practicable, give special consideration to--
                                (i) projects that--
                                        (I) are located in a geographically
                                    diverse range of eligible entities;
                                        (II) support the development or
                                    demonstration of projects--
                                                (aa) in economically
                                            distressed areas and areas
                                            disproportionately impacted by
                                            pollution; and
                                                (bb) that provide the
                                            greatest potential to reduce
                                            energy costs, as well as
                                            promote accessibility and
                                            community implementation of
                                            demonstrated technologies;
                                        (III) can be replicated in a
                                    variety of regions and climates;
                                        (IV) include business
                                    commercialization plans that have the
                                    potential for--
                                                (aa) domestic manufacturing
                                            and production of wind energy
                                            technologies; or
                                                (bb) exports of wind energy
                                            technologies; and
                                        (V) are carried out in
                                    collaboration with Tribal energy
                                    development organizations, Indian
                                    Tribes, Tribal organizations, Native
                                    Hawaiian community-based organizations,
                                    minority-serving institutions, or
                                    territories or freely associated
                                    States; and
                                (ii) with regards to professional
                            development, activities that expand the number
                            of individuals from underrepresented groups
                            pursuing and attaining skills relevant to wind
                            energy.
                        (D) Coordination.--To the maximum extent
                    practicable, the Secretary shall coordinate activities
                    under the program with other relevant programs and
                    capabilities of the Department and other Federal
                    research programs.
                        (E) Use of funds.--To the extent that funding is
                    not otherwise available through other Federal programs
                    or power purchase agreements, funding awarded for
                    demonstration projects may be used for additional
                    nontechnology costs, as determined to be appropriate by
                    the Secretary, such as engineering or feasibility
                    studies.
                        (F) Solicitation.--Not less than once every two
                    years, the Secretary shall conduct a national
                    solicitation for applications for demonstration
                    projects under this section.
                        (G) Report.--
                                (i) In general.--Not later than 180 days
                            after the date of the enactment of this Act,
                            the Secretary shall submit to the Committee on
                            Science, Space, and Technology of the House of
                            Representatives and the Committee on Energy and
                            Natural Resources of the Senate a report on the
                            potential for, and technical viability of,
                            airborne wind energy systems to provide a
                            significant source of energy in the United
                            States.
                                (ii) Contents.--The report under paragraph
                            (1) shall include a summary of research,
                            development, demonstration, and
                            commercialization needs, including an estimate
                            of Federal funding requirements, to further
                            examine and validate the technical and economic
                            viability of airborne wind energy concepts over
                            the 10-year period beginning on the date of the
                            enactment of this Act.
                (3) Wind technician training grant program.--The Secretary
            may award grants, on a competitive basis, to eligible entities
            to purchase large pieces of wind component equipment, such as
            nacelles, towers, and blades, for use in training wind
            technician students in onshore or offshore wind applications.
                (4) Wind energy technology recycling research, development,
            and demonstration program.--
                        (A) In general.--In addition to the program
                    activities described in paragraph (2), in carrying out
                    the program, the Secretary shall award financial
                    assistance to eligible entities for research,
                    development, and demonstration, and commercialization
                    projects to create innovative and practical approaches
                    to increase the reuse and recycling of wind energy
                    technologies, including--
                                (i) by increasing the efficiency and cost
                            effectiveness of the recovery of raw materials
                            from wind energy technology components and
                            systems, including enabling technologies such
                            as inverters;
                                (ii) by minimizing potential environmental
                            impacts from the recovery and disposal
                            processes;
                                (iii) by advancing technologies and
                            processes for the disassembly and recycling of
                            wind energy devices;
                                (iv) by developing alternative materials,
                            designs, manufacturing processes, and other
                            aspects of wind energy technologies and the
                            disassembly and resource recovery process that
                            enable efficient, cost effective, and
                            environmentally responsible disassembly of, and
                            resource recovery from, wind energy
                            technologies; and
                                (v) strategies to increase consumer
                            acceptance of, and participation in, the
                            recycling of wind energy technologies.
                        (B) Dissemination of results.--The Secretary shall
                    make available to the public and the relevant
                    committees of Congress the results of the projects
                    carried out through financial assistance awarded under
                    subparagraph (A), including--
                                (i) development of best practices or
                            training materials for use in the wind energy
                            technology manufacturing, design, installation,
                            decommissioning, or recycling industries;
                                (ii) dissemination at industry conferences;
                                (iii) coordination with information
                            dissemination programs relating to recycling of
                            electronic devices in general;
                                (iv) demonstration projects; and
                                (v) educational materials.
                        (C) Priority.--In carrying out the activities
                    authorized under this subsection, the Secretary shall
                    give special consideration to projects that recover
                    critical materials.
                        (D) Sensitive information.--In carrying out the
                    activities authorized under this subsection, the
                    Secretary shall ensure proper security controls are in
                    place to protect proprietary or sensitive information,
                    as appropriate.
                (5) Wind energy technology materials physical property
            database.--
                        (A) In general.--Not later than September 1, 2022,
                    the Secretary shall establish a comprehensive physical
                    property database of materials for use in wind energy
                    technologies, which shall identify the type, quantity,
                    country of origin, source, significant uses, projected
                    availability, and physical properties of materials used
                    in wind energy technologies.
                        (B) Coordination.--In establishing the database
                    described in subparagraph (A), the Secretary shall
                    coordinate and, to the extent practicable, avoid
                    duplication with--
                                (i) other Department activities, including
                            those carried out by the Office of Science;
                                (ii) the Director of the National Institute
                            of Standards and Technology;
                                (iii) the Administrator of the
                            Environmental Protection Agency;
                                (iv) the Secretary of the Interior; and
                                (v) relevant industry stakeholders, as
                            determined by the Secretary.
                (6) Wind energy program strategic vision.--
                        (A) In general.--Not later than September 1, 2022,
                    and every 6 years thereafter, the Secretary shall
                    submit to Congress a report on the strategic vision,
                    progress, goals, and targets of the program, including
                    assessments of wind energy markets and manufacturing.
                        (B) Preparation.--The Secretary shall coordinate
                    the preparation of the report under subparagraph (A)
                    with--
                                (i) existing peer review processes;
                                (ii) studies conducted by the National
                            Laboratories; and
                                (iii) the multiyear program planning
                            required under section 994 of the Energy Policy
                            Act of 2005 (42 U.S.C. 16358).
                (7) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary to carry out the program
            $125,000,000 for each of fiscal years 2021 through 2025.

    SEC. 3004. SOLAR ENERGY RESEARCH AND DEVELOPMENT.

        (a) Definitions.--In this section:
                (1) Critical material.--The term ``critical material'' has
            the meaning given the term in section 7002 of this Act.
                (2) Economically distressed area.--The term ``economically
            distressed area'' means an area described in section 301(a) of
            the Public Works and Economic Development Act of 1965 (42
            U.S.C. 3161(a)).
                (3) Eligible entity.--The term ``eligible entity'' means--
                        (A) an institution of higher education, including a
                    minority-serving institution;
                        (B) a National Laboratory;
                        (C) a Federal research agency;
                        (D) a State research agency;
                        (E) a research agency associated with a territory
                    or freely associated state;
                        (F) a Tribal energy development organization;
                        (G) an Indian Tribe;
                        (H) a Tribal organization;
                        (I) a Native Hawaiian community-based organization;
                        (J) a nonprofit research organization;
                        (K) an industrial entity;
                        (L) any other entity, as determined by the
                    Secretary; and
                        (M) a consortium of 2 or more entities described in
                    subparagraphs (A) through (L).
                (4) Indian tribe.--The term ``Indian Tribe'' has the
            meaning given the term in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304).
                (5) Institution of higher education.--The term
            ``institution of higher education'' has the meaning given the
            term in section 101 of the Higher Education Act of 1965 (20
            U.S.C. 1001).
                (6) Minority-serving institution.--The term ``minority-
            serving institution'' has the meaning given the term ``eligible
            institution'' in section 371(a) of the Higher Education Act of
            1965 (20 U.S.C. 1067q(a)).
                (7) National laboratory.--The term ``National Laboratory''
            has the meaning given such term in section 2(3) of the Energy
            Policy Act of 2005 (42 U.S.C. 15801(3)).
                (8) Native hawaiian community-based organization.--The term
            ``Native Hawaiian community-based organization'' has the
            meaning given the term in section 6207 of the Elementary and
            Secondary Education Act of 1965 (20 U.S.C. 7517).
                (9) Photovoltaic device.--The term ``photovoltaic device''
            means--
                        (A) a device that converts light directly into
                    electricity through a solid-state, semiconductor
                    process;
                        (B) the photovoltaic cells of a device described in
                    subparagraph (A); and
                        (C) the electronic and electrical components of a
                    device described in subparagraph (A).
                (10) Program.--The term ``program'' means the program
            established under subsection (b)(1)(A).
                (11) Secretary.--The term ``Secretary'' means the Secretary
            of Energy.
                (12) Solar energy.--The term ``solar energy'' means--
                        (A) thermal or electric energy derived from
                    radiation from the Sun; or
                        (B) energy resulting from a chemical reaction
                    caused by radiation recently originated in the Sun.
                (13) Territory or freely associated state.--The term
            ``territory or freely associated state'' has the meaning given
            the term ``insular area'' in section 1404 of the Food and
            Agriculture Act of 1977 (7 U.S.C. 3103).
                (14) Tribal energy development organization.--The term
            ``Tribal energy development organization'' has the meaning
            given the term ``tribal energy development organization'' in
            section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
                (15) Tribal organization.--The term ``Tribal organization''
            has the meaning given the term in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304).
        (b) Solar Energy Technology Program.--
                (1) Establishment.--
                        (A) In general.--The Secretary shall establish a
                    program to conduct research, development,
                    demonstration, and commercialization of solar energy
                    technologies in accordance with this subsection.
                        (B) Purposes.--The purposes of the program are the
                    following:
                                (i) To improve the energy efficiency, cost
                            effectiveness, reliability, resilience,
                            security, siting, integration,
                            manufacturability, installation,
                            decommissioning, and recyclability of solar
                            energy technologies.
                                (ii) To optimize the performance and
                            operation of solar energy components, cells,
                            and systems, and enabling technologies,
                            including through the development of new
                            materials, hardware, and software.
                                (iii) To optimize the design and
                            adaptability of solar energy systems to the
                            broadest practical range of geographic and
                            atmospheric conditions.
                                (iv) To support the integration of solar
                            energy technologies with the electric grid and
                            complementary energy technologies.
                                (v) To create and improve the conversion of
                            solar energy to other useful forms of energy or
                            other products.
                                (vi) To reduce the cost, risk, and other
                            potential negative impacts across the lifespan
                            of solar energy technologies, including
                            manufacturing, siting, permitting,
                            installation, operations, maintenance,
                            decommissioning, and recycling.
                                (vii) To reduce and mitigate potential life
                            cycle negative impacts of solar energy
                            technologies on human communities, wildlife,
                            and wildlife habitats.
                                (viii) To address barriers to the
                            commercialization and export of solar energy
                            technologies.
                                (ix) To support the domestic solar
                            industry, workforce, and supply chain.
                        (C) Targets.--Not later than 180 days after the
                    date of enactment of this Act, the Secretary shall
                    establish targets for the program to address near-term
                    (up to 2 years), mid-term (up to 7 years), and long-
                    term (up to 15 years) challenges to the advancement of
                    all types of solar energy systems.
                (2) Activities.--
                        (A) Types of activities.--In carrying out the
                    program, the Secretary shall carry out research,
                    development, demonstration, and commercialization
                    activities, including--
                                (i) awarding grants and awards, on a
                            competitive, merit-reviewed basis;
                                (ii) performing precompetitive research and
                            development;
                                (iii) establishing or maintaining
                            demonstration facilities and projects,
                            including through stewardship of existing
                            facilities;
                                (iv) providing technical assistance;
                                (v) entering into contracts and cooperative
                            agreements;
                                (vi) providing small business vouchers;
                                (vii) establishing prize competitions;
                                (viii) conducting education and outreach
                            activities;
                                (ix) conducting workforce development
                            activities; and
                                (x) conducting analyses, studies, and
                            reports.
                        (B) Subject areas.--The Secretary shall carry out
                    research, development, demonstration, and
                    commercialization activities in the following subject
                    areas:
                                (i) Advanced solar energy technologies of
                            varying scale and power production, including--
                                        (I) new materials, components,
                                    designs, and systems, including
                                    perovskites, cadmium telluride, and
                                    organic materials;
                                        (II) advanced photovoltaic and
                                    thin-film devices;
                                        (III) concentrated solar power;
                                        (IV) solar heating and cooling; and
                                        (V) enabling technologies for solar
                                    energy systems, including hardware and
                                    software.
                                (ii) Solar energy technology siting,
                            performance, installation, operations,
                            resilience, and security.
                                (iii) Integration of solar energy
                            technologies with--
                                        (I) the electric grid, including
                                    transmission, distribution, microgrids,
                                    and distributed energy systems;
                                        (II) other energy technologies,
                                    including--
                                                (aa) other generation
                                            sources;
                                                (bb) demand response
                                            technologies; and
                                                (cc) energy storage
                                            technologies; and
                                        (III) other applications, such as
                                    in the agriculture, transportation,
                                    buildings, industrial, and fuels
                                    sectors.
                                (iv) Advanced solar energy manufacturing
                            technologies and practices, including
                            materials, processes, and design.
                                (v) Methods to improve the lifetime,
                            maintenance, decommissioning, recycling, reuse,
                            and sustainability of solar energy components
                            and systems, including technologies and
                            strategies that reduce the use of energy,
                            water, critical materials, and other
                            commodities that are determined to be
                            vulnerable to disruption.
                                (vi) Solar energy forecasting, modeling,
                            and atmospheric measurement systems, including
                            for small-scale, large-scale, and aggregated
                            systems.
                                (vii) Integrated solar energy systems that
                            incorporate diverse--
                                        (I) generation sources;
                                        (II) loads; and
                                        (III) storage technologies.
                                (viii) Reducing market barriers, including
                            nonhardware and information-based barriers, to
                            the adoption of solar energy technologies,
                            including impacts on, or challenges relating
                            to--
                                        (I) distributed and community solar
                                    technologies, including the development
                                    of best practices, models, and
                                    voluntary streamlined processes for
                                    local siting and permitting of
                                    distributed solar energy systems to
                                    reduce costs;
                                        (II) local communities, with
                                    special consideration given to
                                    economically distressed areas,
                                    previously disturbed lands such as
                                    landfills and former mines, and other
                                    areas disproportionately impacted by
                                    environmental pollution;
                                        (III) wildlife and wildlife
                                    habitats; and
                                        (IV) any other appropriate matter,
                                    as determined by the Secretary.
                                (ix) Transformational technologies for
                            harnessing solar energy.
                                (x) Other research areas that advance the
                            purposes of the program, as determined by the
                            Secretary.
                        (C) Prioritization.--In carrying out activities
                    under the program, the Secretary shall, to the maximum
                    extent practicable, give priority to projects that--
                                (i) are located in a geographically diverse
                            range of eligible entities;
                                (ii) support the development or
                            demonstration of projects--
                                        (I) in economically distressed
                                    areas and areas disproportionately
                                    impacted by pollution; or
                                        (II) that provide the greatest
                                    potential to reduce energy costs, as
                                    well as promote accessibility and
                                    community implementation of
                                    demonstrated technologies;
                                (iii) can be replicated in a variety of
                            regions and climates;
                                (iv) include business commercialization
                            plans that have the potential for--
                                        (I) domestic manufacturing and
                                    production of solar energy
                                    technologies; or
                                        (II) exports of solar energy
                                    technologies;
                                (v) are carried out in collaboration with
                            Tribal energy development organizations, Indian
                            Tribes, Tribal organizations, Native Hawaiian
                            community-based organizations, minority-serving
                            institutions, or territories or freely
                            associated States; and
                                (vi) with regards to workforce development,
                            activities that expand the number of
                            individuals from underrepresented groups
                            pursuing and attaining skills relevant to solar
                            energy.
                        (D) Coordination.--To the maximum extent
                    practicable, the Secretary shall coordinate activities
                    under the program with other relevant programs and
                    capabilities of the Department and other Federal
                    research programs.
                        (E) Use of funds.--To the extent that funding is
                    not otherwise available through other Federal programs
                    or power purchase agreements, funding awarded for
                    demonstration projects may be used for additional
                    nontechnology costs, as determined to be appropriate by
                    the Secretary, such as engineering or feasibility
                    studies.
                        (F) Solicitation.--Not less than once every two
                    years, the Secretary shall conduct a national
                    solicitation for applications for demonstration
                    projects under this section.
                (3) Advanced solar energy manufacturing initiative.--
                        (A) Grants.--In addition to the program activities
                    described in paragraph (2), in carrying out the
                    program, the Secretary shall award financial assistance
                    to eligible entities for research, development,
                    demonstration, and commercialization projects to
                    advance new solar energy manufacturing technologies and
                    techniques.
                        (B) Priority.--In awarding grants under
                    subparagraph (A), to the extent practicable, the
                    Secretary shall give priority to solar energy
                    manufacturing projects that--
                                (i) increase efficiency and cost
                            effectiveness in--
                                        (I) the manufacturing process; and
                                        (II) the use of resources, such as
                                    energy, water, and critical materials;
                                (ii) support domestic supply chains for
                            materials and components;
                                (iii) identify and incorporate nonhazardous
                            alternative materials for components and
                            devices;
                                (iv) operate in partnership with Tribal
                            energy development organizations, Indian
                            Tribes, Tribal organizations, Native Hawaiian
                            community-based organizations, minority-serving
                            institutions, or territories or freely
                            associated states; or
                                (v) are located in economically distressed
                            areas.
                        (C) Evaluation.--Not later than 3 years after the
                    date of enactment of this Act, and every 4 years
                    thereafter, the Secretary shall conduct, and make
                    available to the public and the relevant committees of
                    Congress, an independent review of the progress of the
                    grants awarded under subparagraph (A).
                (4) Solar energy technology recycling research,
            development, and demonstration program.--
                        (A) In general.--In addition to the program
                    activities described in paragraph (2), in carrying out
                    the program, the Secretary shall award financial
                    assistance to eligible entities for research,
                    development, demonstration, and commercialization
                    projects to create innovative and practical approaches
                    to increase the reuse and recycling of solar energy
                    technologies, including--
                                (i) by increasing the efficiency and cost
                            effectiveness of the recovery of raw materials
                            from solar energy technology components and
                            systems, including enabling technologies such
                            as inverters;
                                (ii) by minimizing potential environmental
                            impacts from the recovery and disposal
                            processes;
                                (iii) by advancing technologies and
                            processes for the disassembly and recycling of
                            solar energy devices;
                                (iv) by developing alternative materials,
                            designs, manufacturing processes, and other
                            aspects of solar energy technologies and the
                            disassembly and resource recovery process that
                            enable efficient, cost effective, and
                            environmentally responsible disassembly of, and
                            resource recovery from, solar energy
                            technologies; and
                                (v) strategies to increase consumer
                            acceptance of, and participation in, the
                            recycling of photovoltaic devices.
                        (B) Dissemination of results.--The Secretary shall
                    make available to the public and the relevant
                    committees of Congress the results of the projects
                    carried out through financial assistance awarded under
                    subparagraph (A), including--
                                (i) development of best practices or
                            training materials for use in the photovoltaics
                            manufacturing, design, installation,
                            refurbishing, disposal, or recycling
                            industries;
                                (ii) dissemination at industry conferences;
                                (iii) coordination with information
                            dissemination programs relating to recycling of
                            electronic devices in general;
                                (iv) demonstration projects; and
                                (v) educational materials.
                        (C) Priority.--In carrying out the activities
                    authorized under this subsection, the Secretary shall
                    give special consideration to projects that recover
                    critical materials.
                        (D) Sensitive information.--In carrying out the
                    activities authorized under this subsection, the
                    Secretary shall ensure proper security controls are in
                    place to protect proprietary or sensitive information,
                    as appropriate.
                (5) Solar energy technology materials physical property
            database.--
                        (A) In general.--Not later than September 1, 2022,
                    the Secretary shall establish a comprehensive physical
                    property database of materials for use in solar energy
                    technologies, which shall identify the type, quantity,
                    country of origin, source, significant uses, projected
                    availability, and physical properties of materials used
                    in solar energy technologies.
                        (B) Coordination.--In establishing the database
                    described in subparagraph (A), the Secretary shall
                    coordinate with--
                                (i) other Department activities, including
                            those carried out by the Office of Science;
                                (ii) the Director of the National Institute
                            of Standards and Technology;
                                (iii) the Administrator of the
                            Environmental Protection Agency;
                                (iv) the Secretary of the Interior; and
                                (v) relevant industry stakeholders, as
                            determined by the Secretary.
                (6) Solar energy technology program strategic vision.--
                        (A) In general.--Not later than September 1, 2022,
                    and every 6 years thereafter, the Secretary shall
                    submit to Congress a report on the strategic vision,
                    progress, goals, and targets of the program, including
                    assessments of solar energy markets and manufacturing.
                        (B) Inclusion.--As a part of the report described
                    in subparagraph (A), the Secretary shall include a
                    study that examines the viable market opportunities
                    available for solar energy technology manufacturing in
                    the United States, including--
                                (i) a description of--
                                        (I) the ability to competitively
                                    manufacture solar technology in the
                                    United States, including the
                                    manufacture of--
                                                (aa) new and advanced
                                            materials, such as cells made
                                            with new, high efficiency
                                            materials;
                                                (bb) solar module equipment
                                            and enabling technologies,
                                            including smart inverters,
                                            sensors, and tracking
                                            equipment; and
                                                (cc) innovative solar
                                            module designs and
                                            applications, including those
                                            that can directly integrate
                                            with new and existing buildings
                                            and other infrastructure; and
                                        (II) opportunities and barriers
                                    within the United States and
                                    international solar energy technology
                                    market;
                                (ii) policy recommendations for enhancing
                            solar energy technology manufacturing in the
                            United States;
                                (iii) a 10-year target and plan to enhance
                            the competitiveness of solar energy technology
                            manufacturing in the United States; and
                                (iv) any other research areas as determined
                            by the Secretary.
                        (C) Preparation.--The Secretary shall coordinate
                    the preparation of the report under subparagraph (A)
                    with--
                                (i) existing peer review processes;
                                (ii) studies conducted by the National
                            Laboratories; and
                                (iii) the multiyear program planning
                            required under section 994 of the Energy Policy
                            Act of 2005 (42 U.S.C. 16358).
                (7) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary to carry out the program
            $300,000,000 for each of fiscal years 2021 through 2025.

    SEC. 3005. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY
                  IMPROVEMENTS.

        (a) Hydroelectric Production Incentives.--Section 242 of the Energy
    Policy Act of 2005 (42 U.S.C. 15881) is amended--
                (1) in subsection (b), by striking paragraph (1) and
            inserting the following:
                ``(1) Qualified hydroelectric facility.--The term
            `qualified hydroelectric facility' means a turbine or other
            generating device owned or solely operated by a non-Federal
            entity--
                        ``(A) that generates hydroelectric energy for sale;
                    and
                        ``(B)(i) that is added to an existing dam or
                    conduit; or
                        ``(ii)(I) that has a generating capacity of not
                    more than 20 megawatts;
                        ``(II) for which the non-Federal entity has
                    received a construction authorization from the Federal
                    Energy Regulatory Commission, if applicable; and
                        ``(III) that is constructed in an area in which
                    there is inadequate electric service, as determined by
                    the Secretary, including by taking into consideration--
                                ``(aa) access to the electric grid;
                                ``(bb) the frequency of electric outages;
                            or
                                ``(cc) the affordability of electricity.'';
                (2) in subsection (c), by striking ``10'' and inserting
            ``22'';
                (3) in subsection (e)(2), by striking ``section
            29(d)(2)(B)'' and inserting ``section 45K(d)(2)(B)'';
                (4) in subsection (f), by striking ``20'' and inserting
            ``32''; and
                (5) in subsection (g), by striking ``each of the fiscal
            years 2006 through 2015'' and inserting ``each of fiscal years
            2021 through 2036''.
        (b) Hydroelectric Efficiency Improvement.--Section 243(c) of the
    Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended by striking
    ``each of the fiscal years 2006 through 2015'' and inserting ``each of
    fiscal years 2021 through 2036''.

    SEC. 3006. CONFORMING AMENDMENTS.

        (a) Renewable Energy and Energy Efficiency Technology
    Competitiveness Act of 1989.--
                (1) National goals and multi-year funding.--Section 4 of
            the Renewable Energy and Energy Efficiency Technology
            Competitiveness Act of 1989 (42 U.S.C. 12003) is amended--
                        (A) in the section heading, by striking ``wind,
                    photovoltaics, and solar thermal'' and inserting
                    ``alcohol from biomass and other technology'';
                        (B) in subsection (a)--
                                (i) in the matter preceding paragraph (1),
                            by striking ``wind, photovoltaics, and solar
                            thermal energy'' and inserting ``alcohol from
                            biomass and other energy technology'';
                                (ii) by striking paragraphs (1) through
                            (3);
                                (iii) by redesignating paragraphs (4) and
                            (5) as paragraphs (1) and (2), respectively;
                            and
                                (iv) in paragraph (2) (as so redesignated),
                            by striking ``Ocean'' and inserting ``Marine'';
                            and
                        (C) in subsection (c)--
                                (i) in the matter preceding paragraph (1)--
                                        (I) by striking ``the Wind Energy
                                    Research Program, the Photovoltaic
                                    Energy Systems Program, the Solar
                                    Thermal Energy Systems Program,''; and
                                        (II) by striking ``Ocean'' and
                                    inserting ``Marine'';
                                (ii) in paragraph (1)--
                                        (I) by striking subparagraph (A);
                                    and
                                        (II) by redesignating subparagraphs
                                    (B) and (C) as subparagraphs (A) and
                                    (B), respectively; and
                                (iii) in paragraph (2)--
                                        (I) by striking subparagraph (A);
                                    and
                                        (II) by redesignating subparagraphs
                                    (B) and (C) as subparagraphs (A) and
                                    (B), respectively.
                (2) Reports.--Section 9(c) of the Renewable Energy and
            Energy Efficiency Technology Competitiveness Act of 1989 (42
            U.S.C. 12006(c)) is amended by striking ``ocean,'' and
            inserting ``marine,''.
        (b) Energy Policy Act of 2005.--The Energy Policy Act of 2005 (42
    U.S.C. 15801 et seq.) is amended--
                (1) Assessment of renewable energy resources.--Section
            201(a) of the Energy Policy Act of 2005 (42 U.S.C. 15851(a)) is
            amended by striking ``ocean (including tidal, wave, current,
            and thermal)'' and inserting ``marine''.
                (2) Federal purchase requirement.--Section 203(b)(2) of the
            Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)) is amended--
                        (A) by inserting ``marine energy (as defined in
                    section 632 of the Energy Independence and Security Act
                    of 2007), or'' before ``electric energy''; and
                        (B) by striking ``ocean (including tidal, wave,
                    current, and thermal),''.
                (3) Renewable energy.--Section 931 of the Energy Policy Act
            of 2005 (42 U.S.C. 16231) is amended--
                        (A) in subsection (a)(2)--
                                (i) by striking subparagraphs (A) and (B);
                                (ii) by redesignating subparagraphs (C)
                            through (E) as subparagraphs (A) through (C),
                            respectively; and
                                (iii) in subparagraph (C)(i) (as so
                            redesignated), by striking ``ocean energy,
                            including wave energy'' and inserting ``marine
                            energy (as defined in section 632 of the Energy
                            Independence and Security Act of 2007)'';
                        (B) by striking subsection (d); and
                        (C) by redesignating subsections (e) through (g) as
                    subsections (d) through (f), respectively.
        (c) Energy Policy Act of 1992.--Section 1212 of the Energy Policy
    Act of 1992 (42 U.S.C. 13317) is amended--
                (1) in subsection (a)(4)(A)(i), by striking ``ocean
            (including tidal, wave, current, and thermal)'' and inserting
            ``marine energy (as defined in section 632 of the Energy
            Independence and Security Act of 2007)'';
                (2) in subsection (b), in the matter preceding paragraph
            (1), by striking ``ocean (including tidal, wave, current, and
            thermal)'' and inserting ``marine energy (as defined in section
            632 of the Energy Independence and Security Act of 2007)''; and
                (3) in subsection (e)(1), in the first sentence, by
            striking ``ocean (including tidal, wave, current, and
            thermal)'' and inserting ``marine energy (as defined in section
            632 of the Energy Independence and Security Act of 2007)''.
        (d) Federal Nonnuclear Energy Research and Development Act of
    1974.--Section 6(b)(3) of the Federal Nonnuclear Energy Research and
    Development Act of 1974 (42 U.S.C. 5905(b)(3)) is amended--
                (1) by striking subparagraph (L); and
                (2) by redesignating subparagraphs (M) through (S) as
            subparagraphs (L) through (R), respectively.
        (e) Solar Energy Research, Development, and Demonstration Act of
    1974.--
                (1) Repeal.--The Solar Energy Research, Development, and
            Demonstration Act of 1974 (42 U.S.C. 5551 et seq.) is repealed.
                (2) Savings provision.--The repeal of the Solar Energy
            Research, Development, and Demonstration Act of 1974 (42 U.S.C.
            5551 et seq.) under paragraph (1) shall not affect the
            authority of the Secretary of Energy to conduct research and
            development on solar energy.
        (f) Solar Photovoltaic Energy Research, Development, and
    Demonstration Act of 1978.--The Solar Photovoltaic Energy Research,
    Development, and Demonstration Act of 1978 (42 U.S.C. 5581 et seq.) is
    repealed.
        (g) Energy Independence and Security Act of 2007.--
                (1) Repeals.--Sections 606 and 607 of the Energy
            Independence and Security Act of 2007 (42 U.S.C. 17174, 17175)
            are repealed.
                (2) Conforming amendment.--The table of contents in section
            1(b) of the Energy Independence and Security Act of 2007
            (Public Law 110-140; 121 Stat. 1495) is amended by striking the
            items relating to sections 606 and 607.

                    Subtitle B--Natural Resources Provisions

    SEC. 3101. DEFINITIONS.

        In this subtitle:
                (1) Covered land.--The term ``covered land'' means land
            that is--
                        (A) Federal lands administered by the Secretary
                    concerned; and
                        (B) not excluded from the development of
                    geothermal, solar, or wind energy under--
                                (i) a land use plan; or
                                (ii) other Federal law.
                (2) Federal land.--The term ``Federal land'' means--
                        (A) public land as defined by section 103 of the
                    Federal Land Policy Management Act of 1976 (43 U.S.C.
                    1702); or
                        (B) land of the National Forest System (as defined
                    in section 11(a) of the Forest and Rangeland Renewable
                    Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
                (3) Land use plan.--The term ``land use plan'' means--
                        (A) for public land, a land use plan established
                    under the Federal Land Policy and Management Act of
                    1976 (43 U.S.C. 1701 et seq.); and
                        (B) for National Forest System land, a land
                    management plan approved, amended, or revised under
                    section 6 of the Forest and Rangeland Renewable
                    Resources Planning Act of 1974 (16 U.S.C. 1604).
                (4) Eligible project.--The term ``eligible project'' means
            a project carried out on covered land that uses wind, solar, or
            geothermal energy to generate energy.
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

    SEC. 3102. PROGRAM TO IMPROVE ELIGIBLE PROJECT PERMIT COORDINATION.

        (a) Establishment.--The Secretary shall establish a national
    Renewable Energy Coordination Office and State, district, or field
    offices, as appropriate, with responsibility to establish and implement
    a program to improve Federal permit coordination with respect to
    eligible projects on covered land and such other activities as the
    Secretary determines necessary. In carrying out the program, the
    Secretary may temporarily assign qualified staff to Renewable Energy
    Coordination Offices to expedite the permitting of eligible projects.
        (b) Memorandum of Understanding.--
                (1) In general.--Not later than 180 days after the date of
            the enactment of this Act, the Secretary shall enter into a
            memorandum of understanding for purposes of this section with--
                        (A) the Secretary of Agriculture;
                        (B) the Administrator of the Environmental
                    Protection Agency; and
                        (C) the Secretary of Defense.
                (2) State and tribal participation.--The Secretary may
            request the Governor of any interested State or any Tribal
            leader of any interested Indian Tribe (as defined in section 4
            of the Indian Self-Determination and Education Assistance Act
            (25 U.S.C. 5304)) to be a signatory to the memorandum of
            understanding under paragraph (1).
        (c) Designation of Qualified Staff.--
                (1) In general.--Not later than 30 days after the date on
            which the memorandum of understanding under subsection (b) is
            executed, all Federal signatories, as appropriate, shall
            identify for each of the Bureau of Land Management Renewable
            Energy Coordination Offices one or more employees who have
            expertise in the regulatory issues relating to the office in
            which the employee is employed, including, as applicable,
            particular expertise in--
                        (A) consultation regarding, and preparation of,
                    biological opinions under section 7 of the Endangered
                    Species Act of 1973 (16 U.S.C. 1536);
                        (B) permits under section 404 of the Federal Water
                    Pollution Control Act (33 U.S.C. 1344);
                        (C) regulatory matters under the Clean Air Act (42
                    U.S.C. 7401 et seq.);
                        (D) the Federal Land Policy and Management Act of
                    1976 (43 U.S.C. 1701 et seq.);
                        (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
                    seq.);
                        (F) the preparation of analyses under the National
                    Environmental Policy Act of 1969 (42 U.S.C. 4321 et
                    seq.);
                        (G) implementation of the requirements of section
                    306108 of title 54, United States Code (formerly known
                    as section 106 of the National Historic Preservation
                    Act);
                        (H) planning under section 14 of the National
                    Forest Management Act of 1976 (16 U.S.C. 472a);
                        (I) developing geothermal resources under the
                    Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);
                        (J) the Act of June 8, 1940 (16 U.S.C. 668 et seq.,
                    popularly known as the Bald and Golden Eagle Protection
                    Act); and
                        (K) section 100101(a), chapter 1003, and sections
                    100751(a), 100752, 100753 and 102101 of title 54,
                    United States Code (previously known as the National
                    Park Service Organic Act).
                (2) Duties.--Each employee assigned under paragraph (1)
            shall--
                        (A) be responsible for addressing all issues
                    relating to the jurisdiction of the home office or
                    agency of the employee; and
                        (B) participate as part of the team of personnel
                    working on proposed energy projects, planning,
                    monitoring, inspection, enforcement, and environmental
                    analyses.
        (d) Additional Personnel.--The Secretary may assign such additional
    personnel for the Bureau of Land Management Renewable Energy
    Coordination Offices as are necessary to ensure the effective
    implementation of any programs administered by the offices in
    accordance with the multiple use mandate of the Federal Land Policy and
    Management Act of 1976 (43 U.S.C. 1701 et seq.).
        (e) Transfer of Funds.--To facilitate the coordination and
    processing of eligible project permits on Federal land under the
    Renewable Energy Coordination Offices, the Secretary may authorize the
    expenditure or transfer of any funds that are necessary to--
                (1) the United States Fish and Wildlife Service;
                (2) the Bureau of Indian Affairs;
                (3) the Forest Service;
                (4) the Corps of Engineers;
                (5) the National Park Service;
                (6) the Environmental Protection Agency; or
                (7) the Department of Defense.
        (f) Report to Congress.--
                (1) In general.--Not later than February 1 of the first
            fiscal year beginning after the date of the enactment of this
            Act, and each February 1 thereafter, the Secretary shall submit
            to the Committee on Energy and Natural Resources and the
            Committee on Environment and Public Works of the Senate and the
            Committee on Natural Resources of the House of Representatives
            a report describing the progress made under the program
            established under subsection (a) during the preceding year.
                (2) Inclusions.--Each report under this subsection shall
            include--
                        (A) projections for renewable energy production and
                    capacity installations; and
                        (B) a description of any problems relating to
                    leasing, permitting, siting, or production.

    SEC. 3103. INCREASING ECONOMIC CERTAINTY.

        (a) Considerations.--The Secretary may consider acreage rental
    rates, capacity fees, and other recurring annual fees in total when
    evaluating existing rates paid for the use of Federal land by eligible
    projects.
        (b) Reductions in Base Rental Rates.--The Secretary may reduce
    acreage rental rates and capacity fees, or both, for existing and new
    wind and solar authorizations if the Secretary determines--
                (1) that the existing rates--
                        (A) exceed fair market value;
                        (B) impose economic hardships;
                        (C) limit commercial interest in a competitive
                    lease sale or right-of-way grant; or
                        (D) are not competitively priced compared to other
                    available land; or
                (2) that a reduced rental rate or capacity fee is necessary
            to promote the greatest use of wind and solar energy resources.

    SEC. 3104. NATIONAL GOAL FOR RENEWABLE ENERGY PRODUCTION ON FEDERAL
                  LAND.

        (a) In General.--Not later than September 1, 2022, the Secretary
    shall, in consultation with the Secretary of Agriculture and other
    heads of relevant Federal agencies, establish national goals for
    renewable energy production on Federal land.
        (b) Minimum Production Goal.--The Secretary shall seek to issue
    permits that, in total, authorize production of not less than 25
    gigawatts of electricity from wind, solar, and geothermal energy
    projects by not later than 2025, through management of public lands and
    administration of Federal laws.

    SEC. 3105. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND
                  GAS LEASES.

        Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
    1003(b)) is amended by adding at the end the following:
                ``(4) Land subject to oil and gas lease.--Land under an oil
            and gas lease issued pursuant to the Mineral Leasing Act (30
            U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
            Lands (30 U.S.C. 351 et seq.) that is subject to an approved
            application for permit to drill and from which oil and gas
            production is occurring may be available for noncompetitive
            leasing under subsection (c) by the holder of the oil and gas
            lease--
                        ``(A) on a determination that geothermal energy
                    will be produced from a well producing or capable of
                    producing oil and gas; and
                        ``(B) to provide for the coproduction of geothermal
                    energy with oil and gas.''.

    SEC. 3106. SAVINGS CLAUSE.

        Notwithstanding any other provision of this subtitle, the Secretary
    of the Interior and the Secretary of Agriculture shall continue to
    manage public lands under the principles of multiple use and sustained
    yield in accordance with the Federal Land Policy and Management Act of
    1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable
    Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), respectively,
    including for due consideration of mineral and nonrenewable energy-
    related projects and other nonrenewable energy uses, for the purposes
    of land use planning, permit processing, and conducting environmental
    reviews.

                           Subtitle C--Energy Storage

    SEC. 3201. BETTER ENERGY STORAGE TECHNOLOGY.

        (a) Definitions.--In this section:
                (1) Energy storage system.--The term ``energy storage
            system'' means any system, equipment, facility, or technology
            that--
                        (A) is capable of absorbing or converting energy,
                    storing the energy for a period of time, and
                    dispatching the energy; and
                        (B)(i) uses mechanical, electrochemical, thermal,
                    electrolysis, or other processes to convert and store
                    electric energy that was generated at an earlier time
                    for use at a later time;
                        (ii) uses mechanical, electrochemical, biochemical,
                    or thermal processes to convert and store energy
                    generated from mechanical processes that would
                    otherwise be wasted, for delivery at a later time; or
                        (iii) stores energy in an electric, thermal, or
                    gaseous state for direct use for heating or cooling at
                    a later time in a manner that avoids the need to use
                    electricity or other fuel sources at that later time,
                    such as a grid-enabled water heater.
                (2) Program.--The term ``program'' means the Energy Storage
            System Research, Development, and Deployment Program
            established under subsection (b)(1).
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of Energy.
        (b) Energy Storage System Research, Development, and Deployment
    Program.--
                (1) Establishment.--Not later than 180 days after the date
            of enactment of this Act, the Secretary shall establish a
            program, to be known as the Energy Storage System Research,
            Development, and Deployment Program.
                (2) Initial program objectives.--The program shall focus on
            research, development, and deployment of--
                        (A) energy storage systems, components, and
                    materials designed to further the development of
                    technologies--
                                (i) for large-scale commercial deployment;
                                (ii) for deployment at cost targets
                            established by the Secretary;
                                (iii) for hourly and subhourly durations
                            required to provide reliability services to the
                            grid;
                                (iv) for daily durations, which have the
                            capacity to discharge energy for a minimum of 6
                            hours;
                                (v) for weekly or monthly durations, which
                            have the capacity to discharge energy for 10 to
                            100 hours, at a minimum; and
                                (vi) for seasonal durations, which have the
                            capability to address seasonal variations in
                            supply and demand;
                        (B) distributed energy storage technologies and
                    applications, including building-grid integration;
                        (C) long-term cost, performance, and demonstration
                    targets for different types of energy storage systems
                    and for use in a variety of regions, including rural
                    areas;
                        (D) transportation energy storage technologies and
                    applications, including vehicle-grid integration;
                        (E) cost-effective systems and methods for--
                                (i) the sustainable and secure sourcing,
                            reclamation, recycling, and disposal of energy
                            storage systems, including critical minerals;
                            and
                                (ii) the reuse and repurposing of energy
                            storage system technologies;
                        (F) advanced control methods for energy storage
                    systems;
                        (G) pumped hydroelectric energy storage systems to
                    advance--
                                (i) adoption of innovative technologies,
                            including--
                                        (I) systems with adjustable-speed
                                    and other new pumping and generating
                                    equipment designs;
                                        (II) modular systems;
                                        (III) closed-loop systems,
                                    including mines and quarries; and
                                        (IV) other innovative equipment and
                                    materials as determined by the
                                    Secretary; and
                                (ii) reductions of civil works costs and
                            construction times for hydropower and pumped
                            storage systems, including comprehensive data
                            and systems analysis of hydropower and pumped
                            storage construction technologies and processes
                            in order to identify areas for whole-system
                            efficiency gains;
                        (H) models and tools to demonstrate the costs and
                    benefits of energy storage to--
                                (i) power and water supply systems;
                                (ii) electric generation portfolio
                            optimization; and
                                (iii) expanded deployment of other
                            renewable energy technologies, including in
                            integrated energy storage systems;
                        (I) energy storage use cases from individual and
                    combination technology applications, including value
                    from various-use cases and energy storage services; and
                        (J) advanced manufacturing technologies that have
                    the potential to improve United States competitiveness
                    in energy storage manufacturing or reduce United States
                    dependence on critical materials.
                (3) Testing and validation.--In coordination with 1 or more
            National Laboratories, the Secretary shall support the
            development, standardized testing, and validation of energy
            storage systems under the program, including test-bed and field
            trials, by developing testing and evaluation methodologies
            for--
                        (A) storage technologies, controls, and power
                    electronics for energy storage systems under a variety
                    of operating conditions;
                        (B) standardized and grid performance testing for
                    energy storage systems, materials, and technologies
                    during each stage of development;
                        (C) reliability, safety, degradation, and
                    durability testing under standard and evolving duty
                    cycles; and
                        (D) accelerated life testing protocols to predict
                    estimated lifetime metrics with accuracy.
                (4) Periodic evaluation of program objectives.--Not less
            frequently than once every calendar year, the Secretary shall
            evaluate and, if necessary, update the program objectives to
            ensure that the program continues to advance energy storage
            systems toward widespread commercial deployment by lowering the
            costs and increasing the duration of energy storage resources.
                (5) Energy storage strategic plan.--
                        (A) In general.--The Secretary shall develop a 10-
                    year strategic plan for the program, and update the
                    plan, in accordance with this paragraph.
                        (B) Contents.--The strategic plan developed under
                    subparagraph (A) shall--
                                (i) be coordinated with and integrated
                            across other relevant offices in the
                            Department;
                                (ii) to the extent practicable, include
                            metrics that can be used to evaluate storage
                            technologies;
                                (iii) identify Department programs that--
                                        (I) support the research and
                                    development activities described in
                                    paragraph (2) and the demonstration
                                    projects under subsection (c); and
                                        (II)(aa) do not support the
                                    activities or projects described in
                                    subclause (I); but
                                        (bb) are important to the
                                    development of energy storage systems
                                    and the mission of the Department, as
                                    determined by the Secretary;
                                (iv) include expected timelines for--
                                        (I) the accomplishment of relevant
                                    objectives under current programs of
                                    the Department relating to energy
                                    storage systems; and
                                        (II) the commencement of any new
                                    initiatives within the Department
                                    relating to energy storage systems to
                                    accomplish those objectives; and
                                (v) incorporate relevant activities
                            described in the Grid Modernization Initiative
                            Multi-Year Program Plan.
                        (C) Submission to congress.--Not later than 180
                    days after the date of enactment of this Act, the
                    Secretary shall submit to the Committee on Energy and
                    Natural Resources of the Senate and the Committees on
                    Energy and Commerce and Science, Space, and Technology
                    of the House of Representatives the strategic plan
                    developed under subparagraph (A).
                        (D) Updates to plan.--The Secretary--
                                (i) shall annually review the strategic
                            plan developed under subparagraph (A); and
                                (ii) may periodically revise the strategic
                            plan as appropriate.
                (6) Leveraging of resources.--The program may be led by a
            specific office of the Department, but shall be cross-cutting
            in nature, so that in carrying out activities under the
            program, the Secretary (or a designee of the Secretary charged
            with leading the program) shall leverage existing Federal
            resources, including, at a minimum, the expertise and resources
            of--
                        (A) the Office of Electricity;
                        (B) the Office of Energy Efficiency and Renewable
                    Energy, including the Water Power Technologies Office;
                    and
                        (C) the Office of Science, including--
                                (i) the Basic Energy Sciences Program;
                                (ii) the Advanced Scientific Computing
                            Research Program;
                                (iii) the Biological and Environmental
                            Research Program; and
                        (D) the Electricity Storage Research Initiative
                    established under section 975 of the Energy Policy Act
                    of 2005 (42 U.S.C. 16315).
                (7) Protecting privacy and security.--In carrying out this
            subsection, the Secretary shall identify, incorporate, and
            follow best practices for protecting the privacy of individuals
            and businesses and the respective sensitive data of the
            individuals and businesses, including by managing privacy risk
            and implementing the Fair Information Practice Principles of
            the Federal Trade Commission for the collection, use,
            disclosure, and retention of individual electric consumer
            information in accordance with the Office of Management and
            Budget Circular A-130 (or successor circulars).
        (c) Energy Storage Demonstration Projects; Pilot Grant Program.--
                (1) Demonstration projects.--Not later than September 30,
            2023, the Secretary shall, to the maximum extent practicable,
            enter into agreements to carry out 3 energy storage system
            demonstration projects, including at least 1 energy storage
            system demonstration project designed to further the
            development of technologies described in clause (v) or (vi) of
            subsection (b)(2)(A).
                (2) Energy storage pilot grant program.--
                        (A) Definition of eligible entity.--In this
                    paragraph, the term ``eligible entity'' means--
                                (i) a State energy office (as defined in
                            section 124(a) of the Energy Policy Act of 2005
                            (42 U.S.C. 15821(a)));
                                (ii) an Indian Tribe (as defined in section
                            4 of the Native American Housing Assistance and
                            Self-Determination Act of 1996 (25 U.S.C.
                            4103);
                                (iii) a Tribal organization (as defined in
                            section 3765 of title 38, United States Code);
                                (iv) an institution of higher education (as
                            defined in section 101 of the Higher Education
                            Act of 1965 (20 U.S.C. 1001));
                                (v) an electric utility, including--
                                        (I) an electric cooperative;
                                        (II) a political subdivision of a
                                    State, such as a municipally owned
                                    electric utility, or any agency,
                                    authority, corporation, or
                                    instrumentality of a State political
                                    subdivision; and
                                        (III) an investor-owned utility;
                                    and
                                (vi) a private energy storage company.
                        (B) Establishment.--The Secretary shall establish a
                    competitive grant program under which the Secretary
                    shall award grants to eligible entities to carry out
                    demonstration projects for pilot energy storage
                    systems.
                        (C) Selection requirements.--In selecting eligible
                    entities to receive a grant under subparagraph (B), the
                    Secretary shall, to the maximum extent practicable--
                                (i) ensure regional diversity among
                            eligible entities awarded grants, including
                            ensuring participation of eligible entities
                            that are rural States and States with high
                            energy costs;
                                (ii) ensure that grants are awarded for
                            demonstration projects that--
                                        (I) expand on the existing
                                    technology demonstration programs of
                                    the Department;
                                        (II) are designed to achieve 1 or
                                    more of the objectives described in
                                    subparagraph (D); and
                                        (III) inject or withdraw energy
                                    from the bulk power system, electric
                                    distribution system, building energy
                                    system, or microgrid (grid-connected or
                                    islanded mode) where the project is
                                    located;
                                (iii) give consideration to proposals from
                            eligible entities for securing energy storage
                            through competitive procurement or contract for
                            service; and
                                (iv) prioritize projects that leverage
                            matching funds from non-Federal sources.
                        (D) Objectives.--Each demonstration project carried
                    out by a grant awarded under subparagraph (B) shall
                    have 1 or more of the following objectives:
                                (i) To improve the security of critical
                            infrastructure and emergency response systems.
                                (ii) To improve the reliability of
                            transmission and distribution systems,
                            particularly in rural areas, including high-
                            energy cost rural areas.
                                (iii) To optimize transmission or
                            distribution system operation and power quality
                            to defer or avoid costs of replacing or
                            upgrading electric grid infrastructure,
                            including transformers and substations.
                                (iv) To supply energy at peak periods of
                            demand on the electric grid or during periods
                            of significant variation of electric grid
                            supply.
                                (v) To reduce peak loads of homes and
                            businesses.
                                (vi) To improve and advance power
                            conversion systems.
                                (vii) To provide ancillary services for
                            grid stability and management.
                                (viii) To integrate renewable energy
                            resource production.
                                (ix) To increase the feasibility of
                            microgrids (grid-connected or islanded mode).
                                (x) To enable the use of stored energy in
                            forms other than electricity to support the
                            natural gas system and other industrial
                            processes.
                                (xi) To integrate fast charging of electric
                            vehicles.
                                (xii) To improve energy efficiency.
                (3) Reports.--Not less frequently than once every 3 years
            for the duration of the programs under paragraphs (1) and (2),
            the Secretary shall submit to Congress and make publicly
            available a report describing the performance of those
            programs.
                (4) No project ownership interest.--The Federal Government
            shall not hold any equity or other ownership interest in any
            energy storage system that is part of a project under this
            subsection unless the holding is agreed to by each participant
            of the project.
        (d) Long-duration Demonstration Initiative and Joint Program.--
                (1) Definitions.--In this subsection:
                        (A) Initiative.--The term ``Initiative'' means the
                    demonstration initiative established under paragraph
                    (2).
                        (B) Joint program.--The term ``Joint Program''
                    means the joint program established under paragraph
                    (4).
                (2) Establishment of initiative.--Not later than 180 days
            after the date of enactment of this Act, the Secretary shall
            establish a demonstration initiative composed of demonstration
            projects focused on the development of long-duration energy
            storage technologies.
                (3) Selection of projects.--To the maximum extent
            practicable, in selecting demonstration projects to participate
            in the Initiative, the Secretary shall--
                        (A) ensure a range of technology types;
                        (B) ensure regional diversity among projects; and
                        (C) consider bulk power level, distribution power
                    level, behind-the-meter, microgrid (gridconnected or
                    islanded mode), and off-grid applications.
                (4) Joint program.--
                        (A) Establishment.--As part of the Initiative, the
                    Secretary, in consultation with the Secretary of
                    Defense, shall establish within the Department a joint
                    program to carry out projects--
                                (i) to demonstrate promising long-duration
                            energy storage technologies at different
                            scales; and
                                (ii) to help new, innovative long-duration
                            energy storage technologies become commercially
                            viable.
                        (B) Memorandum of understanding.--Not later than
                    200 days after the date of enactment of this Act, the
                    Secretary shall enter into a memorandum of
                    understanding with the Secretary of Defense to
                    administer the Joint Program.
                        (C) Infrastructure.--In carrying out the Joint
                    Program, the Secretary and the Secretary of Defense
                    shall--
                                (i) use existing test-bed infrastructure
                            at--
                                        (I) Department facilities; and
                                        (II) Department of Defense
                                    installations; and
                                (ii) develop new infrastructure for
                            identified projects, if appropriate.
                        (D) Goals and metrics.--The Secretary and the
                    Secretary of Defense shall develop goals and metrics
                    for technological progress under the Joint Program
                    consistent with energy resilience and energy security
                    policies.
                        (E) Selection of projects.--
                                (i) In general.--To the maximum extent
                            practicable, in selecting projects to
                            participate in the Joint Program, the Secretary
                            and the Secretary of Defense shall--
                                        (I) ensure that projects are
                                    carried out under conditions that
                                    represent a variety of environments
                                    with different physical conditions and
                                    market constraints; and
                                        (II) ensure an appropriate balance
                                    of--
                                                (aa) larger, higher-cost
                                            projects; and
                                                (bb) smaller, lower-cost
                                            projects.
                                (ii) Priority.--In carrying out the Joint
                            Program, the Secretary and the Secretary of
                            Defense shall give priority to demonstration
                            projects that--
                                        (I) make available to the public
                                    project information that will
                                    accelerate deployment of long-duration
                                    energy storage technologies; and
                                        (II) will be carried out in the
                                    field.
        (e) Critical Material Recycling and Reuse Research, Development,
    and Demonstration Program.--The United States Energy Storage
    Competitiveness Act of 2007 (42 U.S.C. 17231) is amended by adding at
    the end the following:
        ``(q) Critical Material Recycling and Reuse Research, Development,
    and Demonstration Program.--
                ``(1) Definitions.--In this subsection:
                        ``(A) Critical material.--The term `critical
                    material' has the meaning given the term in 7002 of the
                    Energy Act of 2020.
                        ``(B) Critical material recycling.--The term
                    `critical material recycling' means the separation and
                    recovery of critical materials embedded within an
                    energy storage system through physical or chemical
                    means for the purpose of reuse of those critical
                    materials in other technologies.
                ``(2) Establishment.--Not later than 180 days after the
            date of enactment of this subsection, the Secretary shall
            establish a research, development, and demonstration program
            for critical material recycling and reuse of energy storage
            systems containing critical materials.
                ``(3) Research, development, and demonstration.--In
            carrying out the program established under paragraph (1), the
            Secretary shall conduct--
                        ``(A) research, development, and demonstration
                    activities for--
                                ``(i) technologies, process improvements,
                            and design optimizations that facilitate and
                            promote critical material recycling of energy
                            storage systems, including separation and
                            sorting of component materials of such systems,
                            and extraction, recovery, and reuse of critical
                            materials from such systems;
                                ``(ii) technologies and methods that
                            mitigate emissions and environmental impacts
                            that arise from critical material recycling,
                            including disposal of toxic reagents and
                            byproducts related to critical material
                            recycling processes;
                                ``(iii) technologies to enable extraction,
                            recovery, and reuse of energy storage systems
                            from electric vehicles and critical material
                            recycling from such vehicles; and
                                ``(iv) technologies and methods to enable
                            the safe transport, storage, and disposal of
                            energy storage systems containing critical
                            materials, including waste materials and
                            components recovered during the critical
                            material recycling process; and
                        ``(B) research on nontechnical barriers to improve
                    the collection and critical material recycling of
                    energy storage systems, including strategies to improve
                    consumer education of, acceptance of, and participation
                    in, the critical material recycling of energy storage
                    systems.
                ``(4) Report to congress.--Not later than 2 years after the
            date of enactment of this subsection, and every 3 years
            thereafter, the Secretary shall submit to the Committee on
            Science, Space, and Technology and the Committee on Energy and
            Commerce of the House of Representatives and the Committee on
            Energy and Natural Resources of the Senate a report summarizing
            the activities, findings, and progress of the program.''.
        (f) Coordination.--To the maximum extent practicable, the Secretary
    shall coordinate the activities under this section (including
    activities conducted pursuant to the amendments made by this section)
    among the offices and employees of the Department, other Federal
    agencies, and other relevant entities--
                (1) to ensure appropriate collaboration;
                (2) to avoid unnecessary duplication of those activities;
            and
                (3) to increase domestic manufacturing and production of
            energy storage systems, such as those within the Department and
            within the National Institute of Standards and Technology.
        (g) Authorization of Appropriations.--There are authorized to be
    appropriated--
                (1) to carry out subsection (b), $100,000,000 for each of
            fiscal years 2021 through 2025, to remain available until
            expended;
                (2) to carry out subsection (c), $71,000,000 for each of
            fiscal years 2021 through 2025, to remain available until
            expended; and
                (3) to carry out subsection (d), $30,000,000 for each of
            fiscal years 2021 through 2025, to remain available until
            expended.

    SEC. 3202. ENERGY STORAGE TECHNOLOGY AND MICROGRID ASSISTANCE PROGRAM.

        (a) Definitions.--In this section:
                (1) Eligible entity.--The term ``eligible entity'' means--
                        (A) a rural electric cooperative;
                        (B) an agency, authority, or instrumentality of a
                    State or political subdivision of a State that sells or
                    otherwise uses electrical energy to provide electric
                    services for customers; or
                        (C) a nonprofit organization working with at least
                    6 entities described in subparagraph (A) or (B).
                (2) Energy storage technology.--The term ``energy storage
            technology'' includes grid-enabled water heaters, building
            heating or cooling systems, electric vehicles, the production
            of hydrogen for transportation or industrial use, or other
            technologies that store energy.
                (3) Microgrid.--The term ``microgrid'' means a localized
            grid that operates autonomously regardless of whether the grid
            can operate in connection with another grid.
                (4) Renewable energy source.--The term ``renewable energy
            source'' has the meaning given the term in section 609(a) of
            the Public Utility Regulatory Policies Act of 1978 (7 U.S.C.
            918c(a)).
                (5) Rural electric cooperative.--The term ``rural electric
            cooperative'' means an electric cooperative (as defined in
            section 3 of the Federal Power Act (16 U.S.C. 796)) that sells
            electric energy to persons in rural areas.
                (6) Secretary.--The term ``Secretary'' means the Secretary
            of Energy.
        (b) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary shall establish a program under
    which the Secretary shall--
                (1) provide grants to eligible entities under subsection
            (d);
                (2) provide technical assistance to eligible entities under
            subsection (e); and
                (3) disseminate information to eligible entities on--
                        (A) the activities described in subsections (d)(1)
                    and (e); and
                        (B) potential and existing energy storage
                    technology and microgrid projects.
        (c) Cooperative Agreement.--The Secretary may enter into a
    cooperative agreement with an eligible entity to carry out subsection
    (b).
        (d) Grants.--
                (1) In general.--The Secretary may award grants to eligible
            entities for identifying, evaluating, designing, and
            demonstrating energy storage technology and microgrid projects
            that utilize energy from renewable energy sources.
                (2) Application.--To be eligible to receive a grant under
            paragraph (1), an eligible entity shall submit to the Secretary
            an application at such time, in such manner, and containing
            such information as the Secretary may require.
                (3) Use of grant.--An eligible entity that receives a grant
            under paragraph (1)--
                        (A) shall use the grant--
                                (i) to conduct feasibility studies to
                            assess the potential for implementation or
                            improvement of energy storage technology or
                            microgrid projects;
                                (ii) to analyze and implement strategies to
                            overcome barriers to energy storage technology
                            or microgrid project implementation, including
                            financial, contracting, siting, and permitting
                            barriers;
                                (iii) to conduct detailed engineering of
                            energy storage technology or microgrid
                            projects;
                                (iv) to perform a cost-benefit analysis
                            with respect to an energy storage technology or
                            microgrid project;
                                (v) to plan for both the short- and long-
                            term inclusion of energy storage technology or
                            microgrid projects into the future development
                            plans of the eligible entity; or
                                (vi) to purchase and install necessary
                            equipment, materials, and supplies for
                            demonstration of emerging technologies; and
                        (B) may use the grant to obtain technical
                    assistance from experts in carrying out the activities
                    described in subparagraph (A).
                (4) Condition.--As a condition of receiving a grant under
            paragraph (1), an eligible entity shall--
                        (A) implement a public awareness campaign, in
                    coordination with the Secretary, about the project
                    implemented under the grant in the community in which
                    the eligible entity is located, which campaign shall
                    include providing projected environmental benefits
                    achieved under the project, where to find more
                    information about the program established under this
                    section, and any other information the Secretary
                    determines necessary;
                        (B) submit to the Secretary, and make available to
                    the public, a report that describes--
                                (i) any energy cost savings and
                            environmental benefits achieved under the
                            project; and
                                (ii) the results of the project, including
                            quantitative assessments to the extent
                            practicable, associated with each activity
                            described in paragraph (3)(A); and
                        (C) create and disseminate tools and resources that
                    will benefit other rural electric cooperatives, which
                    may include cost calculators, guidebooks, handbooks,
                    templates, and training courses.
                (5) Cost-share.--Activities under this subsection shall be
            subject to the cost-sharing requirements of section 988 of the
            Energy Policy Act of 2005 (42 U.S.C. 16352).
        (e) Technical Assistance.--
                (1) In general.--In carrying out the program established
            under subsection (b), the Secretary may provide eligible
            entities with technical assistance relating to--
                        (A) identifying opportunities for energy storage
                    technology and microgrid projects;
                        (B) understanding the technical and economic
                    characteristics of energy storage technology or
                    microgrid projects;
                        (C) understanding financing alternatives;
                        (D) permitting and siting issues;
                        (E) obtaining case studies of similar and
                    successful energy storage technology or microgrid
                    projects;
                        (F) reviewing and obtaining computer software for
                    assessment, design, and operation and maintenance of
                    energy storage technology or microgrid systems; and
                        (G) understanding and utilizing the reliability and
                    resiliency benefits of energy storage technology and
                    microgrid projects.
                (2) External contracts.--In carrying out paragraph (1), the
            Secretary may enter into contracts with third-party experts,
            including engineering, finance, and insurance experts, to
            provide technical assistance to eligible entities relating to
            the activities described in such paragraph, or other relevant
            activities, as determined by the Secretary.
        (f) Authorization of Appropriations.--
                (1) In general.--There is authorized to be appropriated to
            carry out this section $15,000,000 for each of fiscal years
            2021 through 2025.
                (2) Administrative costs.--Not more than 5 percent of the
            amount appropriated under paragraph (1) for each fiscal year
            shall be used for administrative expenses.

                          TITLE IV--CARBON MANAGEMENT

    SEC. 4001. FOSSIL ENERGY.

        Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C.
    16291(a)) is amended--
                (1) by redesignating paragraphs (1) through (7) as
            subparagraphs (A) through (G), respectively, and indenting
            appropriately;
                (2) in subparagraph (F) (as so redesignated), by inserting
            ``, including technology development to reduce emissions of
            carbon dioxide and associated emissions of heavy metals within
            coal combustion residues and gas streams resulting from fossil
            fuel use and production'' before the period at the end;
                (3) by striking subparagraph (G) (as so redesignated) and
            inserting the following:
                        ``(G) Increasing the export of fossil energy-
                    related equipment, technology, including emissions
                    control technologies, and services from the United
                    States.
                        ``(H) Decreasing the cost of emissions control
                    technologies for fossil energy production, generation,
                    and delivery.
                        ``(I) Significantly lowering greenhouse gas
                    emissions for all fossil fuel production, generation,
                    delivery, and utilization technologies.
                        ``(J) Developing carbon removal and utilization
                    technologies, products, and methods that result in net
                    reductions in greenhouse gas emissions, including
                    direct air capture and storage, and carbon use and
                    reuse for commercial application.
                        ``(K) Improving the conversion, use, and storage of
                    carbon oxides produced from fossil fuels.
                        ``(L) Reducing water use, improving water reuse,
                    and minimizing surface and subsurface environmental
                    impact in the development of unconventional domestic
                    oil and natural gas resources.'';
                (4) by striking the subsection designation and all that
            follows through ``The Secretary'' in the first sentence of the
            matter preceding subparagraph (A) (as so redesignated) and
            inserting the following:
        ``(a) Establishment.--
                ``(1) In general.--The Secretary'';
                (5) in paragraph (1) (as so designated), in the second
            sentence of the matter preceding subparagraph (A) (as so
            redesignated), by striking ``Such programs'' and inserting the
            following:
                ``(2) Objectives.--The programs described in paragraph (1)
            shall''; and
                (6) by adding at the end the following:
                ``(3) Priority.--In carrying out the objectives described
            in subparagraphs (F) through (K) of paragraph (2), the
            Secretary shall prioritize activities and strategies that have
            the potential to significantly reduce emissions for each
            technology relevant to the applicable objective and the
            international commitments of the United States.''.

    SEC. 4002. ESTABLISHMENT OF CARBON CAPTURE TECHNOLOGY PROGRAM.

        (a) In General.--The Energy Policy Act of 2005 is amended by
    striking section 962 (42 U.S.C. 16292) and inserting the following:

    ``SEC. 962. CARBON CAPTURE TECHNOLOGY PROGRAM.

        ``(a) Definitions.--In this section:
                ``(1) Large-scale pilot project.--The term `large-scale
            pilot project' means a pilot project that--
                        ``(A) represents the scale of technology
                    development beyond laboratory development and bench
                    scale testing, but not yet advanced to the point of
                    being tested under real operational conditions at
                    commercial scale;
                        ``(B) represents the scale of technology necessary
                    to gain the operational data needed to understand the
                    technical and performance risks of the technology
                    before the application of that technology at commercial
                    scale or in commercial-scale demonstration; and
                        ``(C) is large enough--
                                ``(i) to validate scaling factors; and
                                ``(ii) to demonstrate the interaction
                            between major components so that control
                            philosophies for a new process can be developed
                            and enable the technology to advance from
                            large-scale pilot project application to
                            commercial-scale demonstration or application.
                ``(2) Natural gas.--The term `natural gas' means any fuel
            consisting in whole or in part of--
                        ``(A) natural gas;
                        ``(B) liquid petroleum gas;
                        ``(C) synthetic gas derived from petroleum or
                    natural gas liquids;
                        ``(D) any mixture of natural gas and synthetic gas;
                    or
                        ``(E) biomethane.
                ``(3) Natural gas electric generation facility.--
                        ``(A) In general.--The term `natural gas electric
                    generation facility' means a facility that generates
                    electric energy using natural gas as the fuel.
                        ``(B) Inclusions.--The term `natural gas electric
                    generation facility' includes without limitation a new
                    or existing--
                                ``(i) simple cycle plant;
                                ``(ii) combined cycle plant;
                                ``(iii) combined heat and power plant; or
                                ``(iv) steam methane reformer that produces
                            hydrogen from natural gas for use in the
                            production of electric energy.
                ``(4) Program.--The term `program' means the program
            established under subsection (b)(1).
                ``(5) Transformational technology.--
                        ``(A) In general.--The term `transformational
                    technology' means a technology that represents a
                    significant change in the methods used to convert
                    energy that will enable a step change in performance,
                    efficiency, cost of electricity, and reduction of
                    emissions as compared to the technology in existence on
                    the date of enactment of the Energy Act of 2020.
                        ``(B) Inclusions.--The term `transformational
                    technology' includes a broad range of potential
                    technology improvements, including--
                                ``(i) thermodynamic improvements in energy
                            conversion and heat transfer, including--
                                        ``(I) advanced combustion systems,
                                    including oxygen combustion systems and
                                    chemical looping; and
                                        ``(II) the replacement of steam
                                    cycles with supercritical carbon
                                    dioxide cycles;
                                ``(ii) improvements in steam or carbon
                            dioxide turbine technology;
                                ``(iii) improvements in carbon capture,
                            utilization, and storage systems technology;
                                ``(iv) improvements in small-scale and
                            modular coal-fired technologies with reduced
                            carbon output or carbon capture that can
                            support incremental power generation capacity
                            additions;
                                ``(v) fuel cell technologies for low-cost,
                            high-efficiency modular power systems;
                                ``(vi) advanced gasification systems;
                                ``(vii) thermal cycling technologies; and
                                ``(viii) any other technology the Secretary
                            recognizes as transformational technology.
        ``(b) Carbon Capture Technology Program.--
                ``(1) In general.--The Secretary shall establish a carbon
            capture technology program for the development of
            transformational technologies that will significantly improve
            the efficiency, effectiveness, costs, emissions reductions, and
            environmental performance of coal and natural gas use,
            including in manufacturing and industrial facilities.
                ``(2) Requirements.--The program shall include--
                        ``(A) a research and development program;
                        ``(B) large-scale pilot projects;
                        ``(C) demonstration projects, in accordance with
                    paragraph (4); and
                        ``(D) a front-end engineering and design program.
                ``(3) Program goals and objectives.--In consultation with
            the interested entities described in paragraph (6)(C), the
            Secretary shall develop goals and objectives for the program to
            be applied to the transformational technologies developed
            within the program, taking into consideration the following:
                        ``(A) Increasing the performance of coal electric
                    generation facilities and natural gas electric
                    generation facilities, including by--
                                ``(i) ensuring reliable, low-cost power
                            from new and existing coal electric generation
                            facilities and natural gas electric generation
                            facilities;
                                ``(ii) achieving high conversion
                            efficiencies;
                                ``(iii) addressing emissions of carbon
                            dioxide and other air pollutants;
                                ``(iv) developing small-scale and modular
                            technologies to support incremental capacity
                            additions and load following generation, in
                            addition to large-scale generation
                            technologies;
                                ``(v) supporting dispatchable operations
                            for new and existing applications of coal and
                            natural gas generation; and
                                ``(vi) accelerating the development of
                            technologies that have transformational energy
                            conversion characteristics.
                        ``(B) Using carbon capture, utilization, and
                    sequestration technologies to decrease the carbon
                    dioxide emissions, and the environmental impact from
                    carbon dioxide emissions, from new and existing coal
                    electric generation facilities and natural gas electric
                    generation facilities, including by--
                                ``(i) accelerating the development,
                            deployment, and commercialization of
                            technologies to capture and sequester carbon
                            dioxide emissions from new and existing coal
                            electric generation facilities and natural gas
                            electric generation facilities;
                                ``(ii) supporting sites for safe geological
                            storage of large volumes of anthropogenic
                            sources of carbon dioxide and the development
                            of the infrastructure needed to support a
                            carbon dioxide utilization and storage
                            industry;
                                ``(iii) improving the conversion,
                            utilization, and storage of carbon dioxide
                            produced from fossil fuels and other
                            anthropogenic sources of carbon dioxide;
                                ``(iv) lowering greenhouse gas emissions
                            for all fossil fuel production, generation,
                            delivery, and use, to the maximum extent
                            practicable;
                                ``(v) developing carbon utilization
                            technologies, products, and methods, including
                            carbon use and reuse for commercial
                            application;
                                ``(vi) developing net-negative carbon
                            dioxide emissions technologies; and
                                ``(vii) developing technologies for the
                            capture of carbon dioxide produced during the
                            production of hydrogen from natural gas.
                        ``(C) Decreasing the non-carbon dioxide relevant
                    environmental impacts of coal and natural gas
                    production, including by--
                                ``(i) further reducing non-carbon dioxide
                            air emissions; and
                                ``(ii) reducing the use, and managing the
                            discharge, of water in power plant operations.
                        ``(D) Accelerating the development of technologies
                    to significantly decrease emissions from manufacturing
                    and industrial facilities, including--
                                ``(i) nontraditional fuel manufacturing
                            facilities, including ethanol or other biofuel
                            production plants or hydrogen production
                            plants; and
                                ``(ii) energy-intensive manufacturing
                            facilities that produce carbon dioxide as a
                            byproduct of operations.
                        ``(E) Entering into cooperative agreements to carry
                    out and expedite demonstration projects (including
                    pilot projects) to demonstrate the technical and
                    commercial viability of technologies to reduce carbon
                    dioxide emissions released from coal electric
                    generation facilities and natural gas electric
                    generation facilities for commercial deployment.
                        ``(F) Identifying any barriers to the commercial
                    deployment of any technologies under development for
                    the capture of carbon dioxide produced by coal electric
                    generation facilities and natural gas electric
                    generation facilities.
                ``(4) Demonstration projects.--
                        ``(A) In general.--In carrying out the program, the
                    Secretary shall establish a demonstration program under
                    which the Secretary, through a competitive, merit-
                    reviewed process, shall enter into cooperative
                    agreements by not later than September 30, 2025, for
                    demonstration projects to demonstrate the construction
                    and operation of 6 facilities to capture carbon dioxide
                    from coal electric generation facilities, natural gas
                    electric generation facilities, and industrial
                    facilities.
                        ``(B) Technical assistance.--The Secretary, to the
                    maximum extent practicable, shall provide technical
                    assistance to any eligible entity seeking to enter into
                    a cooperative agreement described in subparagraph (A)
                    for the purpose of obtaining any necessary permits and
                    licenses to demonstrate qualifying technologies.
                        ``(C) Eligible entities.--The Secretary may enter
                    into cooperative agreements under subparagraph (A) with
                    industry stakeholders, including any industry
                    stakeholder operating in partnership with the National
                    Laboratories, institutions of higher education,
                    multiinstitutional collaborations, and other
                    appropriate entities.
                        ``(D) Commercial-scale demonstration projects.--
                                ``(i) In general.--In carrying out the
                            program, the Secretary shall establish a carbon
                            capture technology commercialization program to
                            demonstrate substantial improvements in the
                            efficiency, effectiveness, cost, and
                            environmental performance of carbon capture
                            technologies for power, industrial, and other
                            commercial applications.
                                ``(ii) Requirement.--The program
                            established under clause (i) shall include
                            funding for commercial-scale carbon capture
                            technology demonstrations of projects supported
                            by the Department, including projects in
                            addition to the projects described in
                            subparagraph (A), including funding for not
                            more than 2 projects to demonstrate substantial
                            improvements in a particular technology type
                            beyond the first of a kind demonstration and to
                            account for considerations described in
                            subparagraph (G).
                        ``(E) Requirement.--Of the demonstration projects
                    carried out under subparagraph (A)--
                                ``(i) 2 shall be designed to capture carbon
                            dioxide from a natural gas electric generation
                            facility;
                                ``(ii) 2 shall be designed to capture
                            carbon dioxide from a coal electric generation
                            facility; and
                                ``(iii) 2 shall be designed to capture
                            carbon dioxide from an industrial facility not
                            purposed for electric generation.
                        ``(F) Goals.--Each demonstration project under the
                    demonstration program under subparagraph (A)--
                                ``(i) shall be designed to further the
                            development, deployment, and commercialization
                            of technologies to capture and sequester carbon
                            dioxide emissions from new and existing coal
                            electric generation facilities, natural gas
                            electric generation facilities, and industrial
                            facilities;
                                ``(ii) shall be financed in part by the
                            private sector; and
                                ``(iii) if necessary, shall secure
                            agreements for the offtake of carbon dioxide
                            emissions captured by qualifying technologies
                            during the project.
                        ``(G) Applications.--
                                ``(i) In general.--To be eligible to enter
                            into an agreement with the Secretary for a
                            demonstration project under subparagraphs (A)
                            and (D), an entity shall submit to the
                            Secretary an application at such time, in such
                            manner, and containing such information as the
                            Secretary may require.
                                ``(ii) Review of applications.--In
                            reviewing applications submitted under clause
                            (i), the Secretary, to the maximum extent
                            practicable, shall--
                                        ``(I) ensure a broad geographic
                                    distribution of project sites;
                                        ``(II) ensure that a broad
                                    selection of electric generation
                                    facilities are represented;
                                        ``(III) ensure that a broad
                                    selection of technologies are
                                    represented; and
                                        ``(IV) leverage existing public-
                                    private partnerships and Federal
                                    resources.
                        ``(H) GAO study and report.--
                                ``(i) Study and report.--
                                        ``(I) In general.--Not later than 1
                                    year after the date of enactment of the
                                    Energy Act of 2020, the Comptroller
                                    General of the United States shall
                                    conduct, and submit to the Committee on
                                    Energy and Natural Resources of the
                                    Senate and the Committee on Science,
                                    Space, and Technology of the House of
                                    Representatives a report on the results
                                    of, a study of the successes, failures,
                                    practices, and improvements of the
                                    Department in carrying out
                                    demonstration projects under this
                                    paragraph.
                                        ``(II) Considerations.--In
                                    conducting the study under subclause
                                    (I), the Comptroller General of the
                                    United States shall consider--
                                                ``(aa) applicant and
                                            contractor qualifications;
                                                ``(bb) project management
                                            practices at the Department;
                                                ``(cc) economic or market
                                            changes and other factors
                                            impacting project viability;
                                                ``(dd) completion of third-
                                            party agreements, including
                                            power purchase agreements and
                                            carbon dioxide offtake
                                            agreements;
                                                ``(ee) regulatory
                                            challenges; and
                                                ``(ff) construction
                                            challenges.
                                ``(ii) Recommendations.--The Secretary
                            shall--
                                        ``(I) consider any relevant
                                    recommendations, as determined by the
                                    Secretary, provided in the report
                                    required under clause (i)(I); and
                                        ``(II) adopt such recommendations
                                    as the Secretary considers appropriate.
                        ``(I) Report.--
                                ``(i) In general.--Not later than 180 days
                            after the date on which the Secretary solicits
                            applications under subparagraph (G), and
                            annually thereafter, the Secretary shall submit
                            to the appropriate committees of jurisdiction
                            of the Senate and the House of Representatives
                            a report that includes a detailed description
                            of how the applications under the demonstration
                            program established under subparagraph (A) were
                            or will be solicited and how the applications
                            were or will be evaluated, including--
                                        ``(I) a list of any activities
                                    carried out by the Secretary to solicit
                                    or evaluate the applications; and
                                        ``(II) a process for ensuring that
                                    any projects carried out under a
                                    cooperative agreement entered into
                                    under subparagraph (A) are designed to
                                    result in the development or
                                    demonstration of qualifying
                                    technologies.
                                ``(ii) Inclusions.--The Secretary shall
                            include--
                                        ``(I) in the first report required
                                    under clause (i), a detailed list of
                                    technical milestones for the
                                    development and demonstration of each
                                    qualifying technology pursued under the
                                    demonstration program established under
                                    subparagraph (A);
                                        ``(II) in each subsequent report
                                    required under clause (i), a
                                    description of the progress made
                                    towards achieving the technical
                                    milestones described in subclause (I)
                                    during the applicable period covered by
                                    the report; and
                                        ``(III) in each report required
                                    under clause (i)--
                                                ``(aa) an estimate of the
                                            cost of licensing, permitting,
                                            constructing, and operating
                                            each carbon capture facility
                                            expected to be constructed
                                            under the demonstration program
                                            established under subparagraph
                                            (A);
                                                ``(bb) a schedule for the
                                            planned construction and
                                            operation of each demonstration
                                            or pilot project under the
                                            demonstration program; and
                                                ``(cc) an estimate of any
                                            financial assistance,
                                            compensation, or incentives
                                            proposed to be paid by the host
                                            State, Indian Tribe, or local
                                            government with respect to each
                                            facility described in item
                                            (aa).
                ``(5) Intraagency coordination for carbon capture,
            utilization, and sequestration activities.--The carbon capture,
            utilization, and sequestration activities described in
            paragraph (3)(B) shall be carried out by the Assistant
            Secretary for Fossil Energy, in coordination with the heads of
            other relevant offices of the Department and the National
            Laboratories.
                ``(6) Consultations required.--In carrying out the program,
            the Secretary shall--
                        ``(A) undertake international collaborations,
                    taking into consideration the recommendations of the
                    National Coal Council and the National Petroleum
                    Council;
                        ``(B) use existing authorities to encourage
                    international cooperation; and
                        ``(C) consult with interested entities, including--
                                ``(i) coal and natural gas producers;
                                ``(ii) industries that use coal and natural
                            gas;
                                ``(iii) organizations that promote coal,
                            advanced coal, and natural gas technologies;
                                ``(iv) environmental organizations;
                                ``(v) organizations representing workers;
                            and
                                ``(vi) organizations representing
                            consumers.
        ``(c) Report.--
                ``(1) In general.--Not later than 18 months after the date
            of enactment of the Energy Act of 2020, the Secretary shall
            submit to Congress a report describing the program goals and
            objectives adopted under subsection (b)(3).
                ``(2) Update.--Not less frequently than once every 2 years
            after the initial report is submitted under paragraph (1), the
            Secretary shall submit to Congress a report describing the
            progress made towards achieving the program goals and
            objectives adopted under subsection (b)(3).
        ``(d) Funding.--
                ``(1) Authorization of appropriations.--There are
            authorized to be appropriated to the Secretary to carry out
            this section, to remain available until expended--
                        ``(A) for activities under the research and
                    development program component described in subsection
                    (b)(2)(A)--
                                ``(i) $230,000,000 for each of fiscal years
                            2021 and 2022; and
                                ``(ii) $150,000,000 for each of fiscal
                            years 2023 through 2025;
                        ``(B) subject to paragraph (2), for activities
                    under the large-scale pilot projects program component
                    described in subsection (b)(2)(B)--
                                ``(i) $225,000,000 for each of fiscal years
                            2021 and 2022;
                                ``(ii) $200,000,000 for each of fiscal
                            years 2023 and 2024; and
                                ``(iii) $150,000,000 for fiscal year 2025;
                        ``(C) for activities under the demonstration
                    projects program component described in subsection
                    (b)(2)(C)--
                                ``(i) $500,000,000 for each of fiscal years
                            2021 though 2024; and
                                ``(ii) $600,000,000 for fiscal year 2025;
                            and
                        ``(D) for activities under the front-end
                    engineering and design program described in subsection
                    (b)(2)(D), $50,000,000 for each of fiscal years 2021
                    through 2024.
                ``(2) Cost sharing for large-scale pilot projects.--
            Activities under subsection (b)(2)(B) shall be subject to the
            cost-sharing requirements of section 988(b).
        ``(e) Carbon Capture Test Centers.--
                ``(1) In general.--Not later than 2 years after the date of
            enactment of the Energy Act of 2020, the Secretary shall award
            grants to 1 or more entities for the operation of 1 or more
            test centers (referred to in this subsection as a `Center') to
            provide distinct testing capabilities for innovative carbon
            capture technologies.
                ``(2) Purpose.--Each Center shall--
                        ``(A) advance research, development, demonstration,
                    and commercial application of carbon capture
                    technologies;
                        ``(B) support large-scale pilot projects and
                    demonstration projects and test carbon capture
                    technologies; and
                        ``(C) develop front-end engineering design and
                    economic analysis.
                ``(3) Selection.--
                        ``(A) In general.--The Secretary shall select
                    entities to receive grants under this subsection
                    according to such criteria as the Secretary may
                    develop.
                        ``(B) Competitive basis.--The Secretary shall
                    select entities to receive grants under this subsection
                    on a competitive basis.
                        ``(C) Priority criteria.--In selecting entities to
                    receive grants under this subsection, the Secretary
                    shall prioritize consideration of applicants that--
                                ``(i) have access to existing or planned
                            research facilities for carbon capture
                            technologies;
                                ``(ii) are institutions of higher education
                            with established expertise in engineering for
                            carbon capture technologies, or partnerships
                            with such institutions of higher education; or
                                ``(iii) have access to existing research
                            and test facilities for bulk materials design
                            and testing, component design and testing, or
                            professional engineering design.
                        ``(D) Existing centers.--In selecting entities to
                    receive grants under this subsection, the Secretary
                    shall prioritize carbon capture test centers in
                    existence on the date of enactment of the Energy Act of
                    2020.
                ``(4) Formula for awarding grants.--The Secretary may
            develop a formula for awarding grants under this subsection.
                ``(5) Schedule.--
                        ``(A) In general.--Each grant awarded under this
                    subsection shall be for a term of not more than 5
                    years, subject to the availability of appropriations.
                        ``(B) Renewal.--The Secretary may renew a grant for
                    1 or more additional 5-year terms, subject to a
                    competitive merit review and the availability of
                    appropriations.
                ``(6) Termination.--To the extent otherwise authorized by
            law, the Secretary may eliminate, and terminate grant funding
            under this subsection for, a Center during any 5-year term
            described in paragraph (5) if the Secretary determines that the
            Center is underperforming.
                ``(7) Authorization of appropriations.--There is authorized
            to be appropriated to carry out this subsection $25,000,000 for
            each of fiscal years 2021 through 2025.''.
        (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by
    striking the item relating to section 962 and inserting the following:

    ``Sec. 962. Carbon capture technology program.''.

    SEC. 4003. CARBON STORAGE VALIDATION AND TESTING.

        (a) In General.--Section 963 of the Energy Policy Act of 2005 (42
    U.S.C. 16293) is amended--
                (1) by striking subsection (d) and inserting the following:
        ``(g) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
                ``(1) $200,000,000 for fiscal year 2021;
                ``(2) $200,000,000 for fiscal year 2022;
                ``(3) $150,000,000 for fiscal year 2023;
                ``(4) $150,000,000 for fiscal year 2024; and
                ``(5) $100,000,000 for fiscal year 2025.'';
                (2) in subsection (c)--
                        (A) by striking paragraphs (5) and (6) and
                    inserting the following:
        ``(f) Cost Sharing.--Activities carried out under this section
    shall be subject to the cost-sharing requirements of section 988.'';
    and
                        (B) by redesignating paragraph (4) as subsection
                    (e) and indenting appropriately;
                (3) in subsection (e) (as so redesignated)--
                        (A) by redesignating subparagraphs (A) and (B) as
                    paragraphs (1) and (2), respectively, and indenting
                    appropriately; and
                        (B) by striking ``subsection'' each place it
                    appears and inserting ``section''; and
                (4) by striking the section designation and heading and all
            that follows through the end of subsection (c)(3) and inserting
            the following:

    ``SEC. 963. CARBON STORAGE VALIDATION AND TESTING.

        ``(a) Definitions.--In this section:
                ``(1) Large-scale carbon sequestration.--The term `large-
            scale carbon sequestration' means a scale that--
                        ``(A) demonstrates the ability to inject into
                    geologic formations and sequester carbon dioxide; and
                        ``(B) has a goal of sequestering not less than 50
                    million metric tons of carbon dioxide over a 10-year
                    period.
                ``(2) Program.--The term `program' means the program
            established under subsection (b)(1).
        ``(b) Carbon Storage Program.--
                ``(1) In general.--The Secretary shall establish a program
            of research, development, and demonstration for carbon storage.
                ``(2) Program activities.--Activities under the program
            shall include--
                        ``(A) in coordination with relevant Federal
                    agencies, developing and maintaining mapping tools and
                    resources that assess the capacity of geologic storage
                    formation in the United States;
                        ``(B) developing monitoring tools, modeling of
                    geologic formations, and analyses--
                                ``(i) to predict carbon dioxide
                            containment; and
                                ``(ii) to account for sequestered carbon
                            dioxide in geologic storage sites;
                        ``(C) researching--
                                ``(i) potential environmental, safety, and
                            health impacts in the event of a leak into the
                            atmosphere or to an aquifer; and
                                ``(ii) any corresponding mitigation actions
                            or responses to limit harmful consequences of
                            such a leak;
                        ``(D) evaluating the interactions of carbon dioxide
                    with formation solids and fluids, including the
                    propensity of injections to induce seismic activity;
                        ``(E) assessing and ensuring the safety of
                    operations relating to geologic sequestration of carbon
                    dioxide;
                        ``(F) determining the fate of carbon dioxide
                    concurrent with and following injection into geologic
                    formations;
                        ``(G) supporting cost and business model
                    assessments to examine the economic viability of
                    technologies and systems developed under the program;
                    and
                        ``(H) providing information to the Environmental
                    Protection Agency, States, local governments, Tribal
                    governments, and other appropriate entities, to ensure
                    the protection of human health and the environment.
                ``(3) Geologic settings.--In carrying out research
            activities under this subsection, the Secretary shall consider
            a variety of candidate onshore and offshore geologic settings,
            including--
                        ``(A) operating oil and gas fields;
                        ``(B) depleted oil and gas fields;
                        ``(C) residual oil zones;
                        ``(D) unconventional reservoirs and rock types;
                        ``(E) unmineable coal seams;
                        ``(F) saline formations in both sedimentary and
                    basaltic geologies;
                        ``(G) geologic systems that may be used as
                    engineered reservoirs to extract economical quantities
                    of brine from geothermal resources of low permeability
                    or porosity; and
                        ``(H) geologic systems containing in situ carbon
                    dioxide mineralization formations.
        ``(c) Large-scale Carbon Sequestration Demonstration Program.--
                ``(1) In general.--The Secretary shall establish a
            demonstration program under which the Secretary shall provide
            funding for demonstration projects to collect and validate
            information on the cost and feasibility of commercial
            deployment of large-scale carbon sequestration technologies.
                ``(2) Existing regional carbon sequestration
            partnerships.--In carrying out paragraph (1), the Secretary may
            provide additional funding to regional carbon sequestration
            partnerships that are carrying out or have completed a large-
            scale carbon sequestration demonstration project under this
            section (as in effect on the day before the date of enactment
            of the Energy Act of 2020) for additional work on that project.
                ``(3) Demonstration components.--Each demonstration project
            carried out under this subsection shall include longitudinal
            tests involving carbon dioxide injection and monitoring,
            mitigation, and verification operations.
                ``(4) Clearinghouse.--The National Energy Technology
            Laboratory shall act as a clearinghouse of shared information
            and resources for--
                        ``(A) existing or completed demonstration projects
                    receiving additional funding under paragraph (2); and
                        ``(B) any new demonstration projects funded under
                    this subsection.
                ``(5) Report.--Not later than 1 year after the date of
            enactment of the Energy Act of 2020, the Secretary shall submit
            to the Committee on Energy and Natural Resources of the Senate
            and the Committee on Science, Space, and Technology of the
            House of Representatives a report that--
                        ``(A) assesses the progress of all regional carbon
                    sequestration partnerships carrying out a demonstration
                    project under this subsection;
                        ``(B) identifies the remaining challenges in
                    achieving large-scale carbon sequestration that is
                    reliable and safe for the environment and public
                    health; and
                        ``(C) creates a roadmap for carbon storage research
                    and development activities of the Department through
                    2025, with the goal of reducing economic and policy
                    barriers to commercial carbon sequestration.
        ``(d) Integrated Storage.--
                ``(1) In general.--The Secretary may transition large-scale
            carbon sequestration demonstration projects under subsection
            (c) into integrated commercial storage complexes.
                ``(2) Goals and objectives.--The goals and objectives of
            the Secretary in seeking to transition large-scale carbon
            sequestration demonstration projects into integrated commercial
            storage complexes under paragraph (1) shall be--
                        ``(A) to identify geologic storage sites that are
                    able to accept large volumes of carbon dioxide
                    acceptable for commercial contracts;
                        ``(B) to understand the technical and commercial
                    viability of carbon dioxide geologic storage sites; and
                        ``(C) to carry out any other activities necessary
                    to transition the large-scale carbon sequestration
                    demonstration projects under subsection (c) into
                    integrated commercial storage complexes.''.
        (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600; 121 Stat. 1708)
    is amended by striking the item relating to section 963 and inserting
    the following:

    ``Sec. 963. Carbon storage validation and testing.''.
        (c) Conforming Amendments.--
                (1) Section 703(a)(3) of the Department of Energy Carbon
            Capture and Sequestration Research, Development, and
            Demonstration Act of 2007 (42 U.S.C. 17251(a)(3)) is amended,
            in the first sentence of the matter preceding subparagraph (A),
            by--
                        (A) striking ``section 963(c)(3)'' and inserting
                    ``section 963(c)''; and
                        (B) striking ``16293(c)(3)'' and inserting
                    ``16293(c)''.
                (2) Section 704 of the Department of Energy Carbon Capture
            and Sequestration Research, Development, and Demonstration Act
            of 2007 (42 U.S.C. 17252) is amended, in the first sentence,
            by--
                        (A) striking ``section 963(c)(3)'' and inserting
                    ``section 963(c)''; and
                        (B) striking ``16293(c)(3)'' and inserting
                    ``16293(c)''.

    SEC. 4004. CARBON UTILIZATION PROGRAM.

        (a) Carbon Utilization Program.--
                (1) In general.--Subtitle F of title IX of the Energy
            Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by
            adding at the end the following:

    ``SEC. 969A. CARBON UTILIZATION PROGRAM.

        ``(a) In General.--The Secretary shall establish a program of
    research, development, and demonstration for carbon utilization--
                ``(1) to assess and monitor--
                        ``(A) potential changes in lifecycle carbon dioxide
                    and other greenhouse gas emissions; and
                        ``(B) other environmental safety indicators of new
                    technologies, practices, processes, or methods used in
                    enhanced hydrocarbon recovery as part of the activities
                    authorized under section 963;
                ``(2) to identify and assess novel uses for carbon,
            including the conversion of carbon and carbon oxides for
            commercial and industrial products and other products with
            potential market value;
                ``(3) to identify and assess carbon capture technologies
            for industrial systems; and
                ``(4) to identify and assess alternative uses for raw coal
            and processed coal products in all phases that result in no
            significant emissions of carbon dioxide or other pollutants,
            including products derived from carbon engineering, carbon
            fiber, and coal conversion methods.
        ``(b) Demonstration Programs for the Purpose of
    Commercialization.--
                ``(1) In general.--Not later than 180 days after the date
            of enactment of the Energy Act of 2020, as part of the program
            established under subsection (a), the Secretary shall establish
            a 2-year demonstration program in each of the 2 major coal-
            producing regions of the United States for the purpose of
            partnering with private institutions in coal mining regions to
            accelerate the commercial deployment of coal-carbon products.
                ``(2) Cost sharing.--Activities under paragraph (1) shall
            be subject to the cost-sharing requirements of section 988.
        ``(c) Carbon Utilization Research Center.--
                ``(1) In general.--In carrying out the program under
            subsection (a), the Secretary shall establish and operate a
            national Carbon Utilization Research Center (referred to in
            this subsection as the `Center'), which shall focus on early
            stage research and development activities including--
                        ``(A) post-combustion and pre-combustion capture of
                    carbon dioxide;
                        ``(B) advanced compression technologies for new and
                    existing fossil fuel-fired power plants;
                        ``(C) technologies to convert carbon dioxide to
                    valuable products and commodities; and
                        ``(D) advanced carbon dioxide storage technologies
                    that consider a range of storage regimes.
                ``(2) Selection.--The Secretary shall--
                        ``(A) select the Center under this subsection on a
                    competitive, merit-reviewed basis; and
                        ``(B) consider applications from the National
                    Laboratories, institutions of higher education,
                    multiinstitutional collaborations, and other
                    appropriate entities.
                ``(3) Existing centers.--In selecting the Center under this
            subsection, the Secretary shall prioritize carbon utilization
            research centers in existence on the date of enactment of the
            Energy Act of 2020.
                ``(4) Duration.--The Center established under this
            subsection shall receive support for a period of not more than
            5 years, subject to the availability of appropriations.
                ``(5) Renewal.--On the expiration of any period of support
            of the Center, the Secretary may renew support for the Center,
            on a merit-reviewed basis, for a period of not more than 5
            years.
                ``(6) Termination.--Consistent with the existing
            authorities of the Department, the Secretary may terminate the
            Center for cause during the performance period.
        ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
                ``(1) $54,000,000 for fiscal year 2021;
                ``(2) $55,250,000 for fiscal year 2022;
                ``(3) $56,562,500 for fiscal year 2023;
                ``(4) $57,940,625 for fiscal year 2024; and
                ``(5) $59,387,656 for fiscal year 2025.
        ``(e) Coordination.--The Secretary shall coordinate the activities
    authorized in this section with the activities authorized in section
    969 as part of one consolidated program at the Department. Nothing in
    section 969 shall be construed as limiting the authorities provided in
    this section.''.
                (2) Technical amendment.--The table of contents for the
            Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is
            amended by adding at the end of the items relating to subtitle
            F of title IX the following:

    ``Sec. 969A. Carbon utilization program.''.
        (b) Study.--
                (1) In general.--The Secretary of Energy (in this section
            referred to as the ``Secretary'') shall enter into an agreement
            with the National Academies of Sciences, Engineering, and
            Medicine under which the National Academies of Sciences,
            Engineering, and Medicine shall conduct a study to assess any
            barriers and opportunities relating to commercializing carbon,
            coal-derived carbon, and carbon dioxide in the United States.
                (2) Requirements.--The study under paragraph (1) shall--
                        (A) analyze challenges to commercializing carbon
                    dioxide, including--
                                (i) expanding carbon dioxide pipeline
                            capacity;
                                (ii) mitigating environmental impacts;
                                (iii) access to capital;
                                (iv) geographic barriers; and
                                (v) regional economic challenges and
                            opportunities;
                        (B) identify potential markets, industries, or
                    sectors that may benefit from greater access to
                    commercial carbon dioxide;
                        (C) determine the feasibility of, and opportunities
                    for, the commercialization of coal-derived carbon
                    products, including for--
                                (i) commercial purposes;
                                (ii) industrial purposes;
                                (iii) defense and military purposes;
                                (iv) agricultural purposes, including soil
                            amendments and fertilizers;
                                (v) medical and pharmaceutical
                            applications;
                                (vi) construction and building
                            applications;
                                (vii) energy applications; and
                                (viii) production of critical minerals;
                        (D) assess--
                                (i) the state of infrastructure as of the
                            date of the study; and
                                (ii) any necessary updates to
                            infrastructure to allow for the integration of
                            safe and reliable carbon dioxide
                            transportation, use, and storage;
                        (E) describe the economic, climate, and
                    environmental impacts of any well-integrated national
                    carbon dioxide pipeline system, including suggestions
                    for policies that could--
                                (i) improve the economic impact of the
                            system; and
                                (ii) mitigate impacts of the system;
                        (F) assess the global status and progress of
                    chemical and biological carbon utilization technologies
                    in practice as of the date of the study that utilize
                    anthropogenic carbon, including carbon dioxide, carbon
                    monoxide, methane, and biogas, from power generation,
                    biofuels production, and other industrial processes;
                        (G) identify emerging technologies and approaches
                    for carbon utilization that show promise for scale-up,
                    demonstration, deployment, and commercialization;
                        (H) analyze the factors associated with making
                    carbon utilization technologies viable at a commercial
                    scale, including carbon waste stream availability,
                    economics, market capacity, energy, and lifecycle
                    requirements;
                        (I)(i) assess the major technical challenges
                    associated with increasing the commercial viability of
                    carbon reuse technologies; and
                        (ii) identify the research and development
                    questions that will address the challenges described in
                    clause (i);
                        (J)(i) assess research efforts being carried out as
                    of the date of the study, including basic, applied,
                    engineering, and computational research efforts, that
                    are addressing the challenges described in subparagraph
                    (I)(i); and
                        (ii) identify gaps in the research efforts under
                    clause (i);
                        (K) develop a comprehensive research agenda that
                    addresses long- and short-term research needs and
                    opportunities for technologies that may be important to
                    minimizing net greenhouse gas emissions from the use of
                    coal and natural gas; and
                        (L)(i) identify appropriate Federal agencies with
                    capabilities to support small business entities; and
                        (ii) determine what assistance the Federal agencies
                    identified under clause (i) could provide to small
                    business entities to further the development and
                    commercial deployment of carbon dioxide-based products.
                (3) Deadline.--Not later than 180 days after the date of
            enactment of this Act, the National Academies of Sciences,
            Engineering, and Medicine shall submit to the Secretary a
            report describing the results of the study under paragraph (1).

    SEC. 4005. HIGH EFFICIENCY TURBINES.

        (a) In General.--Subtitle F of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
    the following:

    ``SEC. 969B. HIGH EFFICIENCY TURBINES.

        ``(a) In General.--The Secretary, acting through the Assistant
    Secretary for Fossil Energy (referred to in this section as the
    `Secretary'), shall establish a multiyear, multiphase program (referred
    to in this section as the `program') of research, development, and
    technology demonstration to improve the efficiency of gas turbines used
    in power generation systems and aviation.
        ``(b) Program Elements.--The program shall--
                ``(1) support first-of-a-kind engineering and detailed gas
            turbine design for small-scale and utility-scale electric power
            generation, including--
                        ``(A) high temperature materials, including
                    superalloys, coatings, and ceramics;
                        ``(B) improved heat transfer capability;
                        ``(C) manufacturing technology required to
                    construct complex 3-dimensional geometry parts with
                    improved aerodynamic capability;
                        ``(D) combustion technology to produce higher
                    firing temperature while lowering nitrogen oxide and
                    carbon monoxide emissions per unit of output;
                        ``(E) advanced controls and systems integration;
                        ``(F) advanced high performance compressor
                    technology; and
                        ``(G) validation facilities for the testing of
                    components and subsystems;
                ``(2) include technology demonstration through component
            testing, subscale testing, and full-scale testing in existing
            fleets;
                ``(3) include field demonstrations of the developed
            technology elements to demonstrate technical and economic
            feasibility;
                ``(4) assess overall combined cycle and simple cycle system
            performance;
                ``(5) increase fuel flexibility by enabling gas turbines to
            operate with high proportions of, or pure, hydrogen or other
            renewable gas fuels;
                ``(6) enhance foundational knowledge needed for low-
            emission combustion systems that can work in high-pressure,
            high-temperature environments required for high-efficiency
            cycles;
                ``(7) increase operational flexibility by reducing turbine
            start-up times and improving the ability to accommodate
            flexible power demand; and
                ``(8) include any other elements necessary to achieve the
            goals described in subsection (c), as determined by the
            Secretary, in consultation with private industry.
        ``(c) Program Goals.--
                ``(1) In general.--The goals of the program shall be--
                        ``(A) in phase I, to develop a conceptual design
                    of, and to develop and demonstrate the technology
                    required for--
                                ``(i) advanced high efficiency gas turbines
                            to achieve, on a lower heating value basis--
                                        ``(I) a combined cycle efficiency
                                    of not less than 65 percent; or
                                        ``(II) a simple cycle efficiency of
                                    not less than 47 percent; and
                                ``(ii) aviation gas turbines to achieve a
                            25 percent reduction in fuel burn by improving
                            fuel efficiency to existing best-in-class
                            turbo-fan engines; and
                        ``(B) in phase II, to develop a conceptual design
                    of advanced high efficiency gas turbines that can
                    achieve, on a lower heating value basis--
                                ``(i) a combined cycle efficiency of not
                            less than 67 percent; or
                                ``(ii) a simple cycle efficiency of not
                            less than 50 percent.
                ``(2) Additional goals.--If a goal described in paragraph
            (1) has been achieved, the Secretary, in consultation with
            private industry and the National Academy of Sciences, may
            develop additional goals or phases for advanced gas turbine
            research and development.
        ``(d) Financial Assistance.--
                ``(1) In general.--The Secretary may provide financial
            assistance, including grants, to carry out the program.
                ``(2) Proposals.--Not later than 180 days after the date of
            enactment of the Energy Act of 2020, the Secretary shall
            solicit proposals from industry, small businesses,
            universities, and other appropriate parties for conducting
            activities under this section.
                ``(3) Considerations.--In selecting proposed projects to
            receive financial assistance under this subsection, the
            Secretary shall give special consideration to the extent to
            which the proposed project will--
                        ``(A) stimulate the creation or increased retention
                    of jobs in the United States; and
                        ``(B) promote and enhance technology leadership in
                    the United States.
                ``(4) Competitive awards.--The Secretary shall provide
            financial assistance under this subsection on a competitive
            basis, with an emphasis on technical merit.
                ``(5) Cost sharing.--Financial assistance provided under
            this subsection shall be subject to the cost sharing
            requirements of section 988.
        ``(e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $50,000,000 for each of fiscal
    years 2021 through 2025.''.
        (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further
    amended by adding at the end of the items relating to subtitle F of
    title IX the following:

    ``Sec. 969B. High efficiency gas turbines.''.

    SEC. 4006. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.

        (a) In General.--Subtitle F of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
    the following:

    ``SEC. 969C. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.

        ``(a) Special Hiring Authority for Scientific, Engineering, and
    Project Management Personnel.--
                ``(1) In general.--The Director of the National Energy
            Technology Laboratory (referred to in this section as the
            `Director') may--
                        ``(A) make appointments to positions in the
                    National Energy Technology Laboratory to assist in
                    meeting a specific project or research need, without
                    regard to civil service laws, of individuals who--
                                ``(i) have an advanced scientific or
                            engineering background; or
                                ``(ii) have a business background and can
                            assist in specific technology-to-market needs;
                        ``(B) fix the basic pay of any employee appointed
                    under subparagraph (A) at a rate not to exceed level II
                    of the Executive Schedule under section 5313 of title
                    5, United States Code; and
                        ``(C) pay any employee appointed under subparagraph
                    (A) payments in addition to the basic pay fixed under
                    subparagraph (B), subject to the condition that the
                    total amount of additional payments paid to an employee
                    under this subparagraph for any 12-month period shall
                    not exceed the least of--
                                ``(i) $25,000;
                                ``(ii) the amount equal to 25 percent of
                            the annual rate of basic pay of that employee;
                            and
                                ``(iii) the amount of the limitation that
                            is applicable for a calendar year under section
                            5307(a)(1) of title 5, United States Code.
                ``(2) Limitations.--
                        ``(A) In general.--The term of any employee
                    appointed under paragraph (1)(A) shall not exceed 3
                    years.
                        ``(B) Full-time employees.--Not more than 10 full-
                    time employees appointed under paragraph (1)(A) may be
                    employed at the National Energy Technology Laboratory
                    at any given time.
        ``(b) Laboratory-directed Research and Development.--
                ``(1) In general.--Beginning in fiscal year 2021, the
            National Energy Technology Laboratory shall be eligible for
            laboratory-directed research and development funding.
                ``(2) Authorization of funding.--
                        ``(A) In general.--Each fiscal year, of funds made
                    available to the National Energy Technology Laboratory,
                    the Secretary may deposit an amount, not to exceed the
                    rate made available to the National Laboratories for
                    laboratory-directed research and development, in a
                    special fund account.
                        ``(B) Use.--Amounts in the account under
                    subparagraph (A) shall only be available for
                    laboratory-directed research and development.
                        ``(C) Requirements.--The account under subparagraph
                    (A)--
                                ``(i) shall be administered by the
                            Secretary;
                                ``(ii) shall be available without fiscal
                            year limitation; and
                                ``(iii) shall not be subject to
                            appropriation.
                ``(3) Requirement.--The Director shall carry out
            laboratory-directed research and development activities at the
            National Energy Technology Laboratory consistent with
            Department of Energy Order 413.2C, dated August 2, 2018 (or a
            successor order).
                ``(4) Annual report on use of authority.--Annually, the
            Secretary shall submit to the Committee on Energy and Natural
            Resources of the Senate and the Committee on Science, Space,
            and Technology of the House of Representatives a report on the
            use of the authority provided under this subsection during the
            preceding fiscal year.
        ``(c) Laboratory Operations.--The Secretary shall delegate human
    resources operations of the National Energy Technology Laboratory to
    the Director to assist in carrying out this section.
        ``(d) Review.--Not later than 2 years after the date of enactment
    of the Energy Act of 2020, the Secretary shall submit to the Committee
    on Energy and Natural Resources of the Senate and the Committee on
    Science, Space, and Technology of the House of Representatives a report
    assessing the management and research activities of the National Energy
    Technology Laboratory, which shall include--
                ``(1) an assessment of the quality of science and research
            at the National Energy Technology Laboratory, relative to
            similar work at other National Laboratories;
                ``(2) a review of the effectiveness of authorities provided
            in subsections (a) and (b); and
                ``(3) recommendations for policy changes within the
            Department and legislative changes to provide the National
            Energy Technology Laboratory with the necessary tools and
            resources to advance the research mission of the National
            Energy Technology Laboratory.''.
        (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further
    amended by adding at the end of the items relating to subtitle F of
    title IX the following:

    ``Sec. 969C. National energy technology laboratory reforms.''.

    SEC. 4007. STUDY ON BLUE HYDROGEN TECHNOLOGY.

        (a) Study.--The Secretary of Energy shall conduct a study to
    examine opportunities for research and development in integrating blue
    hydrogen technology in the industrial power sector and how that could
    enhance the deployment and adoption of carbon capture and storage.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary of Energy shall submit to the Committee on
    Energy and Natural Resources of the Senate and the Committee on
    Science, Space, and Technology of the House of Representatives a report
    that describes the results of the study under subsection (a).

    SEC. 4008. PRODUCED WATER RESEARCH AND DEVELOPMENT.

        (a) Establishment.--As soon as possible after the date of enactment
    of this Act, the Secretary of Energy (in this section referred to as
    the ``Secretary'') shall establish a research and development program
    on produced water to develop--
                (1) new technologies and practices to reduce the
            environmental impact; and
                (2) opportunities for reprocessing of produced water at
            natural gas or oil development sites.
        (b) Prioritization.--In carrying out the program established under
    subsection (a), the Secretary shall give priority to projects that
    develop and bring to market--
                (1) effective systems for on-site management or repurposing
            of produced water; and
                (2) new technologies or approaches to reduce the
            environmental impact of produced water on local water sources
            and the environment.
        (c) Conduct of Program.--In carrying out the program established
    under subsection (a), the Secretary shall carry out science-based
    research and development activities to pursue--
                (1) improved efficiency, technologies, and techniques for
            produced water recycling stations; and
                (2) alternative approaches to treating, reusing, storing,
            or decontaminating produced water.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $10,000,000 for each of fiscal
    years 2021 through 2025.

                            TITLE V--CARBON REMOVAL

    SEC. 5001. CARBON REMOVAL.

        (a) In General.--Subtitle F of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
    the following:

    ``SEC. 969D. CARBON REMOVAL.

        ``(a) Establishment.--The Secretary, in coordination with the heads
    of appropriate Federal agencies, including the Secretary of
    Agriculture, shall establish a research, development, and demonstration
    program (referred to in this section as the `program') to test,
    validate, or improve technologies and strategies to remove carbon
    dioxide from the atmosphere on a large scale.
        ``(b) Intraagency Coordination.--The Secretary shall ensure that
    the program includes the coordinated participation of the Office of
    Fossil Energy, the Office of Science, and the Office of Energy
    Efficiency and Renewable Energy.
        ``(c) Program Activities.--The program may include research,
    development, and demonstration activities relating to--
                ``(1) direct air capture and storage technologies;
                ``(2) bioenergy with carbon capture and sequestration;
                ``(3) enhanced geological weathering;
                ``(4) agricultural practices;
                ``(5) forest management and afforestation; and
                ``(6) planned or managed carbon sinks, including natural
            and artificial.
        ``(d) Requirements.--In developing and identifying carbon removal
    technologies and strategies under the program, the Secretary shall
    consider--
                ``(1) land use changes, including impacts on natural and
            managed ecosystems;
                ``(2) ocean acidification;
                ``(3) net greenhouse gas emissions;
                ``(4) commercial viability;
                ``(5) potential for near-term impact;
                ``(6) potential for carbon reductions on a gigaton scale;
            and
                ``(7) economic cobenefits.
        ``(e) Air Capture Prize Competitions.--
                ``(1) Definitions.--In this subsection:
                        ``(A) Dilute media.--The term `dilute media' means
                    media in which the concentration of carbon dioxide is
                    less than 1 percent by volume.
                        ``(B) Prize competition.--The term `prize
                    competition' means the competitive technology prize
                    competition established under paragraph (2).
                        ``(C) Qualified carbon dioxide.--
                                ``(i) In general.--The term `qualified
                            carbon dioxide' means any carbon dioxide that--
                                        ``(I) is captured directly from the
                                    ambient air; and
                                        ``(II) is measured at the source of
                                    capture and verified at the point of
                                    disposal, injection, or utilization.
                                ``(ii) Inclusion.--The term `qualified
                            carbon dioxide' includes the initial deposit of
                            captured carbon dioxide used as a tertiary
                            injectant.
                                ``(iii) Exclusion.--The term `qualified
                            carbon dioxide' does not include carbon dioxide
                            that is recaptured, recycled, and reinjected as
                            part of the enhanced oil and natural gas
                            recovery process.
                        ``(D) Qualified direct air capture facility.--
                                ``(i) In general.--The term `qualified
                            direct air capture facility' means any facility
                            that--
                                        ``(I) uses carbon capture equipment
                                    to capture carbon dioxide directly from
                                    the ambient air; and
                                        ``(II) captures more than 50,000
                                    metric tons of qualified carbon dioxide
                                    annually.
                                ``(ii) Exclusion.--The term `qualified
                            direct air capture facility' does not include
                            any facility that captures carbon dioxide--
                                        ``(I) that is deliberately released
                                    from naturally occurring subsurface
                                    springs; or
                                        ``(II) using natural
                                    photosynthesis.
                ``(2) Establishment.--Not later than 2 years after the date
            of enactment of the Energy Act of 2020, the Secretary, in
            consultation with the Administrator of the Environmental
            Protection Agency, shall establish as part of the program a
            competitive technology prize competition to award prizes for--
                        ``(A) precommercial carbon dioxide capture from
                    dilute media; and
                        ``(B) commercial applications of direct air capture
                    technologies.
                ``(3) Requirements.--In carrying out this subsection, the
            Secretary, in accordance with section 24 of the Stevenson-
            Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719),
            shall develop requirements for--
                        ``(A) the prize competition process; and
                        ``(B) monitoring and verification procedures for
                    projects selected to receive a prize under the prize
                    competition.
                ``(4) Eligible projects.--
                        ``(A) Precommercial air capture projects.--With
                    respect to projects described in paragraph (2)(A), to
                    be eligible to be awarded a prize under the prize
                    competition, a project shall--
                                ``(i) meet minimum performance standards
                            set by the Secretary;
                                ``(ii) meet minimum levels set by the
                            Secretary for the capture of carbon dioxide
                            from dilute media; and
                                ``(iii) demonstrate in the application of
                            the project for a prize--
                                        ``(I) a design for a promising
                                    carbon capture technology that will--
                                                ``(aa) be operated on a
                                            demonstration scale; and
                                                ``(bb) have the potential
                                            to achieve significant
                                            reduction in the level of
                                            carbon dioxide in the
                                            atmosphere;
                                        ``(II) a successful bench-scale
                                    demonstration of a carbon capture
                                    technology; or
                                        ``(III) an operational carbon
                                    capture technology on a commercial
                                    scale.
                        ``(B) Commercial direct air capture projects.--
                                ``(i) In general.--With respect to projects
                            described in paragraph (2)(B), the Secretary
                            shall award prizes under the prize competition
                            to qualified direct air capture facilities for
                            metric tons of qualified carbon dioxide
                            captured and verified at the point of disposal,
                            injection, or utilization.
                                ``(ii) Amount of award.--The amount of the
                            award per metric ton under clause (i)--
                                        ``(I) shall be equal for each
                                    qualified direct air capture facility
                                    selected for a prize under the prize
                                    competition; and
                                        ``(II) shall be determined by the
                                    Secretary and in any case shall not
                                    exceed--
                                                ``(aa) $180 for qualified
                                            carbon dioxide captured and
                                            stored in saline storage
                                            formations;
                                                ``(bb) a lesser amount, as
                                            determined by the Secretary,
                                            for qualified carbon dioxide
                                            captured and stored in
                                            conjunction with enhanced oil
                                            recovery operations; or
                                                ``(cc) a lesser amount, as
                                            determined by the Secretary,
                                            for qualified carbon dioxide
                                            captured and utilized in any
                                            activity consistent with
                                            section 45Q(f)(5) of the
                                            Internal Revenue Code of 1986.
                                ``(iii) Requirement.--The Secretary shall
                            make awards under this subparagraph until
                            appropriated funds are expended.
        ``(f) Direct Air Capture Test Center.--
                ``(1) In general.--Not later than 2 years after the date of
            enactment of the Energy Act of 2020, the Secretary shall award
            grants to 1 or more entities for the operation of 1 or more
            test centers (referred to in this subsection as a `Center') to
            provide distinct testing capabilities for innovative direct air
            capture and storage technologies.
                ``(2) Purpose.--Each Center shall--
                        ``(A) advance research, development, demonstration,
                    and commercial application of direct air capture and
                    storage technologies;
                        ``(B) support large-scale pilot and demonstration
                    projects and test direct air capture and storage
                    technologies; and
                        ``(C) develop front-end engineering design and
                    economic analysis.
                ``(3) Selection.--
                        ``(A) In general.--The Secretary shall select
                    entities to receive grants under this subsection
                    according to such criteria as the Secretary may
                    develop.
                        ``(B) Competitive basis.--The Secretary shall
                    select entities to receive grants under this subsection
                    on a competitive basis.
                        ``(C) Priority criteria.--In selecting entities to
                    receive grants under this subsection, the Secretary
                    shall prioritize consideration of applicants that--
                                ``(i) have access to existing or planned
                            research facilities for direct air capture and
                            storage technologies;
                                ``(ii) are institutions of higher education
                            with established expertise in engineering for
                            direct air capture and storage technologies, or
                            partnerships with such institutions of higher
                            education; or
                                ``(iii) have access to existing research
                            and test facilities for bulk materials design
                            and testing, component design and testing, or
                            professional engineering design.
                ``(4) Formula for awarding grants.--The Secretary may
            develop a formula for awarding grants under this subsection.
                ``(5) Schedule.--
                        ``(A) In general.--Each grant awarded under this
                    subsection shall be for a term of not more than 5
                    years, subject to the availability of appropriations.
                        ``(B) Renewal.--The Secretary may renew a grant for
                    1 or more additional 5-year terms, subject to a
                    competitive merit review and the availability of
                    appropriations.
                ``(6) Termination.--To the extent otherwise authorized by
            law, the Secretary may eliminate, and terminate grant funding
            under this subsection for, a Center during any 5-year term
            described in paragraph (5) if the Secretary determines that the
            Center is underperforming.
        ``(g) Pilot and Demonstration Projects.--In supporting the
    technology development activities under this section, the Secretary is
    encouraged to support carbon removal pilot and demonstration projects,
    including--
                ``(1) pilot projects that test direct air capture systems
            capable of capturing 10 to 100 tonnes of carbon oxides per year
            to provide data for demonstration-scale projects; and
                ``(2) direct air capture demonstration projects capable of
            capturing greater than 1,000 tonnes of carbon oxides per year.
        ``(h) Intraagency Collaboration.--In carrying out the program, the
    Secretary shall encourage and promote collaborations among relevant
    offices and agencies within the Department.
        ``(i) Accounting.--The Secretary shall collaborate with the
    Administrator of the Environmental Protection Agency and the heads of
    other relevant Federal agencies to develop and improve accounting
    frameworks and tools to accurately measure carbon removal and
    sequestration methods and technologies.
        ``(j) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
                ``(1) $175,000,000 for fiscal year 2021, of which--
                        ``(A) $15,000,000 shall be used to carry out
                    subsection (e)(2)(A), to remain available until
                    expended; and
                        ``(B) $100,000,000 shall be used to carry out
                    subsection (e)(2)(B), to remain available until
                    expended;
                ``(2) $63,500,000 for fiscal year 2022;
                ``(3) $66,150,000 for fiscal year 2023;
                ``(4) $69,458,000 for fiscal year 2024; and
                ``(5) $72,930,000 for fiscal year 2025.''.
        (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further
    amended by adding at the end of the items relating to subtitle F of
    title IX the following:

    ``Sec. 969D. Carbon removal.''.

    SEC. 5002. CARBON DIOXIDE REMOVAL TASK FORCE AND REPORT.

        (a) Definition of Carbon Dioxide Removal.--In this section, the
    term ``carbon dioxide removal'' means the capture of carbon dioxide
    directly from ambient air or, in dissolved form, from seawater,
    combined with the sequestration of that carbon dioxide, including
    through--
                (1) direct air capture and sequestration;
                (2) enhanced carbon mineralization;
                (3) bioenergy with carbon capture and sequestration;
                (4) forest restoration;
                (5) soil carbon management; and
                (6) direct ocean capture.
        (b) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary of Energy (in this section referred to as the
    ``Secretary''), in consultation with the heads of any other relevant
    Federal agencies, shall prepare a report that--
                (1) estimates the magnitude of excess carbon dioxide in the
            atmosphere that will need to be removed by 2050 to achieve net-
            zero emissions and stabilize the climate;
                (2) inventories current and emerging approaches of carbon
            dioxide removal and evaluates the advantages and disadvantages
            of each of the approaches; and
                (3) identifies recommendations for legislation, funding,
            rules, revisions to rules, financing mechanisms, or other
            policy tools that the Federal Government can use to
            sufficiently advance the deployment of carbon dioxide removal
            projects in order to meet, in the aggregate, the magnitude of
            needed removals estimated under paragraph (1), including policy
            tools, such as--
                        (A) grants;
                        (B) loans or loan guarantees;
                        (C) public-private partnerships;
                        (D) direct procurement;
                        (E) incentives, including subsidized Federal
                    financing mechanisms available to project developers;
                        (F) advance market commitments;
                        (G) regulations; and
                        (H) any other policy mechanism determined by the
                    Secretary to be beneficial for advancing carbon dioxide
                    removal methods and the deployment of carbon dioxide
                    removal projects.
        (c) Submission; Publication.--The Secretary shall--
                (1) submit the report prepared under subsection (b) to the
            Committee on Energy and Natural Resources of the Senate and the
            Committees on Energy and Commerce and Science, Space, and
            Technology of the House of Representatives; and
                (2) as soon as practicable after completion of the report,
            make the report publicly available.
        (d) Evaluation; Revision.--
                (1) In general.--Not later than 2 years after the date on
            which the Secretary publishes the report under subsection
            (c)(2), and every 2 years thereafter, the Secretary shall
            evaluate the findings and recommendations of the report, or the
            most recent updated report submitted under paragraph (2)(B), as
            applicable, taking into consideration any issues and
            recommendations identified by the task force established under
            subsection (e)(1).
                (2) Revision.--After completing each evaluation under
            paragraph (1), the Secretary shall--
                        (A) revise the report as necessary; and
                        (B) if the Secretary revises the report under
                    subparagraph (A), submit and publish the updated report
                    in accordance with subsection (c).
        (e) Task Force.--
                (1) Establishment and duties.--Not later than 60 days after
            the date of enactment of this Act, the Secretary shall
            establish a task force--
                        (A) to identify barriers to advancement of carbon
                    dioxide removal methods and the deployment of carbon
                    dioxide removal projects;
                        (B) to inventory existing or potential Federal
                    legislation, rules, revisions to rules, financing
                    mechanisms, or other policy tools that are capable of
                    advancing carbon dioxide removal methods and the
                    deployment of carbon dioxide removal projects;
                        (C) to assist in preparing the report described in
                    subsection (b) and any updates to the report under
                    subsection (d); and
                        (D) to advise the Secretary on matters pertaining
                    to carbon dioxide removal.
                (2) Members and selection.--The Secretary shall--
                        (A) develop criteria for the selection of members
                    to the task force established under paragraph (1); and
                        (B) select members for the task force in accordance
                    with the criteria developed under subparagraph (A).
                (3) Meetings.--The task force shall meet not less
            frequently than once each year.
                (4) Evaluation.--Not later than 7 years after the date of
            enactment of this Act, the Secretary shall--
                        (A) reevaluate the need for the task force
                    established under paragraph (1); and
                        (B) submit to Congress a recommendation as to
                    whether the task force should continue.

              TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES

    SEC. 6001. PURPOSE.

        The purpose of this title and the amendments made by this title is
    to encourage the development and evaluation of innovative technologies
    aimed at increasing--
                (1) the technological and economic competitiveness of
            industry and manufacturing in the United States; and
                (2) the emissions reduction of nonpower industrial sectors.

    SEC. 6002. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT
                  TECHNOLOGIES FOR INDUSTRY.

        Section 6(a) of the American Energy Manufacturing Technical
    Corrections Act (42 U.S.C. 6351(a)) is amended--
                (1) by striking ``Industrial Technologies Program'' each
            place it appears and inserting ``Advanced Manufacturing
            Office''; and
                (2) in the matter preceding paragraph (1), by striking
            ``Office of Energy'' and all that follows through ``Office of
            Science'' and inserting ``Department of Energy''.

    SEC. 6003. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT
                  PROGRAM.

        (a) In General.--Subtitle D of title IV of the Energy Independence
    and Security Act of 2007 is amended by adding at the end the following:

    ``SEC. 454. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT
                  PROGRAM.

        ``(a) Definitions.--In this section:
                ``(1) Director.--The term `Director' means the Director of
            the Office of Science and Technology Policy.
                ``(2) Eligible entity.--The term `eligible entity' means--
                        ``(A) a scientist or other individual with
                    knowledge and expertise in emissions reduction;
                        ``(B) an institution of higher education;
                        ``(C) a nongovernmental organization;
                        ``(D) a National Laboratory;
                        ``(E) a private entity; and
                        ``(F) a partnership or consortium of 2 or more
                    entities described in subparagraphs (B) through (E).
                ``(3) Emissions reduction.--
                        ``(A) In general.--The term `emissions reduction'
                    means the reduction, to the maximum extent practicable,
                    of net nonwater greenhouse gas emissions to the
                    atmosphere by energy services and industrial processes.
                        ``(B) Exclusion.--The term `emissions reduction'
                    does not include the elimination of carbon embodied in
                    the principal products of industrial manufacturing.
                ``(4) Program.--The term `program' means the program
            established under subsection (b)(1).
                ``(5) Critical material or mineral.--The term `critical
            material or mineral' means a material or mineral that serves an
            essential function in the manufacturing of a product and has a
            high risk of a supply disruption, such that a shortage of such
            a material or mineral would have significant consequences for
            United States economic or national security.
        ``(b) Industrial Emissions Reduction Technology Development
    Program.--
                ``(1) In general.--Not later than 1 year after the date of
            enactment of the Energy Act of 2020, the Secretary, in
            consultation with the Director, the heads of relevant Federal
            agencies, National Laboratories, industry, and institutions of
            higher education, shall establish a crosscutting industrial
            emissions reduction technology development program of research,
            development, demonstration, and commercial application to
            advance innovative technologies that--
                        ``(A) increase the technological and economic
                    competitiveness of industry and manufacturing in the
                    United States;
                        ``(B) increase the viability and competitiveness of
                    United States industrial technology exports; and
                        ``(C) achieve emissions reduction in nonpower
                    industrial sectors.
                ``(2) Coordination.--In carrying out the program, the
            Secretary shall--
                        ``(A) coordinate with each relevant office in the
                    Department and any other Federal agency;
                        ``(B) coordinate and collaborate with the
                    Industrial Technology Innovation Advisory Committee
                    established under section 456; and
                        ``(C) coordinate and seek to avoid duplication with
                    the energy-intensive industries program established
                    under section 452.
                ``(3) Leverage of existing resources.--In carrying out the
            program, the Secretary shall leverage, to the maximum extent
            practicable--
                        ``(A) existing resources and programs of the
                    Department and other relevant Federal agencies; and
                        ``(B) public-private partnerships.
        ``(c) Focus Areas.--The program shall focus on--
                ``(1) industrial production processes, including
            technologies and processes that--
                        ``(A) achieve emissions reduction in high emissions
                    industrial materials production processes, including
                    production processes for iron, steel, steel mill
                    products, aluminum, cement, concrete, glass, pulp,
                    paper, and industrial ceramics;
                        ``(B) achieve emissions reduction in medium- and
                    high-temperature heat generation, including--
                                ``(i) through electrification of heating
                            processes;
                                ``(ii) through renewable heat generation
                            technology;
                                ``(iii) through combined heat and power;
                            and
                                ``(iv) by switching to alternative fuels,
                            including hydrogen and nuclear energy;
                        ``(C) achieve emissions reduction in chemical
                    production processes, including by incorporating, if
                    appropriate and practicable, principles, practices, and
                    methodologies of sustainable chemistry and engineering;
                        ``(D) leverage smart manufacturing technologies and
                    principles, digital manufacturing technologies, and
                    advanced data analytics to develop advanced
                    technologies and practices in information, automation,
                    monitoring, computation, sensing, modeling, and
                    networking to--
                                ``(i) model and simulate manufacturing
                            production lines;
                                ``(ii) monitor and communicate production
                            line status;
                                ``(iii) manage and optimize energy
                            productivity and cost throughout production;
                            and
                                ``(iv) model, simulate, and optimize the
                            energy efficiency of manufacturing processes;
                        ``(E) leverage the principles of sustainable
                    manufacturing to minimize the potential negative
                    environmental impacts of manufacturing while conserving
                    energy and resources, including--
                                ``(i) by designing products that enable
                            reuse, refurbishment, remanufacturing, and
                            recycling;
                                ``(ii) by minimizing waste from industrial
                            processes, including through the reuse of waste
                            as other resources in other industrial
                            processes for mutual benefit; and
                                ``(iii) by increasing resource efficiency;
                            and
                        ``(F) increase the energy efficiency of industrial
                    processes;
                ``(2) alternative materials that produce fewer emissions
            during production and result in fewer emissions during use,
            including--
                        ``(A) high-performance lightweight materials; and
                        ``(B) substitutions for critical materials and
                    minerals;
                ``(3) development of net-zero emissions liquid and gaseous
            fuels;
                ``(4) emissions reduction in shipping, aviation, and long
            distance transportation;
                ``(5) carbon capture technologies for industrial processes;
                ``(6) other technologies that achieve net-zero emissions in
            nonpower industrial sectors, as determined by the Secretary, in
            consultation with the Director; and
                ``(7) high-performance computing to develop advanced
            materials and manufacturing processes contributing to the focus
            areas described in paragraphs (1) through (6), including--
                        ``(A) modeling, simulation, and optimization of the
                    design of energy efficient and sustainable products;
                    and
                        ``(B) the use of digital prototyping and additive
                    manufacturing to enhance product design.
                ``(8) incorporation of sustainable chemistry and
            engineering principles, practices, and methodologies, as the
            Secretary determines appropriate; and
                ``(9) other research or technology areas identified in the
            Strategic Plan authorized in section 455.
        ``(d) Grants, Contracts, Cooperative Agreements, and Demonstration
    Projects.--
                ``(1) Grants.--In carrying out the program, the Secretary
            shall award grants on a competitive basis to eligible entities
            for projects that the Secretary determines would best achieve
            the goals of the program.
                ``(2) Contracts and cooperative agreements.--In carrying
            out the program, the Secretary may enter into contracts and
            cooperative agreements with eligible entities and Federal
            agencies for projects that the Secretary determines would
            further the purposes of the program.
                ``(3) Demonstration projects.--In supporting technologies
            developed under this section, the Secretary shall fund
            demonstration projects that test and validate technologies
            described in subsection (c).
                ``(4) Application.--An entity seeking funding or a contract
            or agreement under this subsection shall submit to the
            Secretary an application at such time, in such manner, and
            containing such information as the Secretary may require.
                ``(5) Cost sharing.--In awarding funds under this section,
            the Secretary shall require cost sharing in accordance with
            section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
        ``(e) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out the demonstration projects
    authorized in subsection (d)(3)--
                ``(1) $20,000,000 for fiscal year 2021;
                ``(2) $80,000,000 for fiscal year 2022;
                ``(3) $100,000,000 for fiscal year 2023;
                ``(4) $150,000,000 for fiscal year 2024; and
                ``(5) $150,000,000 for fiscal year 2025.
        ``(f) Coordination.--The Secretary shall carry out the activities
    authorized in this section in accordance with section 203 of the
    Department of Energy Research and Innovation Act (42 U.S.C. 18631).''.
        (b) Technical Amendment.--The table of contents of the Energy
    Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
    1494) is amended by inserting after the item relating to section 453
    the following:

    ``Sec. 454. Industrial emissions reduction technology development
                                program.''.

    SEC. 6004. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.

        (a) In General.--Subtitle D of title IV of the Energy Independence
    and Security Act of 2007, as amended by section 6003, is amended by
    adding at the end the following:

    ``SEC. 455. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.

        ``(a) Definitions.--In this section:
                ``(1) Committee.--The term `Committee' means the Industrial
            Technology Innovation Advisory Committee established under
            subsection (b).
                ``(2) Director.--The term `Director' means the Director of
            the Office of Science and Technology Policy.
                ``(3) Emissions reduction.--The term `emissions reduction'
            has the meaning given the term in section 454(a).
                ``(4) Program.--The term `program' means the industrial
            emissions reduction technology development program established
            under section 454(b)(1).
        ``(b) Establishment.--Not later than 180 days after the date of
    enactment of the Energy Act of 2020, the Secretary, in consultation
    with the Director, shall establish an advisory committee, to be known
    as the `Industrial Technology Innovation Advisory Committee'.
        ``(c) Membership.--
                ``(1) Appointment.--The Committee shall be comprised of not
            fewer than 16 members and not more than 20 members, who shall
            be appointed by the Secretary, in consultation with the
            Director.
                ``(2) Representation.--Members appointed pursuant to
            paragraph (1) shall include--
                        ``(A) not less than 1 representative of each
                    relevant Federal agency, as determined by the
                    Secretary;
                        ``(B) the Chair of the Secretary of Energy Advisory
                    Board, if that position is filled;
                        ``(C) not less than 2 representatives of labor
                    groups;
                        ``(D) not less than 3 representatives of the
                    research community, which shall include academia and
                    National Laboratories;
                        ``(E) not less than 2 representatives of
                    nongovernmental organizations;
                        ``(F) not less than 6 representatives of small- and
                    large-scale industry, the collective expertise of which
                    shall cover every focus area described in section
                    454(c); and
                        ``(F) not less than 1 representative of a State
                    government; and
                        ``(G) any other individuals the Secretary, in
                    coordination with the Director, determines to be
                    necessary to ensure that the Committee is comprised of
                    a diverse group of representatives of industry,
                    academia, independent researchers, and public and
                    private entities.
                ``(3) Chair.--The Secretary shall designate a member of the
            Committee to serve as Chair.
        ``(d) Duties.--
                ``(1) In general.--The Committee shall--
                        ``(A) in consultation with the Secretary and the
                    Director, propose missions and goals for the program,
                    which shall be consistent with the purposes of the
                    program described in section 454(b)(1); and
                        ``(B) advise the Secretary with respect to the
                    program--
                                ``(i) by identifying and evaluating any
                            technologies being developed by the private
                            sector relating to the focus areas described in
                            section 454(c);
                                ``(ii) by identifying technology gaps in
                            the private sector or other Federal agencies in
                            those focus areas, and making recommendations
                            to address those gaps;
                                ``(iii) by surveying and analyzing factors
                            that prevent the adoption of emissions
                            reduction technologies by the private sector;
                            and
                                ``(iv) by recommending technology screening
                            criteria for technology developed under the
                            program to encourage adoption of the technology
                            by the private sector; and
                        ``(C) develop the strategic plan described in
                    paragraph (2).
                ``(2) Strategic plan.--
                        ``(A) Purpose.--The purpose of the strategic plan
                    developed under paragraph (1)(C) is to set forth a plan
                    for achieving the goals of the program established in
                    section 454(b)(1), including for the focus areas
                    described in section 454(c).
                        ``(B) Contents.--The strategic plan developed under
                    paragraph (1)(C) shall--
                                ``(i) specify near-term and long-term
                            qualitative and quantitative objectives
                            relating to each focus area described in
                            section 454(c), including research,
                            development, demonstration, and commercial
                            application objectives;
                                ``(ii) leverage existing roadmaps relevant
                            to the program in section 454(b)(1) and the
                            focus areas in section 454(c);
                                ``(iii) specify the anticipated timeframe
                            for achieving the objectives specified under
                            clause (i);
                                ``(iv) include plans for developing
                            emissions reduction technologies that are
                            globally cost-competitive, including, as
                            applicable, in developing economies;
                                ``(v) identify the appropriate role for
                            investment by the Federal Government, in
                            coordination with the private sector, to
                            achieve the objectives specified under clause
                            (i);
                                ``(vi) identify the public and private
                            costs of achieving the objectives specified
                            under clause (i); and
                                ``(vii) estimate the economic and
                            employment impact in the United States of
                            achieving those objectives.
        ``(e) Meetings.--
                ``(1) Frequency.--The Committee shall meet not less
            frequently than 2 times per year, at the call of the Chair.
                ``(2) Initial meeting.--Not later than 30 days after the
            date on which the members are appointed under subsection (b),
            the Committee shall hold its first meeting.
        ``(f) Committee Report.--
                ``(1) In general.--Not later than 2 years after the date of
            enactment of the Energy Act of 2020, and not less frequently
            than once every 3 years thereafter, the Committee shall submit
            to the Secretary a report on the progress of achieving the
            purposes of the program.
                ``(2) Contents.--The report under paragraph (1) shall
            include--
                        ``(A) a description of any technology innovation
                    opportunities identified by the Committee;
                        ``(B) a description of any technology gaps
                    identified by the Committee under subsection
                    (d)(1)(B)(ii);
                        ``(C) recommendations for improving technology
                    screening criteria and management of the program;
                        ``(D) an evaluation of the progress of the program
                    and the research, development, and demonstration
                    activities funded under the program;
                        ``(E) any recommended changes to the focus areas of
                    the program described in section 454(c);
                        ``(F) a description of the manner in which the
                    Committee has carried out the duties described in
                    subsection (d)(1) and any relevant findings as a result
                    of carrying out those duties;
                        ``(G) if necessary, an update to the strategic plan
                    developed by the Committee under subsection (d)(1)(C);
                        ``(H) the progress made in achieving the goals set
                    out in that strategic plan;
                        ``(I) a review of the management, coordination, and
                    industry utility of the program;
                        ``(J) an assessment of the extent to which progress
                    has been made under the program in developing
                    commercial, cost-competitive technologies in each focus
                    area described in section 454(c); and
                        ``(K) an assessment of the effectiveness of the
                    program in coordinating efforts within the Department
                    and with other Federal agencies to achieve the purposes
                    of the program.
        ``(g) Report to Congress.--Not later than 60 days after receiving a
    report from the Committee under subsection (f), the Secretary shall
    submit a copy of that report to the Committees on Appropriations and
    Science, Space, and Technology of the House of Representatives, the
    Committees on Appropriations and Energy and Natural Resources of the
    Senate, and any other relevant Committee of Congress.
        ``(h) Applicability of Federal Advisory Committee Act.--Except as
    otherwise provided in this section, the Federal Advisory Committee Act
    (5 U.S.C. App.) shall apply to the Committee.''.
        (b) Technical Amendment.--The table of contents of the Energy
    Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
    1494) (as amended by section 6003(b)) is amended by inserting after the
    item relating to section 454 the following:

    ``Sec. 455. Industrial Technology Innovation Advisory Committee.''.

    SEC. 6005. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL
                  EMISSIONS REDUCTION.

        (a) In General.--Subtitle D of title IV of the Energy Independence
    and Security Act of 2007, as amended by section 6004, is amended by
    adding at the end the following:

    ``SEC. 456. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL
                  EMISSIONS REDUCTION.

        ``(a) Definitions.--In this section:
                ``(1) Eligible entity.--The term `eligible entity' means--
                        ``(A) a State;
                        ``(B) a unit of local government;
                        ``(C) a territory or possession of the United
                    States;
                        ``(D) a relevant State or local office, including
                    an energy office;
                        ``(E) a tribal organization (as defined in section
                    3765 of title 38, United States Code);
                        ``(F) an institution of higher education; and
                        ``(G) a private entity; and
                        ``(H) a trade association or technical society.
                ``(2) Emissions reduction.--The term `emissions reduction'
            has the meaning given the term in section 454(a).
                ``(3) Program.--The term `program' means the program
            established under subsection (b).
        ``(b) Establishment.--Not later than 1 year after the date of
    enactment of the Energy Act of 2020, the Secretary shall establish a
    program to provide technical assistance to eligible entities to promote
    the commercial application of emission reduction technologies developed
    through the program established in section 454(b).
        ``(c) Applications.--
                ``(1) In general.--An eligible entity desiring technical
            assistance under the program shall submit to the Secretary an
            application at such time, in such manner, and containing such
            information as the Secretary may require.
                ``(2) Application process.--The Secretary shall seek
            applications for technical assistance under the program on a
            periodic basis, but not less frequently than once every 12
            months.
                ``(3) Factors for consideration.--In selecting eligible
            entities for technical assistance under the program, the
            Secretary shall, to the maximum extent practicable--
                        ``(A) give priority to--
                                ``(i) activities carried out with technical
                            assistance under the program that have the
                            greatest potential for achieving emissions
                            reduction in nonpower industrial sectors;
                                ``(ii) activities carried out in a State in
                            which there are active or inactive industrial
                            facilities that may be used or retrofitted to
                            carry out activities under the focus areas
                            described in section 454(c); and
                                ``(iii) activities carried out in an
                            economically distressed area (as described in
                            section 301(a) of the Public Works and Economic
                            Development Act of 1965 (42 U.S.C. 3161(a)));
                            and
                        ``(B) ensure that--
                                ``(i) there is geographic diversity among
                            the eligible entities selected; and
                                ``(ii) the activities carried out with
                            technical assistance under the program reflect
                            a majority of the focus areas described in
                            section 454(c).''.
        (b) Technical Amendment.--The table of contents of the Energy
    Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
    1494) (as amended by section 6004(b)) is amended by inserting after the
    item relating to section 455 the following:

    ``Sec. 456. Technical assistance program to implement industrial
                                emissions reduction.''.

    SEC. 6006. DEVELOPMENT OF NATIONAL SMART MANUFACTURING PLAN.

        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Secretary of Energy (in this section referred to as
    the ``Secretary''), in consultation with the National Academies, shall
    develop and complete a national plan for smart manufacturing technology
    development and deployment to improve the productivity and energy
    efficiency of the manufacturing sector of the United States.
        (b) Content.--
                (1) In general.--The plan developed under subsection (a)
            shall identify areas in which agency actions by the Secretary
            and other heads of relevant Federal agencies would--
                        (A) facilitate quicker development, deployment, and
                    adoption of smart manufacturing technologies and
                    processes;
                        (B) result in greater energy efficiency and lower
                    environmental impacts for all American manufacturers;
                    and
                        (C) enhance competitiveness and strengthen the
                    manufacturing sectors of the United States.
                (2) Inclusions.--Agency actions identified under paragraph
            (1) shall include--
                        (A) an assessment of previous and current actions
                    of the Department relating to smart manufacturing;
                        (B) the establishment of voluntary interconnection
                    protocols and performance standards;
                        (C) the use of smart manufacturing to improve
                    energy efficiency and reduce emissions in supply chains
                    across multiple companies;
                        (D) actions to increase cybersecurity in smart
                    manufacturing infrastructure;
                        (E) deployment of existing research results;
                        (F) the leveraging of existing high-performance
                    computing infrastructure; and
                        (G) consideration of the impact of smart
                    manufacturing on existing manufacturing jobs and future
                    manufacturing jobs.
        (c) Biennial Revisions.--Not later than 2 years after the date on
    which the Secretary completes the plan under subsection (a), and not
    less frequently than once every 2 years thereafter, the Secretary shall
    revise the plan to account for advancements in information and
    communication technology and manufacturing needs.
        (d) Report.--Annually until the completion of the plan under
    subsection (a), the Secretary shall submit to Congress a report on the
    progress made in developing the plan.
        (e) Definition.--In this section, the term ``smart manufacturing''
    means advanced technologies in information, automation, monitoring,
    computation, sensing, modeling, artificial intelligence, analytics, and
    networking that--
                (1) digitally--
                        (A) simulate manufacturing production lines;
                        (B) operate computer-controlled manufacturing
                    equipment;
                        (C) monitor and communicate production line status;
                    and
                        (D) manage and optimize energy productivity and
                    cost throughout production;
                (2) model, simulate, and optimize the energy efficiency of
            a factory building;
                (3) monitor and optimize building energy performance;
                (4) model, simulate, and optimize the design of energy
            efficient and sustainable products, including the use of
            digital prototyping and additive manufacturing to enhance
            product design;
                (5) connect manufactured products in networks to monitor
            and optimize the performance of the networks, including
            automated network operations; and
                (6) digitally connect the supply chain network.

                          TITLE VII--CRITICAL MINERALS

    SEC. 7001. RARE EARTH ELEMENTS.

        (a) Research Program.--
                (1) In general.--The Secretary of Energy, acting through
            the Assistant Secretary for Fossil Energy (referred to in this
            section as the ``Secretary''), shall conduct a program of
            research and development--
                        (A) to develop and assess advanced separation
                    technologies for the extraction and recovery of rare
                    earth elements and other critical materials from coal
                    and coal byproducts; and
                        (B) to determine if there are, and mitigate, any
                    potential environmental or public health impacts that
                    could arise from the recovery of rare earth elements
                    from coal-based resources.
                (2) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary to carry out the program
            described in paragraph (1)--
                        (A) $23,000,000 for each of fiscal years 2021 and
                    2022;
                        (B) $24,200,000 for fiscal year 2023;
                        (C) $25,400,000 for fiscal year 2024;
                        (D) $26,600,000 for fiscal year 2025; and
                        (E) $27,800,000 for fiscal year 2026.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Energy and
    Natural Resources of the Senate and the Committees on Science, Space,
    and Technology and Energy and Commerce of the House of Representatives
    a report evaluating the development of advanced separation technologies
    for the extraction and recovery of rare earth elements and other
    critical materials from coal and coal byproducts, including acid mine
    drainage from coal mines.
        (c) Critical Material.--In this section, the term ``critical
    material'' has the meaning given the term in section 7002 of this Act.

    SEC. 7002. MINERAL SECURITY.

        (a) Definitions.--In this section:
                (1) Byproduct.--The term ``byproduct'' means a critical
            mineral--
                        (A) the recovery of which depends on the production
                    of a host mineral that is not designated as a critical
                    mineral; and
                        (B) that exists in sufficient quantities to be
                    recovered during processing or refining.
                (2) Critical material.--The term ``critical material''
            means--
                        (A) any non-fuel mineral, element, substance, or
                    material that the Secretary of Energy determines--
                                (i) has a high risk of a supply chain
                            disruption; and
                                (ii) serves an essential function in 1 or
                            more energy technologies, including
                            technologies that produce, transmit, store, and
                            conserve energy; or
                        (B) a critical mineral.
                (3) Critical mineral.--
                        (A) In general.--The term ``critical mineral''
                    means any mineral, element, substance, or material
                    designated as critical by the Secretary under
                    subsection (c).
                        (B) Exclusions.--The term ``critical mineral'' does
                    not include--
                                (i) fuel minerals;
                                (ii) water, ice, or snow;
                                (iii) common varieties of sand, gravel,
                            stone, pumice, cinders, and clay.
                (4) Indian tribe.--The term ``Indian Tribe'' has the
            meaning given the term in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304).
                (5) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (6) State.--The term ``State'' means--
                        (A) a State;
                        (B) the District of Columbia;
                        (C) the Commonwealth of Puerto Rico;
                        (D) Guam;
                        (E) American Samoa;
                        (F) the Commonwealth of the Northern Mariana
                    Islands; and
                        (G) the United States Virgin Islands.
                (7) Institution of higher education.--The term
            ``institution of higher education'' means--
                        (A) an institution of higher education (as defined
                    in section 101(a) of the Higher Education Act of 1965
                    (20 U.S.C. 1001(a))); or
                        (B) a postsecondary vocational institution (as
                    defined in section 102(c) of the Higher Education Act
                    of 1965 (20 U.S.C. 1002(c))).
        (b) Policy.--
                (1) In general.--Section 3 of the National Materials and
            Minerals Policy, Research and Development Act of 1980 (30
            U.S.C. 1602) is amended--
                        (A) by striking paragraph (3) and inserting the
                    following:
                ``(3) establish an analytical and forecasting capability
            for identifying critical mineral demand, supply, and other
            factors to allow informed actions to be taken to avoid supply
            shortages, mitigate price volatility, and prepare for demand
            growth and other market shifts;'';
                        (B) in paragraph (6), by striking ``and'' after the
                    semicolon at the end; and
                        (C) by striking paragraph (7) and inserting the
                    following:
                ``(7) facilitate the availability, development, and
            environmentally responsible production of domestic resources to
            meet national material or critical mineral needs;
                ``(8) avoid duplication of effort, prevent unnecessary
            paperwork, and minimize delays in the administration of
            applicable laws (including regulations) and the issuance of
            permits and authorizations necessary to explore for, develop,
            and produce critical minerals and to construct critical mineral
            manufacturing facilities in accordance with applicable
            environmental and land management laws;
                ``(9) strengthen--
                        ``(A) educational and research capabilities at not
                    lower than the secondary school level; and
                        ``(B) workforce training for exploration and
                    development of critical minerals and critical mineral
                    manufacturing;
                ``(10) bolster international cooperation through technology
            transfer, information sharing, and other means;
                ``(11) promote the efficient production, use, and recycling
            of critical minerals;
                ``(12) develop alternatives to critical minerals; and
                ``(13) establish contingencies for the production of, or
            access to, critical minerals for which viable sources do not
            exist within the United States.''.
                (2) Conforming amendment.--Section 2(b) of the National
            Materials and Minerals Policy, Research and Development Act of
            1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As used
            in this Act, the term'' and inserting the following:
        ``(b) Definitions.--In this Act:
                ``(1) Critical mineral.--The term `critical mineral' means
            any mineral, element, substance, or material designated as
            critical by the Secretary under section 7002(c) of the Energy
            Act of 2020.
                ``(2) Materials.--The term''.
        (c) Critical Mineral Designations.--
                (1) Draft methodology and list.--The Secretary, acting
            through the Director of the United States Geological Survey
            (referred to in this subsection as the ``Secretary''), shall
            publish in the Federal Register for public comment--
                        (A) a description of the draft methodology used to
                    identify a draft list of critical minerals;
                        (B) a draft list of minerals, elements, substances,
                    and materials that qualify as critical minerals; and
                        (C) a draft list of critical minerals recovered as
                    byproducts and their host minerals.
                (2) Availability of data.--If available data is
            insufficient to provide a quantitative basis for the
            methodology developed under this subsection, qualitative
            evidence may be used to the extent necessary.
                (3) Final methodology and list.--After reviewing public
            comments on the draft methodology and the draft lists published
            under paragraph (1) and updating the methodology and lists as
            appropriate, not later than 45 days after the date on which the
            public comment period with respect to the draft methodology and
            draft lists closes, the Secretary shall publish in the Federal
            Register--
                        (A) a description of the final methodology for
                    determining which minerals, elements, substances, and
                    materials qualify as critical minerals;
                        (B) the final list of critical minerals; and
                        (C) the final list of critical minerals recovered
                    as byproducts and their host minerals.
                (4) Designations.--
                        (A) In general.--For purposes of carrying out this
                    subsection, the Secretary shall maintain a list of
                    minerals, elements, substances, and materials
                    designated as critical, pursuant to the final
                    methodology published under paragraph (3), that the
                    Secretary determines--
                                (i) are essential to the economic or
                            national security of the United States;
                                (ii) the supply chain of which is
                            vulnerable to disruption (including
                            restrictions associated with foreign political
                            risk, abrupt demand growth, military conflict,
                            violent unrest, anti-competitive or
                            protectionist behaviors, and other risks
                            throughout the supply chain); and
                                (iii) serve an essential function in the
                            manufacturing of a product (including energy
                            technology-, defense-, currency-, agriculture-,
                            consumer electronics-, and health care-related
                            applications), the absence of which would have
                            significant consequences for the economic or
                            national security of the United States.
                        (B) Inclusions.--Notwithstanding the criteria under
                    paragraph (3), the Secretary may designate and include
                    on the list any mineral, element, substance, or
                    material determined by another Federal agency to be
                    strategic and critical to the defense or national
                    security of the United States.
                        (C) Required consultation.--The Secretary shall
                    consult with the Secretaries of Defense, Commerce,
                    Agriculture, and Energy and the United States Trade
                    Representative in designating minerals, elements,
                    substances, and materials as critical under this
                    paragraph.
                (5) Subsequent review.--
                        (A) In general.--The Secretary, in consultation
                    with the Secretaries of Defense, Commerce, Agriculture,
                    and Energy and the United States Trade Representative,
                    shall review the methodology and list under paragraph
                    (3) and the designations under paragraph (4) at least
                    every 3 years, or more frequently as the Secretary
                    considers to be appropriate.
                        (B) Revisions.--Subject to paragraph (4)(A), the
                    Secretary may--
                                (i) revise the methodology described in
                            this subsection;
                                (ii) determine that minerals, elements,
                            substances, and materials previously determined
                            to be critical minerals are no longer critical
                            minerals; and
                                (iii) designate additional minerals,
                            elements, substances, or materials as critical
                            minerals.
                (6) Notice.--On finalization of the methodology and the
            list under paragraph (3), or any revision to the methodology or
            list under paragraph (5), the Secretary shall submit to
            Congress written notice of the action.
        (d) Resource Assessment.--
                (1) In general.--Not later than 4 years after the date of
            enactment of this Act, in consultation with applicable State
            (including geological surveys), local, academic, industry, and
            other entities, the Secretary (acting through the Director of
            the United States Geological Survey) or a designee of the
            Secretary, shall complete a comprehensive national assessment
            of each critical mineral that--
                        (A) identifies and quantifies known critical
                    mineral resources, using all available public and
                    private information and datasets, including exploration
                    histories; and
                        (B) provides a quantitative and qualitative
                    assessment of undiscovered critical mineral resources
                    throughout the United States, including probability
                    estimates of tonnage and grade, using all available
                    public and private information and datasets, including
                    exploration histories.
                (2) Supplementary information.--In carrying out this
            subsection, the Secretary may carry out surveys and field work
            (including drilling, remote sensing, geophysical surveys,
            topographical and geological mapping, and geochemical sampling
            and analysis) to supplement existing information and datasets
            available for determining the existence of critical minerals in
            the United States.
                (3) Public access.--Subject to applicable law, to the
            maximum extent practicable, the Secretary shall make all data
            and metadata collected from the comprehensive national
            assessment carried out under paragraph (1) publically and
            electronically accessible.
                (4) Technical assistance.--At the request of the Governor
            of a State or the head of an Indian Tribe, the Secretary may
            provide technical assistance to State governments and Indian
            Tribes conducting critical mineral resource assessments on non-
            Federal land.
                (5) Prioritization.--
                        (A) In general.--The Secretary may sequence the
                    completion of resource assessments for each critical
                    mineral such that critical minerals considered to be
                    most critical under the methodology established under
                    subsection (c) are completed first.
                        (B) Reporting.--During the period beginning not
                    later than 1 year after the date of enactment of this
                    Act and ending on the date of completion of all of the
                    assessments required under this subsection, the
                    Secretary shall submit to Congress on an annual basis
                    an interim report that--
                                (i) identifies the sequence and schedule
                            for completion of the assessments if the
                            Secretary sequences the assessments; or
                                (ii) describes the progress of the
                            assessments if the Secretary does not sequence
                            the assessments.
                (6) Updates.--The Secretary may periodically update the
            assessments conducted under this subsection based on--
                        (A) the generation of new information or datasets
                    by the Federal Government; or
                        (B) the receipt of new information or datasets from
                    critical mineral producers, State geological surveys,
                    academic institutions, trade associations, or other
                    persons.
                (7) Additional surveys.--The Secretary shall complete a
            resource assessment for each additional mineral or element
            subsequently designated as a critical mineral under subsection
            (c)(5)(B) not later than 2 years after the designation of the
            mineral or element.
                (8) Report.--Not later than 2 years after the date of
            enactment of this Act, the Secretary shall submit to Congress a
            report describing the status of geological surveying of Federal
            land for any mineral commodity--
                        (A) for which the United States was dependent on a
                    foreign country for more than 25 percent of the United
                    States supply, as depicted in the report issued by the
                    United States Geological Survey entitled ``Mineral
                    Commodity Summaries 2021''; but
                        (B) that is not designated as a critical mineral
                    under subsection (c).
        (e) Report of Small Business Administration.--Not later than 1 year
    and 300 days after the date of enactment of this Act, the Administrator
    of the Small Business Administration shall submit to the applicable
    committees of Congress a report that assesses the performance of
    Federal agencies with respect to--
                (1) complying with chapter 6 of title 5, United States Code
            (commonly known as the ``Regulatory Flexibility Act''), in
            promulgating regulations applicable to the critical minerals
            industry; and
                (2) performing an analysis of the efficiency of regulations
            applicable to the critical minerals industry, including those
            that are disproportionately burdensome to small businesses.
        (f) Federal Register Process.--
                (1) Departmental review.--Absent any extraordinary
            circumstance, and except as otherwise required by law, the
            Secretary and the Secretary of Agriculture shall ensure that
            each Federal Register notice described in paragraph (2) shall
            be--
                        (A) subject to any required reviews within the
                    Department of the Interior or the Department of
                    Agriculture; and
                        (B) published in final form in the Federal Register
                    not later than 45 days after the date of initial
                    preparation of the notice.
                (2) Preparation.--The preparation of Federal Register
            notices required by law associated with the issuance of a
            critical mineral exploration or mine permit shall be delegated
            to the organizational level within the agency responsible for
            issuing the critical mineral exploration or mine permit.
                (3) Transmission.--All Federal Register notices regarding
            official document availability, announcements of meetings, or
            notices of intent to undertake an action shall be originated
            in, and transmitted to the Federal Register from, the office in
            which, as applicable--
                        (A) the documents or meetings are held; or
                        (B) the activity is initiated.
                (4) Application of certain provisions.--
                        (A) In general.--Subsection (f) shall also apply
                    to--
                                (i) an exploration project in which the
                            presence of a byproduct is reasonably expected,
                            based on known mineral companionality, geologic
                            formation, mineralogy, or other factors; and
                                (ii) a project that demonstrates that a
                            byproduct is of sufficient grade that, when
                            combined with the production of a host mineral,
                            the byproduct is economic to recover, as
                            determined by the applicable Secretary in
                            accordance with subparagraph (B), and that the
                            byproduct will be recovered in commercial
                            quantities.
                        (B) Requirement.--In making the determination under
                    subparagraph (A)(ii), the applicable Secretary shall
                    consider the cost effectiveness of the byproducts
                    recovery.
        (g) Recycling, Innovation, Efficiency, and Alternatives.--
                (1) Establishment.--The Secretary of Energy (referred to in
            this subsection as the ``Secretary'') shall conduct a program
            (referred to in this subsection as the ``program'') of
            research, development, demonstration, and commercialization--
                        (A) to develop alternatives to critical materials
                    that do not occur in significant abundance in the
                    United States;
                        (B) to promote the efficient production, use, and
                    recycling of critical materials, with special
                    consideration for domestic critical materials,
                    throughout the supply chain;
                        (C) to ensure the long-term, secure, and
                    sustainable supply of critical materials; and
                        (D) to prioritize work in areas that the private
                    sector by itself is not likely to undertake due to
                    financial or technical limitations.
                (2) Cooperation.--In carrying out the program, the
            Secretary shall cooperate with appropriate--
                        (A) Federal agencies, including the Department of
                    the Interior;
                        (B) the National Laboratories;
                        (C) critical material producers, processors, and
                    manufacturers;
                        (D) trade associations;
                        (E) academic institutions (including students and
                    postdoctoral staff at institutions of higher
                    education);
                        (F) small businesses;
                        (G) nongovernmental organizations; and
                        (H) other relevant entities or individuals.
                (3) Energy innovation hub.--In carrying out the program,
            the Secretary may use an Energy Innovation Hub authorized under
            section 206 of the Department of Energy Research Coordination
            Act (42 U.S.C. 18632).
                (4) Activities.--Under the program, the Secretary shall
            carry out activities that include the identification and
            development of--
                        (A) alternative materials, particularly materials
                    available in abundance within the United States and not
                    subject to potential supply restrictions, that lessen
                    the need for critical materials;
                        (B) alternative energy technologies or alternative
                    designs of existing energy technologies, particularly
                    technologies or designs that use materials that--
                                (i) occur in abundance in the United
                            States; and
                                (ii) are not subject to potential supply
                            restrictions;
                        (C) technologies or process improvements that
                    minimize the use and content, or lead to more efficient
                    use, of critical materials across the full supply
                    chain;
                        (D) innovative technologies and practices to
                    diversify commercially viable and sustainable domestic
                    sources of critical materials, including technologies
                    for recovery from waste streams;
                        (E) technologies, process improvements, or design
                    optimizations that facilitate the recycling of critical
                    materials, and options for improving the rates of
                    collection of products and scrap containing critical
                    materials from post-consumer, industrial, or other
                    waste streams;
                        (F) advanced critical material extraction,
                    production, separation, alloying, or processing
                    technologies that decrease the energy consumption,
                    environmental impact, and costs of those activities,
                    including--
                                (i) efficient water and wastewater
                            management strategies;
                                (ii) technologies and management strategies
                            to control the environmental impacts of
                            radionuclides in ore tailings;
                                (iii) technologies for separation and
                            processing; and
                                (iv) technologies for increasing the
                            recovery rates of coproducts and byproducts
                            from host metal ores;
                        (G) commercial markets, advanced storage methods,
                    energy applications, and other beneficial uses of
                    critical materials; and
                        (H) advanced theoretical, computational, and
                    experimental tools necessary to support the
                    crosscutting research and development needs of diverse
                    critical minerals stakeholders.
                (5) Plan.--
                        (A) In general.--Not later than 1 year after the
                    date of enactment of this Act, the Secretary shall
                    submit to Congress a plan to carry out the program.
                        (B) Inclusions.--The plan under subparagraph (A)
                    shall include a description of--
                                (i) the research and development activities
                            to be carried out under the program during the
                            subsequent 2 years;
                                (ii) the expected contributions under the
                            program to the creation of innovative methods
                            and technologies for the efficient and
                            sustainable provision of critical materials to
                            the domestic economy;
                                (iii) the expected activities under the
                            program to mitigate the environmental and
                            health impacts of the extraction, processing,
                            manufacturing, use, recovery, and recycling of
                            critical materials; and
                                (iv) how the program will promote the
                            broadest possible participation by academic,
                            industrial, and other contributors and the
                            public.
                (6) Coordination and nonduplication.--To the maximum extent
            practicable, the Secretary shall ensure that the activities
            carried out under this subsection are coordinated with, and do
            not duplicate the efforts of, other programs within the Federal
            Government, including the work underway by the Critical
            Materials Institute and the National Minerals Information
            Center.
                (7) Standard of review.--Not later than 2 years after the
            date of enactment of this Act, the Secretary shall conduct a
            review of activities carried out under the program to determine
            the achievement of the technical milestones identified under
            paragraph (8)(D)(i)(I).
                (8) Critical materials consortium.--
                        (A) In general.--Not later than 1 year after the
                    date of enactment of this Act, the Secretary shall
                    establish and operate a Critical Materials Consortium
                    (referred to in this paragraph as the ``Consortium'')
                    for the purpose of supporting the program by providing,
                    to the maximum extent practicable, a centralized entity
                    for multidisciplinary, collaborative, critical
                    materials research and development.
                        (B) Leadership.--If an Energy Innovation Hub
                    authorized under section 206 of the Department of
                    Energy Research Coordination Act (42 U.S.C. 18632) that
                    is focused on critical materials exists on the date of
                    enactment of this Act, the Secretary shall leverage the
                    personnel and expertise of the Energy Innovation Hub to
                    manage the Consortium for not less than 3 years
                    following the date on which the Consortium is
                    established.
                        (C) Membership.--The members of the Consortium
                    shall be representatives from relevant Federal
                    agencies, the National Laboratories, the National
                    Minerals Information Center, institutions of higher
                    education, private sector entities, multiinstitutional
                    collaborations, and other appropriate entities.
                        (D) Responsibilities.--The Consortium shall--
                                (i) develop and implement a multiyear plan
                            that--
                                        (I) identifies technical goals and
                                    milestones for the program;
                                        (II) utilizes the high performance
                                    computing capabilities of the
                                    Department; and
                                        (III) leverages the expertise of
                                    the National Laboratories and the
                                    United States Geological Survey; and
                                (ii) submit an annual report to the
                            Secretary summarizing the activities of the
                            Consortium, including an evaluation of the role
                            of the Consortium in the achievement of the
                            technical milestones identified under clause
                            (i)(I).
                        (E) Sunset; termination.--
                                (i) In general.--The Secretary may provide
                            support to the Consortium for a period of not
                            more than 10 years, subject to the availability
                            of appropriations.
                                (ii) Merit review.--Not later than 5 years
                            after the date on which the Consortium is
                            established, the Secretary shall conduct a
                            rigorous merit review to determine whether the
                            Consortium helped the program achieve the
                            technical milestones identified under
                            subparagraph (D)(i)(I).
                                (iii) Termination.--If the Secretary
                            determines that the Consortium has not helped
                            the program achieve the technical milestones
                            identified under subparagraph (D)(i)(I), the
                            Secretary may terminate any financial or
                            technical support that the Department provides
                            to the Consortium.
                (9) Reports.--Not later than 2 years after the date of
            enactment of this Act, and annually thereafter, the Secretary
            shall submit to Congress a report summarizing the activities,
            findings, and progress of the program.
                (10) Authorization of appropriations.--There are authorized
            to be appropriated to the Secretary to carry out this
            subsection--
                        (A) $125,000,000 for fiscal year 2021;
                        (B) $105,000,000 for fiscal year 2022;
                        (C) $100,000,000 for fiscal year 2023;
                        (D) $135,000,000 for fiscal year 2024; and
                        (E) $135,000,000 for fiscal year 2025.
        (h) Critical Materials Supply Chain Research Facility.--
                (1) In general.--The Secretary of Energy (referred to in
            this subsection as the ``Secretary'') shall support
            construction of a Critical Materials Supply Chain Research
            Facility (referred to in this subsection as the ``facility'').
                (2) Requirements.--The facility--
                        (A) shall be used to further enable research,
                    development, demonstration, and commercialization
                    activities throughout the supply chain for critical
                    materials; and
                        (B) shall provide an integrated, rapidly
                    reconfigurable research platform.
                (3) Authorization of appropriations.--There are authorized
            to be appropriated to the Secretary to fund the design and
            construction of the facility, to remain available until
            expended--
                        (A) $10,000,000 for fiscal year 2021;
                        (B) $30,000,000 for fiscal year 2022; and
                        (C) $35,000,000 for fiscal year 2023.
        (i) Critical Materials Research Database and Information Portal.--
                (1) In general.--In carrying out the program established
            under subsection (g)(1), the Secretary and the Secretary of
            Energy (referred to in this subsection as the ``Secretaries''),
            in consultation with the Director of the National Science
            Foundation, shall establish and operate a Critical Materials
            Information Portal (referred to in this subsection as the
            ``Portal'') to collect, catalogue, disseminate, and archive
            information on critical materials.
                (2) Cooperation.--In carrying out paragraph (1), the
            Secretaries shall leverage the expertise of the National
            Minerals Information Center, the Office of Scientific and
            Technical Information, and the Critical Materials Consortium
            established under subsection (g)(8)(A).
                (3) Purpose.--The purpose of the Portal is to support the
            development of a web-based platform to provide public access to
            a database of computed information on known and predicted
            critical materials and related material properties and
            computational tools in order--
                        (A) to accelerate breakthroughs in critical
                    materials identification and design;
                        (B) to strengthen the foundation for technologies
                    that will enable more sustainable recycling,
                    substitution, use, and recovery and minimize the
                    environmental impacts of methods for extraction,
                    processing, and manufacturing of critical materials;
                    and
                        (C) to drive the development of advanced materials
                    for applications that span the missions of the
                    Department of Energy and the Department of the Interior
                    (referred to in this subsection as the ``Departments'')
                    in energy, environment, and national security.
                (4) Activities.--In carrying out this subsection, the
            Secretaries shall--
                        (A) conduct cooperative research with industry,
                    academia, and other research institutions to facilitate
                    the design of novel materials, including critical
                    materials and substitutes for critical materials;
                        (B) leverage existing high-performance computing
                    systems to conduct high throughput calculations and
                    develop computing and data mining algorithms for the
                    prediction of material properties, including a focus on
                    critical materials;
                        (C) leverage and support research in mineralogy and
                    mineral chemistry to enhance the understanding,
                    prediction, and manipulation of critical materials;
                        (D) assist scientists and engineers in making the
                    fullest possible use of the relevant data holdings of
                    the Departments, including the scientific and technical
                    data generated by the research and development
                    activities funded under subsection (g);
                        (E) seek and incorporate other information on
                    critical materials to enhance the Departments' utility
                    for program participants and other users; and
                        (F) manage and make available to researchers and
                    the public accessible, curated, standardized, secure,
                    and privacy-protected data sets from the public and
                    private sectors for the purposes of critical materials
                    research and development activities.
                (5) Proprietary information.--In carrying out this
            subsection, the Secretaries shall ensure, consistent with
            section 5(f) of the National Materials and Minerals Policy,
            Research and Development Act of 1980 (30 U.S.C. 1604(f)),
            that--
                        (A) no person uses the information and data
                    collected for the Portal for a purpose other than the
                    development of, or reporting of, aggregate data in a
                    manner such that the identity of the person or firm who
                    supplied the information is not discernible and is not
                    material to the intended uses of the information;
                        (B) no person discloses any information or data
                    collected for the Portal unless the information or data
                    has been transformed into a statistical or aggregate
                    form that does not allow the identification of the
                    person or firm who supplied particular information; and
                        (C) procedures are established to require the
                    withholding of any information or data collected for
                    the Portal if at least 1 of the Secretaries determines
                    that the withholding is necessary to protect
                    proprietary information, including any trade secrets or
                    other confidential information.
        (j) Analysis and Forecasting.--
                (1) Capabilities.--In order to evaluate existing critical
            mineral policies and inform future actions that may be taken to
            avoid supply shortages, mitigate price volatility, and prepare
            for demand growth and other market shifts, the Secretary
            (acting through the Director of the United States Geological
            Survey) or a designee of the Secretary, in consultation with
            the Energy Information Administration, academic institutions,
            and others in order to maximize the application of existing
            competencies related to developing and maintaining computer-
            models and similar analytical tools, shall conduct and publish
            the results of an annual report that includes--
                        (A) as part of the annually published Mineral
                    Commodity Summaries from the United States Geological
                    Survey, a comprehensive review of critical mineral
                    production, consumption, and recycling patterns,
                    including--
                                (i) the quantity of each critical mineral
                            domestically produced during the preceding
                            year;
                                (ii) the quantity of each critical mineral
                            domestically consumed during the preceding
                            year;
                                (iii) market price data or other price data
                            for each critical mineral;
                                (iv) an assessment of--
                                        (I) critical mineral requirements
                                    to meet the national security, energy,
                                    economic, industrial, technological,
                                    and other needs of the United States
                                    during the preceding year;
                                        (II) the reliance of the United
                                    States on foreign sources to meet those
                                    needs during the preceding year; and
                                        (III) the implications of any
                                    supply shortages, restrictions, or
                                    disruptions during the preceding year;
                                (v) the quantity of each critical mineral
                            domestically recycled during the preceding
                            year;
                                (vi) the market penetration during the
                            preceding year of alternatives to each critical
                            mineral;
                                (vii) a discussion of international trends
                            associated with the discovery, production,
                            consumption, use, costs of production, prices,
                            and recycling of each critical mineral as well
                            as the development of alternatives to critical
                            minerals; and
                                (viii) such other data, analyses, and
                            evaluations as the Secretary finds are
                            necessary to achieve the purposes of this
                            subsection; and
                        (B) a comprehensive forecast, entitled the ``Annual
                    Critical Minerals Outlook'', of projected critical
                    mineral production, consumption, and recycling
                    patterns, including--
                                (i) the quantity of each critical mineral
                            projected to be domestically produced over the
                            subsequent 1-year, 5-year, and 10-year periods;
                                (ii) the quantity of each critical mineral
                            projected to be domestically consumed over the
                            subsequent 1-year, 5-year, and 10-year periods;
                                (iii) an assessment of--
                                        (I) critical mineral requirements
                                    to meet projected national security,
                                    energy, economic, industrial,
                                    technological, and other needs of the
                                    United States;
                                        (II) the projected reliance of the
                                    United States on foreign sources to
                                    meet those needs; and
                                        (III) the projected implications of
                                    potential supply shortages,
                                    restrictions, or disruptions;
                                (iv) the quantity of each critical mineral
                            projected to be domestically recycled over the
                            subsequent 1-year, 5-year, and 10-year periods;
                                (v) the market penetration of alternatives
                            to each critical mineral projected to take
                            place over the subsequent 1-year, 5-year, and
                            10-year periods;
                                (vi) a discussion of reasonably foreseeable
                            international trends associated with the
                            discovery, production, consumption, use, costs
                            of production, and recycling of each critical
                            mineral as well as the development of
                            alternatives to critical minerals; and
                                (vii) such other projections relating to
                            each critical mineral as the Secretary
                            determines to be necessary to achieve the
                            purposes of this subsection.
                (2) Proprietary information.--In preparing a report
            described in paragraph (1), the Secretary shall ensure,
            consistent with section 5(f) of the National Materials and
            Minerals Policy, Research and Development Act of 1980 (30
            U.S.C. 1604(f)), that--
                        (A) no person uses the information and data
                    collected for the report for a purpose other than the
                    development of or reporting of aggregate data in a
                    manner such that the identity of the person or firm who
                    supplied the information is not discernible and is not
                    material to the intended uses of the information;
                        (B) no person discloses any information or data
                    collected for the report unless the information or data
                    has been transformed into a statistical or aggregate
                    form that does not allow the identification of the
                    person or firm who supplied particular information; and
                        (C) procedures are established to require the
                    withholding of any information or data collected for
                    the report if the Secretary determines that withholding
                    is necessary to protect proprietary information,
                    including any trade secrets or other confidential
                    information.
        (k) Education and Workforce.--
                (1) Workforce assessment.--Not later than 1 year and 300
            days after the date of enactment of this Act, the Secretary of
            Labor (in consultation with the Secretary, the Director of the
            National Science Foundation, institutions of higher education
            with substantial expertise in mining, institutions of higher
            education with significant expertise in minerals research,
            including fundamental research into alternatives, and employers
            in the critical minerals sector) shall submit to Congress an
            assessment of the domestic availability of technically trained
            personnel necessary for critical mineral exploration,
            development, assessment, production, manufacturing, recycling,
            analysis, forecasting, education, and research, including an
            analysis of--
                        (A) skills that are in the shortest supply as of
                    the date of the assessment;
                        (B) skills that are projected to be in short supply
                    in the future;
                        (C) the demographics of the critical minerals
                    industry and how the demographics will evolve under the
                    influence of factors such as an aging workforce;
                        (D) the effectiveness of training and education
                    programs in addressing skills shortages;
                        (E) opportunities to hire locally for new and
                    existing critical mineral activities;
                        (F) the sufficiency of personnel within relevant
                    areas of the Federal Government for achieving the
                    policies described in section 3 of the National
                    Materials and Minerals Policy, Research and Development
                    Act of 1980 (30 U.S.C. 1602); and
                        (G) the potential need for new training programs to
                    have a measurable effect on the supply of trained
                    workers in the critical minerals industry.
                (2) Curriculum study.--
                        (A) In general.--The Secretary and the Secretary of
                    Labor shall jointly enter into an arrangement with the
                    National Academy of Sciences and the National Academy
                    of Engineering under which the Academies shall
                    coordinate with the National Science Foundation on
                    conducting a study--
                                (i) to design an interdisciplinary program
                            on critical minerals that will support the
                            critical mineral supply chain and improve the
                            ability of the United States to increase
                            domestic, critical mineral exploration,
                            development, production, manufacturing,
                            research, including fundamental research into
                            alternatives, and recycling;
                                (ii) to address undergraduate and graduate
                            education, especially to assist in the
                            development of graduate level programs of
                            research and instruction that lead to advanced
                            degrees with an emphasis on the critical
                            mineral supply chain or other positions that
                            will increase domestic, critical mineral
                            exploration, development, production,
                            manufacturing, research, including fundamental
                            research into alternatives, and recycling;
                                (iii) to develop guidelines for proposals
                            from institutions of higher education with
                            substantial capabilities in the required
                            disciplines for activities to improve the
                            critical mineral supply chain and advance the
                            capacity of the United States to increase
                            domestic, critical mineral exploration,
                            research, development, production,
                            manufacturing, and recycling; and
                                (iv) to outline criteria for evaluating
                            performance and recommendations for the amount
                            of funding that will be necessary to establish
                            and carry out the program described in
                            paragraph (3).
                        (B) Report.--Not later than 2 years after the date
                    of enactment of this Act, the Secretary shall submit to
                    Congress a description of the results of the study
                    required under subparagraph (A).
                (3) Program.--
                        (A) Establishment.--The Secretary and the Secretary
                    of Labor shall jointly conduct a competitive grant
                    program under which institutions of higher education
                    may apply for and receive 4-year grants for--
                                (i) startup costs for newly designated
                            faculty positions in integrated critical
                            mineral education, research, innovation,
                            training, and workforce development programs
                            consistent with paragraph (2);
                                (ii) internships, scholarships, and
                            fellowships for students enrolled in programs
                            related to critical minerals;
                                (iii) equipment necessary for integrated
                            critical mineral innovation, training, and
                            workforce development programs; and
                                (iv) research of critical minerals and
                            their applications, particularly concerning the
                            manufacture of critical components vital to
                            national security.
                        (B) Renewal.--A grant under this paragraph shall be
                    renewable for up to 2 additional 3-year terms based on
                    performance criteria outlined under paragraph
                    (2)(A)(iv).
        (l) National Geological and Geophysical Data Preservation
    Program.--Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C.
    15908(k)) is amended by striking `` $30,000,000 for each of fiscal
    years 2006 through 2010'' and inserting `` $5,000,000 for each of
    fiscal years 2021 through 2029, to remain available until expended''.
        (m) Amendments to the National Materials and Minerals, Policy,
    Research and Development Act of 1980.--
                (1) Program plan.--Section 5 of the National Materials and
            Minerals Policy, Research and Development Act of 1980 (30
            U.S.C. 1604) is amended--
                        (A) by striking ``date of enactment of this Act''
                    each place it appears and inserting ``date of enactment
                    of the Energy Act of 2020'';
                        (B) in subsection (b)(1), by striking ``Federal
                    Coordinating Council for Science, Engineering, and
                    Technology'' and inserting ``National Science and
                    Technology Council'';
                        (C) in subsection (c)--
                                (i) in the matter preceding paragraph (1)--
                                        (I) by striking ``the Federal
                                    Emergency'' and all that follows
                                    through ``Agency, and''; and
                                        (II) by striking ``appropriate
                                    shall'' and inserting ``appropriate,
                                    shall'';
                                (ii) by striking paragraphs (1) and (3);
                                (iii) by redesignating paragraph (2) as
                            paragraph (1);
                                (iv) in paragraph (1) (as so
                            redesignated)--
                                        (I) by striking ``within 1 year
                                    after October 21, 1980'' and inserting
                                    ``not later than 1 year after the date
                                    of the enactment of the Energy Act of
                                    2020'';
                                        (II) by striking ``which assesses''
                                    and inserting ``that assesses''; and
                                        (III) by striking ``in the case''
                                    and all that follows through
                                    ``subsection, and which'' and inserting
                                    ``and that''; and
                                (v) by adding at the end the following:
                ``(2) assess the adequacy and stability of the supply of
            materials necessary to maintain national security, economic
            well-being, public health, and industrial production.''; and
                        (D) in subsection (e), by striking ``Bureau of
                    Mines'' each place it appears and inserting ``United
                    States Geological Survey''.
                (2) Policy.--Section 3 of the National Materials and
            Minerals Policy, Research and Development Act of 1980 (30
            U.S.C. 1602) is amended, in the matter preceding paragraph
            (1)--
                        (A) in the first sentence, by striking ``The
                    Congress declares that it'' and inserting ``It''; and
                        (B) in the second sentence, by striking ``The
                    Congress further declares that implementation'' and
                    inserting ``Implementation''.
                (3) Implementation.--Section 4 of the National Materials
            and Minerals Policy, Research and Development Act of 1980 (30
            U.S.C. 1603) is amended, in the matter preceding paragraph
            (1)--
                        (A) by striking ``For the purpose'' and all that
                    follows through ``declares that the'' and inserting
                    ``The''; and
                        (B) by striking ``departments and agencies,'' and
                    inserting ``departments and agencies to implement the
                    policy described in section 3''.
        (n) Administration.--
                (1) In general.--The National Critical Materials Act of
            1984 (30 U.S.C. 1801 et seq.) is repealed.
                (2) Conforming amendment.--Section 3(d) of the National
            Superconductivity and Competitiveness Act of 1988 (15 U.S.C.
            5202(d)) is amended in the first sentence by striking ``, with
            the assistance of the National Critical Materials Council as
            specified in the National Critical Materials Act of 1984 (30
            U.S.C. 1801 et seq.),''.
                (3) Savings clauses.--
                        (A) In general.--Nothing in this section or an
                    amendment made by this section modifies any requirement
                    or authority provided by--
                                (i) the matter under the heading
                            ``geological survey'' of the first section of
                            the Act of March 3, 1879 (43 U.S.C. 31(a)); or
                                (ii) the first section of Public Law 87-626
                            (43 U.S.C. 31(b)).
                        (B) Effect on department of defense.--Nothing in
                    this section or an amendment made by this section
                    affects the authority of the Secretary of Defense with
                    respect to the work of the Department of Defense on
                    critical material supplies in furtherance of the
                    national defense mission of the Department of Defense.
                        (C) Secretarial order not affected.--This section
                    shall not apply to any mineral described in Secretarial
                    Order No. 3324, issued by the Secretary on December 3,
                    2012, in any area to which the order applies.
        (o) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $50,000,000 for
    each of fiscal years 2021 through 2029.

    SEC. 7003. MONITORING MINERAL INVESTMENTS UNDER BELT AND ROAD
                  INITIATIVE OF PEOPLE'S REPUBLIC OF CHINA.

        (a) Report Required.--Not later than 1 year after the date of the
    enactment of this Act, the Director of National Intelligence (referred
    to in this section as the ``Director''), in consultation with the
    Secretary of the Interior, the Secretary of Energy, the Secretary of
    Commerce, the Secretary of State, the Secretary of Defense, and the
    United States Trade Representative, shall submit to the appropriate
    congressional committees a report on investments in minerals under the
    Belt and Road Initiative of the People's Republic of China that
    includes an assessment of--
                (1) notable past mineral investments;
                (2) whether and how such investments have increased the
            extent of control of minerals by the People's Republic of
            China;
                (3) any efforts by the People's Republic of China to
            counter or interfere with the goals of the Energy Resource
            Governance Initiative of the Department of State; and
                (4) the strategy of the People's Republic of China with
            respect to mineral investments.
        (b) Monitoring Mechanism.--In conjunction with each report required
    by subsection (a), the Director shall submit to the appropriate
    congressional committees a list of any minerals with respect to which--
                (1) the People's Republic of China, directly or through the
            Belt and Road Initiative--
                        (A) is increasing its concentration of extraction
                    and processing;
                        (B) is acquiring significant mining and processing
                    facilities;
                        (C) is maintaining or increasing export
                    restrictions; or
                        (D) has achieved substantial control of the supply
                    of minerals used within an industry or related
                    minerals;
                (2) there is a significant difference between domestic
            prices in the People's Republic of China as compared to prices
            on international markets; or
                (3) there is a significant increase or volatility in price
            as a result of the Belt and Road Initiative of the People's
            Republic of China.
        (c) Critical Mineral Evaluation.--For any mineral included on the
    list required by subsection (b) that is not already designated as
    critical by the Secretary of the Interior pursuant to section 7002(c),
    the Director shall--
                (1) determine, in consultation with the Secretary of the
            Interior, the Secretary of Energy, the Secretary of Commerce,
            the Secretary of State, the Secretary of Defense, and the
            United States Trade Representative, whether the mineral is
            strategic and critical to the defense or national security of
            the United States; and
                (2) make a recommendation to the Secretary of the Interior
            regarding the designation of the mineral under section 7002(c).
        (d) Annual Updates.--The Director shall update the report required
    by subsection (a) and list required by subsection (b) not less
    frequently than annually.
        (e) Form.--Each report or list required by this section 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 Committee on Energy and Natural Resources, the
            Committee on Foreign Relations, the Committee on Armed
            Services, the Committee on Finance, the Committee on Homeland
            Security and Governmental Affairs, the Committee on Commerce,
            Science, and Transportation, and the Committee on
            Appropriations of the Senate; and
                (2) the Committee on Energy and Commerce, the Committee on
            Foreign Affairs, the Committee on Armed Services, the Committee
            on Ways and Means, the Committee on Homeland Security, and the
            Committee on Appropriations of the House of Representatives.

                         TITLE VIII--GRID MODERNIZATION

    SEC. 8001. SMART GRID REGIONAL DEMONSTRATION INITIATIVE.

        Section 1304 of the Energy Independence and Security Act of 2007
    (42 U.S.C. 17384) is amended--
                (1) in subsection (a), by inserting ``research,
            development, and demonstration'' before ``program'';
                (2) in subsection (b)--
                        (A) by amending paragraph (1) to read as follows:
                ``(1) In general.--The Secretary shall establish a smart
            grid regional demonstration initiative (referred to in this
            subsection as the `Initiative') composed of demonstration
            projects focused on cost-effective, advanced technologies for
            use in power grid sensing, communications, analysis, power flow
            control, visualization, distribution automation, industrial
            control systems, dynamic line rating systems, grid redesign,
            and the integration of distributed energy resources.''; and
                        (B) in paragraph (2)--
                                (i) in subparagraph (D), by striking
                            ``and'' at the end;
                                (ii) in subparagraph (E), by striking the
                            period and inserting ``; and''; and
                                (iii) by inserting at the end the
                            following:
                        ``(F) to encourage the commercial application of
                    advanced distribution automation technologies that
                    exert intelligent control over electrical grid
                    functions at the distribution level to improve system
                    resilience.''.

    SEC. 8002. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE, AND
                  CONTROLS.

        Title XIII of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17381 et seq.) is amended by inserting after section 1304 the
    following:

    ``SEC. 1304A. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE, AND
                  CONTROLS.

        ``(a) In General.--Not later than 180 days after the enactment of
    this section, the Secretary shall establish a program of research,
    development, demonstration, and commercial application on electric grid
    modeling, sensing, visualization, architecture development, and
    advanced operation and controls.
        ``(b) Modeling Research and Development.--The Secretary shall
    support development of models of emerging technologies and systems to
    facilitate the secure and reliable design, planning, and operation of
    the electric grid for use by industry stakeholders. In particular, the
    Secretary shall support development of--
                ``(1) models to analyze and predict the effects of adverse
            physical and cyber events on the electric grid;
                ``(2) coupled models of electrical, physical, and cyber
            systems;
                ``(3) models of existing and emerging technologies being
            deployed on the electric grid due to projected changes in the
            electric generation mix and loads, for a variety of regional
            characteristics; and
                ``(4) integrated models of the communications,
            transmission, distribution, and other interdependent systems
            for existing, new, and emerging technologies.
        ``(c) Situational Awareness Research and Development.--
                ``(1) In general.--The Secretary shall support development
            of computational tools and technologies to improve sensing,
            monitoring, and visualization of the electric grid for real-
            time situational awareness and decision support tools that
            enable improved operation of the power system, including
            utility, non-utility, and customer grid-connected assets, for
            use by industry partners.
                ``(2) Data use.--In developing visualization capabilities
            under this section, the Secretary shall develop tools for
            industry stakeholders to use to analyze data collected from
            advanced measurement and monitoring technologies, including
            data from phasor measurement units and advanced metering units.
                ``(3) Severe events.--The Secretary shall prioritize
            enhancing cyber and physical situational awareness of the
            electric grid during adverse manmade and naturally-occurring
            events.
        ``(d) Operation and Controls Research and Development.--The
    Secretary shall conduct research to develop improvements to the
    operation and controls of the electric grid, in coordination with
    industry partners. Such activities shall include--
                ``(1) a training facility or facilities to allow grid
            operators to gain operational experience with advanced grid
            control concepts and technologies;
                ``(2) development of cost-effective advanced operation and
            control concepts and technologies, such as adaptive islanding,
            dynamic line rating systems, power flow controllers, network
            topology optimization, smart circuit breakers, intelligent load
            shedding, and fault-tolerant control system architectures;
                ``(3) development of real-time control concepts using
            artificial intelligence and machine learning for improved
            electric grid resilience; and
                ``(4) utilization of advanced data analytics including load
            forecasting, power flow modeling, equipment failure prediction,
            resource optimization, risk analysis, and decision analysis.
        ``(e) Interoperability Research and Development.--The Secretary
    shall conduct research and development on tools and technologies that
    improve the interoperability and compatibility of new and emerging
    components, technologies, and systems with existing electric grid
    infrastructure.
        ``(f) Underground Transmission and Distribution Lines.--In carrying
    out the program under subsection (a), the Secretary shall support
    research and development on underground transmission and distribution
    lines. This shall include research on--
                ``(1) methods for lowering the costs of underground
            transmission and distribution lines, including through novel
            installation techniques and materials considerations;
                ``(2) techniques to improve the lifespan of underground
            transmission and distribution lines;
                ``(3) wireless sensors to improve safety of underground
            transmission and distribution lines and to predict, identify,
            detect, and transmit information about degradation and faults;
            and
                ``(4) methods for improving the resilience and reliability
            of underground transmission and distribution lines, including
            technologies and techniques that can mitigate the impact of
            flooding, storm surge, and seasonal climate cycles on
            degradation of and damage to underground transmission and
            distribution lines.
        ``(g) Grid Architecture and Scenario Development.--
                ``(1) In general.--Subject to paragraph (3), the Secretary
            shall establish and facilitate a collaborative process to
            develop model grid architecture and a set of future scenarios
            for the electric grid to examine the impacts of different
            combinations of resources (including different quantities of
            distributed energy resources and large-scale, central
            generation) on the electric grid.
                ``(2) Architecture.--In supporting the development of model
            grid architectures, the Secretary shall--
                        ``(A) analyze a variety of grid architecture
                    scenarios that range from minor upgrades to existing
                    transmission grid infrastructure to scenarios that
                    involve the replacement of significant portions of
                    existing transmission grid infrastructure;
                        ``(B) analyze the effects of the increasing
                    proliferation of renewable and other zero emissions
                    energy generation sources, increasing use of
                    distributed resources owned by non-utility entities,
                    and the use of digital and automated controls not
                    managed by grid operators;
                        ``(C) include a variety of new and emerging
                    distribution grid technologies, including distributed
                    energy resources, electric vehicle charging stations,
                    distribution automation technologies, energy storage,
                    and renewable energy sources;
                        ``(D) analyze the effects of local load balancing
                    and other forms of decentralized control;
                        ``(E) analyze the effects of changes to grid
                    architectures resulting from modernizing electric grid
                    systems, including communications, controls, markets,
                    consumer choice, emergency response, electrification,
                    and cybersecurity concerns; and
                        ``(F) develop integrated grid architectures that
                    incorporate system resilience for cyber, physical, and
                    communications systems.
                ``(3) Market structure.--The grid architecture and
            scenarios developed under paragraph (1) shall, to the extent
            practicable, account for differences in market structure,
            including an examination of the potential for stranded costs in
            each type of market structure.
        ``(h) Computing Resources and Data Coordination Research and
    Development.--In carrying out this section, the Secretary shall--
                ``(1) leverage existing computing resources at the National
            Laboratories; and
                ``(2) develop voluntary standards for data taxonomies and
            communication protocols in coordination with public and private
            sector stakeholders.
        ``(i) Information Sharing.--None of the activities authorized in
    this section shall require private entities to share information or
    data with the Secretary.
        ``(j) Resilience.--In this section, the term `resilience' means the
    ability to withstand and reduce the magnitude or duration of disruptive
    events, which includes the capability to anticipate, absorb, adapt to,
    or rapidly recover from such an event, including from deliberate
    attacks, accidents, and naturally occurring threats or incidents.''.

    SEC. 8003. INTEGRATED ENERGY SYSTEMS.

        Title XIII of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17381 et seq.) is amended by adding after section 1309 the
    following:

    ``SEC. 1310. INTEGRATED ENERGY SYSTEMS.

        ``(a) In General.--Not later than 180 days after the enactment of
    this section, the Secretary shall establish a research, development,
    and demonstration program to develop cost-effective integrated energy
    systems, including--
                ``(1) development of computer modeling to design different
            configurations of integrated energy systems and to optimize
            system operation;
                ``(2) research on system integration needed to plan,
            design, build, and operate integrated energy systems, including
            interconnection requirements with the electric grid;
                ``(3) development of integrated energy systems for various
            applications, including--
                        ``(A) thermal energy generation and storage for
                    buildings and manufacturing;
                        ``(B) electricity storage coupled with energy
                    generation;
                        ``(C) desalination;
                        ``(D) production of liquid and gaseous fuels; and
                        ``(E) production of chemicals such as ammonia and
                    ethylene;
                ``(4) development of testing facilities for integrated
            energy systems; and
                ``(5) research on incorporation of various technologies for
            integrated energy systems, including nuclear energy, renewable
            energy, storage, and carbon capture, utilization, and
            sequestration technologies.
        ``(b) Strategic Plan.--
                ``(1) In general.--Not later than 1 year after the date of
            the enactment of this section, the Secretary shall submit to
            the Committee on Science, Space, and Technology of the House of
            Representatives and the Committee on Energy and Natural
            Resources of the Senate a strategic plan that identifies
            opportunities, challenges, and standards needed for the
            development and commercial application of integrated energy
            systems. The strategic plan shall include--
                        ``(A) analysis of the potential benefits of
                    development of integrated electric systems on the
                    electric grid;
                        ``(B) analysis of the potential contributions of
                    integrated energy systems to different grid
                    architecture scenarios;
                        ``(C) research and development goals for various
                    integrated energy systems, including those identified
                    in subsection (a);
                        ``(D) assessment of policy and market barriers to
                    the adoption of integrated energy systems;
                        ``(E) analysis of the technical and economic
                    feasibility of adoption of different integrated energy
                    systems; and
                        ``(F) a 10-year roadmap to guide the program
                    established under subsection (a).
                ``(2) Updates.--Not less than once every 3 years for the
            duration of this research program, the Secretary shall submit
            an updated version of the strategic plan to the Committee on
            Science, Space, and Technology of the House of Representatives
            and the Committee on Energy and Natural Resources of the
            Senate.
        ``(c) Program Implementation.--In carrying out the research,
    development, demonstration, and commercial application aims of
    subsection (a), the Secretary shall--
                ``(1) implement the recommendations set forth in the
            strategic plan in subsection (b);
                ``(2) coordinate across all relevant program offices at the
            Department, including--
                        ``(A) the Office of Energy Efficiency and Renewable
                    Energy;
                        ``(B) the Office of Nuclear Energy; and
                        ``(C) the Office of Fossil Energy;
                ``(3) leverage existing programs and resources of the
            Department; and
                ``(4) prioritize activities that accelerate the development
            of integrated electricity generation, storage, and distribution
            systems with net zero greenhouse gas emissions.
        ``(d) Integrated Energy System Defined.--The term `integrated
    energy system' means a system composed of 2 or more co-located or
    jointly operated sub-systems of energy generation, energy storage, or
    other energy technologies.''.

    SEC. 8004. GRID INTEGRATION RESEARCH AND DEVELOPMENT.

        (a) Integrating Distributed Energy Resources Onto the Electric
    Grid.--Section 925(a) of the Energy Policy Act of 2005 (42 U.S.C.
    16215) is amended--
                (1) by redesignating paragraphs (10) and (11) as paragraphs
            (12) and (13), respectively; and
                (2) by inserting after paragraph (9) the following:
                ``(10) the development of cost-effective technologies that
            enable two-way information and power flow between distributed
            energy resources and the electric grid;
                ``(11) the development of technologies and concepts that
            enable interoperability between distributed energy resources
            and other behind-the-meter devices and the electric grid;''.
        (b) Integrating Renewable Energy Onto the Electric Grid.--Subtitle
    C of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16231 et
    seq.) is amended by adding at the end the following:

    ``SEC. 936. RESEARCH AND DEVELOPMENT INTO INTEGRATING RENEWABLE ENERGY
                  ONTO THE ELECTRIC GRID.

        ``(a) In General.--Not later than 180 days after the enactment of
    this section, the Secretary shall establish a research, development,
    and demonstration program on technologies that enable integration of
    renewable energy generation sources onto the electric grid across
    multiple program offices of the Department. The program shall include--
                ``(1) forecasting for predicting generation from variable
            renewable energy sources;
                ``(2) development of cost-effective low-loss, long-distance
            transmission lines; and
                ``(3) development of cost-effective advanced technologies
            for variable renewable generation sources to provide grid
            services.
        ``(b) Coordination.--In carrying out this program, the Secretary
    shall coordinate across all relevant program offices at the Department
    to achieve the goals established in this section, including the Office
    of Electricity.
        ``(c) Adoption of Technologies.--In carrying out this section, the
    Secretary shall consider barriers to adoption and commercial
    application of technologies that enable integration of renewable energy
    sources onto the electric grid, including cost and other economic
    barriers, and shall coordinate with relevant entities to reduce these
    barriers.''.
        (c) Integrating Electric Vehicles Onto the Electric Grid.--Subtitle
    B of title I of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17011 et seq.) is amended by adding at the end the following:

    ``SEC. 137. RESEARCH AND DEVELOPMENT INTO INTEGRATING ELECTRIC VEHICLES
                  ONTO THE ELECTRIC GRID.

        ``(a) In General.--The Secretary shall establish a research,
    development, and demonstration program to advance the integration of
    electric vehicles, including plug-in hybrid electric vehicles, onto the
    electric grid.
        ``(b) Vehicles-to-grid Integration Assessment Report.--Not later
    than 1 year after the enactment of this section, the Secretary shall
    submit to the Committee on Science, Space, and Technology of the House
    of Representatives and the Committee on Energy and Natural Resources of
    the Senate a report on the results of a study that examines the
    research, development, and demonstration opportunities, challenges, and
    standards needed for integrating electric vehicles onto the electric
    grid.
                ``(1) Report requirements.--The report shall include--
                        ``(A) an evaluation of the use of electric vehicles
                    to maintain the reliability of the electric grid,
                    including--
                                ``(i) the use of electric vehicles for
                            demand response, load shaping, emergency power,
                            and frequency regulation; and
                                ``(ii) the potential for the reuse of spent
                            electric vehicle batteries for stationary grid
                            storage;
                        ``(B) the impact of grid integration on electric
                    vehicles, including--
                                ``(i) the impact of bi-directional
                            electricity flow on battery degradation; and
                                ``(ii) the implications of the use of
                            electric vehicles for grid services on original
                            equipment manufacturer warranties;
                        ``(C) the impacts to the electric grid of increased
                    penetration of electric vehicles, including--
                                ``(i) the distribution grid infrastructure
                            needed to support an increase in charging
                            capacity;
                                ``(ii) strategies for integrating electric
                            vehicles onto the distribution grid while
                            limiting infrastructure upgrades;
                                ``(iii) the changes in electricity demand
                            over a 24-hour cycle due to electric vehicle
                            charging behavior;
                                ``(iv) the load increases expected from
                            electrifying the transportation sector;
                                ``(v) the potential for customer incentives
                            and other managed charging stations strategies
                            to shift charging off-peak;
                                ``(vi) the technology needed to achieve bi-
                            directional power flow on the distribution
                            grid; and
                                ``(vii) the implementation of smart
                            charging techniques;
                        ``(D) research on the standards needed to integrate
                    electric vehicles with the grid, including
                    communications systems, protocols, and charging
                    stations, in collaboration with the National Institute
                    for Standards and Technology;
                        ``(E) the cybersecurity challenges and needs
                    associated with electrifying the transportation sector;
                    and
                        ``(F) an assessment of the feasibility of adopting
                    technologies developed under the program established
                    under subsection (a) at Department facilities.
                ``(2) Recommendations.--As part of the Vehicles-to-Grid
            Integration Assessment Report, the Secretary shall develop a
            10-year roadmap to guide the research, development, and
            demonstration program to integrate electric vehicles onto the
            electric grid.
                ``(3) Consultation.--In developing this report, the
            Secretary shall consult with relevant stakeholders, including--
                        ``(A) electric vehicle manufacturers;
                        ``(B) electric utilities;
                        ``(C) public utility commissions;
                        ``(D) vehicle battery manufacturers;
                        ``(E) electric vehicle supply equipment
                    manufacturers;
                        ``(F) charging infrastructure manufacturers;
                        ``(G) the National Laboratories; and
                        ``(H) other Federal agencies, as the Secretary
                    determines appropriate.
                ``(4) Updates.--The Secretary shall update the report
            required under this section every 3 years for the duration of
            the program under section (a) and shall submit the updated
            report to the Committee on Science, Space, and Technology of
            the House of Representatives and the Committee on Energy and
            Natural Resources of the Senate.
        ``(c) Program Implementation.--In carrying out the research,
    development, demonstration, and commercial application aims of section,
    the Secretary shall--
                ``(1) implement the recommendations set forth in the report
            in subsection (b); and
                ``(2) coordinate across all relevant program offices at the
            Department to achieve the goals established in this section,
            including the Office of Electricity.
        ``(d) Testing Capabilities.--The Secretary shall coordinate with
    the National Laboratories to develop testing capabilities for the
    evaluation, rapid prototyping, and optimization of technologies
    enabling integration of electric vehicles onto the electric grid.''.

    SEC. 8005. ADVISORY COMMITTEE.

        Title XIII of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17381 et seq.) is amended by adding after section 1310 (as added
    by section 8003 of this Act) the following:

    ``SEC. 1311. ADVISORY COMMITTEE.

        ``(a) In General.--Not later than 180 days after the enactment of
    this section, the Secretary shall designate an existing advisory
    committee to advise the Secretary on the authorization of research,
    development, and demonstration projects under sections 1304 and 1304A.
        ``(b) Responsibility.--The Secretary shall annually solicit from
    the advisory committee--
                ``(1) comments to identify grid modernization technology
            needs;
                ``(2) an assessment of the progress of the research
            activities on grid modernization; and
                ``(3) assistance in annually updating grid modernization
            technology roadmaps.''.

    SEC. 8006. COORDINATION OF EFFORTS.

        In carrying out the amendments made by this title, the Secretary
    shall coordinate with relevant entities to the maximum extent
    practicable, including--
                (1) electric utilities;
                (2) private sector entities;
                (3) representatives of all sectors of the electric power
            industry;
                (4) transmission organizations;
                (5) transmission owners and operators;
                (6) distribution organizations;
                (7) distribution asset owners and operators;
                (8) State, Tribal, local, and territorial governments and
            regulatory authorities;
                (9) academic institutions;
                (10) the National Laboratories;
                (11) other Federal agencies;
                (12) nonprofit organizations;
                (13) the Federal Energy Regulatory Commission;
                (14) the North American Reliability Corporation;
                (15) independent system operators; and
                (16) programs and program offices at the Department.

    SEC. 8007. TECHNOLOGY DEMONSTRATION ON THE DISTRIBUTION GRID.

        (a) In General.--The Secretary shall establish a grant program to
    carry out eligible projects related to the modernization of the
    electric grid, including the application of technologies to improve
    observability, advanced controls, and prediction of system performance
    on the distribution system.
        (b) Eligible Projects.--To be eligible for a grant under subsection
    (a), a project shall--
                (1) be designed to improve the performance and efficiency
            of the future electric grid, while ensuring the continued
            provision of safe, secure, reliable, and affordable power; and
                (2) demonstrate--
                        (A) secure integration and management of two or
                    more energy resources, including distributed energy
                    generation, combined heat and power, micro-grids,
                    energy storage, electric vehicles, energy efficiency,
                    demand response, and intelligent loads; and
                        (B) secure integration and interoperability of
                    communications and information technologies.

    SEC. 8008. VOLUNTARY MODEL PATHWAYS.

        (a) Establishment of Voluntary Model Pathways.--
                (1) Establishment.--Not later than 90 days after the date
            of enactment of this Act, the Secretary of Energy (in this
            section referred to as the ``Secretary''), in consultation with
            the steering committee established under paragraph (3), shall
            initiate the development of voluntary model pathways for
            modernizing the electric grid through a collaborative, public-
            private effort that--
                        (A) produces illustrative policy pathways
                    encompassing a diverse range of technologies that can
                    be adapted for State and regional applications by
                    regulators and policymakers;
                        (B) facilitates the modernization of the electric
                    grid and associated communications networks to achieve
                    the objectives described in paragraph (2);
                        (C) ensures a reliable, resilient, affordable,
                    safe, and secure electric grid; and
                        (D) acknowledges and accounts for different
                    priorities, electric systems, and rate structures
                    across States and regions.
                (2) Objectives.--The pathways established under paragraph
            (1) shall facilitate achievement of as many of the following
            objectives as practicable:
                        (A) Near real-time situational awareness of the
                    electric system.
                        (B) Data visualization.
                        (C) Advanced monitoring and control of the advanced
                    electric grid.
                        (D) Enhanced certainty of policies for investment
                    in the electric grid.
                        (E) Increased innovation.
                        (F) Greater consumer empowerment.
                        (G) Enhanced grid resilience, reliability, and
                    robustness.
                        (H) Improved--
                                (i) integration of distributed energy
                            resources;
                                (ii) interoperability of the electric
                            system; and
                                (iii) predictive modeling and capacity
                            forecasting.
                        (I) Reduced cost of service for consumers.
                        (J) Diversification of generation sources.
                (3) Steering committee.--Not later than 90 days after the
            date of enactment of this Act, the Secretary shall establish a
            steering committee to help develop the pathways under paragraph
            (1), to be composed of members appointed by the Secretary,
            consisting of persons with appropriate expertise representing a
            diverse range of interests in the public, private, and academic
            sectors, including representatives of--
                        (A) the Federal Energy Regulatory Commission;
                        (B) the National Laboratories;
                        (C) States;
                        (D) State regulatory authorities;
                        (E) transmission organizations;
                        (F) representatives of all sectors of the electric
                    power industry;
                        (G) institutions of higher education;
                        (H) independent research institutes; and
                        (I) other entities.
        (b) Technical Assistance.--The Secretary may provide technical
    assistance to States, Indian Tribes, or units of local government to
    adopt or implement one or more elements of the pathways developed under
    subsection (a)(1), including on a pilot basis.

    SEC. 8009. PERFORMANCE METRICS FOR ELECTRICITY INFRASTRUCTURE
                  PROVIDERS.

        (a) In General.--Not later than 2 years after the date of enactment
    of this Act, the Secretary of Energy, in consultation with the steering
    committee established under section 8008(a)(3), shall submit to the
    Committee on Energy and Natural Resources of the Senate and the
    Committee on Energy and Commerce of the House of Representatives a
    report that includes--
                (1) an evaluation of the performance of the electric grid
            as of the date of the report; and
                (2) a description of the projected range of measurable
            costs and benefits associated with the changes evaluated under
            the scenarios developed under section 1304A of the Energy
            Independence and Security Act of 2007.
        (b) Considerations for Development of Metrics.--In developing
    metrics for the evaluation and projections under subsection (a), the
    Secretary of Energy shall consider--
                (1) standard methodologies for calculating improvements or
            deteriorations in the performance metrics, such as reliability,
            grid efficiency, power quality, consumer satisfaction,
            sustainability, and financial incentives;
                (2) standard methodologies for calculating potential costs
            and measurable benefits value to ratepayers, applying the
            performance metrics developed under paragraph (1);
                (3) identification of tools, resources, and deployment
            models that may enable improved performance through the
            adoption of emerging, commercially available or advanced grid
            technologies or solutions, including--
                        (A) multicustomer micro-grids;
                        (B) distributed energy resources;
                        (C) energy storage;
                        (D) electric vehicles;
                        (E) electric vehicle charging infrastructure;
                        (F) integrated information and communications
                    systems;
                        (G) transactive energy systems; and
                        (H) advanced demand management systems; and
                (4) the role of States and local regulatory authorities in
            enabling a robust future electric grid to ensure that--
                        (A) electric utilities remain financially viable;
                        (B) electric utilities make the needed investments
                    that ensure a reliable, secure, and resilient grid; and
                        (C) costs incurred to transform to an integrated
                    grid are allocated and recovered responsibly,
                    efficiently, and equitably.

    SEC. 8010. VOLUNTARY STATE, REGIONAL, AND LOCAL ELECTRICITY
                  DISTRIBUTION PLANNING.

        (a) In General.--On the request of a State, regional organization,
    or electric utility, the Secretary of Energy shall provide assistance
    to States, regional organizations, and electric utilities to facilitate
    the development of State, regional, and local electricity distribution
    plans by--
                (1) conducting a resource assessment and analysis of future
            demand and distribution requirements; and
                (2) developing open source tools for State, regional, and
            local planning and operations.
        (b) Risk and Security Analysis.--The assessment under subsection
    (a)(1) shall include--
                (1) the evaluation of the physical security, cybersecurity,
            and associated communications needs of an advanced distribution
            management system and the integration of distributed energy
            resources; and
                (2) advanced use of grid architecture to analyze risks in
            an all-hazards approach that includes communications
            infrastructure, control systems architecture, and power systems
            architecture.
        (c) Designation.--The information collected for the assessment and
    analysis under subsection (a)(1)--
                (1) shall be considered to be critical electric
            infrastructure information under section 215A of the Federal
            Power Act (16 U.S.C. 824o-1); and
                (2) shall only be released in compliance with regulations
            implementing that section.
        (d) Technical Assistance.--For the purpose of assisting in the
    development of State and regional electricity distribution plans, the
    Secretary shall provide technical assistance to--
                (1) States;
                (2) regional reliability entities; and
                (3) other distribution asset owners and operators.
        (e) Withdrawal.--A State or any entity that has requested technical
    assistance under this section may withdraw the request for technical
    assistance at any time, and on such withdrawal, the Secretary shall
    terminate all assistance efforts.
        (f) Effect.--Nothing in this section authorizes the Secretary to
    require any State, regional organization, regional reliability entity,
    asset owner, or asset operator to adopt any model, tool, plan,
    analysis, or assessment.

    SEC. 8011. MICRO-GRID AND INTEGRATED MICRO-GRID SYSTEMS PROGRAM.

        (a) Definitions.--In this section:
                (1) Integrated micro-grid system.--The term ``integrated
            micro-grid system'' means a micro-grid system that--
                        (A) comprises generation from both conventional and
                    renewable energy resources; and
                        (B) may use grid-scale energy storage.
                (2) Isolated community.--The term ``isolated community''
            means a community that is powered by a stand-alone electric
            generation and distribution system without the economic and
            reliability benefits of connection to a regional electric grid.
                (3) Micro-grid system.--The term ``micro-grid system''
            means a localized grid that operates autonomously, regardless
            of whether the grid can operate in connection with another
            grid.
                (4) Rural electric cooperative.--The term ``rural electric
            cooperative'' means an electric cooperative (as defined in
            section 3 of the Federal Power Act (16 U.S.C. 796)) that sells
            electric energy to persons in rural areas.
                (5) Strategy.--The term ``strategy'' means the strategy
            developed pursuant to subsection (b)(2)(B).
        (b) Program.--
                (1) Establishment.--The Secretary of Energy (in this
            section referred to as the ``Secretary'') shall establish a
            program to promote the development of--
                        (A) integrated micro-grid systems for isolated
                    communities; and
                        (B) micro-grid systems to increase the resilience
                    of critical infrastructure.
                (2) Requirements.--The program established under paragraph
            (1) shall--
                        (A) develop a feasibility assessment for--
                                (i) integrated micro-grid systems in
                            isolated communities; and
                                (ii) micro-grid systems to enhance the
                            resilience of critical infrastructure;
                        (B) develop an implementation strategy, in
                    accordance with paragraph (3), to promote the
                    development of integrated micro-grid systems for
                    isolated communities, particularly for those
                    communities exposed to extreme weather conditions and
                    high energy costs, including electricity, space heating
                    and cooling, and transportation;
                        (C) develop an implementation strategy to promote
                    the development of micro-grid systems that increase the
                    resilience of critical infrastructure; and
                        (D) carry out cost-shared demonstration projects,
                    based upon the strategies developed under subparagraph
                    (B) that include the development of physical and
                    cybersecurity plans to take appropriate measures to
                    protect and secure the electric grid.
                (3) Requirements for strategy.--In developing the strategy
            under paragraph (2)(B), the Secretary shall consider--
                        (A) opportunities for improving the efficiency of
                    existing integrated micro-grid systems;
                        (B) the capacity of the local workforce to operate,
                    maintain, and repair a integrated micro-grid system as
                    well as opportunities to improve that capacity;
                        (C) leveraging existing capacity within local or
                    regional research organizations, such as organizations
                    based at institutions of higher education, to support
                    development of integrated micro-grid systems, including
                    by testing novel components and systems prior to field
                    deployment;
                        (D) the need for basic infrastructure to develop,
                    deploy, and sustain a integrated micro-grid system;
                        (E) input of traditional knowledge from local
                    leaders of isolated communities in the development of a
                    integrated micro-grid system;
                        (F) the impact of integrated micro-grid systems on
                    defense, homeland security, economic development, and
                    environmental interests;
                        (G) opportunities to leverage existing interagency
                    coordination efforts and recommendations for new
                    interagency coordination efforts to minimize
                    unnecessary overhead, mobilization, and other project
                    costs; and
                        (H) any other criteria the Secretary determines
                    appropriate.
        (c) Collaboration.--The program established under subsection (b)(1)
    shall be carried out in collaboration with relevant stakeholders,
    including, as appropriate--
                (1) States;
                (2) Indian Tribes;
                (3) regional entities and regulators;
                (4) units of local government;
                (5) institutions of higher education; and
                (6) private sector entities.
        (d) Report.--Not later than 180 days after the date of enactment of
    this Act, and annually thereafter until calendar year 2029, the
    Secretary shall submit to the Committee on Energy and Natural Resources
    of the Senate and the Committee on Energy and Commerce of the House of
    Representatives a report on the efforts to implement the program
    established under subsection (b)(1) and the status of the strategy
    developed under subsection (b)(2)(B).
        (e) Barriers and Benefits to Micro-grid Systems.--
                (1) Report.--Not later than 270 days after the date of
            enactment of this Act, the Secretary shall submit to the
            Committee on Energy and Natural Resources of the Senate and the
            Committee on Energy and Commerce of the House of
            Representatives a report on the benefits of, and barriers to,
            implementing resilient micro-grid systems that are--
                        (A)(i) owned or operated by an isolated community,
                    rural electric cooperative, or municipal government; or
                        (ii) operated on behalf of a municipal government
                    or rural electric cooperative; and
                        (B) designed to maximize the use of--
                                (i) energy-generation facilities owned or
                            operated by isolated communities; or
                                (ii) a municipal or rural electric
                            cooperative energy-generation facility.
                (2) Grants to overcome barriers.--The Secretary shall award
            grants of not more than $500,000 to not fewer than 20 municipal
            governments, rural electric cooperatives, or isolated
            communities, up to a total of $15,000,000, each year to assist
            those municipal governments, rural electric cooperatives, and
            isolated communities in overcoming the barriers identified in
            the report under paragraph (1).

    SEC. 8012. TECHNICAL AMENDMENTS; AUTHORIZATION OF APPROPRIATIONS.

        (a) Technical Amendments.--
                (1) Energy independence and security act of 2007.--Section
            1(b) of the Energy Independence and Security Act of 2007 is
            amended in the table of contents--
                        (A) by inserting the following after the item
                    related to section 136:

    ``Sec. 137. Research and development into integrating electric vehicles
                                onto the electric grid.'';
                        (B) by inserting the following after the item
                    related to section 1304:

    ``Sec. 1304A. Smart grid modeling, visualization, architecture, and
                                controls.''; and
                        (C) by inserting the following after the item
                    related to section 1309:

    ``Sec. 1310. Integrated energy systems.
    ``Sec. 1311. Advisory committee.''.
                (2) Energy policy act of 2005.--Section 1(b) of the Energy
            Policy Act of 2005 is amended in the table of contents by
            inserting the following after the item related to section 935:

    ``Sec. 936. Research and development into integrating renewable energy
                                onto the electric grid.''.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated--
                (1) to carry out section 8006 and the amendments made by
            sections 8001, 8002, and 8005 of this title--
                        (A) $175,000,000 for fiscal year 2021;
                        (B) $180,000,000 for fiscal year 2022;
                        (C) $185,000,000 for fiscal year 2023;
                        (D) $190,000,000 for fiscal year 2024; and
                        (E) $199,500,000 for fiscal year 2025;
                (2) to carry out sections 8007, 8008, 8009, 8010, and 8011
            of this title $175,000,000 for each of fiscal years 2021
            through 2025;
                (3) to carry out section 8003 of this title--
                        (A) $21,000,000 for fiscal year 2021;
                        (B) $22,050,000 for fiscal year 2022;
                        (C) $23,153,000 for fiscal year 2023;
                        (D) $24,310,000 for fiscal year 2024; and
                        (E) $25,525,000 for fiscal year 2025; and
                (4) to carry out section 8004 of this title--
                        (A) $52,500,000 for fiscal year 2021;
                        (B) $55,152,000 for fiscal year 2022;
                        (C) $57,882,000 for fiscal year 2023;
                        (D) $60,775,000 for fiscal year 2024; and
                        (E) $63,814,000 for fiscal year 2025.

    SEC. 8013. INDIAN ENERGY.

        (a) Definition of Indian Land.--Section 2601(2) of the Energy
    Policy Act of 1992 (25 U.S.C. 3501(2)) is amended--
                (1) in subparagraph (B)(iii), by striking ``and'';
                (2) in subparagraph (C), by striking ``land.'' and
            inserting ``land;''; and
                (3) by adding at the end the following subparagraphs:
                        ``(D) any land located in a census tract in which
                    the majority of residents are Natives (as defined in
                    section 3(b) of the Alaska Native Claims Settlement Act
                    (43 U.S.C. 1602(b))); and
                        ``(E) any land located in a census tract in which
                    the majority of residents are persons who are enrolled
                    members of a federally recognized Tribe or village.''.
        (b) Reduction of Cost Share.--Section 2602(b)(5) of the Energy
    Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended by adding at the
    end the following subparagraphs:
                ``(D) The Secretary of Energy may reduce any applicable
            cost share required of an Indian tribe, intertribal
            organization, or tribal energy development organization in
            order to receive a grant under this subsection to not less than
            10 percent if the Indian tribe, intertribal organization, or
            tribal energy development organization meets criteria developed
            by the Secretary of Energy, including financial need.
                ``(E) Section 988 of the Energy Policy Act of 2005 (42
            U.S.C. 16352) shall not apply to assistance provided under this
            subsection.''.
        (c) Authorization of Appropriations.--Section 2602(b)(7) of the
    Energy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is amended by striking
    `` $20,000,000 for each of fiscal years 2006 through 2016'' and
    inserting `` $30,000,000 for each of fiscal years 2021 through 2025''.

    SEC. 8014. REPORT ON ELECTRICITY ACCESS AND RELIABILITY.

        (a) Assessment.--The Secretary of Energy shall conduct an
    assessment of the status of access to electricity by households
    residing in Tribal communities or on Indian land, and the reliability
    of electric service available to households residing in Tribal
    communities or on Indian land, as compared to the status of access to
    and reliability of electricity within neighboring States or within the
    State in which Indian land is located.
        (b) Consultation.--The Secretary of Energy shall consult with
    Indian Tribes, Tribal organizations, the North American Electricity
    Reliability Corporation, and the Federal Energy Regulatory Commission
    in the development and conduct of the assessment under subsection (a).
    Indian Tribes and Tribal organizations shall have the opportunity to
    review and make recommendations regarding the development of the
    assessment and the findings of the assessment, prior to the submission
    of the report under subsection (c).
        (c) Report.--Not later than 18 months after the date of enactment
    of this Act, the Secretary of Energy shall submit to the Committee on
    Energy and Commerce of the House of Representatives and the Committee
    on Energy and Natural Resources of the Senate a report on the results
    of the assessment conducted under subsection (a), which shall include--
                (1) a description of generation, transmission, and
            distribution assets available to provide electricity to
            households residing in Tribal communities or on Indian land;
                (2) a survey of the retail and wholesale prices of
            electricity available to households residing in Tribal
            communities or on Indian land;
                (3) a description of participation of Tribal members in the
            electric utility workforce, including the workforce for
            construction and maintenance of renewable energy resources and
            distributed energy resources;
                (4) the percentage of households residing in Tribal
            communities or on Indian land that do not have access to
            electricity;
                (5) the potential of distributed energy resources to
            provide electricity to households residing in Tribal
            communities or on Indian land;
                (6) the potential for tribally-owned electric utilities or
            electric utility assets to participate in or benefit from
            regional electricity markets;
                (7) a description of the barriers to providing access to
            electric service to households residing in Tribal communities
            or on Indian land; and
                (8) recommendations to improve access to and reliability of
            electric service for households residing in Tribal communities
            or on Indian land.
        (d) Definitions.--In this section:
                (1) Tribal member.--The term ``Tribal member'' means a
            person who is an enrolled member of a federally recognized
            Tribe or village.
                (2) Tribal community.--The term ``Tribal community'' means
            a community in a United States census tract in which the
            majority of residents are persons who are enrolled members of a
            federally recognized Tribe or village.

    SEC. 8015. NET METERING STUDY AND EVALUATION.

        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Energy shall seek to enter into
    an agreement with the National Academies of Sciences, Engineering, and
    Medicine (referred to in this section as the ``National Academies'')
    under which the National Academies shall--
                (1) study the opportunities and challenges associated with
            net metering; and
                (2) evaluate the expected medium- and long-term impacts of
            net metering.
        (b) Elements.--The study and evaluation conducted pursuant to the
    agreement entered into under subsection (a) shall address--
                (1) developments in net metering, including the emergence
            of new technologies;
                (2) alternatives to existing metering systems that--
                        (A) provide for transactions that--
                                (i) measure electric energy consumption by
                            an electric consumer at the home or facility of
                            that electric consumer; and
                                (ii) are capable of sending electric energy
                            usage information through a communications
                            network to an electric utility;
                        (B) promote equitable distribution of resources and
                    costs; and
                        (C) provide incentives for the use of distributed
                    renewable generation;
                (3) net metering planning and operating techniques;
                (4) effective architecture for net metering;
                (5) successful net metering business models;
                (6) consumer and industry incentives for net metering;
                (7) the role of renewable resources in the electric grid;
                (8) the role of net metering in developing future models
            for renewable infrastructure; and
                (9) the use of battery storage with net metering.
        (c) Report.--
                (1) In general.--The agreement entered into under
            subsection (a) shall require the National Academies to submit
            to the Secretary of Energy, not later than 2 years after
            entering into the agreement, a report that describes the
            results of the study and evaluation conducted pursuant to the
            agreement.
                (2) Public availability.--The report submitted under
            paragraph (1) shall be made available to the public through
            electronic means, including the internet.

                   TITLE IX--DEPARTMENT OF ENERGY INNOVATION

    SEC. 9001. OFFICE OF TECHNOLOGY TRANSITIONS.

        Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
    amended--
                (1) by striking subsection (a) and all that follows through
            ``The Coordinator'' in subsection (b) and inserting the
            following:
        ``(a) Office of Technology Transitions.--
                ``(1) Establishment.--There is established within the
            Department an Office of Technology Transitions (referred to in
            this section as the `Office').
                ``(2) Mission.--The mission of the Office shall be--
                        ``(A) to expand the commercial impact of the
                    research investments of the Department; and
                        ``(B) to focus on commercializing technologies that
                    support the missions of the Department, including
                    reducing greenhouse gas emissions and other pollutants.
                ``(3) Goals.--
                        ``(A) In general.--In carrying out the mission and
                    activities of the Office, the Chief Commercialization
                    Officer appointed under paragraph (4) shall, with
                    respect to commercialization activities, meet all of
                    the goals described in subparagraph (B).
                        ``(B) Goals described.--The goals referred to in
                    subparagraph (A) are the following:
                                ``(i) Reduction of greenhouse gas emissions
                            and other pollutants.
                                ``(ii) Ensuring economic competitiveness.
                                ``(iii) Enhancement of domestic energy
                            security and national security.
                                ``(iv) Enhancement of domestic jobs.
                                ``(v) Improvement of energy efficiency.
                                ``(vi) Any other goals to support the
                            transfer of technology developed by Department-
                            funded programs to the private sector, as
                            consistent with missions of the Department.
                ``(4) Chief commercialization officer.--
                        ``(A) In general.--The Office shall be headed by an
                    officer, who shall be known as the `Chief
                    Commercialization Officer', and who shall report
                    directly to, and be appointed by, the Secretary.
                        ``(B) Principal advisor.--The Chief
                    Commercialization Officer shall be the principal
                    advisor to the Secretary on all matters relating to
                    technology transfer and commercialization.
                        ``(C) Qualifications.--The Chief Commercialization
                    Officer'';
                (2) in subsection (c)--
                        (A) in paragraph (1), by striking ``subsection
                    (d)'' and inserting ``subsection (b)'';
                        (B) by redesignating paragraphs (1) through (4) as
                    clauses (i) through (iv), respectively, and indenting
                    appropriately; and
                        (C) by striking the subsection designation and
                    heading and all that follows through ``The
                    Coordinator'' in the matter preceding clause (i) (as so
                    redesignated) and inserting the following:
                        ``(D) Duties.--The Chief Commercialization
                    Officer'';
                (3) by adding at the end of subsection (a) (as amended by
            paragraph (2)(C)) the following:
                ``(5) Coordination.--In carrying out the mission and
            activities of the Office, the Chief Commercialization Officer
            shall coordinate with the senior leadership of the Department,
            other relevant program offices of the Department, National
            Laboratories, the Technology Transfer Working Group established
            under subsection (b), the Technology Transfer Policy Board, and
            other stakeholders (including private industry).'';
                (4) by redesignating subsections (d) through (h) as
            subsections (b) through (f), respectively;
                (5) in subsection (f) (as so redesignated), by striking
            ``subsection (e)'' and inserting ``subsection (c)''; and
                (6) by adding at the end the following:
        ``(g) Additional Technology Transfer Programs.--The Secretary may
    develop additional programs to--
                ``(1) support regional energy innovation systems;
                ``(2) support clean energy incubators;
                ``(3) provide small business vouchers;
                ``(4) provide financial and technical assistance for
            entrepreneurial fellowships at national laboratories;
                ``(5) encourage students, energy researchers, and national
            laboratory employees to develop entrepreneurial skillsets and
            engage in entrepreneurial opportunities;
                ``(6) support private companies and individuals in
            partnering with National Laboratories; and
                ``(7) further support the mission and goals of the
            Office.''.

    SEC. 9002. LAB PARTNERING SERVICE PILOT PROGRAM.

        (a) Pilot Program.--
                (1) In general.--The Secretary of Energy (in this section
            referred to as the ``Secretary''), acting through the Chief
            Commercialization Officer established in section 1001(a) of the
            Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish
            a Lab Partnering Service Pilot Program (hereinafter in this
            section referred to as the ``pilot program'').
                (2) Purposes.--The purposes of the pilot program are to
            provide services that encourage and support partnerships
            between the National Laboratories and public and private sector
            entities, and to improve communication of research,
            development, demonstration, and commercial application projects
            and opportunities at the National Laboratories to potential
            partners through the development of a website and the provision
            of services, in collaboration with relevant external entities,
            and to identify and develop metrics regarding the effectiveness
            of such partnerships.
                (3) Activities.--In carrying out this pilot program, the
            Secretary shall--
                        (A) conduct outreach to and engage with relevant
                    public and private entities;
                        (B) identify and disseminate best practices for
                    strengthening connections between the National
                    Laboratories and public and private sector entities;
                    and
                        (C) develop a website to disseminate information
                    on--
                                (i) different partnering mechanisms for
                            working with the National Laboratories;
                                (ii) National Laboratory experts and
                            research areas; and
                                (iii) National Laboratory facilities and
                            user facilities.
        (b) Metrics.--The Secretary shall support the development of
    metrics, including conversion metrics, to determine the effectiveness
    of the pilot program in achieving the purposes in subsection (a) and
    the number and types of partnerships established between public and
    private sector entities and the National Laboratories compared to
    baseline data.
        (c) Coordination.--In carrying out the activities authorized in
    this section, the Secretary shall coordinate with the Directors of (and
    dedicated technology transfer staff at) the National Laboratories, in
    particular for matchmaking services for individual projects, which
    should be led by the National Laboratories.
        (d) Funding Employee Partnering Activities.--The Secretary shall
    delegate to the Directors of each National Laboratory and single-
    purpose research facility of the Department the authority to compensate
    National Laboratory employees providing services under this section.
        (e) Duration.--Subject to the availability of appropriations, the
    pilot program established in this section shall operate for not less
    than 3 years and may be built off an existing program.
        (f) Evaluation.--Not later than 6 months after the completion of
    this pilot program, the Secretary shall support the evaluation of the
    success of the pilot program in achieving the purposes in subsection
    (a) and shall submit the evaluation to the Committee on Science, Space,
    and Technology of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate. The assessment shall
    include analyses of the performance of the pilot program based on the
    metrics developed under subsection (b).
        (g) Definition.--In this section, the term ``National Laboratory''
    has the meaning given such term in section 2(3) of the Energy Policy
    Act of 2005 (42 U.S.C. 15801(3)).

    SEC. 9003. TECHNOLOGY COMMERCIALIZATION FUND.

        Section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C.
    16391(e)) is amended to read as follows:
        ``(e) Technology Commercialization Fund.--
                ``(1) Establishment.--The Secretary, acting through the
            Chief Commercialization Officer established in section 1001(a)
            of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall
            establish a Technology Commercialization Fund (hereafter
            referred to as the `Fund'), using nine-tenths of one percent of
            the amount of appropriations made available to the Department
            for applied energy research, development, demonstration, and
            commercial application for each fiscal year, to be used to
            provide, in accordance with the cost-sharing requirements under
            section 988, funds to private partners, including national
            laboratories, to promote promising energy technologies for
            commercial purposes.
                ``(2) Applications.--
                        ``(A) Considerations.--The Secretary shall develop
                    criteria for evaluating applications for funding under
                    this section, which may include--
                                ``(i) the potential that a proposed
                            technology will result in a commercially
                            successful product within a reasonable
                            timeframe; and
                                ``(ii) the relative maturity of a proposed
                            technology for commercial application.
                        ``(B) Selections.--In awarding funds under this
                    section, the Secretary may give special consideration
                    to applications that involve at least one applicant
                    that has participated in an entrepreneurial or
                    commercialization training program, such as Energy
                    Innovation Corps.
        ``(f) Annual Report.--The Secretary shall include in the annual
    report required under section 9007(a) of the Energy Act of 2020--
                ``(1) description of the projects carried out with awards
            from the Fund for that fiscal year;
                ``(2) each project's cost-share for that fiscal year; and
                ``(3) each project's partners for that fiscal year.
        ``(g) Technology Commercialization Fund Report.--
                ``(1) In general.--Not later than 1 year after the date of
            enactment of the Energy Act of 2020, the Secretary shall submit
            to the Committee on Science, Space, and Technology and
            Committee on Appropriations of the House of Representatives and
            the Committee on Energy and Natural Resources and Committee on
            Appropriations of the Senate a report on the current and
            recommended implementation of the Fund.
                ``(2) Contents.--The report under subparagraph (A) shall
            include--
                        ``(A) a summary, with supporting data, of how much
                    Department program offices contribute to and use the
                    Fund each year, including a list of current funding
                    restrictions;
                        ``(B) recommendations on how to improve
                    implementation and administration of the Fund; and
                        ``(C) an analysis on how to spend funds optimally
                    on technology areas that have the greatest need and
                    opportunity for commercial application, rather than
                    spending funds at the programmatic level or under
                    current funding restrictions.''.

    SEC. 9004. STREAMLINING PRIZE COMPETITIONS.

        Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is
    amended by inserting after subsection (d) the following (and
    redesignating subsections (f) and (g) as subsections (g) and (h),
    respectively):
        ``(e) Coordination.--In carrying out subsection (a), and for any
    prize competitions under section 105 of the America Creating
    Opportunities to Meaningfully Promote Excellence in Technology,
    Education, and Science Reauthorization Act of 2010, the Secretary
    shall--
                ``(1) issue Department-wide guidance on the design,
            development, and implementation of prize competitions;
                ``(2) collect and disseminate best practices on the design
            and administration of prize competitions;
                ``(3) streamline contracting mechanisms for the
            implementation of prize competitions; and
                ``(4) provide training and prize competition design
            support, as necessary, to Department staff to develop prize
            competitions and challenges.''.

    SEC. 9005. MILESTONE-BASED DEMONSTRATION PROJECTS.

        (a) In General.--Acting under section 646(g) of the Department of
    Energy Organization Act (42 U.S.C. 7256(g)), notwithstanding paragraph
    (10) of such section, the Secretary of Energy (in this section referred
    to as the ``Secretary'') may carry out demonstration projects as a
    milestone-based demonstration project that requires particular
    technical and financial milestones to be met before a participant is
    awarded grants by the Department through a competitive award process.
        (b) Requirements.--In carrying out milestone-based demonstration
    projects under the authority in paragraph (1), the Secretary shall, for
    each relevant project--
                (1) request proposals from eligible entities, as determined
            by the Secretary, including--
                        (A) a business plan, that may include a plan for
                    scalable manufacturing and a plan for addressing supply
                    chain gaps;
                        (B) a plan for raising private sector investment;
                    and
                        (C) proposed technical and financial milestones,
                    including estimated project timelines and total costs;
                    and
                (2) award funding of a predetermined amount to projects
            that successfully meet proposed milestones under paragraph
            (1)(C) or for expenses deemed reimbursable by the Secretary, in
            accordance with terms negotiated for an individual award;
                (3) require cost sharing in accordance with section 988 of
            the Energy Policy Act of 2005; and
                (4) communicate regularly with selected eligible entities
            and, if the Secretary deems appropriate, exercise small amounts
            of flexibility for technical and financial milestones as
            projects mature.
        (c) Awards.--For the program established under subsection (a)--
                (1) an award recipient shall be responsible for all costs
            until milestones are achieved, or reimbursable expenses are
            reviewed and verified by the Department; and
                (2) should an awardee not meet the milestones described in
            subsection (a), the Secretary or their designee may end the
            partnership with an award recipient and use the remaining funds
            in the ended agreement for new or existing projects carried out
            under this section.
        (d) Project Management.--In carrying out projects under this
    program and assessing the completion of their milestones in accordance
    with subsection (b), the Secretary shall consult with experts that
    represent diverse perspectives and professional experiences, including
    those from the private sector, to ensure a complete and thorough
    review.
        (e) Report.--In accordance with section 9007(a), the Secretary
    shall report annually on any demonstration projects carried out using
    the authorities under this section.

    SEC. 9006. OTHER TRANSACTION AUTHORITY EXTENSION.

        (a) Subsection 646(g)(10) of the Department of Energy Organization
    Act (42 U.S.C. 7256(g)(10)) is amended by striking ``September 30,
    2020'' and inserting ``September 30, 2030''.
        (b) The provisions of section 602 of the Public Works and Economic
    Development Act of 1965 (42 U.S.C. 3212) shall apply with respect to
    construction, alteration, or repair work of demonstration projects
    funded by grants or contracts authorized under sections 3001, 3003,
    3004, 5001, and 8007 and the amendments made by such sections.

    SEC. 9007. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.

        (a) Annual Report.--As part of the updated technology transfer
    execution plan required each year under section 1001(h)(2) of the
    Energy Policy Act of 2005 (42 U.S.C. 16391(g)(2)), the Secretary of
    Energy (in this section referred to as the ``Secretary'') shall submit
    to the Committee on Science, Space, and Technology of the House of
    Representatives and the Committee on Energy and Natural Resources of
    the Senate a report on the progress and implementation of programs
    established under sections 9001, 9002, 9003, 9004, and 9005 of this
    Act.
        (b) Evaluation.--Not later than 3 years after the enactment of this
    Act and every 3 years thereafter the Secretary shall submit to the
    Committee on Science, Space, and Technology of the House of
    Representatives and the Committee on Energy and Natural Resources of
    the Senate an evaluation on the extent to which programs established
    under sections 9001, 9002, 9003, 9004, and 9005 of this Act are
    achieving success based on relevant short-term and long-term metrics.
        (c) Report on Technology Transfer Gaps.--Not later than 3 years
    after the enactment of this Act, the Secretary shall enter into an
    agreement with the National Academies of Science, Engineering, and
    Medicine to submit to the Committee on Science, Space, and Technology
    of the House of Representatives and the Committee on Energy and Natural
    Resources of the Senate a report on programmatic gaps that exist to
    advance the commercial application of technologies developed at the
    National Laboratories (as defined in section 2(3) of the Energy Policy
    Act of 2005 (42 U.S.C. 15801(3))).

    SEC. 9008. VETERANS' HEALTH INITIATIVE.

        (a) Purposes.--The purposes of this section are to advance
    Department of Energy expertise in artificial intelligence and high-
    performance computing in order to improve health outcomes for veteran
    populations by--
                (1) supporting basic research through the application of
            artificial intelligence, high-performance computing, modeling
            and simulation, machine learning, and large-scale data
            analytics to identify and solve outcome-defined challenges in
            the health sciences;
                (2) maximizing the impact of the Department of Veterans
            Affairs' health and genomics data housed at the National
            Laboratories, as well as data from other sources, on science,
            innovation, and health care outcomes through the use and
            advancement of artificial intelligence and high-performance
            computing capabilities of the Department;
                (3) promoting collaborative research through the
            establishment of partnerships to improve data sharing between
            Federal agencies, National Laboratories, institutions of higher
            education, and nonprofit institutions;
                (4) establishing multiple scientific computing user
            facilities to house and provision available data to foster
            transformational outcomes; and
                (5) driving the development of technology to improve
            artificial intelligence, high-performance computing, and
            networking relevant to mission applications of the Department,
            including modeling, simulation, machine learning, and advanced
            data analytics.
        (b) Veterans Health Research and Development.--
                (1) In general.--The Secretary of Energy (in this section
            referred to as the ``Secretary'') shall establish and carry out
            a research program in artificial intelligence and high-
            performance computing, focused on the development of tools to
            solve large-scale data analytics and management challenges
            associated with veteran's healthcare, and to support the
            efforts of the Department of Veterans Affairs to identify
            potential health risks and challenges utilizing data on long-
            term healthcare, health risks, and genomic data collected from
            veteran populations. The Secretary shall carry out this program
            through a competitive, merit-reviewed process, and consider
            applications from National Laboratories, institutions of higher
            education, multi-institutional collaborations, and other
            appropriate entities.
                (2) Program components.--In carrying out the program
            established under paragraph (1), the Secretary may--
                        (A) conduct basic research in modeling and
                    simulation, machine learning, large-scale data
                    analytics, and predictive analysis in order to develop
                    novel or optimized algorithms for prediction of disease
                    treatment and recovery;
                        (B) develop methods to accommodate large data sets
                    with variable quality and scale, and to provide insight
                    and models for complex systems;
                        (C) develop new approaches and maximize the use of
                    algorithms developed through artificial intelligence,
                    machine learning, data analytics, natural language
                    processing, modeling and simulation, and develop new
                    algorithms suitable for high-performance computing
                    systems and large biomedical data sets;
                        (D) advance existing and construct new data
                    enclaves capable of securely storing data sets provided
                    by the Department of Veterans Affairs, Department of
                    Defense, and other sources; and
                        (E) promote collaboration and data sharing between
                    National Laboratories, research entities, and user
                    facilities of the Department by providing the necessary
                    access and secure data transfer capabilities.
                (3) Coordination.--In carrying out the program established
            under paragraph (1), the Secretary is authorized--
                        (A) to enter into memoranda of understanding in
                    order to carry out reimbursable agreements with the
                    Department of Veterans Affairs and other entities in
                    order to maximize the effectiveness of Department
                    research and development to improve veterans'
                    healthcare;
                        (B) to consult with the Department of Veterans
                    Affairs and other Federal agencies as appropriate; and
                        (C) to ensure that data storage meets all privacy
                    and security requirements established by the Department
                    of Veterans Affairs, and that access to data is
                    provided in accordance with relevant Department of
                    Veterans Affairs data access policies, including
                    informed consent.
                (4) Report.--Not later than 2 years after the date of
            enactment of this Act, the Secretary shall submit to the
            Committee on Energy and Natural Resources and the Committee on
            Veterans' Affairs of the Senate, and the Committee on Science,
            Space, and Technology and the Committee on Veterans' Affairs of
            the House of Representatives, a report detailing the
            effectiveness of--
                        (A) the interagency coordination between each
                    Federal agency involved in the research program carried
                    out under this subsection;
                        (B) collaborative research achievements of the
                    program; and
                        (C) potential opportunities to expand the technical
                    capabilities of the Department.
                (5) Funding.--There is authorized to be appropriated to the
            Secretary of Veterans Affairs to carry out this subsection
            $27,000,000 for fiscal year 2021.
        (c) Interagency Collaboration.--
                (1) In general.--The Secretary is authorized to carry out
            research, development, and demonstration activities to develop
            tools to apply to big data that enable Federal agencies,
            institutions of higher education, nonprofit research
            organizations, and industry to better leverage the capabilities
            of the Department to solve complex, big data challenges. The
            Secretary shall carry out these activities through a
            competitive, merit-reviewed process, and consider applications
            from National Laboratories, institutions of higher education,
            multi-institutional collaborations, and other appropriate
            entities.
                (2) Activities.--In carrying out the research, development,
            and demonstration activities authorized under paragraph (1),
            the Secretary may--
                        (A) utilize all available mechanisms to prevent
                    duplication and coordinate research efforts across the
                    Department;
                        (B) establish multiple user facilities to serve as
                    data enclaves capable of securely storing data sets
                    created by Federal agencies, institutions of higher
                    education, nonprofit organizations, or industry at
                    National Laboratories; and
                        (C) promote collaboration and data sharing between
                    National Laboratories, research entities, and user
                    facilities of the Department by providing the necessary
                    access and secure data transfer capabilities.
                (3) Report.--Not later than 2 years after the date of
            enactment of this Act, the Secretary shall submit to the
            Committee on Energy and Natural Resources of the Senate and the
            Committee on Science, Space, and Technology of the House of
            Representatives a report evaluating the effectiveness of the
            activities authorized under paragraph (1).
                (4) Funding.--There are authorized to be appropriated to
            the Secretary to carry out this subsection $15,000,000 for each
            of fiscal years 2021 through 2025.
        (d) Definition.--In this section, the term ``National Laboratory''
    has the meaning given such term in section 2(3) of the Energy Policy
    Act of 2005 (42 U.S.C. 15801(3)).

    SEC. 9009. SUSTAINABLE TRANSPORTATION RESEARCH AND DEVELOPMENT.

        There are authorized to be appropriated to carry out research,
    development, demonstration, and commercial application activities
    within the Department of Energy's Offices of Hydrogen and Fuel Cell
    Technologies, Vehicle Technologies, and Bioenergy Technologies--
                (1) $830,000,000 for fiscal year 2021;
                (2) $855,000,000 for fiscal year 2022; and
                (3) $880,000,000 for fiscal year 2023.

    SEC. 9010. LOAN PROGRAM OFFICE TITLE XVII REFORM.

        (a) Terms and Conditions.--Section 1702 of the Energy Policy Act of
    2005 (42 U.S.C. 16512) is amended--
                (1) by amending subsection (b) to read as follows:
        ``(b) Specific Appropriation or Contribution.--
                ``(1) In general.--Except as provided in paragraph (2), the
            cost of a guarantee shall be paid by the Secretary using an
            appropriation made for the cost of the guarantee, subject to
            the availability of such an appropriation.
                ``(2) Insufficient appropriations.--If sufficient
            appropriated funds to pay the cost of a guarantee are not
            available, then the guarantee shall not be made unless--
                        ``(A) the Secretary has received from the borrower
                    a payment in full for the cost of the guarantee and
                    deposited the payment into the Treasury; or
                        ``(B) a combination of one or more appropriations
                    and one or more payments from the borrower under this
                    subsection has been made that is sufficient to cover
                    the cost of the guarantee.'';
                (2) in subsection (d)(3), by striking ``is not
            subordinate'' and inserting ``, including any reorganization,
            restructuring, or termination thereof, shall not at any time be
            subordinate'';
                (3) in subsection (h)--
                        (A) by amending paragraph (1) to read as follows:
                ``(1) In general.--The Secretary shall charge, and collect
            on or after the date of the financial close of an obligation, a
            fee for a guarantee in an amount that the Secretary determines
            is sufficient to cover applicable administrative expenses
            (including any costs associated with third-party consultants
            engaged by the Secretary).''; and
                        (B) by adding at the following:
                ``(3) Reduction in fee amount.--Notwithstanding paragraph
            (1) and subject to the availability of appropriations, the
            Secretary may reduce the amount of a fee for a guarantee under
            this subsection.''; and
                (4) by adding at the end the following:
        ``(l) Restructuring of Loan Guarantees.--The Secretary shall
    consult with the Secretary of the Treasury regarding any restructuring
    of the terms or conditions of a guarantee issued pursuant to this
    title, including with respect to any deviations from the financial
    terms of the guarantee.
        ``(m) Written Analysis.--
                ``(1) Requirement.--The Secretary may not make a guarantee
            under this title until the Secretary of the Treasury has
            transmitted to the Secretary, and the Secretary has taken into
            consideration, a written analysis of the financial terms and
            conditions of the proposed guarantee.
                ``(2) Transmission.--Not later than 30 days after receiving
            information on a proposed guarantee from the Secretary, the
            Secretary of the Treasury shall transmit the written analysis
            of the financial terms and conditions of the proposed guarantee
            required under paragraph (1) to the Secretary.
                ``(3) Explanation.--If the Secretary makes a guarantee the
            financial terms and conditions of which are not consistent with
            the written analysis required under this subsection, not later
            than 30 days after making such guarantee, the Secretary shall
            submit to the Committee on Energy and Commerce and the
            Committee on Science, Space, and Technology of the House of
            Representatives, and the Committee on Energy and Natural
            Resources of the Senate, a written explanation of any material
            inconsistencies.
        ``(n) Application Status.--
                ``(1) Request.--If the Secretary does not make a final
            decision on an application for a guarantee under this title by
            the date that is 180 days after receipt of the application by
            the Secretary, the applicant may request, on or after that date
            and not more than once every 60 days thereafter until a final
            decision is made, that the Secretary provide to the applicant a
            response described in paragraph (2).
                ``(2) Response.--Not later than 10 days after receiving a
            request from an applicant under paragraph (1), the Secretary
            shall provide to the applicant a response that includes--
                        ``(A) a description of the current status of review
                    of the application;
                        ``(B) a summary of any factors that are delaying a
                    final decision on the application, a list of what items
                    are required in order to reach a final decision,
                    citations to authorities stating the reasons why such
                    items are required, and a list of actions the applicant
                    can take to expedite the process; and
                        ``(C) an estimate of when a final decision on the
                    application will be made.
        ``(o) Outreach.--In carrying out this title, the Secretary shall--
                ``(1) provide assistance with the completion of
            applications for a guarantee under this title;
                ``(2) conduct outreach, including through conferences and
            online programs, to disseminate information to potential
            applicants;
                ``(3) conduct outreach to encourage participation of
            supporting finance institutions and private lenders in eligible
            projects.
        ``(p) Coordination.--In carrying out this title, the Secretary
    shall coordinate activities under this title with activities of other
    relevant offices with the Department.
        ``(q) Report.--Not later than 2 years after the date of the
    enactment of this subsection and every 3 years thereafter, the
    Secretary shall submit to Congress a report on the status of
    applications for, and projects receiving, guarantees under this title,
    including--
                ``(1) a list of such projects, including the guarantee
            amount, construction status, and financing partners of each
            such project;
                ``(2) the status of each such project's loan repayment,
            including interest paid and future repayment projections;
                ``(3) an estimate of the air pollutant or greenhouse gas
            emissions avoided or reduced from each such project;
                ``(4) data regarding the number of direct and indirect jobs
            retained, restored, or created by such projects;
                ``(5) identification of--
                        ``(A) technologies deployed by projects that have
                    received guarantees that have subsequently been
                    deployed commercially without guarantees; and
                        ``(B) novel technologies that have been deployed by
                    such projects and deployed in the commercial energy
                    market;
                ``(6) the number of new projects projected to receive a
            guarantee under this title during the next 2 years and the
            aggregate guarantee amount;
                ``(7) the number of outreach engagements conducted with
            potential applicants;
                ``(8) the number of applications received and currently
            pending for each open solicitation; and
                ``(9) any other metrics the Secretary finds appropriate.''.
        (b) Project Eligibility Expansion.--Section 1703 of the Energy
    Policy Act of 2005 (42 U.S.C. 16513) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by inserting ``, utilize''
                    after ``reduce''; and
                        (B) in paragraph (2), by striking ``.'' and
                    inserting ``, including projects that employ elements
                    of commercial technologies in combination with new or
                    significantly improved technologies.'';
                (2) in subsection (b)--
                        (A) in paragraph (4), by inserting ``, including
                    manufacturing of nuclear supply components for advanced
                    nuclear reactors'' after ``facilities'';
                        (B) by amending paragraph (5) to read as follows:
                ``(5) Carbon capture, utilization, and sequestration
            practices and technologies, including--
                        ``(A) agricultural and forestry practices that
                    store and sequester carbon; and
                        ``(B) synthetic technologies to remove carbon from
                    the air and oceans.''; and
                        (C) by adding at the end the following:
                ``(11) Energy storage technologies for residential,
            industrial, transportation, and power generation applications.
                ``(12) Technologies or processes for reducing greenhouse
            gas emissions from industrial applications, including iron,
            steel, cement, and ammonia production, hydrogen production, and
            the generation of high-temperature heat.''; and
                (3) by adding at the end the following new subsection:
        ``(f) Regional Variation.--Notwithstanding subsection (a)(2), the
    Secretary may, if regional variation significantly affects the
    deployment of a technology, make guarantees under this title for up to
    6 projects that employ the same or similar technology as another
    project, provided no more than 2 projects that use the same or a
    similar technology are located in the same region of the United
    States.''.
        (c) Authorization of Appropriations.--Section 1704 of the Energy
    Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end
    the following:
        ``(c) Administrative and Other Expenses.--There are authorized to
    be appropriated--
                ``(1) $32,000,000 for each of fiscal years 2021 through
            2025 to carry out this title; and
                ``(2) for fiscal year 2021, in addition to amounts
            authorized under paragraph (1), $25,000,000, to remain
            available until expended, for administrative expenses described
            in section 1702(h)(1) that are not covered by fees collected
            pursuant to section 1702(h).''.

    SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

        Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C.
    13503(b)) is amended by striking paragraph (3) and inserting the
    following:
                ``(3) Established program to stimulate competitive
            research.--
                        ``(A) Definitions.--In this paragraph:
                                ``(i) Eligible entity.--The term `eligible
                            entity' means an institution of higher
                            education located in an eligible jurisdiction.
                                ``(ii) Eligible jurisdiction.--The term
                            `eligible jurisdiction' means a State that, as
                            determined by the Secretary--
                                        ``(I)(aa) historically has received
                                    relatively little Federal research and
                                    development funding; and
                                        ``(bb) has demonstrated a
                                    commitment--
                                                ``(AA) to develop the
                                            research bases in the State;
                                            and
                                                ``(BB) to improve science
                                            and engineering research and
                                            education programs at
                                            institutions of higher
                                            education in the State; and
                                        ``(II) is an eligible jurisdiction
                                    under the criteria used by the
                                    Secretary to make awards under this
                                    paragraph on the day before the date of
                                    enactment of the Energy Act of 2020.
                                ``(iii) EPSCoR.--The term `EPSCoR' means
                            the Established Program to Stimulate
                            Competitive Research operated under
                            subparagraph (B).
                                ``(iv) National laboratory.--The term
                            `National Laboratory' has the meaning given the
                            term in section 2 of the Energy Policy Act of
                            2005 (42 U.S.C. 15801).
                                ``(v) State.--The term `State' means--
                                        ``(I) a State;
                                        ``(II) the District of Columbia;
                                        ``(III) the Commonwealth of Puerto
                                    Rico;
                                        ``(IV) Guam;
                                        ``(V) the United States Virgin
                                    Islands;
                                        ``(VI) American Samoa; and
                                        ``(VII) the Commonwealth of the
                                    Northern Mariana Islands.
                        ``(B) Program operation.--The Secretary shall
                    operate an Established Program to Stimulate Competitive
                    Research.
                        ``(C) Objectives.--The objectives of EPSCoR shall
                    be--
                                ``(i) to increase the number of researchers
                            at institutions of higher education in eligible
                            jurisdictions capable of performing nationally
                            competitive science and engineering research in
                            support of the mission of the Department of
                            Energy in the areas of applied energy research,
                            environmental management, and basic science;
                                ``(ii) to enhance the capabilities of
                            institutions of higher education in eligible
                            jurisdictions to develop, plan, and execute
                            research that is competitive in the peer-review
                            process; and
                                ``(iii) to increase the probability of
                            long-term growth of competitive funding to
                            institutions of higher education in eligible
                            jurisdictions.
                        ``(D) Grants in areas of applied energy research,
                    environmental management, and basic science.--
                                ``(i) In general.--EPSCoR shall make grants
                            to eligible entities to carry out and support
                            applied energy research and research in all
                            areas of environmental management and basic
                            science sponsored by the Department of Energy,
                            including--
                                        ``(I) energy efficiency, fossil
                                    energy, renewable energy, and other
                                    applied energy research;
                                        ``(II) electricity delivery
                                    research;
                                        ``(III) cybersecurity, energy
                                    security, and emergency response;
                                        ``(IV) environmental management;
                                    and
                                        ``(V) basic science research.
                                ``(ii) Activities.--EPSCOR may make grants
                            under this subparagraph for any activities
                            consistent with the objectives described in
                            subparagraph (C) in the areas of applied energy
                            research, environmental management, and basic
                            science described in clause (i), including--
                                        ``(I) to support research at
                                    eligible entities that is carried out
                                    in partnership with the National
                                    Laboratories;
                                        ``(II) to provide for graduate
                                    traineeships;
                                        ``(III) to support research by
                                    early career faculty; and
                                        ``(IV) to improve research
                                    capabilities at eligible entities
                                    through biennial implementation grants.
                                ``(iii) No cost sharing.--EPSCoR shall not
                            impose any cost-sharing requirement with
                            respect to a grant made under this
                            subparagraph.
                        ``(E) Other activities.--EPSCoR may carry out such
                    activities as may be necessary to meet the objectives
                    described in subparagraph (C) in the areas of applied
                    energy research, environmental management, and basic
                    science described in subparagraph (D)(i).
                        ``(F) Program implementation.--
                                ``(i) In general.--Not later than 270 days
                            after the date of enactment of the Energy Act
                            of 2020, the Secretary shall submit to the
                            Committees on Energy and Natural Resources and
                            Appropriations of the Senate and the Committees
                            on Energy and Commerce and Appropriations of
                            the House of Representatives a plan describing
                            how the Secretary shall implement EPSCoR.
                                ``(ii) Contents of plan.--The plan
                            described in clause (i) shall include a
                            description of--
                                        ``(I) the management structure of
                                    EPSCoR, which shall ensure that all
                                    research areas and activities described
                                    in this paragraph are incorporated into
                                    EPSCoR;
                                        ``(II) efforts to conduct outreach
                                    to inform eligible entities and faculty
                                    of changes to, and opportunities under,
                                    EPSCoR;
                                        ``(III) how EPSCoR plans to
                                    increase engagement with eligible
                                    entities, faculty, and State
                                    committees, including by holding
                                    regular workshops, to increase
                                    participation in EPSCoR; and
                                        ``(IV) any other issues relating to
                                    EPSCoR that the Secretary determines
                                    appropriate.
                        ``(G) Program evaluation.--
                                ``(i) In general.--Not later than 5 years
                            after the date of enactment of the Energy Act
                            of 2020, the Secretary shall contract with a
                            federally funded research and development
                            center, the National Academy of Sciences, or a
                            similar organization to carry out an assessment
                            of the effectiveness of EPSCoR, including an
                            assessment of--
                                        ``(I) the tangible progress made
                                    towards achieving the objectives
                                    described in subparagraph (C);
                                        ``(II) the impact of research
                                    supported by EPSCoR on the mission of
                                    the Department of Energy; and
                                        ``(III) any other issues relating
                                    to EPSCoR that the Secretary determines
                                    appropriate.
                                ``(ii) Limitation.--The organization with
                            which the Secretary contracts under clause (i)
                            shall not be a National Laboratory.
                                ``(iii) Report.--Not later than 6 years
                            after the date of enactment of the Energy Act
                            of 2020, the Secretary shall submit to the
                            Committees on Energy and Natural Resources and
                            Appropriations of the Senate and the Committees
                            on Energy and Commerce and Appropriations of
                            the House of Representatives a report
                            describing the results of the assessment
                            carried out under clause (i), including
                            recommendations for improvements that would
                            enable the Secretary to achieve the objectives
                            described in subparagraph (C).''.

                           TITLE X--ARPA-E AMENDMENTS

    SEC. 10001. ARPA-E AMENDMENTS.

        (a) Establishment.--Section 5012(b) of the America COMPETES Act (42
    U.S.C. 16538(b)) is amended by striking ``development of energy
    technologies'' and inserting ``development of transformative science
    and technology solutions to address the energy and environmental
    missions of the Department''.
        (b) Goals.--Section 5012(c) of the America COMPETES Act (42 U.S.C.
    16538(c)) is amended--
                (1) by striking paragraph (1)(A) and inserting the
            following:
                        ``(A) to enhance the economic and energy security
                    of the United States through the development of energy
                    technologies that--
                                ``(i) reduce imports of energy from foreign
                            sources;
                                ``(ii) reduce energy-related emissions,
                            including greenhouse gases;
                                ``(iii) improve the energy efficiency of
                            all economic sectors;
                                ``(iv) provide transformative solutions to
                            improve the management, clean-up, and disposal
                            of radioactive waste and spent nuclear fuel;
                            and
                                ``(v) improve the resilience, reliability,
                            and security of infrastructure to produce,
                            deliver, and store energy; and''; and
                (2) in paragraph (2), in the matter preceding subparagraph
            (A), by striking ``energy technology projects'' and inserting
            ``advanced technology projects''.
        (c) Responsibilities.--Section 5012(e)(3)(A) of the America
    COMPETES Act (42 U.S.C. 16538(e)(3)(A)) is amended by striking
    ``energy''.
        (d) Reports and Roadmaps.--Section 5012(h) of the America COMPETES
    Act (42 U.S.C. 16538(h)) is amended to read as follows:
        ``(h) Reports and Roadmaps.--
                ``(1) Annual report.--As part of the annual budget request
            submitted for each fiscal year, the Director shall provide to
            the relevant authorizing and appropriations committees of
            Congress a report that--
                        ``(A) describes projects supported by ARPA-E during
                    the previous fiscal year;
                        ``(B) describes projects supported by ARPA-E during
                    the previous fiscal year that examine topics and
                    technologies closely related to other activities funded
                    by the Department, and includes an analysis of whether
                    in supporting such projects, the Director is in
                    compliance with subsection (i)(1); and
                        ``(C) describes current, proposed, and planned
                    projects to be carried out pursuant to subsection
                    (e)(3)(D).
                ``(2) Strategic vision roadmap.--Not later than October 1,
            2021, and every four years thereafter, the Director shall
            provide to the relevant authorizing and appropriations
            committees of Congress a roadmap describing the strategic
            vision that ARPA-E will use to guide the choices of ARPA-E for
            future technology investments over the following 4 fiscal
            years.''.
        (e) Coordination and Nonduplication.--Section 5012(i)(1) of the
    America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended to read as
    follows:
                ``(1) In general.--To the maximum extent practicable, the
            Director shall ensure that--
                        ``(A) the activities of ARPA-E are coordinated
                    with, and do not duplicate the efforts of, programs and
                    laboratories within the Department and other relevant
                    research agencies; and
                        ``(B) ARPA-E does not provide funding for a project
                    unless the prospective grantee demonstrates sufficient
                    attempts to secure private financing or indicates that
                    the project is not independently commercially
                    viable.''.
        (f) Evaluation.--Section 5012(l) of the America COMPETES Act (42
    U.S.C. 16538(l)) is amended--
                (1) by striking paragraph (1) and inserting the following:
                ``(1) In general.--Not later than 3 years after the date of
            enactment of this paragraph, the Secretary is authorized to
            enter into a contract with the National Academy of Sciences
            under which the National Academy shall conduct an evaluation of
            how well ARPA-E is achieving the goals and mission of ARPA-
            E.''; and
                (2) in paragraph (2)--
                        (A) in the matter preceding subparagraph (A), by
                    striking ``shall'' and inserting ``may''; and
                        (B) in subparagraph (A), by striking ``the
                    recommendation of the National Academy of Sciences''
                    and inserting ``a recommendation''.
        (g) Authorization of Appropriations.--Paragraph (2) of section
    5012(o) of the America COMPETES Act (42 U.S.C. 16538(o)) is amended to
    read as follows:
                ``(2) Authorization of appropriations.--Subject to
            paragraph (4), there are authorized to be appropriated to the
            Director for deposit in the Fund, without fiscal year
            limitation--
                        ``(A) $435,000,000 for fiscal year 2021;
                        ``(B) $500,000,000 for fiscal year 2022;
                        ``(C) $575,000,000 for fiscal year 2023;
                        ``(D) $662,000,000 for fiscal year 2024; and
                        ``(E) $761,000,000 for fiscal year 2025.''.
        (h) Technical Amendments.--Section 5012 of the America COMPETES Act
    (42 U.S.C. 16538) is amended--
                (1) in subsection (g)(3)(A)(iii), by striking ``subpart''
            each place it appears and inserting ``subparagraph''; and
                (2) in subsection (o)(4)(B), by striking ``(c)(2)(D)'' and
            inserting ``(c)(2)(C)''.

                            TITLE XI--OTHER MATTERS

    SEC. 11001. LOW-DOSE RADIATION RESEARCH.

        (a) Low-dose Radiation Research Program.--Section 306(c) of the
    Department of Energy Research and Innovation Act (42 U.S.C. 18644(c))
    is amended to read as follows:
        ``(c) Low-dose Radiation Research Program.--
                ``(1) In general.--The Secretary shall carry out a research
            program on low-dose and low dose-rate radiation to--
                        ``(A) enhance the scientific understanding of, and
                    reduce uncertainties associated with, the effects of
                    exposure to low-dose and low dose-rate radiation; and
                        ``(B) inform improved risk-assessment and risk-
                    management methods with respect to such radiation.
                ``(2) Program components.--In carrying out the program
            required under paragraph (1), the Secretary shall--
                        ``(A) support and carry out the directives under
                    section 106(b) of the American Innovation and
                    Competitiveness Act (42 U.S.C. 6601 note), except that
                    such section shall be treated for purposes of this
                    subsection as applying to low dose and low-dose rate
                    radiation research, in coordination with the Physical
                    Science Subcommittee of the National Science and
                    Technology Council;
                        ``(B) identify and, to the extent possible,
                    quantify, potential monetary and health-related impacts
                    to Federal agencies, the general public, industry,
                    research communities, and other users of information
                    produced by such research program;
                        ``(C) leverage the collective body of knowledge
                    from existing low-dose and low dose-rate radiation
                    research;
                        ``(D) engage with other Federal agencies, research
                    communities, and potential users of information
                    produced under this section, including institutions
                    performing or utilizing radiation research, medical
                    physics, radiology, health physics, and emergency
                    response measures; and
                        ``(E) support education and outreach activities to
                    disseminate information and promote public
                    understanding of low-dose radiation, with a focus on
                    non-emergency situations such as medical physics, space
                    exploration, and naturally occurring radiation.
                ``(3) Research plan.--
                        ``(A) Not later than 90 days after the date of
                    enactment of the Energy Act of 2020, the Secretary
                    shall enter into an agreement with the National Academy
                    of Sciences to develop a long-term strategic and
                    prioritized research agenda for the program described
                    in paragraph (2);
                        ``(B) Not later than one year after the date of
                    enactment of the Energy Act of 2020, the Secretary
                    shall transmit this research plan developed in
                    subparagraph (A) to the Committee on Science, Space,
                    and Technology of the House of Representatives and the
                    Committee on Energy and Natural Resources of the
                    Senate.
                ``(4) GAO study.--Not later than 3 years after the date of
            enactment of the Energy Act of 2020, the Comptroller General
            shall transmit to the Committee on Science, Space, and
            Technology of the House of Representatives and the Committee on
            Energy and Natural Resources of the Senate, a report on:
                        ``(A) an evaluation of the program activities
                    carried out under this section;
                        ``(B) the effectiveness of the coordination and
                    management of the program; and
                        ``(C) the implementation of the research plan
                    outlined in paragraph (3).
                ``(6) Definitions.--In this subsection:
                        ``(A) Low-dose radiation.--The term `low-dose
                    radiation' means a radiation dose of less than 100
                    millisieverts.
                        ``(B) Low dose-rate radiation.--The term `low dose-
                    rate radiation' means a radiation dose rate of less
                    than 5 millisieverts per hour.
                ``(7) Rule of construction.--Nothing in this subsection
            shall be construed to subject any research carried out by the
            Secretary for the program under this subsection to any
            limitations described in section 977(e) of the Energy Policy
            Act of 2005 (42 U.S.C. 16317(e)).
                ``(8) Funding.--For purposes of carrying out this
            subsection, the Secretary is authorized to make available from
            funds provided to the Biological and Environmental Research
            Program--
                        ``(A) $20,000,000 for fiscal year 2021;
                        ``(B) $20,000,000 for fiscal year 2022;
                        ``(C) $30,000,000 for fiscal year 2023; and
                        ``(D) $40,000,000 for fiscal year 2024.''.
        (b) Space Radiation Research.--Section 306 of the Department of
    Energy Research and Innovation Act (42 U.S.C. 18644) is amended by
    adding at the end the following:
        ``(d) Space Radiation Research.--The Secretary of Energy, shall
    continue and strengthen collaboration with the Administrator of the
    National Aeronautics and Space Administration on basic research to
    understand the effects and risks of human exposure to ionizing
    radiation in low Earth orbit, and in the space environment.''.

    SEC. 11002. AUTHORIZATION.

        Section 112(a)(1)(B) of the Uranium Mill Tailings Radiation Control
    Act of 1978 (42 U.S.C. 7922(a)(1)(B)) is amended by striking
    ``September 30, 2023'' and inserting ``September 30, 2031''.

    SEC. 11003. SENSE OF CONGRESS.

        It is the sense of Congress that in order to reduce emissions and
    meet 100 percent of the power demand in the United States through
    clean, renewable, or zero emission energy sources while maintaining
    United States leadership in science and technology, the Secretary of
    Energy must prioritize funding for critical fundamental research
    infrastructure and for basic research and development activities
    carried out through the Office of Science.

    SEC. 11004. ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES AND OTHER
                  PERSONNEL OF THE FEDERAL ENERGY REGULATORY COMMISSION.

        (a) In General.--Section 401 of the Department of Energy
    Organization Act (42 U.S.C. 7171) is amended by adding at the end the
    following:
        ``(k) Addressing Insufficient Compensation of Employees and Other
    Personnel of the Commission.--
                ``(1) In general.--Notwithstanding any other provision of
            law, if the Chairman of the Commission publicly certifies that
            compensation for a category of employees or other personnel of
            the Commission is insufficient to retain or attract employees
            and other personnel to allow the Commission to carry out the
            functions of the Commission in a timely, efficient, and
            effective manner, the Chairman may fix the compensation for the
            category of employees or other personnel without regard to
            chapter 51 and subchapter III of chapter 53 of title 5, United
            States Code, or any other civil service law.
                ``(2) Certification requirements.--A certification issued
            under paragraph (1) shall--
                        ``(A) apply with respect to a category of employees
                    or other personnel responsible for conducting work of a
                    scientific, technological, engineering, or mathematical
                    nature;
                        ``(B) specify a maximum amount of reasonable
                    compensation for the category of employees or other
                    personnel;
                        ``(C) be valid for a 5-year period beginning on the
                    date on which the certification is issued;
                        ``(D) be no broader than necessary to achieve the
                    objective of retaining or attracting employees and
                    other personnel to allow the Commission to carry out
                    the functions of the Commission in a timely, efficient,
                    and effective manner; and
                        ``(E) include an explanation for why the other
                    approaches available to the Chairman for retaining and
                    attracting employees and other personnel are
                    inadequate.
                ``(3) Renewal.--
                        ``(A) In general.--Not later than 90 days before
                    the date of expiration of a certification issued under
                    paragraph (1), the Chairman shall determine whether the
                    certification should be renewed for a subsequent 5-year
                    period.
                        ``(B) Requirement.--If the Chairman determines that
                    a certification should be renewed under subparagraph
                    (A), the Chairman may renew the certification, subject
                    to the certification requirements under paragraph (2)
                    that were applicable to the initial certification.
                ``(4) New hires.--
                        ``(A) In general.--An employee or other personnel
                    that is a member of a category of employees or other
                    personnel that would have been covered by a
                    certification issued under paragraph (1), but was hired
                    during a period in which the certification has expired
                    and has not been renewed under paragraph (3) shall not
                    be eligible for compensation at the level that would
                    have applied to the employee or other personnel if the
                    certification had been in effect on the date on which
                    the employee or other personnel was hired.
                        ``(B) Compensation of new hires on renewal.--On
                    renewal of a certification under paragraph (3), the
                    Chairman may fix the compensation of the employees or
                    other personnel described in subparagraph (A) at the
                    level established for the category of employees or
                    other personnel in the certification.
                ``(5) Retention of level of fixed compensation.--A category
            of employees or other personnel, the compensation of which was
            fixed by the Chairman in accordance with paragraph (1), may, at
            the discretion of the Chairman, have the level of fixed
            compensation for the category of employees or other personnel
            retained, regardless of whether a certification described under
            that paragraph is in effect with respect to the compensation of
            the category of employees or other personnel.
                ``(6) Consultation required.--The Chairman shall consult
            with the Director of the Office of Personnel Management in
            implementing this subsection, including in the determination of
            the amount of compensation with respect to each category of
            employees or other personnel.
                ``(7) Experts and consultants.--
                        ``(A) In general.--Subject to subparagraph (B), the
                    Chairman may--
                                ``(i) obtain the services of experts and
                            consultants in accordance with section 3109 of
                            title 5, United States Code;
                                ``(ii) compensate those experts and
                            consultants for each day (including travel
                            time) at rates not in excess of the rate of pay
                            for level IV of the Executive Schedule under
                            section 5315 of that title; and
                                ``(iii) pay to the experts and consultants
                            serving away from the homes or regular places
                            of business of the experts and consultants
                            travel expenses and per diem in lieu of
                            subsistence at rates authorized by sections
                            5702 and 5703 of that title for persons in
                            Government service employed intermittently.
                        ``(B) Limitations.--The Chairman shall--
                                ``(i) to the maximum extent practicable,
                            limit the use of experts and consultants
                            pursuant to subparagraph (A); and
                                ``(ii) ensure that the employment contract
                            of each expert and consultant employed pursuant
                            to subparagraph (A) is subject to renewal not
                            less frequently than annually.''.
        (b) Reports.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, and every 2 years thereafter for 10
            years, the Chairman of the Federal Energy Regulatory Commission
            shall submit to the Committee on Energy and Commerce of the
            House of Representatives and the Committee on Energy and
            Natural Resources of the Senate a report on information
            relating to hiring, vacancies, and compensation at the Federal
            Energy Regulatory Commission.
                (2) Inclusions.--Each report under paragraph (1) shall
            include--
                        (A) an analysis of any trends with respect to
                    hiring, vacancies, and compensation at the Federal
                    Energy Regulatory Commission; and
                        (B) a description of the efforts to retain and
                    attract employees or other personnel responsible for
                    conducting work of a scientific, technological,
                    engineering, or mathematical nature at the Federal
                    Energy Regulatory Commission.
        (c) Applicability.--The amendment made by subsection (a) shall
    apply beginning on the date that is 30 days after the date of enactment
    of this Act.

    SEC. 11005. REPORT ON THE AUTHORITY OF THE SECRETARY OF ENERGY TO
                  IMPLEMENT FLEXIBLE COMPENSATION MODELS.

        Not later than 180 days after the date of enactment of this Act,
    the Secretary of Energy shall submit to Congress a report examining the
    full scope of the hiring authority made available to the Secretary of
    Energy by the Office of Personnel Management to implement flexible
    compensation models, including pay for performance and pay banding,
    throughout the Department of Energy, including at the National
    Laboratories, for the purposes of hiring, recruiting, and retaining
    employees responsible for conducting work of a scientific,
    technological, engineering, or mathematical nature.

              DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020

    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This division may be cited as the ``Water
    Resources Development Act of 2020''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

              DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020

    Sec. 1. Short title; table of contents.
    Sec. 2. Secretary defined.

                          TITLE I--GENERAL PROVISIONS

    Sec. 101. Budgetary treatment expansion and adjustment for the Harbor
                                Maintenance Trust Fund.
    Sec. 102. Authorization of appropriations for navigation.
    Sec. 103. Annual report to Congress on the Harbor Maintenance Trust
                                Fund.
    Sec. 104. Additional measures at donor ports and energy transfer ports.
    Sec. 105. Construction of water resources development projects by non-
                                Federal interests.
    Sec. 106. Coast Guard anchorages.
    Sec. 107. State contribution of funds for certain operation and
                                maintenance costs.
    Sec. 108. Great Lakes confined disposal facilities.
    Sec. 109. Inland waterway projects.
    Sec. 110. Implementation of water resources principles and
                                requirements.
    Sec. 111. Resiliency planning assistance.
    Sec. 112. Project consultation.
    Sec. 113. Review of resiliency assessments.
    Sec. 114. Small flood control projects.
    Sec. 115. Flood Protection Projects.
    Sec. 116. Feasibility studies; review of natural and nature-based
                                features.
    Sec. 117. Federal interest determination.
    Sec. 118. Pilot programs on the formulation of Corps of Engineers
                                projects in rural communities and
                                economically disadvantaged communities.
    Sec. 119. Permanent measures to reduce emergency flood fighting needs
                                for communities subject to repetitive
                                flooding.
    Sec. 120. Emergency response to natural disasters.
    Sec. 121. Cost and benefit feasibility assessment.
    Sec. 122. Expediting repairs and recovery from flooding.
    Sec. 123. Review of Corps of Engineers assets.
    Sec. 124. Sense of Congress on multipurpose projects.
    Sec. 125. Beneficial use of dredged material; dredged material
                                management plans.
    Sec. 126. Aquatic ecosystem restoration for anadromous fish.
    Sec. 127. Annual report to Congress on water resources infrastructure.
    Sec. 128. Harmful algal bloom demonstration program.
    Sec. 129. Missouri River interception-rearing complex construction.
    Sec. 130. Materials, services, and funds for repair, restoration, or
                                rehabilitation of projects.
    Sec. 131. Levee safety.
    Sec. 132. National Dam Safety Program.
    Sec. 133. Rehabilitation of Corps of Engineers constructed pump
                                stations.
    Sec. 134. Non-Federal Project Implementation Pilot Program.
    Sec. 135. Cost sharing provisions for territories and Indian Tribes.
    Sec. 136. Review of contracting policies.
    Sec. 137. Criteria for funding environmental infrastructure projects.
    Sec. 138. Aging infrastructure.
    Sec. 139. Uniformity of notification systems.
    Sec. 140. Coastal storm damage reduction contracts.
    Sec. 141. Dam remediation for ecosystem restoration.
    Sec. 142. Levee accreditation process; levee certifications.
    Sec. 143. Project partnership agreement.
    Sec. 144. Acceptance of funds for harbor dredging.
    Sec. 145. Replacement capacity.
    Sec. 146. Reviewing hydropower at Corps of Engineers facilities.
    Sec. 147. Repair and restoration of embankments.
    Sec. 148. Coastal mapping.
    Sec. 149. Interim risk reduction measures.
    Sec. 150. Maintenance dredging permits.
    Sec. 151. High water-low water preparedness.
    Sec. 152. Treatment of certain benefits and costs.
    Sec. 153. Lease deviations.
    Sec. 154. Sense of Congress on Arctic deep draft port development.
    Sec. 155. Small water storage projects.
    Sec. 156. Planning Assistance to States.
    Sec. 157. Forecast-informed reservoir operations.
    Sec. 158. Data for water allocation, supply, and demand.
    Sec. 159. Inland waterways pilot program.
    Sec. 160. Definition of economically disadvantaged community.
    Sec. 161. Studies of water resources development projects by non-
                                Federal interests.
    Sec. 162. Leveraging Federal infrastructure for increased water supply.
    Sec. 163. Sense of Congress on removal of unauthorized, manmade,
                                flammable materials on Corps property.
    Sec. 164. Enhanced development program.
    Sec. 165. Continuing authority programs.

                         TITLE II--STUDIES AND REPORTS

    Sec. 201. Authorization of proposed feasibility studies.
    Sec. 202. Expedited completions.
    Sec. 203. Expedited modifications of existing feasibility studies.
    Sec. 204. Assistance to non-Federal sponsors; feasibility analysis.
    Sec. 205. Selma, Alabama.
    Sec. 206. Report on Corps of Engineers facilities in Appalachia.
    Sec. 207. Additional studies under North Atlantic Coast Comprehensive
                                Study.
    Sec. 208. South Atlantic coastal study.
    Sec. 209. Comprehensive study of the Sacramento River, Yolo Bypass,
                                California.
    Sec. 210. Lake Okeechobee regulation schedule, Florida.
    Sec. 211. Great Lakes coastal resiliency study.
    Sec. 212. Report on the status of restoration in the Louisiana coastal
                                area.
    Sec. 213. Lower Mississippi River comprehensive management study.
    Sec. 214. Upper Mississippi River Comprehensive Plan.
    Sec. 215. Upper Missouri River Basin mainstem dam fish loss research.
    Sec. 216. Lower and Upper Missouri River Comprehensive Flood
                                Protection.
    Sec. 217. Portsmouth Harbor and Piscataqua River and Rye Harbor, New
                                Hampshire.
    Sec. 218. Cougar and Detroit Dams, Willamette River Basin, Oregon.
    Sec. 219. Port Orford, Oregon.
    Sec. 220. Wilson Creek and Sloan Creek, Fairview, Texas.
    Sec. 221. Study on water supply and water conservation at water
                                resources development projects.
    Sec. 222. Report to Congress on authorized studies and projects.
    Sec. 223. Completion of reports and materials.
    Sec. 224. Emergency flooding protection for lakes.
    Sec. 225. Report on debris removal.
    Sec. 226. Report on antecedent hydrologic conditions.
    Sec. 227. Subsurface drain systems research and development.
    Sec. 228. Report on corrosion prevention activities.
    Sec. 229. Annual reporting on dissemination of information.
    Sec. 230. Report on benefits calculation for flood control structures.

                 TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS

    Sec. 301. Deauthorization of inactive projects.
    Sec. 302. Abandoned and inactive noncoal mine restoration.
    Sec. 303. Tribal partnership program.
    Sec. 304. Lakes program.
    Sec. 305. Rehabilitation of Corps of Engineers constructed dams.
    Sec. 306. Chesapeake Bay Environmental Restoration and Protection
                                Program.
    Sec. 307. Upper Mississippi River System Environmental Management
                                Program.
    Sec. 308. Upper Mississippi River protection.
    Sec. 309. Theodore Ship Channel, Mobile, Alabama.
    Sec. 310. McClellan-Kerr Arkansas River Navigation System.
    Sec. 311. Ouachita and Black Rivers, Arkansas and Louisiana.
    Sec. 312. Lake Isabella, California.
    Sec. 313. Lower San Joaquin River flood control project.
    Sec. 314. Sacramento River, Glenn-Colusa, California.
    Sec. 315. San Diego River and Mission Bay, San Diego County,
                                California.
    Sec. 316. San Francisco, California, Waterfront Area.
    Sec. 317. Western Pacific Interceptor Canal, Sacramento River,
                                California.
    Sec. 318. Rio Grande Environmental Management Program, Colorado, New
                                Mexico, and Texas.
    Sec. 319. New London Harbor Waterfront Channel, Connecticut.
    Sec. 320. Wilmington Harbor, Delaware.
    Sec. 321. Wilmington Harbor South Disposal Area, Delaware.
    Sec. 322. Washington Harbor, District of Columbia.
    Sec. 323. Big Cypress Seminole Indian Reservation Water Conservation
                                Plan, Florida.
    Sec. 324. Central Everglades, Florida.
    Sec. 325. Miami River, Florida.
    Sec. 326. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida.
    Sec. 327. Taylor Creek Reservoir and Levee L-73 (Section 1), Upper St.
                                Johns River Basin, Florida.
    Sec. 328. Extinguishment of flowage easements, Rough River Lake,
                                Kentucky.
    Sec. 329. Calcasieu River and Pass, Louisiana.
    Sec. 330. Camden Harbor, Maine.
    Sec. 331. Cape Porpoise Harbor, Maine, anchorage area designation.
    Sec. 332. Baltimore, Maryland.
    Sec. 333. Thad Cochran Lock and Dam, Amory, Mississippi.
    Sec. 334. Missouri river reservoir sediment management.
    Sec. 335. Portsmouth, New Hampshire.
    Sec. 336. Rahway flood risk management feasibility study, New Jersey.
    Sec. 337. San Juan-Chama project; Abiquiu Dam, New Mexico.
    Sec. 338. Flushing Bay and Creek Federal Navigation Channel, New York.
    Sec. 339. Rush River and Lower Branch Rush River, North Dakota.
    Sec. 340. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove,
                                Rhode Island and Connecticut.
    Sec. 341. Harris County, Texas.
    Sec. 342. Cap Sante Waterway, Washington.
    Sec. 343. Local government reservoir permit review.
    Sec. 344. Project modifications for improvement of environment.
    Sec. 345. Aquatic ecosystem restoration.
    Sec. 346. Surplus water contracts and water storage agreements.
    Sec. 347. No wake zones in navigation channels.
    Sec. 348. Limitation on contract execution in the Arkansas River Basin.
    Sec. 349. Waiver of non-Federal share of damages related to certain
                                contract claims.
    Sec. 350. Reduced pricing for certain water supply storage.
    Sec. 351. Flood control and other purposes.
    Sec. 352. Additional assistance for critical projects.
    Sec. 353. Project modification authorizations.
    Sec. 354. Completion of maintenance and repair activities.
    Sec. 355. Project reauthorizations.
    Sec. 356. Conveyances.
    Sec. 357. Lake Eufaula advisory committee.
    Sec. 358. Repeal of Missouri River Task Force, North Dakota.
    Sec. 359. Repeal of Missouri River Task Force, South Dakota.
    Sec. 360. Conforming amendments.

                    TITLE IV--WATER RESOURCES INFRASTRUCTURE

    Sec. 401. Project authorizations.
    Sec. 402. Special rules.
    Sec. 403. Authorization of projects based on feasibility studies
                                prepared by non-Federal interests.

                             TITLE V--OTHER MATTERS

    Sec. 501. Update on Invasive Species Policy Guidance.
    Sec. 502. Aquatic invasive species research.
    Sec. 503. Terrestrial noxious weed control pilot program.
    Sec. 504. Invasive species risk assessment, prioritization, and
                                management.
    Sec. 505. Invasive species mitigation and reduction.
    Sec. 506. Aquatic invasive species prevention.
    Sec. 507. Invasive species in alpine lakes pilot program.
    Sec. 508. Murder hornet eradication pilot program.
    Sec. 509. Asian carp prevention and control pilot program.
    Sec. 510. Invasive species in noncontiguous States and territories
                                pilot program.
    Sec. 511. Soil moisture and snowpack monitoring.
    Sec. 512. Great Lakes St. Lawrence Seaway Development Corporation.

    SEC. 2. SECRETARY DEFINED.

        In this Act, the term ``Secretary'' means the Secretary of the
    Army.

                          TITLE I--GENERAL PROVISIONS

    SEC. 101. BUDGETARY TREATMENT EXPANSION AND ADJUSTMENT FOR THE HARBOR
                  MAINTENANCE TRUST FUND.

        Section 14003 of division B of the CARES Act (Public Law 116-136)
    is amended to read as follows:
        ``Sec. 14003.  Any discretionary appropriation for the Corps of
    Engineers--
                ``(1) derived from the Harbor Maintenance Trust Fund, in
            this fiscal year and thereafter, not to exceed the sum of--
                        ``(A) the total amount deposited in the Harbor
                    Maintenance Trust Fund in the fiscal year that is two
                    years prior to the fiscal year for which the
                    appropriation is being made; and
                        ``(B)(i) $500,000,000 for fiscal year 2021;
                        ``(ii) $600,000,000 for fiscal year 2022;
                        ``(iii) $700,000,000 for fiscal year 2023;
                        ``(iv) $800,000,000 for fiscal year 2024;
                        ``(v) $900,000,000 for fiscal year 2025;
                        ``(vi) $1,000,000,000 for fiscal year 2026;
                        ``(vii) $1,200,000,000 for fiscal year 2027;
                        ``(viii) $1,300,000,000 for fiscal year 2028;
                        ``(ix) $1,400,000,000 for fiscal year 2029; and
                        ``(x) $1,500,000,000 for fiscal year 2030 and
                    thereafter; and
                ``(2) for the Operation and Maintenance account of the
            Corps of Engineers which is designated in statute as being to
            carry out subsection (c) of section 2106 of the Water Resources
            Reform and Development Act of 2014 (33 U.S.C. 2238c), not to
            exceed--
                        ``(A) $50,000,000 for fiscal year 2021;
                        ``(B) $50,000,000 for fiscal year 2022;
                        ``(C) $56,000,000 for fiscal year 2023;
                        ``(D) $58,000,000 for fiscal year 2024;
                        ``(E) $60,000,000 for fiscal year 2025;
                        ``(F) $62,000,000 for fiscal year 2026;
                        ``(G) $64,000,000 for fiscal year 2027;
                        ``(H) $66,000,000 for fiscal year 2028;
                        ``(I) $68,000,000 for fiscal year 2029; and
                        ``(J) $70,000,000 for fiscal year 2030;
    shall be subtracted from the estimate of discretionary budget authority
    and outlays for any estimate of an appropriations Act under the
    Congressional Budget and Impoundment Control Act of 1974 or the
    Balanced Budget and Emergency Deficit Control Act of 1985.''.

    SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION.

        (a) Authorization.--
                (1) In general.--In carrying out subsection (c) of section
            210 of the Water Resources Development Act of 1986 (33 U.S.C.
            2238), for each fiscal year, of the funds made available under
            such section (including funds appropriated from the Harbor
            Maintenance Trust Fund), the Secretary shall, to the extent
            practicable, unless otherwise directed in an Act making
            appropriations for the Corps of Engineers, make expenditures to
            pay for operation and maintenance costs of the harbors and
            inland harbors referred to in subsection (a)(2) of such
            section, to the extent there are identifiable operations and
            maintenance needs, of--
                        (A) not less than 15 percent of such funds for
                    emerging harbor projects, including eligible breakwater
                    and jetty needs at such harbor projects;
                        (B) not less than 13 percent of such funds for
                    projects that are located within the Great Lakes
                    Navigation System;
                        (C) 12 percent of such funds for expanded uses
                    carried out at donor ports and energy transfer ports,
                    of which--
                                (i) \1/3\ shall be provided to energy
                            transfer ports; and
                                (ii) \2/3\ shall be provided to donor
                            ports;
                        (D) not less than 17 percent of such funds for
                    projects that are assigned to commercial strategic
                    seaports; and
                        (E) any remaining funds for operation and
                    maintenance costs of any harbor or inland harbor
                    referred to in such subsection (a)(2) based on an
                    equitable allocation of such funds among such harbors
                    and inland harbors, in accordance with subsection
                    (c)(1) of such section 210.
                (2) Definitions.--In this subsection:
                        (A) Commercial strategic seaport.--The term
                    ``commercial strategic seaport'' means a commercial
                    harbor supporting the coordination of efficient port
                    operations during peacetime and national defense
                    emergencies that is designated as strategic through the
                    National Port Readiness Network.
                        (B) Donor port; energy transfer port.--The terms
                    ``donor port'' and ``energy transfer port'' have the
                    meanings given those terms in section 2106 of the Water
                    Resources Reform and Development Act of 2014 (33 U.S.C.
                    2238c).
                        (C) Emerging harbor project; great lakes navigation
                    system.--The terms ``emerging harbor project'' and
                    ``Great Lakes Navigation System'' have the meanings
                    given those terms in section 210 of the Water Resources
                    Development Act of 1986 (33 U.S.C. 2238).
                (3) Effective date.--This subsection shall take effect on
            October 1, 2022.
        (b) Additional Uses.--
                (1) Operation and maintenance of harbor projects.--Section
            210(c)(3) of the Water Resources Development Act of 1986 (33
            U.S.C. 2238(c)(3)) is amended--
                        (A) by striking ``Notwithstanding'' and inserting
                    the following:
                        ``(A) Allocation.--Notwithstanding''; and
                        (B) by adding at the end the following:
                        ``(B) Additional uses at emerging harbors.--
                                ``(i) Uses.--In each fiscal year, the
                            Secretary may use not more than $5,000,000 of
                            funds allocated for emerging harbor projects
                            under paragraph (1) to pay for the costs of up
                            to 10 projects for maintenance dredging of a
                            marina or berthing area, in an emerging harbor,
                            that includes an area that is located adjacent
                            to, or is accessible by, a Federal navigation
                            project, subject to clauses (ii) and (iii) of
                            this subparagraph.
                                ``(ii) Eligible emerging harbors.--The
                            Secretary may use funds as authorized under
                            clause (i) at an emerging harbor that--
                                        ``(I) supports commercial
                                    activities, including commercial
                                    fishing operations, commercial fish
                                    processing operations, recreational and
                                    sport fishing, and commercial boat
                                    yards; or
                                        ``(II) supports activities of the
                                    Secretary of the department in which
                                    the Coast Guard is operating.
                                ``(iii) Cost-sharing requirements.--The
                            Secretary shall require a non-Federal interest
                            to contribute not less than 25 percent of the
                            costs for maintenance dredging of that portion
                            of a maintenance dredging project described in
                            clause (i) that is located outside of the
                            Federal navigation project, which may be
                            provided as an in-kind contribution, including
                            through the use of dredge equipment owned by
                            non-Federal interest to carry out such
                            activities.''.
                (2) Assessment of harbors and inland harbors.--Section
            210(e)(2)(A)(ii) of the Water Resources Development Act of 1986
            (33 U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting ``uses
            described in subsection (c)(3)(B) and'' after ``costs for''.
                (3) Definitions.--Section 210(f) of the Water Resources
            Development Act of 1986 (33 U.S.C. 2238(f)) is amended--
                        (A) by striking paragraph (6);
                        (B) by redesignating paragraphs (3) through (5) as
                    paragraphs (4) through (6), respectively;
                        (C) by striking paragraph (2) and inserting the
                    following:
                ``(2) Emerging harbor.--The term `emerging harbor' means a
            harbor or inland harbor referred to in subsection (a)(2) that
            transits less than 1,000,000 tons of cargo annually.
                ``(3) Emerging harbor project.--The term `emerging harbor
            project' means a project that is assigned to an emerging
            harbor.''; and
                        (D) in paragraph (4) (as so redesignated), by
                    adding at the end the following:
                        ``(C) An in-water improvement, if the improvement--
                                ``(i) is for the seismic reinforcement of a
                            wharf or other berthing structure, or the
                            repair or replacement of a deteriorating wharf
                            or other berthing structure, at a port
                            facility;
                                ``(ii) benefits commercial navigation at
                            the harbor; and
                                ``(iii) is located in, or adjacent to, a
                            berth that is accessible to a Federal
                            navigation project.
                        ``(D) An activity to maintain slope stability at a
                    berth in a harbor that is accessible to a Federal
                    navigation project if such activity benefits commercial
                    navigation at the harbor.''.

    SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR MAINTENANCE TRUST
                  FUND.

        Section 330 of the Water Resources Development Act of 1992 (26
    U.S.C. 9505 note; 106 Stat. 4851) is amended--
                (1) in subsection (a)--
                        (A) by striking ``and annually thereafter,'' and
                    inserting ``and annually thereafter concurrent with the
                    submission of the President's annual budget request to
                    Congress,''; and
                        (B) by striking ``Public Works and Transportation''
                    and inserting ``Transportation and Infrastructure'';
                    and
                (2) in subsection (b)(1) by adding at the end the
            following:
                        ``(D) A description of the expected expenditures
                    from the trust fund to meet the needs of navigation for
                    the fiscal year of the budget request.''.

    SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER PORTS.

        (a) Interim Authorization.--Section 2106(f) of the Water Resources
    Reform and Development Act of 2014 (33 U.S.C. 2238c(f)) is amended--
                (1) in paragraph (1), by striking ``2020'' and inserting
            ``2022''; and
                (2) by striking paragraph (3).
        (b) In General.--
                (1) Definitions.--Section 2106(a) of the Water Resources
            Reform and Development Act of 2014 (33 U.S.C. 2238c(a)) is
            amended--
                        (A) in paragraph (3)(A)--
                                (i) by amending clause (ii) to read as
                            follows:
                                ``(ii) at which the total amount of harbor
                            maintenance taxes collected (including the
                            estimated taxes related to domestic cargo and
                            cruise passengers) comprise not less than
                            $15,000,000 annually of the total funding of
                            the Harbor Maintenance Trust Fund on an average
                            annual basis for the previous 3 fiscal
                            years;'';
                                (ii) in clause (iii)--
                                        (I) by inserting ``(including the
                                    estimated taxes related to domestic
                                    cargo and cruise passengers)'' after
                                    ``taxes collected''; and
                                        (II) by striking ``5 fiscal years''
                                    and inserting ``3 fiscal years''; and
                                (iii) in clause (iv), by striking ``in
                            fiscal year 2012'' and inserting ``on an
                            average annual basis for the previous 3 fiscal
                            years'';
                        (B) in paragraph (5)(B), by striking ``in fiscal
                    year 2012'' each place it appears and inserting ``on an
                    average annual basis for the previous 3 fiscal years'';
                        (C) by redesignating paragraph (8) as paragraph (9)
                    and inserting after paragraph (7) the following:
                ``(8) Harbor maintenance trust fund.--The term `Harbor
            Maintenance Trust Fund' means the Harbor Maintenance Trust Fund
            established by section 9505 of the Internal Revenue Code of
            1986.''; and
                        (D) in paragraph (9), as so redesignated--
                                (i) by amending subparagraph (B) to read as
                            follows:
                        ``(B) at which the total amount of harbor
                    maintenance taxes collected (including the estimated
                    taxes related to domestic cargo and cruise passengers)
                    comprise annually more than $5,000,000 but less than
                    $15,000,000 of the total funding of the Harbor
                    Maintenance Trust Fund on an average annual basis for
                    the previous 3 fiscal years;'';
                                (ii) in subparagraph (C)--
                                        (I) by inserting ``(including the
                                    estimated taxes related to domestic
                                    cargo and cruise passengers)'' after
                                    ``taxes collected''; and
                                        (II) by striking ``5 fiscal years''
                                    and inserting ``3 fiscal years''; and
                                (iii) in subparagraph (D), by striking ``in
                            fiscal year 2012'' and inserting ``on an
                            average annual basis for the previous 3 fiscal
                            years''.
                (2) Report to congress; authorization of appropriations.--
            Section 2106 of the Water Resources Reform and Development Act
            of 2014 (33 U.S.C. 2238c) is amended--
                        (A) by striking subsection (e) and redesignating
                    subsections (f) and (g) as subsections (e) and (f),
                    respectively; and
                        (B) in subsection (e), as so redesignated, by
                    amending paragraph (1) to read as follows:
                ``(1) In general.--There are authorized to be appropriated
            to carry out this section--
                        ``(A) $56,000,000 for fiscal year 2023;
                        ``(B) $58,000,000 for fiscal year 2024;
                        ``(C) $60,000,000 for fiscal year 2025;
                        ``(D) $62,000,000 for fiscal year 2026;
                        ``(E) $64,000,000 for fiscal year 2027;
                        ``(F) $66,000,000 for fiscal year 2028;
                        ``(G) $68,000,000 for fiscal year 2029; and
                        ``(H) $70,000,000 for fiscal year 2030.''.
                (3) Effective date.--The amendments made by this subsection
            shall take effect on October 1, 2022.

    SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
                  FEDERAL INTERESTS.

        (a) Studies and Engineering.--Section 204(c)(1) of the Water
    Resources Development Act of 1986 (33 U.S.C. 2232(c)(1)) is amended by
    striking ``under subsection (b)'' and inserting ``under this section''.
        (b) Assumption of Maintenance of a Locally Preferred Plan.--Section
    204(f) of the Water Resources Development Act of 1986 (33 U.S.C.
    2232(f)) is amended to read as follows:
        ``(f) Operation and Maintenance.--
                ``(1) Assumption of maintenance.--Whenever a non-Federal
            interest carries out improvements to a federally authorized
            harbor or inland harbor, the Secretary shall be responsible for
            operation and maintenance in accordance with section 101(b)
            if--
                        ``(A) before construction of the improvements--
                                ``(i) the Secretary determines that the
                            improvements are feasible and consistent with
                            the purposes of this title; and
                                ``(ii) the Secretary and the non-Federal
                            interest execute a written agreement relating
                            to operation and maintenance of the
                            improvements;
                        ``(B) the Secretary certifies that the project or
                    separable element of the project is constructed in
                    accordance with applicable permits and appropriate
                    engineering and design standards; and
                        ``(C) the Secretary does not find that the project
                    or separable element is no longer feasible.
                ``(2) Federal financial participation in the costs of a
            locally preferred plan.--In the case of improvements determined
            by the Secretary pursuant to paragraph (1)(A)(i) to deviate
            from the national economic development plan, the Secretary
            shall be responsible for all operation and maintenance costs of
            such improvements, as described in section 101(b), including
            costs in excess of the costs of the national economic
            development plan, if the Secretary determines that the
            improvements satisfy the requirements of paragraph (1).''.
        (c) Report.--A non-Federal interest may submit to the Secretary a
    report on improvements to a federally authorized harbor or inland
    harbor to be carried out by the non-Federal interest, containing any
    information necessary for the Secretary determine whether the
    improvements satisfy the requirements of section 204(f)(1) of the Water
    Resources Development Act of 1986 (33 U.S.C. 2232), including--
                (1) the economic justification for the improvements;
                (2) details of the project improvement plan and design;
                (3) proposed arrangements for the work to be performed; and
                (4) documents relating to any applicable permits required
            for the project improvements.
        (d) Project Studies Subject to Independent Peer Review.--The
    Secretary shall not be required to subject a project study for a
    project with a cost of less than $200,000,000, which the Secretary
    determines satisfies the requirements of section 204(f)(1) of the Water
    Resources Development Act of 1986 (33 U.S.C. 2232), to independent peer
    review under section 2034(a)(3)(A)(i) of the Water Resources
    Development Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)).

    SEC. 106. COAST GUARD ANCHORAGES.

        The Secretary may perform dredging at Federal expense within and
    adjacent to anchorages established by the Coast Guard pursuant to
    existing authorities.

    SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN OPERATION AND
                  MAINTENANCE COSTS.

        In carrying out eligible operations and maintenance activities
    within the Great Lakes Navigation System pursuant to section 210 of the
    Water Resources Development Act of 1986 (33 U.S.C. 2238) in a State
    that has implemented any additional State limitation on the disposal of
    dredged material in the open waters of such State, the Secretary may,
    pursuant to section 5 of the Act of June 22, 1936 (33 U.S.C. 701h),
    receive from such State, and expend, such funds as may be contributed
    by the State to cover the additional costs for operations and
    maintenance activities for a harbor or inland harbor within such State
    that result from such limitation.

    SEC. 108. GREAT LAKES CONFINED DISPOSAL FACILITIES.

        (a) Mitigation.--The Secretary may relocate access to the Port of
    Cleveland confined disposal facility, owned or operated by a non-
    Federal interest, in which material dredged by the Corps of Engineers
    is placed.
        (b) Cost-Share.--The cost to relocate access to the confined
    disposal facility described in subsection (a) shall be shared in
    accordance with the cost share applicable to operation and maintenance
    of the Federal navigation project from which material placed in the
    confined disposal facility is dredged.
        (c) Termination.--The authority provided under this section shall
    terminate on December 31, 2024.

    SEC. 109. INLAND WATERWAY PROJECTS.

        Notwithstanding section 102 of the Water Resources Development Act
    of 1986 (33 U.S.C. 2212), for a project for navigation on the inland
    waterways receiving a construction appropriation during any of fiscal
    years 2021 through 2031, 35 percent of the costs of construction of the
    project shall be paid from amounts appropriated from the Inland
    Waterways Trust Fund until such construction of the project is
    complete.

    SEC. 110. IMPLEMENTATION OF WATER RESOURCES PRINCIPLES AND
                  REQUIREMENTS.

        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall issue final agency-specific
    procedures necessary to implement the principles and requirements and
    the interagency guidelines.
        (b) Development of Future Water Resources Development Projects.--
    The procedures required by subsection (a) shall ensure that the
    Secretary, in the formulation of future water resources development
    projects--
                (1) develops such projects in accordance with--
                        (A) the guiding principles established by the
                    principles and requirements; and
                        (B) the national water resources planning policy
                    established by section 2031(a) of the Water Resources
                    Development Act of 2007 (42 U.S.C. 1962-3(a)); and
                (2) fully identifies and analyzes national economic
            development benefits, regional economic development benefits,
            environmental quality benefits, and other societal effects.
        (c) Review and Update.--Every 5 years, the Secretary shall review
    and, where appropriate, revise the procedures required by subsection
    (a).
        (d) Public Review, Notice, and Comment.--In issuing, reviewing, and
    revising the procedures required by this section, the Secretary shall--
                (1) provide notice to interested non-Federal stakeholders
            of the Secretary's intent to revise the procedures;
                (2) provide opportunities for interested non-Federal
            stakeholders to engage with, and provide input and
            recommendations to, the Secretary on the revision of the
            procedures; and
                (3) solicit and consider public and expert comments.
        (e) Definitions.--In this section:
                (1) Interagency guidelines.--The term ``interagency
            guidelines'' means the interagency guidelines contained in the
            document finalized by the Council on Environmental Quality
            pursuant to section 2031 of the Water Resources Development Act
            of 2007 (42 U.S.C. 1962-3) in December 2014, to implement the
            principles and requirements.
                (2) Principles and requirements.--The term ``principles and
            requirements'' means the principles and requirements contained
            in the document prepared by the Council on Environmental
            Quality pursuant to section 2031 of the Water Resources
            Development Act of 2007 (42 U.S.C. 1962-3), entitled
            ``Principles and Requirements for Federal Investments in Water
            Resources'', and dated March 2013.

    SEC. 111. RESILIENCY PLANNING ASSISTANCE.

        (a) In General.--Section 206(a) of the Flood Control Act of 1960
    (33 U.S.C. 709a(a)) is amended by inserting ``, to avoid repetitive
    flooding impacts, to anticipate, prepare, and adapt to changing
    climatic conditions and extreme weather events, and to withstand,
    respond to, and recover rapidly from disruption due to the flood
    hazards'' after ``in planning to ameliorate the flood hazard''.
        (b) Prioritizing Flood Risk Resiliency Technical Assistance.--In
    carrying out section 206 of the Flood Control Act of 1960 (33 U.S.C.
    709a), the Secretary shall prioritize the provision of technical
    assistance to support flood risk resiliency planning efforts of
    economically disadvantaged communities or communities subject to
    repetitive flooding.

    SEC. 112. PROJECT CONSULTATION.

        (a) Reports Required.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall submit the following
    reports:
                (1) The report required under section 1214 of the Water
            Resources Development Act of 2018 (132 Stat. 3809).
                (2) The report required under section 1120(a)(3) of the
            Water Resources Development Act of 2016 (130 Stat. 1643).
        (b) Environmental Justice Updates.--
                (1) In general.--In the formulation of water development
            resources projects, the Secretary shall comply with any
            existing Executive order regarding environmental justice in
            effect as of the date of enactment of this Act to address any
            disproportionate and adverse human health or environmental
            effects on minority communities, low-income communities, and
            Indian Tribes.
                (2) Update.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall review, and shall
            update, where appropriate, any policies, regulations, and
            guidance of the Corps of Engineers necessary to implement any
            Executive order described in paragraph (1) with respect to
            water resources development projects.
                (3) Requirements.--In updating the policies, regulations,
            or guidance under paragraph (2), the Secretary shall--
                        (A) provide notice to interested non-Federal
                    stakeholders, including representatives of minority
                    communities, low-income communities, and Indian Tribes;
                        (B) provide opportunities for interested
                    stakeholders to comment on potential updates of
                    policies, regulations, or guidance;
                        (C) consider the recommendations from the reports
                    submitted under subsection (a); and
                        (D) promote the meaningful involvement of minority
                    communities, low-income communities, and Indian Tribes.
        (c) Community Engagement.--In carrying out a water resources
    development project, the Secretary shall, to the extent practicable--
                (1) promote the meaningful involvement of minority
            communities, low-income communities, and Indian Tribes;
                (2) provide guidance and technical assistance to such
            communities or Tribes to increase understanding of the project
            development and implementation activities, regulations, and
            policies of the Corps of Engineers; and
                (3) cooperate with State, Tribal, and local governments
            with respect to activities carried out pursuant to this
            subsection.
        (d) Tribal Lands and Consultation.--In carrying out water resources
    development projects, the Secretary shall, to the extent practicable
    and in accordance with the Tribal Consultation Policy affirmed and
    formalized by the Secretary on November 1, 2012 (or a successor
    policy)--
                (1) promote meaningful involvement with Indian Tribes
            specifically on any Tribal lands near or adjacent to any water
            resources development projects, for purposes of identifying
            lands of ancestral, cultural, or religious importance;
                (2) consult with Indian Tribes specifically on any Tribal
            areas near or adjacent to any water resources development
            projects, for purposes of identifying lands, waters, and other
            resources critical to the livelihood of the Indian Tribes; and
                (3) cooperate with Indian Tribes to avoid, or otherwise
            find alternate solutions with respect to, such areas.

    SEC. 113. REVIEW OF RESILIENCY ASSESSMENTS.

        (a) Resiliency Assessment.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this section, and in conjunction with the
            development of procedures under section 110 of this Act, the
            Secretary is directed to review, and where appropriate, revise
            the existing planning guidance documents and regulations of the
            Corps of Engineers on the assessment of the effects of sea
            level rise or inland flooding on future water resources
            development projects to ensure that such guidance documents and
            regulations are based on the best available, peer-reviewed
            science and data on the current and future effects of sea level
            rise or inland flooding on relevant communities.
                (2) Coordination.--In carrying out this subsection, the
            Secretary shall--
                        (A) coordinate the review with the Engineer
                    Research and Development Center, other Federal and
                    State agencies, and other relevant entities; and
                        (B) to the maximum extent practicable and where
                    appropriate, utilize data provided to the Secretary by
                    such agencies.
        (b) Assessment of Benefits From Addressing Sea Level Rise and
    Inland Flooding Resiliency in Feasibility Reports.--
                (1) In general.--Upon the request of a non-Federal
            interest, in carrying out a feasibility study for a project for
            flood risk mitigation, hurricane and storm damage risk
            reduction, or ecosystem restoration under section 905 of the
            Water Resources Development Act of 1986 (33 U.S.C. 2282), the
            Secretary shall consider whether the need for the project is
            predicated upon or exacerbated by conditions related to sea
            level rise or inland flooding.
                (2) Addressing sea level rise and inland flooding
            resiliency benefits.--To the maximum extent practicable, in
            carrying out a study pursuant to paragraph (1), the Secretary
            shall document the potential effects of sea level rise or
            inland flooding on the project, and the expected benefits of
            the project relating to sea level rise or inland flooding,
            during the 50-year period after the date of completion of the
            project.

    SEC. 114. SMALL FLOOD CONTROL PROJECTS.

        Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
    amended by inserting ``, and projects that use natural features or
    nature-based features (as those terms are defined in section 1184(a) of
    the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))),''
    after ``nonstructural projects''.

    SEC. 115. FLOOD PROTECTION PROJECTS.

        (a) General Considerations.--Section 73(a) of the Water Resources
    Development Act of 1974 (33 U.S.C. 701b-11(a)) is amended by striking
    ``including'' and all that follows through the period at the end and
    inserting the following: ``, with a view toward formulating the most
    economically, socially, and environmentally acceptable means of
    reducing or preventing flood damage, including--
                ``(1) floodproofing of structures, including through
            elevation;
                ``(2) floodplain regulation;
                ``(3) acquisition of floodplain land for recreational, fish
            and wildlife, and other public purposes;
                ``(4) relocation; and
                ``(5) the use of a feature described in section 1184(a) of
            the Water Infrastructure Improvements for the Nation Act (33
            U.S.C. 2289a(a)).''.
        (b) Conforming Amendment.--Section 103(b) of the Water Resources
    Development Act of 1986 (33 U.S.C. 2213) is amended--
                (1) in the subsection heading, by striking ``Nonstructural
            Flood Control Projects'' and inserting ``Projects Using
            Nonstructural, Natural, or Nature-Based Features''; and
                (2) in paragraph (1)--
                        (A) by striking ``nonstructural flood control
                    measures'' and inserting ``a flood risk management or
                    hurricane and storm damage risk reduction measure using
                    a nonstructural feature, or a natural feature or
                    nature-based feature (as those terms are defined in
                    section 1184(a) of the Water Resources Development Act
                    of 2016 (33 U.S.C. 2289a(a))),''; and
                        (B) by striking ``cash during construction of the
                    project'' and inserting ``cash during construction for
                    a nonstructural feature if the costs of land,
                    easements, rights-of-way, dredged material disposal
                    areas, and relocations for such feature are estimated
                    to exceed 35 percent''.

    SEC. 116. FEASIBILITY STUDIES; REVIEW OF NATURAL AND NATURE-BASED
                  FEATURES.

        (a) Technical Correction.--Section 1149(c) of the Water Resources
    Development Act of 2018 (33 U.S.C. 2282 note; 132 Stat. 3787) is
    amended by striking ``natural infrastructure alternatives'' and
    inserting ``natural feature or nature-based feature alternatives (as
    such terms are defined in section 1184 of the Water Resources
    Development Act of 2016 (32 U.S.C. 2289a))''.
        (b) Summary of Analysis.--To the maximum extent practicable, the
    Secretary shall include in each feasibility report developed under
    section 905 of the Water Resources Development Act of 1986 (33 U.S.C.
    2282) for a project that contains a flood risk management or hurricane
    and storm damage risk reduction element, a summary of the natural
    feature or nature-based feature alternatives, along with their long-
    term costs and benefits, that were evaluated in the development of the
    feasibility report, and, if such alternatives were not included in the
    recommended plan, an explanation of why such alternatives were not
    included in the recommended plan.

    SEC. 117. FEDERAL INTEREST DETERMINATION.

        Section 905 of the Water Resources Development Act of 1986 (33
    U.S.C. 2282) is amended by inserting after subsection (a) the
    following:
        ``(b) Federal Interest Determination.--
                ``(1) In general.--
                        ``(A) Economically disadvantaged communities.--In
                    preparing a feasibility report under subsection (a) for
                    a study that will benefit an economically disadvantaged
                    community, upon request by the non-Federal interest for
                    the study, the Secretary shall first determine the
                    Federal interest in carrying out the study and the
                    projects that may be proposed in the study.
                        ``(B) Other communities.--
                                ``(i) Authorization.--In preparing a
                            feasibility report under subsection (a) for a
                            study that will benefit a covered community,
                            upon request by the non-Federal interest for
                            the study, the Secretary may, with respect to
                            not more than 3 studies in each fiscal year,
                            first determine the Federal interest in
                            carrying out the study and the projects that
                            may be proposed in the study.
                                ``(ii) Covered communities.--In this
                            subparagraph, the term `covered community'
                            means a community that--
                                        ``(I) is not an economically
                                    disadvantaged community; and
                                        ``(II) the Secretary finds has a
                                    compelling need for the Secretary to
                                    make a determination under clause (i).
                ``(2) Cost share.--The costs of a determination under
            paragraph (1)--
                        ``(A) shall be at Federal expense; and
                        ``(B) shall not exceed $200,000.
                ``(3) Deadline.--A determination under paragraph (1) shall
            be completed by not later than 120 days after the date on which
            funds are made available to the Secretary to carry out the
            determination.
                ``(4) Treatment.--
                        ``(A) Timing.--The period during which a
                    determination is being completed under paragraph (1)
                    for a study shall not be included for purposes of the
                    deadline to complete a final feasibility report under
                    section 1001(a)(1) of the Water Resources Reform and
                    Development Act of 2014 (33 U.S.C. 2282c(a)(1)).
                        ``(B) Cost.--The cost of a determination under
                    paragraph (1) shall not be included for purposes of the
                    maximum Federal cost under section 1001(a)(2) of the
                    Water Resources Reform and Development Act of 2014 (33
                    U.S.C. 2282c(a)(2)).
                ``(5) Report to non-federal interest.--If, based on a
            determination under paragraph (1), the Secretary determines
            that a study or project is not in the Federal interest because
            the project will not result, or is unlikely to result, in a
            recommended plan that will produce national economic
            development benefits greater than cost, but may result in a
            technically sound and environmentally acceptable plan that is
            otherwise consistent with section 904 of the Water Resources
            Development Act of 1986 (33 U.S.C. 2281), the Secretary shall
            issue a report to the non-Federal interest with recommendations
            on how the non-Federal interest might modify the proposal such
            that the project could be in the Federal interest and
            feasible.''.

    SEC. 118. PILOT PROGRAMS ON THE FORMULATION OF CORPS OF ENGINEERS
                  PROJECTS IN RURAL COMMUNITIES AND ECONOMICALLY
                  DISADVANTAGED COMMUNITIES.

        (a) In General.--The Secretary shall establish and implement pilot
    programs, in accordance with this section, to evaluate opportunities to
    address the flood risk management and hurricane and storm damage risk
    reduction needs of rural communities and economically disadvantaged
    communities.
        (b)  Economically Disadvantaged Community Flood Protection and
    Hurricane and Storm Damage Reduction Study Pilot Program.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Secretary shall establish and
            implement a pilot program to carry out feasibility studies, in
            accordance with this subsection, for flood risk management and
            hurricane and storm damage risk reduction projects for
            economically disadvantaged communities, in coordination with
            non-Federal interests.
                (2) Participation in pilot program.--In carrying out
            paragraph (1), the Secretary shall--
                        (A) publish a notice in the Federal Register that
                    requests from non-Federal interests proposals for the
                    potential feasibility study of a flood risk management
                    project or hurricane and storm damage risk reduction
                    project for an economically disadvantaged community;
                        (B) upon request of a non-Federal interest for such
                    a project, provide technical assistance to such non-
                    Federal interest in the formulation of a proposal for a
                    potential feasibility study to be submitted to the
                    Secretary under the pilot program; and
                        (C) review such proposals and select 10 feasibility
                    studies for such projects to be carried out by the
                    Secretary, in coordination with the non-Federal
                    interest, under this pilot program.
                (3) Selection criteria.--In selecting a feasibility study
            under paragraph (2)(C), the Secretary shall consider whether--
                        (A) the percentage of people living in poverty in
                    the county or counties (or county-equivalent entity or
                    entities) in which the project is located is greater
                    than the percentage of people living in poverty in the
                    State, based on census bureau data;
                        (B) the percentage of families with income above
                    the poverty threshold but below the average household
                    income in the county or counties (or county-equivalent
                    entity or entities) in which the project is located is
                    greater than such percentage for the State, based on
                    census bureau data;
                        (C) the percentage of the population that
                    identifies as belonging to a minority or indigenous
                    group in the county or counties (or county-equivalent
                    entity or entities) in which the project is located is
                    greater than the average such percentage in the State,
                    based on census bureau data; and
                        (D) the project is addressing flooding or hurricane
                    or storm damage effects that have a disproportionate
                    impact on a rural community, a minority community, or
                    an Indian Tribe.
                (4) Administration.--Notwithstanding the requirements of
            section 105(a)(1)(A) of the Water Resources Development Act of
            1986 (33 U.S.C. 2215), the Federal share of the cost of a
            feasibility study carried out under the pilot program shall be
            100 percent.
                (5) Study requirements.--Feasibility studies carried out
            under this subsection shall, to the maximum extent practicable,
            incorporate natural features or nature-based features (as such
            terms are defined in section 1184 of the Water Resources
            Development Act of 2016 (33 U.S.C. 2289a)), or a combination of
            such features and nonstructural features, that avoid or reduce
            at least 50 percent of flood or storm damages in one or more of
            the alternatives included in the final alternatives evaluated.
                (6) Notification.--The Secretary shall notify the Committee
            on Transportation and Infrastructure of the House of
            Representatives and the Committee on Environment and Public
            Works of the Senate of the selection of each feasibility study
            under the pilot program.
                (7) Completion.--Upon completion of a feasibility report
            for a feasibility study selected to be carried out under this
            subsection, the Secretary shall transmit the report to Congress
            for authorization, and shall include the report in the next
            annual report submitted under section 7001 of the Water
            Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
        (c) Pilot Program for the Recommendation of Flood Protection and
    Hurricane and Storm Damage Reduction Projects in Rural Communities and
    Economically Disadvantaged Communities.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Secretary shall establish and
            implement a pilot program to evaluate, and make recommendations
            to Congress on, flood risk management projects and hurricane
            and storm damage risk reduction projects in rural communities
            or economically disadvantaged communities, without
            demonstrating that each project is justified solely by national
            economic development benefits.
                (2) Considerations.--In carrying out this subsection, the
            Secretary may make a recommendation to Congress on up to 10
            projects, without demonstrating that the project is justified
            solely by national economic development benefits, if the
            Secretary determines that--
                        (A) the community to be served by the project is an
                    economically disadvantaged community or a rural
                    community;
                        (B) the long-term life safety, economic viability,
                    and environmental sustainability of the community would
                    be threatened without the project; and
                        (C) the project is consistent with the requirements
                    of section 1 of the Flood Control Act of 1936 (33
                    U.S.C. 701a).
                (3) Consistency.--In carrying out this subsection, the
            Secretary shall ensure that project recommendations are
            consistent with the principles and requirements and the
            interagency guidelines, as such terms are defined in section
            110 of this Act, including the consideration of quantifiable
            monetary and nonmonetary benefits of the project.
                (4) Prioritization.--The Secretary may give equivalent
            budgetary consideration and priority to projects recommended
            under this subsection.
        (d) Geographic Diversity.--In selecting feasibility studies under
    subsection (b)(2)(C) or in making project recommendations under
    subsection (c), the Secretary shall consider the geographic diversity
    among proposed projects.
        (e) Report.--Not later than 5 years and 10 years after the date of
    enactment of this Act, the Secretary shall submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Environment and Public Works of the Senate, and make
    publicly available, a report detailing the results of the pilot
    programs carried out under this section, including--
                (1) a description of proposals received from non-Federal
            interests pursuant to subsection (b)(2)(A);
                (2) a description of technical assistance provided to non-
            Federal interests under subsection (b)(2)(B);
                (3) a description of proposals selected under subsection
            (b)(2)(C) and criteria used to select such proposals;
                (4) a description of the projects evaluated or recommended
            by the Secretary under subsection (c);
                (5) a description of the quantifiable monetary and
            nonmonetary benefits associated with the projects recommended
            under subsection (c); and
                (6) any recommendations to Congress on how the Secretary
            can address the flood risk management and hurricane and storm
            damage risk reduction needs of economically disadvantaged
            communities.
        (f) State Defined.--In this section, the term ``State'' means each
    of the several States, the District of Columbia, and each of the
    commonwealths, territories, and possessions of the United States.
        (g) Sunset.--The authority to commence a feasibility study under
    subsection (b), and the authority make a recommendation under
    subsection (c), shall terminate on the date that is 10 years after the
    date of enactment of this Act.

    SEC. 119. PERMANENT MEASURES TO REDUCE EMERGENCY FLOOD FIGHTING NEEDS
                  FOR COMMUNITIES SUBJECT TO REPETITIVE FLOODING.

        (a) Definitions.--In this section:
                (1) Affected community.--The term ``affected community''
            means a legally constituted public body (as that term is used
            in section 221(b) of the Flood Control Act of 1970 (42 U.S.C.
            1962d-5b(b))--
                        (A) with jurisdiction over an area that has been
                    subject to flooding in two or more events in any 10-
                    year period; and
                        (B) that has received emergency flood-fighting
                    assistance, including construction of temporary
                    barriers by the Secretary, under section 5 of the Act
                    of August 18, 1941 (33 U.S.C. 701n) with respect to
                    such flood events.
                (2) Natural feature; nature-based feature.--The terms
            ``natural feature'' and ``nature-based feature'' have the
            meanings given those terms in section 1184 of the Water
            Resources Development Act of 2016 (33 U.S.C. 2289a).
        (b) Program.--
                (1) In general.--The Secretary is authorized to carry out a
            program to study, design, and construct water resources
            development projects through measures involving, among other
            things, strengthening, raising, extending, realigning, or
            otherwise modifying existing flood control works, designing new
            works, and incorporating natural features, nature-based
            features, or nonstructural features, as appropriate to provide
            flood and coastal storm risk management to affected
            communities.
                (2) Considerations.--In carrying out paragraph (1), the
            Secretary shall, to the maximum extent practical, review and,
            where appropriate, incorporate natural features or nature-based
            features, or a combination of such features and nonstructural
            features, that avoid or reduce at least 50 percent of flood or
            storm damages in one or more of the alternatives included in
            the final alternatives evaluated.
                (3) Construction.--
                        (A) In general.--The Secretary may carry out a
                    project described in paragraph (1) without further
                    congressional authorization if--
                                (i) the Secretary determines that the
                            project--
                                        (I) is advisable to reduce the risk
                                    of flooding for an affected community;
                                    and
                                        (II) produces benefits that are in
                                    excess of the estimated costs; and
                                (ii) the Federal share of the cost of the
                            construction does not exceed $17,500,000.
                        (B) Specific authorization.--If the Federal share
                    of the cost of a project described in paragraph (1)
                    exceeds $17,500,000, the Secretary shall submit the
                    project recommendation to Congress for authorization
                    prior to construction, and shall include the project
                    recommendation in the next annual report submitted
                    under section 7001 of the Water Resources Reform and
                    Development Act of 2014.
                        (C) Financing.--
                                (i) Contributions.--If, based on a study
                            carried out pursuant to paragraph (1), the
                            Secretary determines that a project described
                            in paragraph (1) will not produce benefits
                            greater than cost, the Secretary shall allow
                            the affected community to pay, or provide
                            contributions equal to, an amount sufficient to
                            make the remaining costs of design and
                            construction of the project equal to the
                            estimated value of the benefits of the project.
                                (ii) Effect on non-federal share.--Amounts
                            provided by an affected community under clause
                            (i) shall be in addition to any payments or
                            contributions the affected community is
                            required to provide toward the remaining costs
                            of design and construction of the project under
                            section 103 of the Water Resources Development
                            Act of 1986 (33 U.S.C. 2213).
                (4) Ability to pay.--
                        (A) In general.--Any cost-sharing agreement for a
                    project entered into pursuant to this section shall be
                    subject to the ability of the affected community to
                    pay.
                        (B) Determination.--The ability of any affected
                    community to pay shall be determined by the Secretary
                    in accordance with procedures established by the
                    Secretary.
                        (C) Effect of reduction.--Any reduction in the non-
                    Federal share of the cost of a project described in
                    paragraph (1) as a result of a determination under this
                    paragraph shall not be included in the Federal share
                    for purposes of subparagraphs (A) and (B) of paragraph
                    (3).

    SEC. 120. EMERGENCY RESPONSE TO NATURAL DISASTERS.

        Section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) is
    amended--
                (1) in subsection (a)--
                        (A) in paragraph (2)(B)--
                                (i) in clause (i)(I), by inserting ``, or
                            provide contributions equal to,'' after
                            ``pay''; and
                                (ii) in clause (ii)--
                                        (I) in the heading, by inserting
                                    ``and contributions'' after ``of
                                    payments'';
                                        (II) by inserting ``or
                                    contributions'' after ``Non-Federal
                                    payments''; and
                                        (III) by inserting ``or
                                    contributions'' after ``non-Federal
                                    payments''; and
                        (B) by adding at the end the following:
                ``(5) Feasibility study.--
                        ``(A) Determination.--Not later than 180 days after
                    receiving, from a non-Federal sponsor of a project to
                    repair or rehabilitate a flood control work described
                    in paragraph (1), a request to initiate a feasibility
                    study to further modify the relevant flood control work
                    to provide for an increased level of protection, the
                    Secretary shall provide to the non-Federal sponsor a
                    written decision on whether the Secretary has the
                    authority under section 216 of the Flood Control Act of
                    1970 (33 U.S.C. 549a) to undertake the requested
                    feasibility study.
                        ``(B) Recommendation.--If the Secretary determines
                    under subparagraph (B) that the Secretary does not have
                    the authority to undertake the requested feasibility
                    study, the Secretary shall include the request for a
                    feasibility study in the annual report submitted under
                    section 7001 of the Water Resources Reform and
                    Development Act of 2014.''; and
                (2) in subsection (c)--
                        (A) in the subsection heading, by striking ``Levee
                    Owners Manual'' and inserting ``Eligibility'';
                        (B) in paragraph (1), in the heading, by striking
                    ``In general'' and inserting ``Levee owner's manual'';
                        (C) by redesignating paragraphs (2) and (3) as
                    paragraphs (3) and (4), respectively, and inserting
                    after paragraph (1) the following:
                ``(2) Compliance.--
                        ``(A) In general.--Notwithstanding the status of
                    compliance of a non-Federal interest with the
                    requirements of a levee owner's manual described in
                    paragraph (1), or with any other eligibility
                    requirement established by the Secretary related to the
                    maintenance and upkeep responsibilities of the non-
                    Federal interest, the Secretary shall consider the non-
                    Federal interest to be eligible for repair and
                    rehabilitation assistance under this section if the
                    non-Federal interest--
                                ``(i) enters into a written agreement with
                            the Secretary that identifies any items of
                            deferred or inadequate maintenance and upkeep
                            identified by the Secretary prior to the
                            natural disaster; and
                                ``(ii) pays, during performance of the
                            repair and rehabilitation work, all costs to
                            address--
                                        ``(I) any items of deferred or
                                    inadequate maintenance and upkeep
                                    identified by the Secretary; and
                                        ``(II) any repair or rehabilitation
                                    work necessary to address damage the
                                    Secretary attributes to such deferred
                                    or inadequate maintenance or upkeep.
                        ``(B) Eligibility.--The Secretary may only enter
                    into one agreement under subparagraph (A) with any non-
                    Federal interest.
                        ``(C) Sunset.--The authority of the Secretary to
                    enter into agreements under paragraph (2) shall
                    terminate on the date that is 5 years after the date of
                    enactment of this paragraph.''; and
                        (D) in paragraph (3) (as so redesignated), by
                    striking ``this subsection'' and inserting ``paragraph
                    (1)''.

    SEC. 121. COST AND BENEFIT FEASIBILITY ASSESSMENT.

        Section 1161(b) of the Water Resources Development Act of 2018 (33
    U.S.C. 701n note) is amended--
                (1) in the matter preceding paragraph (1)--
                        (A) by striking the ``three fiscal years
                    preceding'' and inserting ``five fiscal years
                    preceding''; and
                        (B) by striking ``last day of the third fiscal
                    year'' and inserting ``last day of the fifth fiscal
                    year'';
                (2) in paragraph (1), by inserting ``, or provide
            contributions equal to,'' before ``an amount sufficient''; and
                (3) by striking paragraph (2) and inserting the following:
                ``(2) the Secretary determines that the damage to the
            structure was not as a result of negligent operation or
            maintenance.''.

    SEC. 122. EXPEDITING REPAIRS AND RECOVERY FROM FLOODING.

        (a) In General.--To the maximum extent practicable, during the 5-
    year period beginning on the date of enactment of this Act, the
    Secretary shall prioritize and expedite the processing of applications
    for permits under section 10 of the Act of March 3, 1899 (33 U.S.C.
    403), and section 404 of the Federal Water Pollution Control Act (33
    U.S.C. 1344), and permissions under section 14 of the Act of March 3,
    1899 (33 U.S.C. 408), to complete repairs, reconstruction (including
    improvements), and upgrades to flood control infrastructure damaged by
    flooding events during calendar years 2017 through 2020, including
    flooding events caused by ice jams.
        (b) Savings Provision.--Nothing in this section affects any
    obligation to comply with the requirements of any Federal law,
    including--
                (1) the National Environmental Policy Act of 1969 (42
            U.S.C. 4321 et seq.);
                (2) the Federal Water Pollution Control Act (33 U.S.C. 1251
            et seq.); and
                (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
            seq.).

    SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS.

        Section 6002 of the Water Resources Reform and Development Act of
    2014 (128 Stat. 1349) is amended to read as follows:

    ``SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.

        ``(a) Assessment.--The Secretary shall conduct an assessment of
    projects constructed by the Secretary for which the Secretary continues
    to have financial or operational responsibility.
        ``(b) Inventory.--Not later than 18 months after the date of
    enactment of the Water Resources Development Act of 2020, the Secretary
    shall, based on the assessment carried out under subsection (a),
    develop an inventory of projects or portions of projects--
                ``(1) that are not needed for the missions of the Corps of
            Engineers;
                ``(2) the modification of which, including though the use
            of structural features, nonstructural features, or natural
            features or nature-based features (as those terms are defined
            in section 1184(a) of the Water Resources Development Act of
            2016 (33 U.S.C. 2289a(a)), could improve the sustainable
            operations of the project, or reduce operation and maintenance
            costs for the project; or
                ``(3) that are no longer having project purposes adequately
            met by the Corps of Engineers, because of deferment of
            maintenance or other challenges, and the divestment of which to
            a non-Federal entity could better meet the local and regional
            needs for operation and maintenance.
        ``(c) Criteria.--In conducting the assessment under subsection (a)
    and developing the inventory under subsection (b), the Secretary shall
    use the following criteria:
                ``(1) The extent to which the project aligns with the
            current missions of the Corps of Engineers.
                ``(2) The economic and environmental impacts of the project
            on existing communities in the vicinity of the project.
                ``(3) The extent to which the divestment or modification of
            the project could reduce operation and maintenance costs of the
            Corps of Engineers.
                ``(4) The extent to which the divestment or modification of
            the project is in the public interest.
                ``(5) The extent to which investment of additional Federal
            resources in the project proposed for divestment or
            modification, including investment needed to bring the project
            to a good state of repair, is in the public interest.
                ``(6) The extent to which the authorized purpose of the
            project is no longer being met.
        ``(d) Recommendations of Non-Federal Interests.--A non-Federal
    interest for a project may recommend that the Secretary include such
    project in the assessment or inventory required under this section.
        ``(e) Report to Congress.--
                ``(1) In general.--Upon completion of the inventory
            required by subsection (b), the Secretary shall submit to the
            Committee on Environment and Public Works of the Senate and the
            Committee on Transportation and Infrastructure of the House of
            Representatives, and make publicly available, a report
            containing the findings of the Secretary with respect to the
            assessment and inventory required under this section.
                ``(2) Inclusion.--The Secretary shall list in an appendix
            any recommendation of a non-Federal interest made with respect
            to a project under subsection (d) that the Secretary determines
            not to include in the inventory developed under subsection (b),
            based on the criteria in subsection (c), including information
            about the request and the reasons for the Secretary's
            determination.''.

    SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE PROJECTS.

        It is the sense of Congress that the Secretary, in coordination
    with non-Federal interests, should maximize the development,
    evaluation, and recommendation of project alternatives for future water
    resources development projects that produce multiple project benefits,
    such as navigation, flood risk management, and ecosystem restoration
    benefits, including through the use of natural or nature-based features
    and the beneficial use of dredged material.

    SEC. 125. BENEFICIAL USE OF DREDGED MATERIAL; DREDGED MATERIAL
                  MANAGEMENT PLANS.

        (a) National Policy on the Beneficial Use of Dredged Material.--
                (1) In general.--It is the policy of the United States for
            the Corps of Engineers to maximize the beneficial use, in an
            environmentally acceptable manner, of suitable dredged material
            obtained from the construction or operation and maintenance of
            water resources development projects.
                (2) Placement of dredged materials.--
                        (A) In general.--In evaluating the placement of
                    dredged material obtained from the construction or
                    operation and maintenance of water resources
                    development projects, the Secretary shall consider--
                                (i) the suitability of the dredged material
                            for a full range of beneficial uses; and
                                (ii) the economic and environmental
                            benefits, efficiencies, and impacts (including
                            the effects on living coral) of using the
                            dredged material for beneficial uses,
                            including, in the case of beneficial use
                            activities that involve more than one water
                            resources development project, the benefits,
                            efficiencies, and impacts that result from the
                            combined activities.
                        (B) Calculation of federal standard.--
                                (i) Determination.--The economic benefits
                            and efficiencies from the beneficial use of
                            dredged material considered by the Secretary
                            under subparagraph (A) shall be included in any
                            determination relating to the ``Federal
                            standard'' by the Secretary under section 335.7
                            of title 33, Code of Federal Regulations, for
                            the placement or disposal of such material.
                                (ii) Reports.--The Secretary shall submit
                            to Congress--
                                        (I) a report detailing the method
                                    and all of the factors utilized by the
                                    Corps of Engineers to determine the
                                    Federal standard referred to in clause
                                    (i); and
                                        (II) for each evaluation under
                                    subparagraph (A), a report displaying
                                    the calculations for economic and
                                    environmental benefits and efficiencies
                                    from the beneficial use of dredged
                                    material (including, where appropriate,
                                    the utilization of alternative dredging
                                    equipment and dredging disposal
                                    methods) considered by the Secretary
                                    under such subparagraph for the
                                    placement or disposal of such material.
                        (C) Selection of dredged material disposal method
                    for certain purposes.--Section 204(d) of the Water
                    Resources Development Act of 1992 (33 U.S.C. 2326(d))
                    is amended--
                                (i) in paragraph (1)--
                                        (I) in the matter preceding
                                    subparagraph (A), by striking ``In
                                    developing'' and all that follows
                                    through ``the non-Federal interest,''
                                    and inserting ``At the request of the
                                    non-Federal interest for a water
                                    resources development project involving
                                    the disposal of dredged material, the
                                    Secretary, using funds appropriated for
                                    construction or operation and
                                    maintenance of the project, may
                                    select''; and
                                        (II) in subparagraph (B), by
                                    striking ``flood and storm damage and
                                    flood reduction benefits'' and
                                    inserting ``hurricane and storm or
                                    flood risk reduction benefits''; and
                                (ii) by adding at the end the following:
                ``(5) Selection of dredged material disposal method for
            certain purposes.--Activities carried out under this
            subsection--
                        ``(A) shall be carried out using amounts
                    appropriated for construction or operation and
                    maintenance of the project involving the disposal of
                    the dredged material; and
                        ``(B) shall not carried out using amounts made
                    available under subsection (g).''.
        (b) Beneficial Use of Dredged Material.--
                (1) Pilot program projects.--Section 1122 of the Water
            Resources Development Act of 2016 (33 U.S.C. 2326 note) is
            amended--
                        (A) in subsection (a)--
                                (i) in paragraph (6), by striking ``; and''
                            and inserting a semicolon;
                                (ii) in paragraph (7)(C), by striking the
                            period at the end and inserting ``; and''; and
                                (iii) by adding at the end the following:
                ``(8) recovering lost storage capacity in reservoirs due to
            sediment accumulation, if the project also has a purpose
            described in any of paragraphs (1) through (7).'';
                        (B) in subsection (b)(1), by striking ``20'' and
                    inserting ``35''; and
                        (C) in subsection (g), by striking ``20'' and
                    inserting ``35''.
                (2) Sense of congress.--It is the sense of Congress that
            the Secretary, in selecting projects for the beneficial use of
            dredged materials under section 1122 of the Water Resources
            Development Act of 2016 (33 U.S.C. 2326 note), should ensure
            the thorough evaluation of project submissions from rural,
            small, and economically disadvantaged communities.
                (3) Project selection.--In selecting projects for the
            beneficial use of dredged materials under section 1122 of the
            Water Resources Development Act of 2016 (33 U.S.C. 2326 note),
            the Secretary shall prioritize the selection of at least one
            project for the utilization of thin layer placement of dredged
            fine and coarse grain sediment and at least one project for
            recovering lost storage capacity in reservoirs due to sediment
            accumulation authorized by subsection (a)(8) of such section,
            to the extent that a non-Federal interest has submitted an
            application for such project purposes that otherwise meets the
            requirements of such section.
                (4) Temporary easements.--Section 1148 of the Water
            Resources Development Act of 2018 (33 U.S.C. 2326 note) is
            amended--
                        (A) in subsection (a)--
                                (i) by striking ``grant'' and inserting
                            ``approve''; and
                                (ii) by striking ``granting'' and inserting
                            ``approving''; and
                        (B) in subsection (b), by striking ``grants'' and
                    inserting ``approves''.
        (c) Five-Year Regional Dredged Material Management Plans.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, and annually thereafter, the District
            Commander of each district of the Corps of Engineers that
            obtains dredged material through the construction or operation
            and maintenance of a water resources development project shall,
            at Federal expense, develop and submit to the Secretary a 5-
            year dredged material management plan in coordination with
            relevant State agencies and stakeholders.
                (2) Scope.--Each plan developed under this subsection shall
            include--
                        (A) a dredged material budget for each watershed or
                    littoral system within the district;
                        (B) an estimate of the amount of dredged material
                    likely to be obtained through the construction or
                    operation and maintenance of all water resources
                    development projects projected to be carried out within
                    the district during the 5-year period following
                    submission of the plan, and the estimated timing for
                    obtaining such dredged material;
                        (C) an identification of potential water resources
                    development projects projected to be carried out within
                    the district during such 5-year period that are
                    suitable for, or that require, the placement of dredged
                    material, and an estimate of the amount of dredged
                    material placement capacity of such projects;
                        (D) an evaluation of--
                                (i) the suitability of the dredged material
                            for a full range of beneficial uses; and
                                (ii) the economic and environmental
                            benefits, efficiencies, and impacts (including
                            the effects on living coral) of using the
                            dredged material for beneficial uses,
                            including, in the case of beneficial use
                            activities that involve more than one water
                            resources development project, the benefits,
                            efficiencies, and impacts that result from the
                            combined activities;
                        (E) the district-wide goals for beneficial use of
                    the dredged material, including any expected cost
                    savings from aligning and coordinating multiple
                    projects (including projects across Corps districts) in
                    the use of the dredged material; and
                        (F) a description of potential beneficial use
                    projects identified through stakeholder solicitation
                    and coordination.
                (3) Public comment.--In developing each plan under this
            subsection, each District Commander shall provide notice and an
            opportunity for public comment, including a solicitation for
            stakeholders to identify beneficial use projects, in order to
            ensure, to the extent practicable, that beneficial use of
            dredged material is not foregone in a particular fiscal year or
            dredging cycle.
                (4) Public availability.--Upon submission of each plan to
            the Secretary under this subsection, each District Commander
            shall make the plan publicly available, including on a publicly
            available website.
                (5) Transmission to congress.--As soon as practicable after
            receiving a plan under subsection (a), the Secretary shall
            transmit the plan to Congress.
                (6) Regional sediment management plans.--A plan developed
            under this section--
                        (A) shall be in addition to regional sediment
                    management plans prepared under section 204(a) of the
                    Water Resources Development Act of 1992 (33 U.S.C.
                    2326(a)); and
                        (B) shall not be subject to the limitations in
                    section 204(g) of the Water Resources Development Act
                    of 1992 (33 U.S.C. 2326(g)).
        (d) Dredge Pilot Program.--
                (1) Revisions.--Section 1111 of the Water Resources
            Development Act of 2018 (33 U.S.C. 2326 note) is amended--
                        (A) in subsection (a), by striking ``for the
                    operation and maintenance of harbors and inland
                    harbors'' and all that follows through the period at
                    the end and inserting the following: ``for the
                    operation and maintenance of--
                ``(1) harbors and inland harbors referred to in section
            210(a)(2) of the Water Resources Development Act of 1986 (33
            U.S.C. 2238(a)(2)); or
                ``(2) inland and intracoastal waterways of the United
            States described in section 206 of the Inland Waterways Revenue
            Act of 1978 (33 U.S.C. 1804).''; and
                        (B) in subsection (b), by striking ``or inland
                    harbors'' and inserting ``, inland harbors, or inland
                    or intracoastal waterways''.
                (2) Coordination with existing authorities.--The Secretary
            may carry out the dredge pilot program authorized by section
            1111 of the Water Resources Development Act of 2018 (33 U.S.C.
            2326 note) in coordination with Federal regional dredge
            demonstration programs in effect on the date of enactment of
            this Act.

    SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANADROMOUS FISH.

        (a) Anadromous Fish Habitat and Passage.--Section 206 of the Water
    Resources Development Act of 1996 (33 U.S.C. 2330) is amended--
                (1) in subsection (a), by adding at the end the following:
                ``(3) Anadromous fish habitat and passage.--
                        ``(A) Measures.--A project under this section may
                    include measures to improve habitat or passage for
                    anadromous fish, including--
                                ``(i) installing fish bypass structures on
                            small water diversions;
                                ``(ii) modifying tide gates; and
                                ``(iii) restoring or reconnecting
                            floodplains and wetlands that are important for
                            anadromous fish habitat or passage.
                        ``(B) Benefits.--A project that includes measures
                    under this paragraph shall be formulated to maximize
                    benefits for the anadromous fish species benefitted by
                    the project.''; and
                (2) by adding at the end the following:
        ``(g) Prioritization.--The Secretary shall give projects that
    include measures described in subsection (a)(3) equal priority for
    implementation as other projects under this section.''.

    SEC. 127. ANNUAL REPORT TO CONGRESS ON WATER RESOURCES INFRASTRUCTURE.

        (a)  In General.--Section 7001 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282d) is amended--
                (1) in subsection (c)--
                        (A) in paragraph (1)--
                                (i) in subparagraph (B)(ii)(III), by
                            inserting ``, regional, or local'' after
                            ``national''; and
                                (ii) by adding at the end the following:
                        ``(D) Modifications of projects carried out
                    pursuant to continuing authority programs.--
                                ``(i) In general.--With respect to a
                            project being carried out pursuant to a
                            continuing authority program for which a
                            proposed modification is necessary because the
                            project is projected to exceed, in the coming
                            fiscal year, the maximum Federal cost of the
                            project, the Secretary shall include a proposed
                            modification in the annual report if the
                            proposed modification will result in completion
                            of construction the project and the
                            justification for the modification is not the
                            result of a change in the scope of the project.
                                ``(ii) Inclusion.--For each proposed
                            modification included in an annual report under
                            clause (i), the Secretary shall include in the
                            annual report--
                                        ``(I) a justification of why the
                                    modification is necessary;
                                        ``(II) an estimate of the total
                                    cost and timeline required to complete
                                    construction of the project; and
                                        ``(III) an indication of continued
                                    support by the non-Federal interest and
                                    the financial ability of the non-
                                    Federal interest to provide the
                                    required cost-share.
                                ``(iii) Definition.--For the purposes of
                            this subparagraph, the term `continuing
                            authority program' means any of--
                                        ``(I) section 14 of the Flood
                                    Control Act of 1946 (33 U.S.C. 701r);
                                        ``(II) section 3 of the Act of
                                    August 13, 1946 (33 U.S.C. 426g);
                                        ``(III) section 107 of the River
                                    and Harbor Act of 1960 (33 U.S.C. 577);
                                        ``(IV) section 111 of the River and
                                    Harbor Act of 1968 (33 U.S.C. 426i);
                                        ``(V) section 204 of the Water
                                    Resources Development Act of 1992 (33
                                    U.S.C. 2326);
                                        ``(VI) section 205 of the Flood
                                    Control Act of 1948 (33 U.S.C. 701s);
                                        ``(VII) section 206 of the Water
                                    Resources Development Act of 1996 (33
                                    U.S.C. 2330);
                                        ``(VIII) section 2 of the Act of
                                    August 28, 1937 (33 U.S.C. 701g); and
                                        ``(IX) section 1135 of the Water
                                    Resources Development Act of 1986 (33
                                    U.S.C. 2309a).''; and
                        (B) in paragraph (4)(B)--
                                (i) in clause (i), by striking ``and'' at
                            the end;
                                (ii) by redesignating clause (ii) as clause
                            (iii); and
                                (iii) by inserting after clause (i) the
                            following:
                                ``(ii) the Secretary shall not include
                            proposals in the appendix of the annual report
                            that otherwise meet the criteria for inclusion
                            in the annual report solely on the basis that
                            the proposals are for the purposes of
                            navigation, flood risk management, ecosystem
                            restoration, or municipal or agricultural water
                            supply; and''; and
                (2) in subsection (g)(5), by striking ``if authorized'' and
            all that follows through ``2016''.
        (b) Over-Budget Cap Programs.--For any project carried out under a
    continuing authority program, as such term is defined in section
    7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014
    (33 U.S.C. 2282d)), for which the Secretary is required to include a
    proposed modification in an annual report under such section
    7001(c)(1)(D), the Secretary shall, to the extent practicable, inform
    the non-Federal interest of the process for carrying out the project
    pursuant to section 105 of the Water Resources Development Act of 1986
    (33 U.S.C. 2215) and whether the Secretary has the authority to
    complete a feasibility study for the project.
        (c) Annual Report on Status of Feasibility Studies.--Concurrent
    with each report submitted under section 7001 of the Water Resources
    Reform and Development Act of 2014 (33 U.S.C. 2282d), the Secretary
    shall submit to the Committee on Transportation and Infrastructure of
    the House of Representatives and the Committee on Environment and
    Public Works of the Senate a report that provides for an accounting of
    all outstanding feasibility studies being conducted by the Secretary,
    including, for each such study, its length, cost, and expected
    completion date.

    SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.

        (a) In General.--The Secretary shall carry out a demonstration
    program to determine the causes of, and implement measures to
    effectively detect, prevent, treat, and eliminate, harmful algal blooms
    associated with water resources development projects.
        (b) Consultation; Use of Existing Data and Program Authorities.--In
    carrying out the demonstration program under subsection (a), the
    Secretary shall--
                (1) consult with the heads of appropriate Federal and State
            agencies; and
                (2) make maximum use of existing Federal and State data and
            ongoing programs and activities of Federal and State agencies,
            including the activities of the Secretary carried out through
            the Engineer Research and Development Center pursuant to
            section 1109 of the Water Resources Development Act of 2018 (33
            U.S.C. 610 note).
        (c) Focus Areas.--In carrying out the demonstration program under
    subsection (a), the Secretary shall undertake program activities
    related to harmful algal blooms in the Great Lakes, the tidal and
    inland waters of the State of New Jersey, the coastal and tidal waters
    of the State of Louisiana, the waterways of the counties that comprise
    the Sacramento-San Joaquin Delta, California, the Allegheny Reservoir
    Watershed, New York, and Lake Okeechobee, Florida.
        (d) Additional Focus Areas.--In addition to the areas described in
    subsection (c), in carrying out the demonstration program under
    subsection (a), the Secretary shall undertake program activities
    related to harmful algal blooms at any Federal reservoir located in the
    Upper Missouri River Basin or the North Platte River Basin, at the
    request and expense of another Federal agency.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary $25,000,000 to carry out this section.
    Such sums shall remain available until expended.

    SEC. 129. MISSOURI RIVER INTERCEPTION-REARING COMPLEX CONSTRUCTION.

        (a) Report.--Not later than 1 year after the date of enactment of
    this Act, and annually thereafter, the Secretary shall submit to 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 effects of any interception-rearing complex
    constructed on the Missouri River on--
                (1) flood risk management and navigation; and
                (2) the population recovery of the pallid sturgeon,
            including baseline population counts.
        (b) No Additional IRC Construction.--The Secretary may not
    authorize construction of an interception-rearing complex on the
    Missouri River until the Secretary--
                (1) submits the report required by subsection (a);
                (2) acting through the Engineer Research and Development
            Center, conducts further research on interception-rearing
            complex design, including any effects on existing flows, flood
            risk management, and navigation; and
                (3) develops a plan--
                        (A) to repair dikes and revetments that are
                    affecting flood risk and bank erosion; and
                        (B) to establish, repair, or improve water control
                    structures at the headworks of constructed shallow
                    water habitat side-channels.
        (c) Future IRC Construction.--
                (1) Public comment.--The Secretary shall provide an
            opportunity for comment from the public and the Governor of
            each affected State on any proposals to construct an
            interception-rearing complex after the date of enactment of
            this Act.
                (2) Period.--The public comment period required by
            paragraph (1) shall be not less than 90 days for each proposal
            to construct an interception-rearing complex on the Missouri
            River.

    SEC. 130. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR
                  REHABILITATION OF PROJECTS.

        (a) Definitions.--In this section:
                (1) Covered area.--The term ``covered area'' means an
            area--
                        (A) for which the Governor of a State has requested
                    a determination that an emergency exists; or
                        (B) covered by an emergency or major disaster
                    declaration declared under the Robert T. Stafford
                    Disaster Relief and Emergency Assistance Act (42 U.S.C.
                    5121 et seq.).
                (2) Emergency period.--The term ``emergency period''
            means--
                        (A) with respect to a covered area described in
                    paragraph (1)(A), the period during which the Secretary
                    determines an emergency exists; and
                        (B) with respect to a covered area described in
                    paragraph (1)(B), the period during which the
                    applicable declaration is in effect.
        (b) In General.--In any covered area, the Secretary is authorized
    to accept and use materials, services, and funds, during the emergency
    period, from a non-Federal interest or private entity to repair,
    restore, or rehabilitate a federally authorized water resources
    development project, and to provide reimbursement to such non-Federal
    interest or private entity for such materials, services, and funds, in
    the Secretary's sole discretion, and subject to the availability of
    appropriations, if the Secretary determines that reimbursement is in
    the public interest.
        (c) Additional Requirement.--The Secretary may only reimburse for
    the use of materials or services accepted under this section if such
    materials or services meet the Secretary's specifications and comply
    with all applicable laws and regulations that would apply if such
    materials and services were acquired by the Secretary, including
    sections 3141 through 3148 and 3701 through 3708 of title 40, United
    States Code, section 8302 of title 41, United States Code, and the
    National Environmental Policy Act of 1969.
        (d) Agreements.--
                (1) In general.--Prior to the acceptance of materials,
            services, or funds under this section, the Secretary and the
            non-Federal interest or private entity shall enter into an
            agreement that specifies--
                        (A) the non-Federal interest or private entity
                    shall hold and save the United States free from any and
                    all damages that arise from use of materials or
                    services of the non-Federal interest or private entity,
                    except for damages due to the fault or negligence of
                    the United States or its contractors;
                        (B) the non-Federal interest or private entity
                    shall certify that the materials or services comply
                    with all applicable laws and regulations under
                    subsection (c); and
                        (C) any other term or condition required by the
                    Secretary.
                (2) Exception.--If an agreement under paragraph (1) was not
            entered prior to materials or services being contributed, a
            non-Federal interest or private entity shall enter into an
            agreement with the Secretary that--
                        (A) specifies the value, as determined by the
                    Secretary, of those materials or services contributed
                    and eligible for reimbursement; and
                        (B) ensures that the materials or services comply
                    with subsection (c) and paragraph (1).

    SEC. 131. LEVEE SAFETY.

        Section 9004 of the Water Resources Development Act of 2007 (33
    U.S.C. 3303) is amended by adding at the end the following:
        ``(d) Identification of Deficiencies.--
                ``(1) In general.--For each levee included in an inventory
            established under subsection (b) or for which the Secretary has
            conducted a review under subsection (c), the Secretary shall--
                        ``(A) identify the specific engineering and
                    maintenance deficiencies, if any; and
                        ``(B) describe the recommended remedies to correct
                    each deficiency identified under subparagraph (A), and,
                    if requested by owner of a non-Federal levee, the
                    associated costs of those remedies.
                ``(2) Consultation.--In identifying deficiencies and
            describing remedies for a levee under paragraph (1), the
            Secretary shall consult with relevant non-Federal interests,
            including by providing an opportunity for comment by those non-
            Federal interests.''.

    SEC. 132. NATIONAL DAM SAFETY PROGRAM.

        (a) Definitions.--Section 2 of the National Dam Safety Program Act
    (33 U.S.C. 467) is amended--
                (1) in paragraph (4)--
                        (A) in subparagraph (A)--
                                (i) by striking clause (iii) and inserting
                            the following:
                                ``(iii) has an emergency action plan that--
                                        ``(I) is approved by the relevant
                                    State dam safety agency; or
                                        ``(II) is in conformance with State
                                    law and pending approval by the
                                    relevant State dam safety agency;'';
                                    and
                                (ii) by striking clause (iv) and inserting
                            the following:
                                ``(iv) fails to meet minimum dam safety
                            standards of the State in which the dam is
                            located, as determined by the State; and
                                ``(v) poses an unacceptable risk to the
                            public, as determined by the Administrator, in
                            consultation with the Board.''; and
                        (B) in subparagraph (B)(i), by inserting ``under a
                    hydropower project with an authorized installed
                    capacity of greater than 1.5 megawatts'' after ``dam'';
                    and
                (2) in paragraph (10)--
                        (A) in the heading, by striking ``Non-federal
                    sponsor'' and inserting ``Eligible subrecipient''; and
                        (B) by striking ``The term `non-Federal sponsor'''
                    and inserting ``The term `eligible subrecipient'''.
        (b) Rehabilitation of High Hazard Potential Dams.--
                (1) Establishment of program.--Section 8A(a) of the
            National Dam Safety Program Act (33 U.S.C. 467f-2(a)) is
            amended by striking ``to non-Federal sponsors'' and inserting
            ``to States with dam safety programs''.
                (2) Eligible activities.--Section 8A(b) of the National Dam
            Safety Program Act (33 U.S.C. 467f-2(b)) is amended, in the
            matter preceding paragraph (1), by striking ``for a project may
            be used for'' and inserting ``to a State may be used by the
            State to award grants to eligible subrecipients for''.
                (3) Award of grants.--Section 8A(c) of the National Dam
            Safety Program Act (33 U.S.C. 467f-2(c)) is amended--
                        (A) in paragraph (1)(A), by striking ``non-Federal
                    sponsor'' and inserting ``State''; and
                        (B) in paragraph (2)--
                                (i) in subparagraph (A), by striking ``an
                            eligible high hazard potential dam to a non-
                            Federal sponsor'' and inserting ``eligible high
                            hazard potential dams to a State'';
                                (ii) in subparagraph (B)--
                                        (I) in the subparagraph heading, by
                                    striking ``Project grant'' and
                                    inserting ``Grant'';
                                        (II) by striking ``project grant
                                    agreement with the non-Federal
                                    sponsor'' and inserting ``grant
                                    agreement with the State''; and
                                        (III) by striking ``project,'' and
                                    inserting ``projects for which the
                                    grant is awarded,'';
                                (iii) by amending subparagraph (C) to read
                            as follows:
                        ``(C) Grant assurance.--As part of a grant
                    agreement under subparagraph (B), the Administrator
                    shall require that each eligible subrecipient to which
                    the State awards a grant under this section provides an
                    assurance, with respect to the dam to be rehabilitated
                    by the eligible subrecipient, that the dam owner will
                    carry out a plan for maintenance of the dam during the
                    expected life of the dam.''; and
                                (iv) in subparagraph (D), by striking ``A
                            grant provided under this section shall not
                            exceed'' and inserting ``A State may not award
                            a grant to an eligible subrecipient under this
                            section that exceeds, for any 1 dam,''.
                (4) Requirements.--Section 8A(d) of the National Dam Safety
            Program Act (33 U.S.C. 467f-2(d)) is amended--
                        (A) in paragraph (1), by inserting ``to an eligible
                    subrecipient'' after ``this section'';
                        (B) in paragraph (2)--
                                (i) in the paragraph heading, by striking
                            ``Non-federal sponsor'' and inserting
                            ``Eligible subrecipient'';
                                (ii) in the matter preceding subparagraph
                            (A), by striking ``the non-Federal sponsor
                            shall'' and inserting ``an eligible
                            subrecipient shall, with respect to the dam to
                            be rehabilitated by the eligible
                            subrecipient'';
                                (iii) by amending subparagraph (A) to read
                            as follows:
                        ``(A) demonstrate that the community in which the
                    dam is located participates in, and complies with, all
                    applicable Federal flood insurance programs, including
                    demonstrating that such community is participating in
                    the National Flood Insurance Program, and is not on
                    probation, suspended, or withdrawn from such
                    Program;'';
                                (iv) in subparagraph (B), by striking
                            ``have'' and inserting ``beginning not later
                            than 2 years after the date on which the
                            Administrator publishes criteria for hazard
                            mitigation plans under paragraph (3),
                            demonstrate that the Tribal or local government
                            with jurisdiction over the area in which the
                            dam is located has''; and
                                (v) in subparagraph (C), by striking ``50-
                            year period'' and inserting ``expected life of
                            the dam''; and
                        (C) by adding at the end the following:
                ``(3) Hazard mitigation plan criteria.--Not later than 1
            year after the date of enactment of this paragraph, the
            Administrator, in consultation with the Board, shall publish
            criteria for hazard mitigation plans required under paragraph
            (2)(B).''.
                (5) Floodplain management plans.--Section 8A(e) of the
            National Dam Safety Program Act (33 U.S.C. 467f-2(e)) is
            amended--
                        (A) in paragraph (1)--
                                (i) in the matter preceding subparagraph
                            (A), by striking ``the non-Federal sponsor''
                            and inserting ``an eligible subrecipient''; and
                                (ii) in subparagraph (B), by striking ``1
                            year'' and inserting ``2 years'' each place it
                            appears; and
                        (B) by striking paragraph (3) and inserting the
                    following:
                ``(3) Plan criteria and technical support.--The
            Administrator, in consultation with the Board, shall provide
            criteria, and may provide technical support, for the
            development and implementation of floodplain management plans
            prepared under this subsection.''.
                (6) Contractual requirements.--Section 8A(i)(1) of the
            National Dam Safety Program Act (33 U.S.C. 467f-2(i)(1)) is
            amended by striking ``a non-Federal sponsor'' and inserting
            ``an eligible subrecipient''.

    SEC. 133. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED PUMP
                  STATIONS.

        (a) Definitions.--In this section:
                (1) Eligible pump station.--The term ``eligible pump
            station'' means a pump station--
                        (A) constructed, in whole or in part, by the Corps
                    of Engineers for flood risk management purposes;
                        (B) that the Secretary has identified as having a
                    major deficiency; and
                        (C) the failure of which the Secretary has
                    determined would impair the function of a flood risk
                    management project constructed by the Corps of
                    Engineers.
                (2) Rehabilitation.--
                        (A) In general.--The term ``rehabilitation'', with
                    respect to an eligible pump station, means to address a
                    major deficiency of the eligible pump station caused by
                    long-term degradation of the foundation, construction
                    materials, or engineering systems or components of the
                    eligible pump station.
                        (B) Inclusions.--The term ``rehabilitation'', with
                    respect to an eligible pump station, includes--
                                (i) the incorporation into the eligible
                            pump station of--
                                        (I) current design standards;
                                        (II) efficiency improvements; and
                                        (III) associated drainage; and
                                (ii) increasing the capacity of the
                            eligible pump station, subject to the condition
                            that the increase shall--
                                        (I) significantly decrease the risk
                                    of loss of life and property damage; or
                                        (II) decrease total lifecycle
                                    rehabilitation costs for the eligible
                                    pump station.
        (b) Authorization.--The Secretary may carry out rehabilitation of
    an eligible pump station, if the Secretary determines that the
    rehabilitation is feasible.
        (c) Cost Sharing.--The non-Federal interest for the eligible pump
    station shall--
                (1) provide 35 percent of the cost of rehabilitation of an
            eligible pump station carried out under this section; and
                (2) provide all land, easements, rights-of-way, and
            necessary relocations associated with the rehabilitation
            described in subparagraph (A), at no cost to the Federal
            Government.
        (d) Agreement Required.--The rehabilitation of an eligible pump
    station pursuant to this section shall be initiated only after a non-
    Federal interest has entered into a binding agreement with the
    Secretary--
                (1) to pay the non-Federal share of the costs of
            rehabilitation under subsection (c); and
                (2) to pay 100 percent of the operation and maintenance
            costs of the rehabilitated eligible pump station, in accordance
            with regulations promulgated by the Secretary.
        (e) Treatment.--The rehabilitation of an eligible pump station
    pursuant to this section shall not be considered to be a separable
    element of the associated flood risk management project constructed by
    the Corps of Engineers.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $60,000,000, to remain available
    until expended.

    SEC. 134. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.

        (a) Reauthorization; Implementation Guidance.--Section 1043(b) of
    the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201
    note) is amended--
                (1) in paragraph (7), by striking ``the date that is 5
            years after the date of enactment of this Act'' and inserting
            ``September 30, 2026'';
                (2) in paragraph (8), by striking ``2023'' and inserting
            ``2026''; and
                (3) by adding at the end the following:
                ``(9) Implementation guidance.--
                        ``(A) In general.--Not later than 120 days after
                    the date of enactment of this paragraph, the Secretary
                    shall issue guidance for the implementation of the
                    pilot program that, to the extent practicable,
                    identifies--
                                ``(i) the metrics for measuring the success
                            of the pilot program;
                                ``(ii) a process for identifying future
                            projects to participate in the pilot program;
                                ``(iii) measures to address the risks of a
                            non-Federal interest constructing projects
                            under the pilot program, including which entity
                            bears the risk for projects that fail to meet
                            the Corps of Engineers standards for design or
                            quality;
                                ``(iv) the laws and regulations that a non-
                            Federal interest must follow in carrying out a
                            project under the pilot program; and
                                ``(v) which entity bears the risk in the
                            event that a project carried out under the
                            pilot program fails to be carried out in
                            accordance with the project authorization or
                            this subsection.
                        ``(B) New project partnership agreements.--The
                    Secretary may not enter into a project partnership
                    agreement under this subsection during the period
                    beginning on the date of enactment of this paragraph
                    and ending on the date on which the Secretary issues
                    the guidance under subparagraph (A).''.
        (b) Non-Federal Project Implementation for Comprehensive Everglades
    Restoration Plan Projects.--
                (1) In general.--In carrying out the pilot program
            authorized under section 1043(b) of the Water Resources Reform
            and Development Act of 2014 (33 U.S.C. 2201 note), the
            Secretary is authorized to include a project authorized to be
            implemented by, or in accordance with, section 601 of the Water
            Resources Development Act of 2000, in accordance with such
            section 1043(b).
                (2) Eligibility.--In the case of a project described in
            paragraph (1) for which the non-Federal interest has initiated
            construction in compliance with authorities governing the
            provision of in-kind contributions for such project, the
            Secretary shall take into account the value of any in-kind
            contributions carried out by the non-Federal interest for such
            project prior to the date of execution of the project
            partnership agreement under section 1043(b) of the Water
            Resources Reform and Development Act of 2014 when determining
            the non-Federal share of the costs to complete construction of
            the project.
                (3) Guidance.--Not later than 180 days after the date of
            enactment of this subsection, and in accordance with the
            guidance issued under section 1043(b)(9) of the Water Resources
            Reform and Development Act of 2014 (as added by this section),
            the Secretary shall issue any additional guidance that the
            Secretary determines necessary for the implementation of this
            subsection.

    SEC. 135. COST SHARING PROVISIONS FOR TERRITORIES AND INDIAN TRIBES.

        Section 1156(b) of the Water Resources Development Act of 1986 (33
    U.S.C. 2310(b)) is amended by striking ``for inflation'' and all that
    follows through the period at the end and inserting ``on an annual
    basis for inflation.''.

    SEC. 136. REVIEW OF CONTRACTING POLICIES.

        (a) Review of Contractual Agreements.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this section, the Secretary shall complete a
            review of the policies, guidelines, and regulations of the
            Corps of Engineers for the development of contractual
            agreements between the Secretary and non-Federal interests and
            utilities associated with the construction of water resources
            development projects.
                (2) Report.--Not later than 90 days after completing the
            review under subsection (a)(1), the Secretary shall submit to
            the Committee on Transportation and Infrastructure of the House
            of Representatives and the Committee on Environment and Public
            Works of the Senate, and make publicly available, a report that
            includes--
                        (A) a summary of the results of the review; and
                        (B) public guidance on best practices for a non-
                    Federal interest to use when writing or developing
                    contractual agreements with the Secretary and
                    utilities.
                (3) Provision of guidance.--The Secretary shall provide the
            best practices guidance included under paragraph (2)(A) to non-
            Federal interests prior to the development of contractual
            agreements with such non-Federal interests.
        (b) Sense of Congress.--It is the sense of Congress that the
    Secretary should maximize use of nonprice tradeoff procedures in
    competitive acquisitions for carrying out emergency work in an area
    with respect to which the President has declared a major disaster under
    section 401 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act.

    SEC. 137. CRITERIA FOR FUNDING ENVIRONMENTAL INFRASTRUCTURE PROJECTS.

        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall develop specific criteria
    for the evaluation and ranking of individual environmental assistance
    projects authorized by Congress (including projects authorized pursuant
    to environmental assistance programs) for the Secretary to carry out.
        (b) Minimum Criteria.--For the purposes of carrying out this
    section, the Secretary shall evaluate, at a minimum--
                (1) the nature and extent of the positive and negative
            local economic impacts of the project, including--
                        (A) the benefits of the project to the local
                    economy;
                        (B) the extent to which the project will enhance
                    local development;
                        (C) the number of jobs that will be directly
                    created by the project; and
                        (D) the ability of the non-Federal interest to pay
                    the applicable non-Federal share of the cost of the
                    project;
                (2) the demographics of the location in which the project
            is to be carried out, including whether the project serves--
                        (A) a rural community; or
                        (B) an economically disadvantaged community,
                    including an economically disadvantaged minority
                    community;
                (3) the amount of appropriations a project has received;
                (4) the funding capability of the Corps of Engineers with
            respect to the project;
                (5) whether the project could be carried out under other
            Federal authorities at an equivalent cost to the non-Federal
            interest; and
                (6) any other criteria that the Secretary considers to be
            appropriate.
        (c) Inclusion in Guidance.--The Secretary shall include the
    criteria developed under subsection (a) in the annual Civil Works
    Direct Program Development Policy Guidance of the Secretary.
        (d) Report to Congress.--For fiscal year 2022, and biennially
    thereafter, in conjunction with the President's annual budget
    submission to Congress under section 1105(a) of title 31, United States
    Code, the Secretary shall submit to the Committee on Environment and
    Public Works and the Committee on Appropriations of the Senate and the
    Committee on Transportation and Infrastructure and the Committee on
    Appropriations of the House of Representatives a report that identifies
    the Secretary's ranking of individual environmental assistance projects
    authorized by Congress for the Secretary to carry out, in accordance
    with the criteria developed under this section.

    SEC. 138. AGING INFRASTRUCTURE.

        (a) Definitions.--In this section:
                (1) Aging infrastructure.--The term ``aging
            infrastructure'' means a water resources development project of
            the Corps of Engineers, or any other water resources, water
            storage, or irrigation project of another Federal agency, that
            is greater than 75 years old.
                (2) Enhanced inspection.--The term ``enhanced inspection''
            means an inspection that uses current or innovative technology,
            including Light Detection and Ranging (commonly known as
            ``LiDAR''), ground penetrating radar, subsurface imaging, or
            subsurface geophysical techniques, to detect whether the
            features of the aging infrastructure are structurally sound and
            can operate as intended, or are at risk of failure.
        (b) Contracts for Enhanced Inspection.--
                (1) In general.--The Secretary may carry out enhanced
            inspections of aging infrastructure, pursuant to a contract
            with the owner or operator of the aging infrastructure.
                (2) Certain circumstances.--Subject to the availability of
            appropriations, or funds available pursuant to subsection (d),
            the Secretary shall enter into a contract described in
            paragraph (1), if--
                        (A) the owner or operator of the aging
                    infrastructure requests that the Secretary carry out
                    the enhanced inspections; and
                        (B) the inspection is at the full expense of such
                    owner or operator.
        (c) Limitation.--The Secretary shall not require a non-Federal
    entity associated with a project under the jurisdiction of another
    Federal agency to carry out corrective or remedial actions in response
    to an enhanced inspection carried out under this section.
        (d) Funding.--The Secretary is authorized to accept funds from an
    owner or operator of aging infrastructure, and may use such funds to
    carry out an enhanced inspection pursuant to a contract entered into
    with such owner or operator under this section.

    SEC. 139. UNIFORMITY OF NOTIFICATION SYSTEMS.

        (a) Inventory.--Not later than 180 days after the date of enactment
    of this Act, the Secretary shall complete an inventory of all systems
    used by the Corps of Engineers for external communication and
    notification with respect to projects, initiatives, and facilities of
    the Corps of Engineers.
        (b) Uniform Plan.--
                (1) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall develop a plan for
            the uniformity of such communication and notification systems
            for projects, initiatives, and facilities of the Corps of
            Engineers.
                (2) Inclusions.--The plan developed under paragraph (1)
            shall--
                        (A) provide access to information in all forms
                    practicable, including through email, text messages,
                    news programs and websites, radio, and other forms of
                    notification;
                        (B) establish a notification system for any
                    projects, initiatives, or facilities of the Corps of
                    Engineers that do not have a notification system;
                        (C) streamline existing communication and
                    notification systems to improve the strength and
                    uniformity of those systems; and
                        (D) emphasize the necessity of timeliness in
                    notification systems and ensure that the methods of
                    notification can transmit information in a timely
                    manner.
                (3) Implementation.--
                        (A) In general.--Except as provided in subparagraph
                    (B), not later than 2 years after the date of enactment
                    of this Act, the Secretary shall complete the
                    implementation of the plan developed under paragraph
                    (1).
                        (B) Emergency management notification.--Not later
                    than 18 months after the date of enactment of this Act,
                    the Secretary shall implement the provisions of the
                    plan developed under paragraph (1) relating to
                    emergency management notifications.
                (4) Savings provision.--Nothing in this section authorizes
            the elimination of any existing communication or notification
            system used by the Corps of Engineers.

    SEC. 140. COASTAL STORM DAMAGE REDUCTION CONTRACTS.

        For any project for coastal storm damage reduction, the Secretary
    may seek input from a non-Federal interest for a project that may be
    affected by the timing of the coastal storm damage reduction activities
    under the project, in order to minimize, to the maximum extent
    practicable, any negative effects resulting from the timing of those
    activities.

    SEC. 141. DAM REMEDIATION FOR ECOSYSTEM RESTORATION.

        Section 542(b)(2) of the Water Resources Development Act of 2000
    (114 Stat. 2671; 121 Stat. 1150) is amended--
                (1) in subparagraph (F), by striking ``or'' at the end;
                (2) by redesignating subparagraph (G) as subparagraph (H);
            and
                (3) by inserting after subparagraph (F) the following:
                        ``(G) measures to restore, protect, and preserve an
                    ecosystem affected by a dam (including by the
                    rehabilitation or modification of a dam)--
                                ``(i) that has been constructed, in whole
                            or in part, by the Corps of Engineers for flood
                            control purposes;
                                ``(ii) for which construction was completed
                            before 1940;
                                ``(iii) that is classified as `high hazard
                            potential' by the State dam safety agency of
                            the State in which the dam is located; and
                                ``(iv) that is operated by a non-Federal
                            entity; or''.

    SEC. 142. LEVEE ACCREDITATION PROCESS; LEVEE CERTIFICATIONS.

        (a) Sense of Congress.--It is the sense of Congress that the
    process developed by the Flood Protection Structure Accreditation Task
    Force established under section 100226 of the Moving Ahead for Progress
    in the 21st Century Act (42 U.S.C. 4101 note) should not be limited to
    levee systems in the inspection of completed works program of the Corps
    of Engineers, but should apply equally to federally owned levee systems
    operated by the Secretary, including federally owned levee systems
    operated by the Secretary as part of a reservoir project.
        (b) Levee Certifications.--Section 3014 of the Water Resources
    Reform and Development Act of 2014 (42 U.S.C. 4131) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                                (i) by striking ``under the inspection of
                            completed works program'' and inserting ``for
                            levee systems under the levee safety and dam
                            safety programs''; and
                                (ii) by striking ``and'' at the end;
                        (B) in paragraph (2)--
                                (i) by striking ``activities under the
                            inspection of completed works program of the
                            Corps of Engineers'' and inserting ``the
                            activities referred to in paragraph (1)'';
                                (ii) by striking ``chapter 1'' and
                            inserting ``chapter I''; and
                                (iii) by striking the period at the end and
                            inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(3) in the case of a levee system that is operated and
            maintained by the Corps of Engineers, to the maximum extent
            practicable, cooperate with local governments seeking a levee
            accreditation decision for the levee to provide information
            necessary to support the accreditation decision in a timely
            manner.''; and
                (2) in paragraph (b)(3), by adding at the end the
            following:
                        ``(C) Contributed funds.--Notwithstanding
                    subparagraph (B), a non-Federal interest may fund up to
                    100 percent of the cost of any activity carried out
                    under this subsection.''.

    SEC. 143. PROJECT PARTNERSHIP AGREEMENT.

        Section 103(j)(1) of the Water Resources Development Act of 1986
    (33 U.S.C. 2213(j)(1)) is amended--
                (1) by striking ``Any project'' and inserting the
            following:
                        ``(A) In general.--Any project''; and
                (2) by adding at the end the following:
                        ``(B) Inclusion.--An agreement under subparagraph
                    (A) shall include a brief description and estimation of
                    the anticipated operations, maintenance, and
                    replacement and rehabilitation costs of the non-Federal
                    interest for the project.''.

    SEC. 144. ACCEPTANCE OF FUNDS FOR HARBOR DREDGING.

        The Secretary is authorized, in accordance with section 5 of Act of
    June 22, 1936 (33 U.S.C. 701h), to accept and expend funds contributed
    by a State or other non-Federal interest--
                (1) to dredge a non-Federal harbor or channel, or a marina
            or berthing area located adjacent to, or accessible by, such
            harbor or channel; or
                (2) to provide technical assistance related to the planning
            and design of dredging activities described in paragraph (1).

    SEC. 145. REPLACEMENT CAPACITY.

        Section 217(a) of the Water Resources Development Act of 1996 (33
    U.S.C. 2326a(a)) is amended--
                (1) in the subsection heading, by inserting ``or
            Replacement Capacity'' after ``Additional Capacity'';
                (2) by striking paragraph (1) and inserting the following:
                ``(1) Provided by secretary.--
                        ``(A) In general.--Subject to subparagraph (B), at
                    the request of a non-Federal interest with respect to a
                    project, the Secretary may--
                                ``(i) provide additional capacity at a
                            dredged material disposal facility constructed
                            by the Secretary beyond the capacity that would
                            be required for project purposes; or
                                ``(ii) permit the use of dredged material
                            disposal facility capacity required for project
                            purposes by the non-Federal interest if the
                            Secretary determines that replacement capacity
                            can be constructed at the facility or another
                            facility or site before such capacity is needed
                            for project purposes.
                        ``(B) Agreement.--Before the Secretary takes an
                    action under subparagraph (A), the non-Federal interest
                    shall agree to pay--
                                ``(i) all costs associated with the
                            construction of the additional capacity or
                            replacement capacity in advance of construction
                            of such capacity; and
                                ``(ii) in the case of use by a non-Federal
                            interest of dredged material disposal capacity
                            required for project purposes under
                            subparagraph (A)(ii), any increase in the cost
                            of operation and maintenance of the project
                            that the Secretary determines results from the
                            use of the project capacity by the non-Federal
                            interest in advance of each cycle of dredging.
                        ``(C) Credit.--In the event the Secretary
                    determines that the cost to operate or maintain the
                    project decreases as a result of use by the non-Federal
                    interest of dredged material disposal capacity required
                    for project purposes under subparagraph (A)(ii), the
                    Secretary, at the request of the non-Federal interest,
                    shall credit the amount of the decrease toward any cash
                    contribution of the non-Federal interest required
                    thereafter for construction, operation, or maintenance
                    of the project, or of another navigation project.'';
                (3) in paragraph (2), in the first sentence, by inserting
            ``under paragraph (1)(A)(i)'' after ``additional capacity'';
            and
                (4) by adding at the end the following:
                ``(3) Special rule for designation of replacement capacity
            facility or site.--
                        ``(A) In general.--Subject to such terms and
                    conditions as the Secretary determines to be necessary
                    or advisable, an agreement under paragraph (1)(B) for
                    use permitted under paragraph (1)(A)(ii) shall reserve
                    to the non-Federal interest--
                                ``(i) the right to submit to the Secretary
                            for approval at a later date an alternative to
                            the facility or site designated in the
                            agreement for construction of replacement
                            capacity; and
                                ``(ii) the right to construct the
                            replacement capacity at the alternative
                            facility or site at the expense of the non-
                            Federal interest.
                        ``(B) Requirement.--The Secretary shall not reject
                    a site for the construction of replacement capacity
                    under paragraph (1)(A)(ii) that is submitted by the
                    non-Federal interest for approval by the Secretary
                    before the date of execution of the agreement under
                    paragraph (1)(B), or thereafter, unless the Secretary--
                                ``(i) determines that the site is
                            environmentally unacceptable, geographically
                            unacceptable, or technically unsound; and
                                ``(ii) provides a written basis for the
                            determination under clause (i) to the non-
                            Federal interest.
                ``(4) Public comment.--The Secretary shall afford the
            public an opportunity to comment on the determinations required
            under this subsection for a use permitted under paragraph
            (1)(A)(ii).''.

    SEC. 146. REVIEWING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.

        Section 1008 of the Water Resources Reform and Development Act of
    2014 (33 U.S.C. 2321b) is amended--
                (1) by striking ``civil works'' each place it appears and
            inserting ``water resources development''; and
                (2) by adding at the end the following:
        ``(c) Reviewing Hydropower at Corps of Engineers Facilities.--
                ``(1) Definition of eligible non-federal interest.--In this
            subsection, the term `eligible non-Federal interest' means a
            non-Federal interest that owns or operates an existing non-
            Federal hydropower facility at a Corps of Engineers water
            resources development project.
                ``(2) Evaluation.--
                        ``(A) In general.--On the written request of an
                    eligible non-Federal interest, the Secretary shall
                    conduct an evaluation to consider operational changes
                    at the applicable project to facilitate production of
                    non-Federal hydropower, consistent with authorized
                    project purposes. The Secretary shall solicit input
                    from interested stakeholders as part of the evaluation.
                        ``(B) Deadline.--Not later than 180 days after the
                    date on which the Secretary receives a written request
                    under subparagraph (A), the Secretary shall provide to
                    the non-Federal interest a written response to inform
                    the non-Federal interest--
                                ``(i) that the Secretary has approved the
                            request to conduct an evaluation; or
                                ``(ii) of any additional information
                            necessary for the Secretary to approve the
                            request to conduct an evaluation.
                ``(3) Operational changes.--An operational change referred
            to in paragraph (2)(A) may include--
                        ``(A) changes to seasonal pool levels;
                        ``(B) modifying releases from the project; and
                        ``(C) other changes included in the written request
                    submitted under that paragraph that enhance the usage
                    of the project to facilitate production of non-Federal
                    hydropower, consistent with authorized project
                    purposes.
                ``(4) Cost share.--The eligible non-Federal interest shall
            pay 100 percent of the costs associated with an evaluation
            under this subsection, including the costs to prepare the
            report under paragraph (6).
                ``(5) Deadline.--The Secretary shall complete an evaluation
            under this subsection by the date that is not later than 1 year
            after the date on which the Secretary begins the evaluation.
                ``(6) Report.--On completion of an evaluation under this
            subsection, the Secretary shall submit to the Committee on
            Environment and Public Works of the Senate and the Committee on
            Transportation and Infrastructure of the House of
            Representatives a report on the effects of the operational
            changes proposed by the non-Federal interest and examined in
            the evaluation on the authorized purposes of the project,
            including a description of any negative impacts of the proposed
            operational changes on the authorized purposes of the project,
            or on any Federal project located in the same basin.
                ``(7) Savings provision.--Nothing in this subsection--
                        ``(A) affects the authorized purposes of a Corps of
                    Engineers water resources development project;
                        ``(B) affects existing authorities of the Corps of
                    Engineers, including authorities with respect to
                    navigation, flood damage reduction, environmental
                    protection and restoration, water supply and
                    conservation, and other related purposes; or
                        ``(C) authorizes the Secretary to make any
                    operational changes to a Corps of Engineers water
                    resources development project.''.

    SEC. 147. REPAIR AND RESTORATION OF EMBANKMENTS.

        (a) In General.--At the request of a non-Federal interest, the
    Secretary shall assess the cause of damage to, or the failure of, an
    embankment that is adjacent to the shoreline of a reservoir project
    owned and operated by the Secretary for which such damage or failure to
    the embankment has adversely affected a roadway that the Secretary has
    relocated for construction of the reservoir.
        (b) Repair and Restoration Activities.--If, based on the assessment
    carried out under subsection (a), the Secretary determines that the
    cause of the damage to, or the failure of, the embankment is the direct
    result of the design or operation of the reservoir by the Secretary,
    the Secretary is authorized to participate in the repair or restoration
    of such embankment.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary $10,000,000 to carry out this section.

    SEC. 148. COASTAL MAPPING.

        Section 516 of the Water Resources Development Act of 1996 (33
    U.S.C. 2326b) is amended--
                (1) by redesignating subsection (g) as subsection (h);
                (2) by inserting after subsection (f) the following:
        ``(g) Coastal Mapping.--The Secretary shall develop and carry out a
    plan for the recurring mapping of coastlines that are experiencing
    rapid change, including such coastlines in--
                ``(1) Alaska;
                ``(2) Hawaii; and
                ``(3) any territory or possession of the United States.'';
            and
                (3) in subsection (h) (as so redesignated), by adding at
            the end the following:
                ``(3) Coastal mapping.--In addition to amounts made
            available under paragraph (1), there is authorized to be
            appropriated to carry out subsection (g) with respect to
            Alaska, Hawaii, and the territories and possessions of the
            United States, $10,000,000, to remain available until
            expended.''.

    SEC. 149. INTERIM RISK REDUCTION MEASURES.

        (a) In General.--In the case of any interim risk reduction measure
    for dam safety purposes that was evaluated in a final environmental
    assessment completed during the period beginning on March 18, 2019, and
    ending on the date of enactment of this Act, the Secretary shall carry
    out a reevaluation of the measure in a timely manner if the final
    environmental assessment did not consider in detail at least--
                (1) 1 operational water control plan change alternative;
                (2) 1 action alternative other than an operational water
            control plan change; and
                (3) the no action alternative.
        (b) Coordination.--A reevaluation carried out under subsection (a)
    shall include consideration of the alternatives described in such
    subsection, which shall be developed in coordination with Federal
    agencies, States, Indian Tribes, units of local government, and other
    non-Federal interests that have existing water obligations that would
    be directly affected by implementation of an interim risk reduction
    measure that is the subject of the reevaluation.
        (c) Implementation Prior to Reevaluation.--Nothing in this section
    prohibits the Secretary from implementing an interim risk reduction
    measure for which a reevaluation is required under subsection (a) prior
    to the completion of the reevaluation under subsection (a).

    SEC. 150. MAINTENANCE DREDGING PERMITS.

        (a) In General.--The Secretary shall, to the maximum extent
    practicable, prioritize the reissuance of any regional general permit
    for maintenance dredging that expires prior to May 1, 2021, and shall
    use best efforts to ensure such reissuance prior to expiration of such
    a regional general permit for maintenance dredging.
        (b) Savings Provision.--Nothing in this section affects any
    obligation to comply with the requirements of any Federal law,
    including--
                (1) the National Environmental Policy Act of 1969 (42
            U.S.C. 4321 et seq.);
                (2) the Federal Water Pollution Control Act (33 U.S.C. 1251
            et seq.); and
                (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
            seq.).

    SEC. 151. HIGH WATER-LOW WATER PREPAREDNESS.

        (a) Definitions.--In this section:
                (1) Bypass.--The term ``bypass'' means an alternate water
            route adjacent to a lock and dam on a Federal inland waterway
            system that can be used for commercial navigation during high
            water conditions.
                (2) Emergency condition.--The term ``emergency condition''
            means--
                        (A) unsafe conditions on a Federal inland waterway
                    system that prevent the operation of commercial
                    vessels, resulting from a major change in water level
                    or flows;
                        (B) an obstruction in a Federal inland waterway
                    system, including silt, sediment, rock formation, or a
                    shallow channel;
                        (C) an impaired or inoperable Federal lock and dam;
                    or
                        (D) any other condition determined appropriate by
                    the Secretary.
        (b) Emergency Determination.--The Secretary, in consultation with
    the District Commanders responsible for maintaining any Federal inland
    waterway system, the users of the waterway system, and the Coast Guard,
    may make a determination that an emergency condition exists on the
    waterway system.
        (c) Emergency Mitigation Project.--
                (1) In general.--Subject to paragraph (2) and the
            availability of appropriations, and in accordance with all
            applicable Federal requirements, the Secretary may carry out an
            emergency mitigation project on a Federal inland waterway
            system with respect to which the Secretary has determined that
            an emergency condition exists under subsection (b), or on a
            bypass of such system, to remedy that emergency condition.
                (2) Deadline.--An emergency mitigation project under
            paragraph (1) shall--
                        (A) be initiated by not later than 60 days after
                    the date on which the Secretary makes the applicable
                    determination under subsection (b); and
                        (B) to the maximum extent practicable, be completed
                    by not later than 1 year after the date on which the
                    Secretary makes such determination.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $25,000,000 for
    each of fiscal years 2022 through 2024, to remain available until
    expended.

    SEC. 152. TREATMENT OF CERTAIN BENEFITS AND COSTS.

        (a) In General.--In the case of a flood risk management project
    that incidentally generates seismic safety benefits in regions of
    moderate or high seismic hazard, for the purpose of a benefit-cost
    analysis for the project, the Secretary shall not include in that
    analysis any additional design and construction costs resulting from
    addressing seismic concerns.
        (b) Savings Provision.--Except with respect to the benefit-cost
    analysis, the additional costs referred to in subsection (a) shall be--
                (1) included in the total project cost; and
                (2) subject to cost-share requirements otherwise applicable
            to the project.

    SEC. 153. LEASE DEVIATIONS.

        (a) Definition of Covered Lease Deviation.--In this section, the
    term ``covered lease deviation'' means a change in terms from the
    existing lease that requires approval from the Secretary for a lease--
                (1) of Federal land within the State of Oklahoma that is
            associated with a water resources development project, under--
                        (A) section 2667 of title 10, United States Code;
                    or
                        (B) section 4 of the Act of December 22, 1944 (16
                    U.S.C. 460d); and
                (2) with respect to which the lessee is in good standing.
        (b) Deadline.--In the case of a request for a covered lease
    deviation--
                (1) the Division Commander of the Southwestern Division
            shall--
                        (A) notify the Secretary of the request via
                    electronic means by not later than 24 hours after
                    receiving the request; and
                        (B) by not later than 10 business days after the
                    date on which the Division Commander notifies the
                    Secretary under subparagraph (A)--
                                (i) make a determination approving,
                            denying, or requesting a modification to the
                            request; and
                                (ii) provide to the Secretary the
                            determination under clause (i); and
                (2) the Secretary shall make a determination approving,
            denying, or requesting a modification to the request by not
            later than 10 business days after--
                        (A) the date on which the Division Commander
                    provides to the Secretary a determination in accordance
                    with paragraph (1)(B); or
                        (B) if the Division Commander does not provide to
                    the Secretary a determination in accordance with
                    paragraph (1)(B), the date on which the deadline
                    described in such paragraph expires.
        (c) Notification.--If the Secretary does not make a determination
    under subsection (b)(2) by the deadline described in that subsection,
    the Secretary shall submit a notification of the failure to make a
    determination with respect to the covered lease deviation, including
    the reason for the failure and a description of any outstanding issues,
    to--
                (1) the entity seeking the covered lease deviation;
                (2) the members of the Oklahoma congressional delegation;
                (3) the Committee on Environment and Public Works of the
            Senate; and
                (4) the Committee on Transportation and Infrastructure of
            the House of Representatives.

    SEC. 154. SENSE OF CONGRESS ON ARCTIC DEEP DRAFT PORT DEVELOPMENT.

        It is the sense of Congress that--
                (1) the Arctic, as defined in section 112 of the Arctic
            Research and Policy Act of 1984 (Public Law 98-373), is a
            region of strategic importance to the national security and
            maritime transportation interests of the United States;
                (2) there is a compelling national, regional, Alaska
            Native, and private sector need for permanent maritime
            transportation infrastructure development and for a presence in
            the Arctic by the United States to assert national security
            interests and to support and facilitate search and rescue,
            shipping safety, economic development, oil spill prevention and
            response, subsistence and commercial fishing, the establishment
            of ports of refuge, Arctic research, and maritime law
            enforcement;
                (3) the Government of the Russian Federation has
            prioritized the development of Arctic maritime transportation
            capabilities and has made significant investments in military
            infrastructure in the Arctic, including the construction or
            refurbishment of 16 deepwater ports in the region;
                (4) is a serious concern that the closest United States
            strategic seaports to the Arctic are the Port of Anchorage and
            the Port of Tacoma, located approximately 1,500 nautical miles
            and 2,400 nautical miles away from the Arctic, respectively,
            and approximately 1,900 nautical miles and 2,800 nautical
            miles, respectively, from Utiagvik, Alaska; and
                (5) it is in the national interest to enhance existing, and
            develop, maritime transportation infrastructure in the Arctic,
            including an Arctic deep draft strategic seaport in Alaska,
            that would allow the Coast Guard and the Navy each to perform
            their respective statutory duties and functions on a permanent
            basis with minimal mission interruption.

    SEC. 155. SMALL WATER STORAGE PROJECTS.

        (a) In General.--The Secretary shall carry out a program to study
    and construct new, or enlarge existing, small water storage projects,
    in partnership with a non-Federal interest.
        (b) Requirements.--To be eligible to participate in the program
    under this section, a small water storage project shall--
                (1) in the case of a new small water storage project, have
            a water storage capacity of not less than 2,000 acre-feet and
            not more than 30,000 acre-feet;
                (2) in the case of an enlargement of an existing small
            water storage project, be for an enlargement of not less than
            1,000 acre-feet and not more than 30,000 acre-feet;
                (3) provide--
                        (A) flood risk management benefits;
                        (B) ecological benefits; or
                        (C) water management, water conservation, or water
                    supply; and
                (4) be--
                        (A) economically justified, environmentally
                    acceptable, and technically feasible; or
                        (B) in the case of a project providing ecological
                    benefits, cost-effective with respect to such benefits.
        (c) Scope.--In carrying out the program under this section, the
    Secretary shall give preference to a small water storage project
    located in a State with a population of less than 1,000,000.
        (d) Expedited Projects.--For the 10-year period beginning on the
    date of enactment of this Act, the Secretary shall expedite small water
    storage projects under this section for which applicable Federal
    permitting requirements have been completed.
        (e) Use of Data.--In conducting a study under this section, to the
    maximum extent practicable, the Secretary shall--
                (1) as the Secretary determines appropriate, consider and
            utilize any applicable hydrologic, economic, or environmental
            data that is prepared for a small water storage project under
            State law as the documentation, or part of the documentation,
            required to complete State water plans or other State planning
            documents relating to water resources management; and
                (2) consider information developed by the non-Federal
            interest in relation to another study, to the extent the
            Secretary determines such information is applicable,
            appropriate, or otherwise authorized by law.
        (f) Cost Share.--
                (1) Study.--The Federal share of the cost of a study
            conducted under this section shall be--
                        (A) 100 percent for costs not to exceed $100,000;
                    and
                        (B) 50 percent for any costs above $100,000.
                (2) Construction.--A small water storage project carried
            out under this section shall be subject to the cost-sharing
            requirements applicable to projects under section 103 of the
            Water Resources Development Act of 1986 (33 U.S.C. 2213),
            including--
                        (A) municipal and industrial water supply: 100
                    percent non-Federal;
                        (B) agricultural water supply: 35 percent non-
                    Federal; and
                        (C) recreation, including recreational navigation:
                    50 percent of separable costs and, in the case of any
                    harbor or inland harbor or channel project, 50 percent
                    of joint and separable costs allocated to recreational
                    navigation.
        (g) OMRRR Responsibility.--The costs of operation, maintenance,
    repair, and replacement and rehabilitation for a small water storage
    project constructed under this section shall be the responsibility of
    the non-Federal interest.
        (h) Individual Project Limit.--Not more than $65,000,000 in Federal
    funds may be made available to a small water storage project under this
    section.
        (i) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $130,000,000 annually through
    fiscal year 2030.

    SEC. 156. PLANNING ASSISTANCE TO STATES.

         In carrying out section 22 of the Water Resources Development Act
    of 1974 (42 U.S.C. 1962d-16), the Secretary shall provide equal
    priority for all mission areas of the Corps of Engineers, including
    water supply and water conservation.

    SEC. 157. FORECAST-INFORMED RESERVOIR OPERATIONS.

        Section 1222 of the Water Resources Development Act of 2018 (128
    Stat. 3811) is amended by adding at the end the following:
        ``(c) Additional Utilization of Forecast-Informed Reservoir
    Operations.--
                ``(1) In general.--Not later than 1 year after the date of
            enactment of this subsection, the Secretary shall submit to 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 any additional opportunities
            identified for utilizing forecast-informed reservoir operations
            across the United States, including an assessment of the
            viability of forecast-informed reservoir operations in the
            Upper Missouri River Basin and the North Platte River Basin.
                ``(2) Forecast-informed reservoir operations.--
                        ``(A) Authorization.--If the Secretary determines,
                    and includes in the report submitted under paragraph
                    (1), that forecast-informed reservoir operations are
                    viable at a reservoir in the Upper Missouri River Basin
                    or the North Platte River Basin, including a reservoir
                    for which the Secretary has flood control
                    responsibilities under section 7 of the Act of December
                    22, 1944 (33 U.S.C. 709), the Secretary is authorized
                    to carry out forecast-informed reservoir operations at
                    such reservoir.
                        ``(B) Requirement.--Subject to the availability of
                    appropriations, if the Secretary determines, and
                    includes in the report submitted under paragraph (1),
                    that forecast-informed reservoir operations are viable
                    in the Upper Missouri River Basin or the North Platte
                    River Basin, the Secretary shall carry out forecast-
                    informed reservoir operations at not fewer than one
                    reservoir in such basin.''.

    SEC. 158. DATA FOR WATER ALLOCATION, SUPPLY, AND DEMAND.

        (a) Study on Data for Water Allocation, Supply, and Demand.--
                (1) In general.--The Secretary shall offer to enter into an
            agreement with the National Academy of Sciences to conduct a
            study on the ability of Federal agencies to coordinate with
            other Federal agencies, State and local agencies, Indian
            Tribes, communities, universities, consortiums, councils, and
            other relevant entities with expertise in water resources to
            facilitate and coordinate the sharing among such entities of
            water allocation, supply, and demand data, including--
                        (A) any catalogs of such data;
                        (B) definitions of any commonly used terms relating
                    to water allocation, supply, and demand; and
                        (C) a description of any common standards used by
                    those entities.
                (2) Report.--If the National Academy of Sciences enters
            into an agreement under paragraph (1), to the maximum extent
            practicable, not later than 1 year after the date of enactment
            of this Act, the National Academy of Sciences shall submit to
            Congress a report that includes--
                        (A) the results of the study under paragraph (1);
                        (B) recommendations for ways to streamline and make
                    cost-effective methods for Federal agencies to
                    coordinate interstate sharing of data, including
                    recommendations for the development of a publicly
                    accessible, internet-based platform that can allow
                    entities described in paragraph (1) to communicate and
                    coordinate ongoing data collection efforts relating to
                    water allocation, supply, and demand, and share best
                    practices relating to those efforts; and
                        (C) a recommendation as to an appropriate Federal
                    entity that should--
                                (i) serve as the lead coordinator for the
                            sharing of data relating to water allocation,
                            supply, and demand; and
                                (ii) host and manage the internet-based
                            platform described in subparagraph (B).
        (b) Data Transparency.--The Secretary shall prioritize making
    publicly available water resources data in the custody of the Corps of
    Engineers, as authorized by section 2017 of the Water Resources
    Development Act of 2007 (33 U.S.C. 2342).
        (c) Funding.--From amounts otherwise appropriated or made available
    to the Secretary, the Secretary may make available to the National
    Academy of Sciences not more than $3,900,000, to be used for the review
    of information provided by the Corps of Engineers for purposes of a
    study under subsection (a). The Secretary may accept funds from another
    Federal agency and make such funds available to the National Academy of
    Sciences, to be used for the review of information provided by such
    agency for purposes of a study under subsection (a).

    SEC. 159. INLAND WATERWAYS PILOT PROGRAM.

        (a) Definitions.--In this section:
                (1) Authorized project.--The term ``authorized project''
            means a federally authorized water resources development
            project for navigation on the inland waterways.
                (2) Modernization activities.--The term ``modernization
            activities'' means construction or major rehabilitation
            activities for any authorized project.
                (3) Non-federal interest.--The term ``non-Federal
            interest'' means any public body described in section 221(b) of
            the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
        (b) Authorization of Pilot Program.--The Secretary is authorized to
    carry out a pilot program for modernization activities on the inland
    waterways system.
        (c) Implementation.--
                (1) In general.--In carrying out the pilot program under
            this section, the Secretary may--
                        (A) accept and expend funds provided by a non-
                    Federal interest to carry out, for an authorized
                    project (or a separable element of an authorized
                    project), modernization activities for such project; or
                        (B) coordinate with the non-Federal interest in
                    order to allow the non-Federal interest to carry out,
                    for an authorized project (or a separable element of an
                    authorized project), such modernization activities.
                (2) Number.--The Secretary shall select not more than 2
            authorized projects to participate in the pilot program under
            paragraph (1).
                (3) Conditions.--Before carrying out modernization
            activities pursuant to paragraph (1)(B), a non-Federal interest
            shall--
                        (A) obtain any permit or approval required in
                    connection with such activities under Federal or State
                    law that would be required if the Secretary were to
                    carry out such activities; and
                        (B) ensure that a final environmental impact
                    statement or environmental assessment, as appropriate,
                    for such activities has been filed pursuant to the
                    National Environmental Policy Act of 1969.
                (4) Monitoring.--For any modernization activities carried
            out by the non-Federal interest pursuant to this section, the
            Secretary shall regularly monitor and audit such activities to
            ensure that--
                        (A) the modernization activities are carried out in
                    accordance with this section; and
                        (B) the cost of the modernization activities is
                    reasonable.
                (5) Requirements.--The requirements of section 3142 of
            title 40, United States Code shall apply to any modernization
            activities undertaken under or pursuant to this section, either
            by the Secretary or the non-Federal interest.
        (d) Agreements.--
                (1) Activities carried out by non-federal interest.--
                        (A) In general.--
                                (i) Written agreement.--Before a non-
                            Federal interest initiates modernization
                            activities for an authorized project pursuant
                            to this subsection (c)(1)(B), the non-Federal
                            interest shall enter into a written agreement
                            with the Secretary, under section 221 of the
                            Flood Control Act of 1970 (42 U.S.C. 1962d-5b),
                            that requires the modernization activities to
                            be carried out in accordance with--
                                        (I) a plan approved by the
                                    Secretary; and
                                        (II) any other terms and conditions
                                    specified by the Secretary in the
                                    agreement.
                                (ii) Requirements.--A written agreement
                            under clause (i) shall provide that the non-
                            Federal interest shall comply with the same
                            legal and technical requirements that would
                            apply if the modernization activities were
                            carried out by the Secretary, including all
                            mitigation required to offset environmental
                            impacts of the activities, as determined by the
                            Secretary.
                        (B) Alignment with ongoing activities.--A written
                    agreement under subparagraph (A) shall include
                    provisions that, to the maximum extent practicable,
                    align modernization activities under this section with
                    ongoing operations and maintenance activities for the
                    applicable authorized project.
                        (C) Indemnification.--As part of a written
                    agreement under subparagraph (A), the non-Federal
                    interest shall agree to hold and save the United States
                    free from liability for any and all damage that arises
                    from the modernization activities carried out by the
                    non-Federal interest pursuant to this section.
                (2) Activities carried out by secretary.--For modernization
            activities to be carried out by the Secretary pursuant to
            subsection (c)(1)(A), the non-Federal interest shall enter into
            a written agreement with the Secretary, containing such terms
            and conditions as the Secretary determines appropriate.
        (e) Reimbursement.--
                (1) Authorization.--Subject to the availability of
            appropriations, the Secretary may reimburse a non-Federal
            interest for the costs of modernization activities carried out
            by the non-Federal interest pursuant to an agreement entered
            into under subsection (d), or for funds provided to the
            Secretary under subsection (c)(1)(A), if--
                        (A) the non-Federal interest complies with the
                    agreement entered into under subsection (d); and
                        (B) with respect to modernization activities
                    carried out by the non-Federal interest pursuant to the
                    agreement, the Secretary determines that the non-
                    Federal interest complied with all applicable Federal
                    requirements in carrying out the modernization
                    activities.
                (2) Limitation.--The Secretary may only reimburse a non-
            Federal interest under paragraph (1) for costs of construction
            that would otherwise be paid from amounts appropriated from the
            general fund of the Treasury pursuant to section 102 of the
            Water Resources Development Act of 1986 (33 U.S.C. 2212).
        (f) Rule of Construction.--Nothing in this section--
                (1) affects the responsibility of the Secretary for the
            operations and maintenance of the inland waterway system, as of
            the day before the date of enactment of this Act, including the
            responsibility of the Secretary for the operations and
            maintenance costs for any covered project after the
            modernization activities are completed pursuant to this
            section;
                (2) prohibits or prevents the use of Federal funds for
            operations and maintenance of the inland waterway system or any
            authorized project within the inland waterway system; or
                (3) prohibits or prevents the use of Federal funds for
            construction or major rehabilitation activities within the
            inland waterway system or for any authorized project within the
            inland waterway system.
        (g) Notification.--If a non-Federal interest notifies the Secretary
    that the non-Federal interest intends to carry out modernization
    activities for an authorized project, or separable element thereof,
    pursuant to this section, the Secretary shall provide written notice to
    the Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives concerning the intent of the non-Federal interest.
        (h) Sunset.--
                (1) In general.--The authority of the Secretary to enter
            into an agreement under this section shall terminate on the
            date that is 5 years after the date of enactment of this Act.
                (2) Reimbursement eligibility.--The termination of
            authority under paragraph (1) shall not extinguish the
            eligibility of a non-Federal interest to seek reimbursement
            under subsection (e).

    SEC. 160. DEFINITION OF ECONOMICALLY DISADVANTAGED COMMUNITY.

        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall issue guidance defining the
    term ``economically disadvantaged community'' for the purposes of this
    Act and the amendments made by this Act.
        (b) Considerations.--In defining the term ``economically
    disadvantaged community'' under subsection (a), the Secretary shall, to
    the maximum extent practicable, utilize the criteria under paragraph
    (1) or (2) of section 301(a) of the Public Works and Economic
    Development Act of 1965 (42 U.S.C. 3161), to the extent that such
    criteria are applicable in relation to the development of water
    resources development projects.
        (c) Public Comment.--In developing the guidance under subsection
    (a), the Secretary shall provide notice and an opportunity for public
    comment.

    SEC. 161. STUDIES OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
                  FEDERAL INTERESTS.

        (a) In General.--Section 203 of the Water Resources Development Act
    of 1986 (33 U.S.C. 2231) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by inserting ``, or, upon the
                    written approval of the Secretary that the
                    modifications are consistent with the authorized
                    purposes of the project, undertake a feasibility study
                    on modifications to a water resources development
                    project constructed by the Corps of Engineers,'' after
                    ``water resources development project''; and
                        (B) in paragraph (2), by striking ``for feasibility
                    studies'' and all that follows through the period at
                    the end and inserting ``for the formulation of
                    feasibility studies of water resources development
                    projects undertaken by non-Federal interests to--
                        ``(A) ensure that any feasibility study with
                    respect to which the Secretary submits an assessment to
                    Congress under subsection (c) complies with all of the
                    requirements that would apply to a feasibility study
                    undertaken by the Secretary; and
                        ``(B) provide sufficient information for the
                    formulation of the studies, including processes and
                    procedures related to reviews and assistance under
                    subsection (e).'';
                (2) in subsection (b)--
                        (A) by striking ``The Secretary'' and inserting the
                    following:
                ``(1) In general.--The Secretary''; and
                        (B) by adding at the end the following:
                ``(2) Timing.--The Secretary may not submit to Congress an
            assessment of a feasibility study under this section until such
            time as the Secretary--
                        ``(A) determines that the feasibility study
                    complies with all of the requirements that would apply
                    to a feasibility study undertaken by the Secretary; and
                        ``(B) completes all of the Federal analyses,
                    reviews, and compliance processes under the National
                    Environmental Policy Act of 1969 (42 U.S.C. 4321 et
                    seq.), that would be required with respect to the
                    proposed project if the Secretary had undertaken the
                    feasibility study.
                ``(3) Initiation of review.--
                        ``(A) Request.--
                                ``(i) Submission.--The non-Federal interest
                            may submit to the Secretary a request that the
                            Secretary initiate the analyses, reviews, and
                            compliance processes described in paragraph
                            (2)(B) with respect to the proposed project
                            prior to the non-Federal interest's submission
                            of a feasibility study under subsection (a)(1).
                                ``(ii) Effect.--Receipt by the Secretary of
                            a request submitted under clause (i) shall be
                            considered the receipt of a proposal or
                            application that will lead to a major Federal
                            action that is subject to the requirements of
                            section 102(2)(C) of the National Environmental
                            Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that
                            would be required if the Secretary were to
                            undertake the feasibility study.
                        ``(B) Deadline.--Not later than 10 days after the
                    Secretary receives a request under this paragraph, the
                    Secretary shall begin the required analyses, reviews,
                    and compliance processes.
                ``(4) Notification.--Upon receipt of a request under
            paragraph (3), the Secretary shall notify the Committee on
            Transportation and Infrastructure of the House of
            Representatives and the Committee on Environment and Public
            Works of the Senate of the request and a timeline for
            completion of the required analyses, reviews, and compliance
            processes.
                ``(5) Status updates.--Not later than 30 days after
            receiving a request under paragraph (3), and every 30 days
            thereafter until the Secretary submits an assessment under
            subsection (c) for the applicable feasibility study, the
            Secretary shall notify the Committee on Transportation and
            Infrastructure of the House of Representatives, the Committee
            on Environment and Public Works of the Senate, and the non-
            Federal interest of the status of the Secretary's required
            analyses, reviews, and compliance processes.''; and
                (3) in subsection (c)(1), in the matter preceding
            subparagraph (A)--
                        (A) by striking ``after the date of receipt of a
                    feasibility study of a project under subsection
                    (a)(1)'' and insert ``after the completion of review of
                    a feasibility study under subsection (b)''; and
                        (B) by striking ``a report'' and inserting ``an
                    assessment''.
        (b) Deadline.--Not later than 90 days after the date of enactment
    of this Act, the Secretary shall issue revised guidelines under section
    203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) to
    implement the amendments made by this section.
        (c) Hold Harmless.--
                (1) One-year window.--The amendments made by this section
            shall not apply to any feasibility study submitted to the
            Secretary under section 203 of the Water Resources Development
            Act of 1986 (33 U.S.C. 2231) during the one-year period prior
            to the date of enactment of this section.
                (2) 2020 projects.--The amendments made by this section
            shall not apply to any project authorized by section 403 of
            this Act.

    SEC. 162. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER SUPPLY.

        Section 1118(i) of the Water Resources Development Act of 2016 (43
    U.S.C. 390b-2(i)) is amended--
                (1) by striking ``The Secretary may'' and inserting the
            following:
                ``(1) Contributed funds for corps projects.--The Secretary
            may''; and
                (2) by adding at the end the following:
                ``(2) Contributed funds for other federal reservoir
            projects.--The Secretary is authorized to receive and expend
            funds from a non-Federal interest to formulate, review, or
            revise operational documents, pursuant to a proposal submitted
            in accordance subsection (a), for any reservoir for which the
            Secretary is authorized to prescribe regulations for the use of
            storage allocated for flood control or navigation pursuant to
            section 7 of the Act of December 22, 1944 (33 U.S.C. 709).''.

    SEC. 163. SENSE OF CONGRESS ON REMOVAL OF UNAUTHORIZED, MANMADE,
                  FLAMMABLE MATERIALS ON CORPS PROPERTY.

         It is the sense of Congress that the Secretary should, using
    existing authorities, prioritize the removal, from facilities and lands
    of the Corps of Engineers in regions that are urban and arid, of
    materials that are manmade, flammable, unauthorized to be present, and
    determined by the Secretary to pose a fire risk that is a threat to
    public safety.

    SEC. 164. ENHANCED DEVELOPMENT PROGRAM.

        (a) In General.--The Secretary shall review the master plan and
    shoreline management plan for any lake described in section 3134 of the
    Water Resources Development Act of 2007 (121 Stat. 1142; 130 Stat.
    1671) for the purpose of identifying structures or other improvements
    that are owned by the Secretary and are suitable for enhanced
    development, if--
                (1) the master plan and shoreline management plan of the
            lake have been updated since January 1, 2013; and
                (2) the applicable district office of the Corps of
            Engineers has received a written request for such a review from
            any entity.
        (b) Definition of Enhanced Development.--In this section, the term
    ``enhanced development'' means the use, for non-water-dependent
    commercial or hospitality industry purposes or for residential or
    recreational purposes, of an existing structure or other improvement.
        (c) Divestment Authority.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall--
                (1) submit to the Committee on Environment and Public Works
            of the Senate and the Committee on Transportation and
            Infrastructure of the House of Representatives a report that
            identifies--
                        (A) any structure or other improvement owned by the
                    Secretary that--
                                (i) has been identified as suitable for
                            enhanced development pursuant to subsection
                            (a);
                                (ii) the Secretary determines the
                            divestment of which would not adversely affect
                            the Corps of Engineers operation of the lake at
                            which the structure or other improvement is
                            located; and
                                (iii) a non-Federal interest has offered to
                            purchase from the Secretary; and
                        (B) the fair market value of any structure or other
                    improvement identified under subparagraph (A); and
                (2) develop a plan to divest any structure or other
            improvement identified under paragraph (1)(A), at fair market
            value, to the applicable non-Federal interest.

    SEC. 165. CONTINUING AUTHORITY PROGRAMS.

        (a) Pilot Program for Continuing Authority Projects in Small or
    Disadvantaged Communities.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this Act, the Secretary shall implement a pilot
            program, in accordance with this subsection, for carrying out a
            project under a continuing authority program for an
            economically disadvantaged community.
                (2) Participation in pilot program.--In carrying out
            paragraph (1), the Secretary shall--
                        (A) publish a notice in the Federal Register that
                    requests non-Federal interest proposals for a project
                    under a continuing authority program for an
                    economically disadvantaged community; and
                        (B) review such proposals and select a total of 10
                    projects, taking into consideration geographic
                    diversity among the selected projects.
                (3) Cost share.--Notwithstanding the cost share authorized
            for the applicable continuing authority program, the Federal
            share of the cost of a project selected under paragraph (2)
            shall be 100 percent.
                (4) Sunset.--The authority to commence pursuant to this
            subsection a project selected under paragraph (2) shall
            terminate on the date that is 10 years after the date of
            enactment of this Act.
                (5) Continuing authority program defined.--In this
            subsection, the term ``continuing authority program'' has the
            meaning given that term in section 7001(c)(1)(D) of Water
            Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).
        (b) Authorizations of Appropriations.--
                (1) Emergency streambank and shoreline protection.--
            Notwithstanding section 14 of the Flood Control Act of 1946 (33
            U.S.C. 701r), there is authorized to be appropriated to carry
            out such section $25,500,000 for each of fiscal years 2021
            through 2024.
                (2) Storm and hurricane restoration and impact minimization
            program.--Notwithstanding section 3(c) of the Act of August 13,
            1946 (33 U.S.C. 426g(c)), there is authorized to be
            appropriated to carry out such section $38,000,000 for each of
            fiscal years 2021 through 2024.
                (3) Small river and harbor improvement projects.--
            Notwithstanding section 107(a) of the River and Harbor Act of
            1960 (33 U.S.C. 577(a)), there is authorized to be appropriated
            to carry out such section $63,000,000 for each of fiscal years
            2021 through 2024.
                (4) Regional sediment management.--Notwithstanding section
            204(g) of the Water Resources Development Act of 1992 (33
            U.S.C. 2326(g)), there is authorized to be appropriated to
            carry out such section $63,000,000 for each of fiscal years
            2021 through 2024.
                (5) Small flood control projects.--Notwithstanding section
            205 of the Flood Control Act of 1948 (33 U.S.C. 701s), there is
            authorized to be appropriated to carry out such section
            $69,250,000 for each of fiscal years 2021 through 2024.
                (6) Aquatic ecosystem restoration.--Notwithstanding section
            206(f) of the Water Resources Development Act of 1996 (33
            U.S.C. 2330(f)), there is authorized to be appropriated to
            carry out such section $63,000,000 for each of fiscal years
            2021 through 2024.
                (7) Removal of obstructions; clearing channels.--
            Notwithstanding section 2 of the Act of August 28, 1937 (33
            U.S.C. 701g), there is authorized to be appropriated to carry
            out such section $8,000,000 for each of fiscal years 2021
            through 2024.
                (8) Project modifications for improvement of environment.--
            Notwithstanding section 1135(h) of the Water Resources
            Development Act of 1986 (33 U.S.C. 2309a(h)), there is
            authorized to be appropriated to carry out such section
            $50,500,000 for each of fiscal years 2021 through 2024.

                         TITLE II--STUDIES AND REPORTS

    SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.

        (a) In General.--The Secretary is authorized to conduct a
    feasibility study for the following projects for water resources
    development and conservation and other purposes, as identified in the
    reports titled ``Report to Congress on Future Water Resources
    Development'' submitted to Congress pursuant to section 7001 of the
    Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
    otherwise reviewed by Congress:
                (1) Sulphur river, arkansas and texas.--Project for
            ecosystem restoration, Sulphur River, Arkansas and Texas.
                (2) Cable creek, california.--Project for flood risk
            management, water supply, and related benefits, Cable Creek,
            California.
                (3) Oroville dam, california.--Project for dam safety
            improvements, Oroville Dam, California.
                (4) Rio hondo channel, california.--Project for ecosystem
            restoration, Rio Hondo Channel, San Gabriel River, California.
                (5) Shingle creek and kissimmee river, florida.--Project
            for ecosystem restoration and water storage, Shingle Creek and
            Kissimmee River, Osceola County, Florida.
                (6) St. john's river and lake jesup, florida.--Project for
            ecosystem restoration, St. John's River and Lake Jesup,
            Florida.
                (7) Chicago area waterways system, illinois.--Project for
            ecosystem restoration, recreation, and other purposes, Illinois
            River, Chicago River, Calumet River, Grand Calumet River,
            Little Calumet River, and other waterways in the vicinity of
            Chicago, Illinois.
                (8) Fox river, illinois.--Project for flood risk
            management, Fox River, Illinois.
                (9) Lower missouri river, kansas.--Project for bank
            stabilization and navigation, Lower Missouri River, Sioux City,
            Kansas.
                (10) Tangipahoa parish, louisiana.--Project for flood risk
            management, Tangipahoa Parish, Louisiana.
                (11) Newbury and newburyport, massachusetts.--Project for
            coastal storm risk management, Newbury and Newburyport,
            Massachusetts.
                (12) Escatawpa river basin, mississippi.--Project for flood
            risk management and ecosystem restoration, Escatawpa River,
            Jackson County, Mississippi.
                (13) Long beach, bay st. louis and mississippi sound,
            mississippi.--Project for hurricane and storm damage risk
            reduction and flood risk management, Long Beach, Bay St. Louis
            and Mississippi Sound, Mississippi.
                (14) Tallahoma and tallahala creeks, mississippi.--Project
            for flood risk management, Leaf River, Jones County,
            Mississippi.
                (15) Lower missouri river, missouri.--Project for
            navigation, Lower Missouri River, Missouri.
                (16) Lower osage river basin, missouri.--Project for
            ecosystem restoration, Lower Osage River Basin, Missouri.
                (17) Wyatt, missouri.--Project for flood risk management,
            P. Fields Pump Station, Wyatt, Missouri.
                (18) Upper basin and stony brook (green brook sub-basin),
            raritan river basin, new jersey.--Reevaluation of the Upper
            Basin and Stony Brook portions of the project for flood
            control, Green Brook Sub-basin, Raritan River Basin, New
            Jersey, authorized by section 401 of the Water Resources
            Development Act of 1986 (100 Stat. 4119), including the
            evaluation of nonstructural measures to achieve the project
            purpose.
                (19) Wading river creek, new york.--Project for hurricane
            and storm damage risk reduction, flood risk management,
            navigation, and ecosystem restoration, Wading River Creek, New
            York.
                (20) Lower columbia river basin (turning basin), oregon and
            washington.--Project to improve and add turning basins for the
            project for navigation, Columbia River Channel, Oregon and
            Washington, authorized by section 101(b)(13) of the Water
            Resources Development Act of 1999 (113 Stat. 280).
                (21) Williamsport, pennsylvania.--Project for flood risk
            management and levee rehabilitation, greater Williamsport,
            Pennsylvania.
                (22) City of charleston, south carolina.--Project for
            tidal- and inland-related flood risk management, Charleston,
            South Carolina.
                (23) Chocolate bayou, texas.--Project for flood risk
            management, Chocolate Bayou, Texas.
                (24) Houston-galveston, texas.--Project for navigation,
            Houston-Galveston, Texas.
                (25) Port arthur and orange county, texas.--Project for
            flood risk management, Port Arthur and Orange County, Texas,
            including construction of improvements to interior drainage.
                (26) Port of victoria, texas.--Project for flood risk
            management, Port of Victoria, Texas.
                (27) Virginia beach and vicinity, virginia and north
            carolina.--Project for coastal storm risk management, Virginia
            Beach and vicinity, Virginia and North Carolina.
        (b) Special Rule.--The Secretary shall consider any study carried
    out by the Secretary to formulate the project for flood risk
    management, Port Arthur and Orange County, Texas, identified in
    subsection (a)(25) to be a continuation of the study carried out for
    Sabine Pass to Galveston Bay, Texas, authorized by a resolution of the
    Committee on Environment and Public Works of the Senate, approved June
    23, 2004, and funded by title IV of division B of the Bipartisan Budget
    Act of 2018, under the heading ``CORPS OF ENGINEERS--CIVIL--DEPARTMENT
    OF THE ARMY--CONSTRUCTION'' (Public Law 115-123; 132 Stat. 76).

    SEC. 202. EXPEDITED COMPLETIONS.

        (a) Feasibility Reports.--The Secretary shall expedite the
    completion of a feasibility study for each of the following projects,
    and if the Secretary determines that the project is justified in a
    completed report, may proceed directly to preconstruction planning,
    engineering, and design of the project:
                (1) Project for navigation, Florence, Alabama.
                (2) Project to modify the project for navigation,
            Tennessee-Tombigbee Waterway, Alabama, Kentucky, Mississippi,
            and Tennessee.
                (3) Project for shoreline stabilization, Aunu`u Harbor,
            American Samoa.
                (4) Project for shoreline stabilization, Tutuila Island,
            American Samoa.
                (5) Project for flood risk management, Lower Santa Cruz
            River, Arizona.
                (6) Project for flood risk management, Rio de Flag,
            Arizona.
                (7) Project for flood risk management, Tonto Creek, Gila
            River, Arizona.
                (8) Project for flood control, water conservation, and
            related purposes, Coyote Valley Dam, California.
                (9) Project for shoreline stabilization, Del Mar Bluffs,
            San Diego County, California, carried out pursuant to the
            resolution of the Committee on Transportation and
            Infrastructure of the House of Representatives adopted on April
            22, 1999 (docket number 2598).
                (10) Project for flood damage reduction and ecosystem
            restoration, Del Rosa Channel, city of San Bernardino,
            California.
                (11) Project for flood risk management, Lower Cache Creek,
            California.
                (12) Project for flood damage reduction and ecosystem
            restoration, Mission-Zanja Channel, cities of San Bernardino
            and Redlands, California.
                (13) Project for flood risk management, Napa, California.
                (14) Project for shoreline protection, Oceanside,
            California, authorized pursuant to section 414 of the Water
            Resources Development Act of 2000 (114 Stat. 2636; 121 Stat.
            1176).
                (15) Project for ecosystem restoration and water
            conservation, Prado Basin, Orange, Riverside, and San
            Bernardino counties, California.
                (16) Project for water conservation and water supply,
            Redbank and Fancher Creeks, California.
                (17) Project for coastal storm damage reduction, San Diego
            County shoreline, California.
                (18) Project to modify the project for navigation, San
            Francisco Bay to Stockton, California.
                (19) Project for flood risk management, San Francisquito
            Creek, California.
                (20) Project to modify the Seven Oaks Dam, California,
            portion of the project for flood control, Santa Ana River
            Mainstem, California, authorized by section 401(a) of the Water
            Resources Development Act of 1986 (100 Stat. 4113; 101 Stat.
            1329-111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat. 1115), to
            include water conservation as an authorized purpose.
                (21) Project for coastal storm damage reduction, Southern
            California.
                (22) Project for water storage, Halligan Dam, Colorado.
                (23) Project for flood risk management, East Hartford Levee
            System, Connecticut.
                (24) Project for flood risk management, Fairfield and New
            Haven Counties, Connecticut.
                (25) Project for navigation, Guilford Harbor and Sluice
            Channel, Connecticut.
                (26) Project for flood risk management, Hartford Levee
            System, Connecticut.
                (27) Project for ecosystem restoration, Central and
            Southern Florida Project Canal 111 (C-111), South Dade County,
            Florida.
                (28) Project for ecosystem restoration, Lake Okeechobee,
            Florida.
                (29) Project for ecosystem restoration, Western Everglades,
            Florida.
                (30) Project for flood risk management, Hanapepe River,
            Kauai, Hawaii.
                (31) Project for flood risk management, Wailupe Stream,
            Oahu, Hawaii.
                (32) Project for flood risk management, Waimea River,
            Kauai, Hawaii, being carried out under section 205 of the Flood
            Control Act of 1948 (33 U.S.C. 701s).
                (33) Project for comprehensive hurricane and storm damage
            risk reduction and shoreline erosion protection, Chicago,
            Illinois, authorized by section 101(a)(12) of the Water
            Resources Development Act of 1996 (110 Stat. 3664; 113 Stat.
            302).
                (34) Project for flood risk management, Wheaton, DuPage
            County, Illinois.
                (35) Project for flood damage reduction, ecosystem
            restoration, and recreation, Blue River Basin, Kansas City,
            Kansas, carried out pursuant to the resolution of the Committee
            on Transportation and Infrastructure of the House of
            Representatives adopted on September 24, 2008 (docket number
            2803).
                (36) Project for flood control, Amite River and Tributaries
            east of the Mississippi River, Louisiana.
                (37) Project for coastal storm risk management, Upper
            Barataria Basin, Louisiana.
                (38) Project for navigation, Kent Narrows and Chester
            River, Queen Anne's County, Maryland.
                (39) Project to replace the Bourne and Sagamore Bridges,
            Cape Cod, Massachusetts.
                (40) Project for flood risk management, ecosystem
            restoration, and recreation, Lower St. Croix River, Minnesota,
            carried out pursuant to the resolution of the Committee on
            Transportation and Infrastructure of the House of
            Representatives adopted on September 25, 2002 (docket number
            2705).
                (41) Project to deepen the project for navigation, Gulfport
            Harbor, Mississippi, authorized by section 202(a) of the Water
            Resources Development Act of 1986 (100 Stat. 4094).
                (42) Project for navigation, Shark River, New Jersey.
                (43) Project for navigation, Goldsmith Inlet, New York.
                (44) Project for navigation, Lake Montauk Harbor, New York.
                (45) Project for rehabilitation of Lock E-32, Erie Canal,
            Pittsford, New York.
                (46) Project for navigation and shoreline stabilization,
            Reel Point Preserve, New York, carried out pursuant to the
            resolution of the Committee on Transportation and
            Infrastructure of the House of Representatives adopted on May
            2, 2007 (docket number 2775).
                (47) Project for flood risk management, Rondout Creek-
            Wallkill River Watershed, New York, carried out pursuant to the
            resolution of the Committee on Transportation and
            Infrastructure of the House of Representatives adopted on May
            2, 2007 (docket number 2776).
                (48) Project for ecosystem restoration and hurricane and
            storm damage risk reduction, Spring Creek South (Howard Beach),
            Queens, New York.
                (49) Project for ecosystem restoration, Hood River at the
            confluence with the Columbia River, Oregon.
                (50) Project to resolve increased silting and shoaling
            adjacent to the Federal channel, Port of Bandon, Coquille
            River, Oregon.
                (51) Project for flood control, 42nd Street Levee,
            Springfield, Oregon, being carried out under section 205 of the
            Flood Control Act of 1948 (33 U.S.C. 701s).
                (52) Project for construction of Tribal housing authorized
            by title IV of Public Law 100-581 (102 Stat. 2944), Oregon and
            Washington.
                (53) Project for flood risk management, Dorchester County,
            South Carolina.
                (54) Project for navigation, Georgetown Harbor, South
            Carolina.
                (55) Project for hurricane and storm damage risk reduction,
            Myrtle Beach, South Carolina.
                (56) Project to modify the projects for navigation and
            other purposes, Old Hickory Lock and Dam and the Cordell Hull
            Dam and Reservoir, Cumberland River, Tennessee, authorized by
            the Act of July 24, 1946 (chapter 595, 60 Stat. 636), to add
            flood risk management as an authorized purpose.
                (57) Project for flood risk management, Buffalo Bayou,
            Texas.
                (58) Project for flood risk management, ecosystem
            restoration, water supply, and related purposes, Lower Rio
            Grande River, Cameron County, Texas, carried out pursuant to
            the resolution of the Committee on Transportation and
            Infrastructure of the House of Representatives adopted on May
            21, 2003 (docket number 2710).
                (59) Project for hurricane and storm damage risk reduction
            and shoreline erosion protection, Bolongo Bay, St. Thomas,
            United States Virgin Islands.
                (60) Project for water supply and ecosystem restoration,
            Howard Hanson Dam, Washington.
                (61) Project for ecosystem restoration, Puget Sound,
            Washington.
                (62) Project for navigation, Seattle Harbor, Washington.
                (63) Project for navigation, Tacoma Harbor, Washington.
                (64) Project for dam safety remediation, Bluestone Dam,
            West Virginia.
                (65) Project to modify the project for navigation,
            Milwaukee Harbor, Wisconsin.
        (b) Post-authorization Change Reports.--The Secretary shall
    expedite completion of a post-authorization change report for the
    following projects:
                (1) Project for ecosystem restoration, Tres Rios, Arizona.
                (2) Project for flood risk management, Des Moines Levee
            System, including Birdland Park Levee, Des Moines and Raccoon
            Rivers, Des Moines, Iowa.
        (c) Watershed and River Basin Assessments.--The Secretary shall
    expedite the completion of an assessment under section 729 of the Water
    Resources Development Act of 1986 (33 U.S.C. 2267a) for the following:
                (1) Kansas River Basin, Kansas.
                (2) Merrimack River Basin, Massachusetts.
                (3) Pascagoula River Basin, Mississippi.
                (4) Tuscarawas River Basin, Ohio.
                (5) Lower Fox River Basin, Wisconsin.
                (6) Upper Fox River Basin and Wolf River Basin, Wisconsin.
        (d) Disposition Studies.--The Secretary shall expedite the
    completion of a disposition study, carried out under section 216 of the
    Flood Control Act of 1970 (33 U.S.C. 549a), for the project for Salinas
    Reservoir (Santa Margarita Lake), California.
        (e) Reallocation Studies.--The Secretary shall expedite the
    completion of a study for the reallocation of water supply storage,
    carried out in accordance with section 301 of the Water Supply Act of
    1958 (43 U.S.C. 390b), for the following:
                (1) Aquilla Lake, Texas.
                (2) Lake Whitney, Texas.
        (f) Economic Reevaluation Report.--The Secretary shall expedite the
    completion of the economic reevaluation report for the navigation and
    sustainability program carried out pursuant to title VIII of the Water
    Resources Development Act of 2007 (33 U.S.C. 652 note).

    SEC. 203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES.

        (a) In General.--The Secretary shall expedite the completion of the
    following feasibility studies, as modified by this section, and if the
    Secretary determines that a project that is the subject of the
    feasibility study is justified in a completed report, may proceed
    directly to preconstruction planning, engineering, and design of the
    project:
                (1) San francisco bay, california.--The study for flood
            risk reduction authorized by section 142 of the Water Resources
            Development Act of 1976 (90 Stat. 2930), is modified to
            authorize the Secretary to--
                        (A) investigate the ocean shoreline of San Mateo,
                    San Francisco, and Marin Counties for the purposes of
                    providing flood protection against tidal and fluvial
                    flooding;
                        (B) with respect to the bay and ocean shorelines of
                    San Mateo, San Francisco, and Marin Counties,
                    investigate measures to adapt to rising sea levels; and
                        (C) with respect to the bay and ocean shorelines,
                    and streams running to the bay and ocean shorelines, of
                    San Mateo, San Francisco, and Marin Counties,
                    investigate the effects of proposed flood protection
                    and other measures or improvements on--
                                (i) the local economy;
                                (ii) habitat restoration, enhancement, or
                            expansion efforts or opportunities;
                                (iii) public infrastructure protection and
                            improvement;
                                (iv) stormwater runoff capacity and control
                            measures, including those that may mitigate
                            flooding;
                                (v) erosion of beaches and coasts; and
                                (vi) any other measures or improvements
                            relevant to adapting to rising sea levels.
                (2) Sacramento river, southern sutter county, california.--
            The study for flood control and allied purposes for the
            Sacramento River Basin, authorized by section 209 of the Flood
            Control Act of 1962 (76 Stat. 1197), is modified to authorize
            the Secretary to conduct a study for flood risk management,
            southern Sutter County between the Sacramento River and Sutter
            Bypass, California.
                (3) Salton sea, california.--In carrying out the program to
            implement projects to restore the Salton Sea, California,
            authorized by section 3032 of the Water Resources Development
            Act of 2007 (121 Stat. 1113; 130 Stat. 1677), the Secretary is
            authorized to carry out a study for the construction of a
            perimeter lake, or a northern or southern subset thereof, for
            the Salton Sea, California.
                (4) New york and new jersey harbor and tributaries, new
            york and new jersey.--The study for flood and storm damage
            reduction for the New York and New Jersey Harbor and
            Tributaries project, authorized by the Act of June 15, 1955
            (chapter 140, 69 Stat. 132), and being carried out pursuant to
            the Disaster Relief Appropriations Act, 2013 (Public Law 113-
            2), is modified to require the Secretary to--
                        (A) evaluate and address the impacts of low-
                    frequency precipitation and sea-level rise on the study
                    area;
                        (B) consult with affected communities; and
                        (C) ensure the study is carried out in accordance
                    with section 1001 of the Water Resources Reform and
                    Development Act of 2014 (33 U.S.C. 2282c).
        (b) Considerations.--Where appropriate, the Secretary may use the
    authority provided by section 216 of the Flood Control Act of 1970 (33
    U.S.C. 549a) to carry out this section.

    SEC. 204. ASSISTANCE TO NON-FEDERAL SPONSORS; FEASIBILITY ANALYSIS.

        (a) Assistance to Non-Federal Sponsors.--
                (1) In general.--Subject to the availability of
            appropriations, during the period during which a non-Federal
            interest may submit a proposal to be considered for inclusion
            in an annual report pursuant to section 7001(b) of the Water
            Resources Reform and Development Act of 2014 (33 U.S.C.
            2282d(b)), the Secretary is authorized to provide assistance in
            accordance with section 1104(b) of the Water Resources
            Development Act of 2018 (33 U.S.C. 2282d note) to the non-
            Federal interest of a project proposal described in paragraph
            (2).
                (2) Project proposals described.--A project proposal
            referred to in paragraph (1) is a proposal for any of the
            following:
                        (A) A feasibility study for a fish passage for
                    ecosystem restoration, Lower Alabama River, Alabama.
                        (B) A feasibility study for dredged material
                    disposal management activities, Port of Florence,
                    Alabama.
                        (C) A feasibility study for a project for flood
                    risk management, Sikorsky Memorial Airport, Bridgeport,
                    Connecticut.
                        (D) A feasibility study for a project to design and
                    construct the Naugatuck River Greenway Trail, a
                    multiuse trail on Federal land between Torrington and
                    Derby, Connecticut.
                        (E) A feasibility study for a project for coastal
                    and flood risk management, Stratford, Connecticut.
                        (F) A feasibility study for projects for flood risk
                    management, Woodbridge, Connecticut.
                        (G) The project for flood risk management,
                    Bloomington, Indiana.
                        (H) The project for flood risk management, Gary,
                    Indiana.
                        (I) Modification of the project for beach erosion
                    and hurricane protection, Grand Isle, Louisiana, to
                    include periodic beach nourishment.
                        (J) A feasibility study for a project for flood
                    risk management, Cataouatche Subbasin area of the west
                    bank of Jefferson Parish, Louisiana.
                        (K) A feasibility study for projects for flood risk
                    management and storm damage reduction in the Hoey's
                    Basin area of the east bank of Jefferson Parish,
                    Louisiana, including a study of the ``pump to the
                    river'' concept.
                        (L) A feasibility study for a project for flood
                    risk management, Hoosic River, Massachusetts.
                        (M) Modification of the project for navigation,
                    River Rouge, Michigan.
                        (N) A project to extend dredging of the South Haven
                    Harbor, Michigan, to include the former turning basin.
                        (O) Modification of the project for flood risk
                    management, Upper Rouge River, Wayne County, Michigan.
                        (P) A project for aquatic and riparian ecosystem
                    restoration, Line Creek, Riverside, Missouri.
                        (Q) A feasibility study for projects for ecosystem
                    restoration, Bangert Island, St. Charles, Missouri,
                    related to channels and aquatic habitats.
                        (R) A study of the resiliency of the Allegheny
                    Reservoir, New York, in consultation with the Seneca
                    Nation.
                        (S) A feasibility study for the rehabilitation of
                    the tainter gates and guard gate, Caughdenoy Dam, New
                    York, including an evaluation of the rehabilitation
                    work necessary to extend the service life of those
                    structures, such as--
                                (i) improvements to the hydraulic
                            efficiency of the gate systems;
                                (ii) improvements to the concrete
                            foundation and gate support structures; and
                                (iii) any other improvements the Secretary
                            determines to be necessary.
                        (T) A project for repairs to the West Pier and West
                    Barrier Bar, Little Sodus Bay Harbor, Cayuga County,
                    New York.
                        (U) A project for repair of a sheet pile wall and
                    east breakwater, Great Sodus Bay, New York.
                        (V) A feasibility study for the project for
                    navigation, Port of Oswego, New York.
                        (W) A feasibility study for potential projects for
                    the rehabilitation of the Glens Falls Feeder Canal,
                    which begins at the Feeder Dam intersection with the
                    Hudson River in Queensbury, New York, and runs to the
                    confluence of the Old Champlain Canal in Kingsbury, New
                    York.
                        (X) A feasibility study to determine whether the
                    purchase of additional flood easements, changes in lake
                    level management, additional levee infrastructure, or
                    implementation of other flood risk management or
                    containment mechanisms in the Arkansas River Basin,
                    Oklahoma, would benefit local communities by reducing
                    flood risks around water resources development projects
                    of the Corps of Engineers in a range of different flood
                    scenarios.
                        (Y) A feasibility study on increasing the frequency
                    and depth of dredging assistance from the Corps of
                    Engineers at the Port of Astoria, located at the mouth
                    of the Columbia River, Oregon.
        (b) Feasibility Analysis.--
                (1) In general.--Subject to the availability of
            appropriations, the Secretary is authorized to review a project
            proposal described in paragraph (2) and issue a report to the
            Committee on Environment and Public Works of the Senate and the
            Committee on Transportation and Infrastructure of the House of
            Representatives on whether a modification to the project that
            is the subject of the proposal is necessary and recommended to
            carry out the authorized purposes of such project.
                (2) Project proposals described.--A project proposal
            referred to in paragraph (1) is a proposal to modify any of the
            following:
                        (A) The project for environmental infrastructure,
                    City of Sheffield, Alabama, authorized pursuant to
                    section 219(f)(78) of the Water Resources Development
                    Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat.
                    1258; 130 Stat. 1687).
                        (B) The project for environmental infrastructure,
                    Calaveras County, California, under section 219(f)(86)
                    of the Water Resources Development Act of 1992 (106
                    Stat. 4835; 113 Stat. 335; 121 Stat. 1259).
                        (C) The project for environmental infrastructure,
                    Charlotte County, Florida, authorized by section
                    219(f)(121) of the Water Resources Development Act of
                    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1261).
                        (D) The Mississippi River and Tributaries project
                    authorized by the first section of the Act of May 15,
                    1928 (33 U.S.C. 702a), to include the portion of the
                    Ouachita River Levee System at and below Monroe,
                    Louisiana, to Caldwell Parish, Louisiana.
                        (E) The project for environmental infrastructure,
                    Central New Mexico, authorized by section 593 of the
                    Water Resources Development Act of 1999 (113 Stat. 380;
                    119 Stat. 2255).
                        (F) The project for environmental infrastructure,
                    Village of Whitehall, New York, authorized pursuant to
                    section 542 of the Water Resources Development Act of
                    2000 (114 Stat. 2671; 121 Stat. 1150).
                        (G) The project for environmental infrastructure,
                    Ohio and North Dakota, authorized by section 594 of the
                    Water Resources Development Act of 1999 (113 Stat. 383;
                    121 Stat. 1140; 121 Stat. 1944).
                        (H) The project for flood risk management and water
                    supply, Tenkiller Ferry Lake, Arkansas River Basin,
                    Oklahoma, authorized by section 4 of the Act of June
                    28, 1938 (chapter 795, 52 Stat. 1218), to modify water
                    storage to provide for a sufficient quantity of water
                    supply storage space in the inactive pool storage to
                    support the fishery downstream from Tenkiller
                    Reservoir.
                        (I) The project for environmental infrastructure,
                    Athens, Tennessee, authorized by section 219(f)(254) of
                    the Water Resources Development Act of 1992 (106 Stat.
                    4835; 113 Stat. 335; 121 Stat. 1267).
                        (J) The project for environmental infrastructure,
                    Blaine, Tennessee, authorized by section 219(f)(255) of
                    the Water Resources Development Act of 1992 (106 Stat.
                    4835; 113 Stat. 335; 121 Stat. 1267).
                        (K) The project for environmental infrastructure,
                    Claiborne County, Tennessee, authorized by section
                    219(f)(256) of the Water Resources Development Act of
                    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
                        (L) The project for environmental infrastructure,
                    Giles County, Tennessee, authorized by section
                    219(f)(257) of the Water Resources Development Act of
                    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
                        (M) The project for environmental infrastructure,
                    Grainger County, Tennessee, authorized by section
                    219(f)(258) of the Water Resources Development Act of
                    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
                        (N) The project for environmental infrastructure,
                    Hamilton County, Tennessee, authorized by section
                    219(f)(259) of the Water Resources Development Act of
                    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
                        (O) The project for environmental infrastructure,
                    Harrogate, Tennessee, authorized by section 219(f)(260)
                    of the Water Resources Development Act of 1992 (106
                    Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
                        (P) The project for environmental infrastructure,
                    Johnson County, Tennessee, authorized by section
                    219(f)(261) of the Water Resources Development Act of
                    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
                        (Q) The project for environmental infrastructure,
                    Knoxville, Tennessee, authorized by section 219(f)(262)
                    of the Water Resources Development Act of 1992 (106
                    Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
                        (R) The project for environmental infrastructure,
                    Lewis, Lawrence, and Wayne Counties, Tennessee,
                    authorized by section 219(f)(264) of the Water
                    Resources Development Act of 1992 (106 Stat. 4835; 113
                    Stat. 335; 121 Stat. 1268).
                        (S) The project for environmental infrastructure,
                    Nashville, Tennessee, authorized by section 219(f)(263)
                    of the Water Resources Development Act of 1992 (106
                    Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
                        (T) The project for environmental infrastructure,
                    Oak Ridge, Tennessee, authorized by section 219(f)(265)
                    of the Water Resources Development Act of 1992 (106
                    Stat. 4835; 113 Stat. 335; 121 Stat. 1268).
                        (U) The project for environmental infrastructure,
                    Plateau Utility District, Morgan County, Tennessee,
                    authorized by section 219(f)(266) of the Water
                    Resources Development Act of 1992 (106 Stat. 4835; 113
                    Stat. 335; 121 Stat. 1268).
                        (V) The authorized funding level for critical
                    restoration projects, Lake Champlain watershed, Vermont
                    and New York, authorized by section 542 of the Water
                    Resources Development Act of 2000 (114 Stat. 2671; 121
                    Stat. 1150).
                        (W) The project for environmental infrastructure,
                    Eastern Shore and Southwest Virginia, authorized by
                    section 219(f)(10) of the Water Resources Development
                    Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat.
                    1255).

    SEC. 205. SELMA, ALABAMA.

        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate a report that--
                (1) provides an update on the study for flood risk
            management and riverbank stabilization, Selma, Alabama,
            authorized by resolutions of the Committees on Public Works and
            Rivers and Harbors of the House of Representatives on June 7,
            1961, and April 28, 1936, respectively, the completion of which
            the Secretary was required to expedite by section 1203 of the
            Water Resources Development Act of 2018 (132 Stat. 3803); and
                (2) identifies project alternatives necessary to--
                        (A) assure the preservation of cultural and
                    historic values associated with national historic
                    landmarks within the study area; and
                        (B) provide flood risk management for economically
                    disadvantaged communities within the study area.

    SEC. 206. REPORT ON CORPS OF ENGINEERS FACILITIES IN APPALACHIA.

        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary, in collaboration with the
    Appalachian Regional Commission established by section 14301(a) of
    title 40, United States Code, shall submit to the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report that identifies each Corps of Engineers facility that--
                (1) is located within a distressed county or an at-risk
            county (as designated by the Appalachian Regional Commission
            pursuant to subparagraph (A) or (B) of section 14526(a)(1), of
            title 40, United States Code), including in counties that are
            experiencing high unemployment or job loss; and
                (2) could be improved for purposes of economic development,
            recreation, or other uses.
        (b) Hydropower Facilities.--
                (1) Identification of potential hydropower development.--
            The Secretary shall include in the report submitted under
            subsection (a) the identification of any existing nonpowered
            dams, located within a distressed county or an at-risk county,
            with the potential to be used to test, evaluate, pilot,
            demonstrate, or deploy hydropower or energy storage
            technologies.
                (2) Information.--In carrying out this subsection, the
            Secretary may use any information developed pursuant to section
            1206 of the Water Resources Development Act of 2018 (132 Stat.
            3806).
                (3) Coordination.--In carrying out paragraph (1), the
            Secretary shall coordinate with any relevant National
            Laboratories.

    SEC. 207. ADDITIONAL STUDIES UNDER NORTH ATLANTIC COAST COMPREHENSIVE
                  STUDY.

        (a) In General.--The Secretary shall carry out a study to determine
    the feasibility of a project for hurricane and storm damage risk
    reduction for any major metropolitan area located in the study area for
    the comprehensive study authorized under the heading ``Department of
    the Army--Corps of Engineers--Civil--Investigations'' under the
    Disaster Relief Appropriations Act, 2013 (Public Law 113-2) that was
    not included in a high-risk focus area identified in the study.
        (b) Treatment.--A study carried out under subsection (a) shall be
    considered to be a continuation of the comprehensive study described in
    that subsection.

    SEC. 208. SOUTH ATLANTIC COASTAL STUDY.

        Section 1204 of the Water Resources Development Act of 2016 (130
    Stat. 1685) is amended by adding at the end the following:
        ``(d) Annual Reports.--Not later than 180 days after the enactment
    of the Water Resources Development Act of 2020, and not less frequently
    than annually thereafter until 2025, the Secretary shall submit to the
    Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report on the status of the study under subsection
    (a), on a State-by-State basis, including information on the engagement
    of the Corps of Engineers with non-Federal interests, including
    detailed lists of all meetings and decision outcomes associated with
    those engagements.''.

    SEC. 209. COMPREHENSIVE STUDY OF THE SACRAMENTO RIVER, YOLO BYPASS,
                  CALIFORNIA.

        (a) Comprehensive Study.--The Secretary shall conduct a
    comprehensive study of the Sacramento River in the vicinity of the Yolo
    Bypass System, California, to identify actions to be undertaken by the
    Secretary for the comprehensive management of the Yolo Bypass System
    for the purposes of flood risk management, ecosystem restoration, water
    supply, hydropower, and recreation.
        (b) Consultation and Use of Existing Data.--
                (1) Consultation.--In conducting the comprehensive study
            under subsection (a), the Secretary shall consult with the
            Governor of the State of California, applicable Federal, State,
            and local agencies, non-Federal interests, the Yolo Bypass and
            Cache Slough Partnership, and other stakeholders.
                (2) Use of existing data and prior studies.--To the maximum
            extent practicable and where appropriate, the Secretary may--
                        (A) make use of existing data provided to the
                    Secretary by the entities identified in paragraph (1);
                    and
                        (B) incorporate--
                                (i) relevant information from prior studies
                            and projects carried out by the Secretary
                            within the study area; and
                                (ii) the latest technical data and
                            scientific approaches to changing hydrologic
                            and climatic conditions.
        (c) Recommendations.--
                (1) In general.--In conducting the comprehensive study
            under subsection (a), the Secretary may develop a
            recommendation to Congress for--
                        (A) the construction of a water resources
                    development project;
                        (B) the structural or operational modification of
                    an existing water resources development project;
                        (C) additional monitoring of, or adaptive
                    management measures to carry out with respect to,
                    existing water resources development projects, to
                    respond to changing hydrologic and climatic conditions;
                    or
                        (D) geographic areas within the Yolo Bypass System
                    for additional study by the Secretary.
                (2) Additional considerations.--Any feasibility study
            carried out pursuant to a recommendation under paragraph (1)(D)
            shall be considered to be a continuation of the comprehensive
            study authorized under subsection (a).
        (d) Completion of Study; Report to Congress.--Not later than 3
    years after the date of enactment of this section, the Secretary shall
    submit to the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Environment and Public
    Works of the Senate a report detailing--
                (1) the results of the comprehensive study conducted under
            subsection (a), including any recommendations developed under
            subsection (c);
                (2) any additional, site-specific areas within the Yolo
            Bypass System where additional study for flood risk management
            or ecosystem restoration projects is recommended by the
            Secretary; and
                (3) any interim actions relating to existing water
            resources development projects undertaken by the Secretary
            during the study period.
        (e) Definitions.--In this section:
                (1) Yolo bypass system.--The term ``Yolo Bypass System''
            means the system of weirs, levees, bypass structures, and other
            water resources development projects in California's Sacramento
            River Valley, extending from the Fremont Weir near Woodland,
            California, to the Sacramento River near Rio Vista, California,
            authorized pursuant to section 2 of the Act of March 1, 1917
            (chapter 144; 39 Stat. 949).
                (2) Yolo bypass and cache slough partnership.--The term
            ``Yolo Bypass and Cache Slough Partnership'' means the group of
            parties to the Yolo Bypass and Cache Slough Memorandum of
            Understanding, effective May 2016, regarding collaboration and
            cooperation in the Yolo Bypass and Cache Slough region.

    SEC. 210. LAKE OKEECHOBEE REGULATION SCHEDULE, FLORIDA.

        (a) In General.--In carrying out the review of the Lake Okeechobee
    regulation schedule pursuant to section 1106 of the Water Resources
    Development Act of 2018 (132 Stat. 3773), the Secretary shall--
                (1) evaluate the implications of prohibiting releases from
            Lake Okeechobee through the S-308 and S-80 lock and dam
            structures, and evaluate separately the implications of
            prohibiting high volume releases through the S-77, S-78, and S-
            79 lock and dam structures, on the operation of the lake in
            accordance with authorized purposes and seek to minimize
            unnecessary releases to coastal estuaries; and
                (2) to the maximum extent practicable, coordinate with the
            ongoing efforts of Federal and State agencies responsible for
            monitoring, forecasting, and notification of cyanobacteria
            levels in Lake Okeechobee.
        (b) Monthly Report.--Each month, the Secretary shall make public a
    report, which may be based on the Water Management Daily Operational
    Reports, disclosing the volumes of water deliveries to or discharges
    from Lake Okeechobee & Vicinity, Water Conservation Area I, Water
    Conservation Area II, Water Conservation Area III, East Coast Canals,
    and the South Dade Conveyance. Such report shall be aggregated and
    reported in a format designed for the general public, using maps or
    other widely understood communication tools.
        (c) Effect.--In carrying out the evaluation under subsection
    (a)(1), nothing shall be construed to authorize any new purpose for the
    management of Lake Okeechobee or authorize the Secretary to affect any
    existing authorized purpose, including flood protection and management
    of Lake Okeechobee to provide water supply for all authorized users.

    SEC. 211. GREAT LAKES COASTAL RESILIENCY STUDY.

        (a) In General.--In carrying out the comprehensive assessment of
    water resources needs for the Great Lakes System under section 729 of
    the Water Resources Development Act of 1986 (33 U.S.C. 2267a), as
    required by section 1219 of the Water Resources Development Act of 2018
    (132 Stat. 3811), the Secretary shall--
                (1) taking into account recent high lake levels within the
            Great Lakes, assess and make recommendations to Congress on--
                        (A) coastal storm and flood risk management
                    measures, including measures that use natural features
                    and nature-based features, as those terms are defined
                    in section 1184 of the Water Resources Development Act
                    of 2016 (33 U.S.C. 2289a);
                        (B) operation and maintenance of the Great Lakes
                    Navigation System, as such term is defined in section
                    210 of the Water Resources Development Act of 1986 (33
                    U.S.C. 2238);
                        (C) ecosystem protection and restoration;
                        (D) the prevention and control of invasive species
                    and the effects of invasive species; and
                        (E) recreation associated with water resources
                    development projects;
                (2) prioritize actions necessary to protect critical public
            infrastructure, communities, and critical natural or cultural
            resources; and
                (3) to the maximum extent practicable and where
            appropriate, utilize existing data provided to the Secretary by
            Federal and State agencies, Indian Tribes, and other
            stakeholders, including data obtained through other Federal
            programs.
        (b) Recommendations; Additional Study.--
                (1) In general.--In carrying out the comprehensive
            assessment described in subsection (a), the Secretary may make
            a recommendation to Congress for--
                        (A) the construction of a water resources
                    development project;
                        (B) the structural or operational modification of
                    an existing water resources development project;
                        (C) additional monitoring of, or adaptive
                    management measures to carry out with respect to,
                    existing water resources development projects, to
                    respond to changing hydrologic and climatic conditions;
                    or
                        (D) geographic areas within the Great Lakes System
                    for additional study by the Secretary.
                (2) Focus areas.--In addition to carrying out subsection
            (a), to contribute to the comprehensive assessment described in
            such subsection, the Secretary is authorized to conduct
            feasibility studies for--
                        (A) the project for coastal storm resiliency, Lake
                    Ontario shoreline, New York; and
                        (B) the project for coastal storm resiliency,
                    Chicago shoreline, Illinois.
                (3) Additional considerations.--Any feasibility study
            carried out pursuant to this subsection, including pursuant to
            a recommendation under paragraph (1)(D), shall be considered to
            be a continuation of the comprehensive assessment described in
            subsection (a).
        (c) Exemption From Maximum Study Cost and Duration Limitations.--
    Section 1001 of the Water Resources Reform and Development Act of 2014
    (33 U.S.C. 2282c) shall not apply to any study recommended under
    subsection (b)(1)(D) or carried out pursuant to subsection (b)(2).

    SEC. 212. REPORT ON THE STATUS OF RESTORATION IN THE LOUISIANA COASTAL
                  AREA.

        Not later than 1 year after the date of enactment of this Act, the
    Coastal Louisiana Ecosystem Protection and Restoration Task Force
    established by section 7004 of Water Resources Development Act of 2007
    (121 Stat. 1272) shall submit to Congress a report that summarizes the
    activities and recommendations of the Task Force, including--
                (1) policies, strategies, plans, programs, projects, and
            activities undertaken for addressing conservation, protection,
            restoration, and maintenance of the coastal Louisiana
            ecosystem; and
                (2) financial participation by each agency represented on
            the Task Force in conserving, protecting, restoring, and
            maintaining the coastal Louisiana ecosystem.

    SEC. 213. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.

        (a) Comprehensive Study.--
                (1) Purpose.--The Secretary, in collaboration with the
            heads of other relevant Federal agencies and pursuant to
            subsection (d)(1)(A), shall conduct a comprehensive study of
            the Lower Mississippi River basin, from Cape Girardeau,
            Missouri, to the Gulf of Mexico, to identify recommendations of
            actions to be undertaken by the Secretary, under existing
            authorities or after congressional authorization, for the
            comprehensive management of the basin for the purposes of--
                        (A) hurricane and storm damage reduction, flood
                    risk management, structural and nonstructural flood
                    control, and floodplain management strategies;
                        (B) navigation;
                        (C) ecosystem and environmental restoration;
                        (D) water supply;
                        (E) hydropower production;
                        (F) recreation; and
                        (G) other purposes as determined by the Secretary.
                (2) Development.--In conducting the comprehensive study
            under paragraph (1), the Secretary shall investigate--
                        (A) the construction of new water resources
                    development projects;
                        (B) structural and operational modifications to
                    completed water resources development projects within
                    the study area;
                        (C) projects proposed in the comprehensive coastal
                    protection master plan entitled ``Louisiana's
                    Comprehensive Master Plan for a Sustainable Coast'',
                    prepared by the State of Louisiana and accepted by the
                    Louisiana Coastal Protection and Restoration Authority
                    (including any subsequent amendments or revisions),
                    including--
                                (i) Ama sediment diversion;
                                (ii) Union freshwater diversion;
                                (iii) increase Atchafalaya flow to
                            Terrebonne; and
                                (iv) Manchac Landbridge diversion;
                        (D) natural features and nature-based features,
                    including levee setbacks and instream and floodplain
                    restoration;
                        (E) fish and wildlife habitat resources, including
                    in the Mississippi Sound Estuary, the Lake
                    Pontchartrain Basin, the Breton Sound, the Barataria
                    Basin, the Terrebonne Basin, the Atchafalaya Basin, the
                    Vermilion-Teche Basin, and other outlets of the
                    Mississippi River and Tributaries project;
                        (F) mitigation of adverse impacts from operations
                    of flood control structures to the Mississippi Sound
                    Estuary, the Lake Pontchartrain Basin, the Breton
                    Sound, the Barataria Basin, the Atchafalaya Basin, and
                    other outlets of the Mississippi River and Tributaries
                    project;
                        (G) the effects of dredging and river-bottom
                    elevation changes on drainage efficiency;
                        (H) the economic impacts of existing practices,
                    including such impacts on coastal resources;
                        (I) monitoring requirements, including as near-real
                    time monitoring as practicable, and adaptive management
                    measures to respond to changing conditions over time;
                        (J) the division of responsibilities among the
                    Federal Government and non-Federal interests with
                    respect to the purposes described in paragraph (1); and
                        (K) other matters, as determined by the Secretary.
        (b) Consultation and Use of Existing Data.--In conducting the
    comprehensive study under subsection (a), the Secretary shall consult
    with applicable Federal, State, and local agencies, Indian Tribes, non-
    Federal interests, and other stakeholders, and, to the maximum extent
    practicable and where appropriate, make use of existing data provided
    to the Secretary by such entities or from any relevant multistate
    monitoring programs.
        (c) Recommendations.--In conducting the comprehensive study under
    subsection (a), the Secretary shall develop actionable recommendations
    to Congress, including for--
                (1) the construction of new water resources development
            projects to improve the maximum effective river resource use
            and control;
                (2) the structural or operational modification of completed
            water resources development projects;
                (3) such additional monitoring of, or adaptive management
            measures to carry out with respect to, completed water
            resources development projects, to respond to changing
            conditions;
                (4) improving the efficiency of operational and maintenance
            dredging within the study area;
                (5) whether changes are necessary to the Mississippi River
            and Tributaries project within the study area;
                (6) other Federal and non-Federal action, where
            appropriate; and
                (7) follow-up studies and data collection and monitoring to
            be carried out by the relevant Federal or State agency.
        (d) Completion of Study; Report to Congress.--
                (1) Annual reports.--Not later than 1 year after the date
            of enactment of this Act, and annually thereafter until the
            final report under paragraph (2) is submitted, the Secretary
            shall submit to the Committee on Transportation and
            Infrastructure of the House of Representatives and the
            Committee on Environment and Public Works of the Senate a
            report detailing--
                        (A) any interim actions relating to water resources
                    development projects within the study area undertaken
                    by the Secretary under existing authority; and
                        (B) any recommendations developed under subsection
                    (c).
                (2) Final report.--Not later than 5 years after the date of
            enactment of this section, the Secretary shall submit to the
            Committee on Transportation and Infrastructure of the House of
            Representatives and the Committee on Environment and Public
            Works of the Senate a final report detailing the results of the
            comprehensive study required by this section, including the
            recommendations developed under subsection (c).
                (3) Application of certain requirements.--Section 1001(a)
            of the Water Resources Reform and Development Act of 2014 (33
            U.S.C. 2282c(a)) shall not apply to the study carried out by
            the Secretary under this section.
        (e) Further Analysis.--
                (1) In general.--In conducting the comprehensive study
            under subsection (a), the Secretary shall carry out activities
            in geographic areas that warrant additional analysis by the
            Corps of Engineers, including feasibility studies.
                (2) Treatment.--A feasibility study carried out under
            paragraph (1) shall be considered to be a continuation of the
            comprehensive study conducted under subsection (a).
        (f) Requirements.--The comprehensive study conducted under
    subsection (a) shall be carried out in accordance with the authorities
    for the Mississippi River and Tributaries project.
        (g) Definitions.--In this section:
                (1) Mississippi river and tributaries project.--The term
            ``Mississippi River and Tributaries project'' means the
            Mississippi River and Tributaries project authorized by the
            first section of the Act of May 15, 1928 (33 U.S.C. 702a).
                (2) Natural feature; nature-based feature.--The terms
            ``natural feature'' and ``nature-based feature'' have the
            meanings given those terms in section 1184 of the Water
            Resources Development Act of 2016 (33 U.S.C. 2289a).
        (h) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $25,000,000, to remain available
    until expended.
        (i) Savings Provision.--Nothing in this section shall delay or
    interfere with, or be construed as grounds for enjoining construction
    of, authorized projects within the study area.

    SEC. 214. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.

        (a) Assessment.--The Secretary shall conduct an assessment of the
    water resources needs of the Upper Mississippi River under section 729
    of the Water Resources Development Act of 1986 (33 U.S.C. 2267a).
        (b) Requirements.--The Secretary shall carry out the assessment
    under subsection (a) in accordance with the requirements in section
    1206(b) of Water Resources Development Act of 2016 (130 Stat. 1686).

    SEC. 215. UPPER MISSOURI RIVER BASIN MAINSTEM DAM FISH LOSS RESEARCH.

        (a) In General.--Pursuant to section 22 of the Water Resources
    Development Act of 1974 (42 U.S.C. 1962d-16), the Secretary shall
    conduct research on the management of fish losses through the mainstem
    dams of the Missouri River Basin during periods of high flow.
        (b) Contents.--The research conducted under subsection (a) shall
    include an examination of--
                (1) the effects of high flow rates through Upper Missouri
            River Basin mainstem dam outlet works on fish passage;
                (2) options used by other Corps of Engineers district
            offices to mitigate fish losses through dams; and
                (3) the feasibility of implementing fish loss mitigation
            options in the Upper Missouri River Basin mainstem dams, based
            on similar ongoing studies.
        (c) Report.--Not later than 18 months after the date of enactment
    of this Act, the Secretary shall submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Environment and Public Works of the Senate a report
    recommending a plan to address fish losses through mainstem dams in the
    Upper Missouri River Basin.

    SEC. 216. LOWER AND UPPER MISSOURI RIVER COMPREHENSIVE FLOOD
                  PROTECTION.

        (a) Additional Studies for Lower Missouri River Basin.--
                (1) In general.--Except as provided in paragraph (2), upon
            the request of the non-Federal interest for the Lower Missouri
            Basin study, the Secretary shall expand the scope of such study
            to investigate and provide recommendations relating to--
                        (A) modifications to projects in Iowa, Kansas,
                    Nebraska, and Missouri authorized under the Pick-Sloan
                    Missouri River Basin Program (authorized by section
                    9(b) of the Act of December 22, 1944 (chapter 665, 58
                    Stat. 891)) and the Missouri River Bank Stabilization
                    and Navigation project (authorized by section 2 of the
                    Act of March 2, 1945 (chapter 19, 59 Stat. 19)),
                    including modifications to the authorized purposes of
                    such projects to further flood risk management and
                    resiliency; and
                        (B) modifications to non-Federal, publicly owned
                    levees in the Lower Missouri River Basin.
                (2) Exception.--If the Secretary determines that expanding
            the scope of the Lower Missouri Basin study as provided in
            paragraph (1) is not practicable, and the non-Federal interest
            for such study concurs in such determination, the Secretary
            shall carry out such additional studies as are necessary to
            investigate the modifications described in paragraph (1).
                (3) Continuation of lower missouri basin study.--The
            following studies shall be considered a continuation of the
            Lower Missouri Basin study:
                        (A) Any additional study carried out under
                    paragraph (2).
                        (B) Any study recommended to be carried out in a
                    report that the Chief of Engineers prepares for the
                    Lower Missouri Basin study.
                        (C) Any study recommended to be carried out in a
                    report that the Chief of Engineers prepares for an
                    additional study carried out under paragraph (2).
                        (D) Any study spun off from the Lower Missouri
                    Basin study before the completion of such study.
                        (E) Any study spun off from an additional study
                    carried out under paragraph (2) before the completion
                    of such additional study.
                (4) Reliance on existing information.--In carrying out any
            study described in or authorized by this subsection, the
            Secretary, to the extent practicable, shall rely on existing
            data and analysis, including data and analysis prepared under
            section 22 of the Water Resources Development Act of 1974 (42
            U.S.C. 1962d-16).
                (5) Consideration; consultation.--In developing
            recommendations under paragraph (1), the Secretary shall--
                        (A) consider the use of--
                                (i) structural and nonstructural measures,
                            including the setting back of levees and
                            removing structures from areas of recurring
                            flood vulnerability, where advantageous, to
                            reduce flood risk and damages in the Lower
                            Missouri River Basin; and
                                (ii) where such features are locally
                            acceptable, natural features or nature-based
                            features (as such terms are defined in section
                            1184 of the Water Resources Development Act of
                            2016 (33 U.S.C. 2289a); and
                        (B) consult with applicable Federal and State
                    agencies, Indian Tribes, and other stakeholders within
                    the Lower Missouri River Basin and solicit public
                    comment on such recommendations.
                (6) Exemption from maximum study cost and duration
            limitations.--Section 1001 of the Water Resources Reform and
            Development Act of 2014 (33 U.S.C. 2282c) shall not apply to
            the Lower Missouri Basin study or any study described in
            paragraph (3).
                (7) Preconstruction, engineering, and design.--Upon
            completion of a study authorized by this subsection, if the
            Secretary determines that a recommended project, or
            modification to a project described in paragraph (1), is
            justified, the Secretary may proceed directly to
            preconstruction planning, engineering, and design of the
            project or modification.
                (8) Technical assistance.--
                        (A) In general.--For the provision of technical
                    assistance to support small communities and
                    economically disadvantaged communities in the planning
                    and design of flood risk management and flood risk
                    resiliency projects in the Lower Missouri River Basin,
                    for each of fiscal years 2021 through 2026, there are
                    authorized to be appropriated--
                                (i) $2,000,000 to carry out section 206 of
                            the Flood Control Act of 1960 (33 U.S.C. 709a),
                            in addition to amounts otherwise authorized to
                            carry out such section; and
                                (ii) $2,000,000 to carry out section
                            22(a)(2) of the Water Resources Development Act
                            of 1974 (42 U.S.C. 1962d-16), in addition to
                            amounts otherwise authorized to carry out such
                            section.
                        (B) Conditions.--
                                (i) Limitations not applicable.--The
                            limitations on the use of funds in section
                            206(d) of the Flood Control Act of 1960 and
                            section 22(c)(2) of the Water Resources
                            Development Act of 1974 shall not apply to the
                            amounts authorized to be appropriated by
                            subparagraph (A).
                                (ii) Rule of construction.--Nothing in this
                            paragraph restricts the authority of the
                            Secretary to use any funds otherwise
                            appropriated to carry out section 206 of the
                            Flood Control Act of 1960 or section 22(a)(2)
                            of the Water Resources Development Act of 1974
                            to provide technical assistance described in
                            subparagraph (A).
                (9) Completion of study; report to congress.--Not later
            than 3 years after the date of enactment of this Act, the
            Secretary shall submit to the Committee on Transportation and
            Infrastructure of the House of Representatives and the
            Committee on Environment and Public Works of the Senate a
            report detailing--
                        (A) the results of the study authorized by this
                    subsection;
                        (B) any additional, site-specific areas within the
                    Lower Missouri River Basin for which additional study
                    for flood risk management projects is recommended by
                    the Secretary; and
                        (C) any interim actions relating to existing water
                    resources development projects in the Lower Missouri
                    River Basin undertaken by the Secretary during the
                    study period.
                (10) Definitions.--In this subsection:
                        (A) Lower missouri basin study.--The term ``Lower
                    Missouri Basin study'' means the Lower Missouri Basin
                    Flood Risk and Resiliency Study, Iowa, Kansas,
                    Nebraska, and Missouri, authorized pursuant to section
                    216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
                        (B) Small community.--The term ``small community''
                    means a local government that serves a population of
                    less than 15,000.
        (b) Upper Missouri River Basin Comprehensive Study.--
                (1) In general.--The Secretary, in collaboration with the
            heads of other relevant Federal agencies, shall conduct a
            comprehensive study to address flood risk in areas affected by
            severe flooding in 2019 along the Upper Missouri River,
            including an examination of--
                        (A) the use of structural and nonstructural flood
                    control and floodplain management strategies, including
                    the consideration of natural features or nature-based
                    features (as such terms are defined in section 1184 of
                    the Water Resources Development Act of 2016 (33 U.S.C.
                    2289a);
                        (B) continued operation and maintenance of the
                    navigation project;
                        (C) management of bank caving and erosion;
                        (D) maintenance of water supply;
                        (E) fish and wildlife habitat management;
                        (F) recreation needs;
                        (G) environmental restoration needs;
                        (H) the division of responsibilities of the Federal
                    Government and non-Federal interests with respect to
                    Missouri River flooding;
                        (I) the roles and responsibilities of Federal
                    agencies with respect to Missouri River flooding; and
                        (J) any other related matters, as determined by the
                    Secretary.
                (2) Recommendations.--In conducting the study under this
            subsection, the Secretary may develop recommendations to
            Congress for--
                        (A) the construction of a water resources
                    development project;
                        (B) the structural or operational modification of
                    an existing water resources development project;
                        (C) such additional monitoring of, or adaptive
                    management measures to carry out with respect to,
                    existing water resources development projects, to
                    respond to changing conditions;
                        (D) geographic areas within the Upper Missouri
                    River basin for additional study by the Secretary;
                        (E) management plans and actions to be carried out
                    by the responsible Federal agencies to reduce flood
                    risk and improve resiliency;
                        (F) any necessary changes to the general
                    comprehensive plan for flood control and other purposes
                    in the Missouri River Basin under section 4 of the Act
                    of June 28, 1938 (chapter 795, 52 Stat. 1218; 58 Stat.
                    891); and
                        (G) follow-up studies for problem areas for which
                    data or current technology does not allow immediate
                    solutions.
                (3) Completion of study; report to congress.--Not later
            than 3 years after the date of enactment of this subsection,
            the Secretary shall submit to the Committee on Transportation
            and Infrastructure of the House of Representatives and the
            Committee on Environment and Public Works of the Senate a
            report that--
                        (A) contains the results of the comprehensive study
                    required by this subsection, including any
                    recommendations developed under paragraph (2);
                        (B) addresses--
                                (i) the potential for the transfer of flood
                            risk between and within the Upper and Lower
                            Missouri River basins with respect to any
                            changes recommended pursuant to paragraph
                            (2)(F);
                                (ii) adverse impacts to navigation and
                            other authorized purposes of the applicable
                            Missouri River project with respect to any
                            changes recommended under paragraph (2)(F); and
                                (iii) whether there are opportunities for
                            increased non-Federal management in the Upper
                            Missouri River Basin;
                        (C) recognizes--
                                (i) the interest and rights of States in--
                                        (I) determining the development of
                                    watersheds within the borders of the
                                    State; and
                                        (II) water utilization and control;
                                    and
                                (ii) the primary responsibilities of States
                            and local interests in developing water
                            supplies for domestic, municipal, industrial,
                            and other purposes; and
                        (D) describes any interim actions relating to
                    existing water resources development projects in the
                    Upper Missouri River Basin undertaken by the Secretary
                    during the study period.
                (4) Consultation.--In carrying out this subsection, the
            Secretary shall consult with applicable Federal and State
            agencies, Indian Tribes, and other stakeholders within the
            Upper Missouri River Basin and solicit public comment.
                (5) Reliance on existing information.--In carrying out any
            study described in or authorized by this subsection, the
            Secretary, to the extent practicable, shall rely on existing
            data and analysis, including data and analysis prepared under
            section 22 of the Water Resources Development Act of 1974 (42
            U.S.C. 1962d-16).
                (6) Exemption from maximum study cost and duration
            limitations.--Section 1001 of the Water Resources Reform and
            Development Act of 2014 (33 U.S.C. 2282c) shall not apply to
            the comprehensive study carried out under this section or any
            feasibility study described in paragraph (7).
                (7) Additional considerations.--Any feasibility study
            carried out pursuant to a recommendation included in the report
            submitted under this subsection shall be considered to be a
            continuation of the comprehensive study required under
            paragraph (1).
                (8) Definition.--In this subsection, the term ``Missouri
            River project'' means a project constructed as part of--
                        (A) the Pick-Sloan Missouri River Basin Program
                    (authorized by section 9(b) of the Act of December 22,
                    1944 (chapter 665, 58 Stat. 891)), located in the
                    States of Wyoming, Montana, North Dakota, or South
                    Dakota;
                        (B) the Missouri River Bank Stabilization and
                    Navigation project (authorized by section 2 of the Act
                    of March 2, 1945 (chapter 19, 59 Stat. 19)); or
                        (C) a non-Federal, publicly owned levee system
                    located within the Upper Missouri River Basin.
        (c) Coordination.--Upon completion of the studies under subsections
    (a) and (b), the Secretary shall develop a strategy that, to the
    maximum extent practicable, coordinates and aligns the results of such
    studies.

    SEC. 217. PORTSMOUTH HARBOR AND PISCATAQUA RIVER AND RYE HARBOR, NEW
                  HAMPSHIRE.

        (a) Requirement to Expedite.--The Secretary shall expedite
    authorized activities to address the impacts of shoaling affecting the
    project for navigation, Rye Harbor, New Hampshire, authorized by
    section 101 of the River and Harbor Act of 1960 (74 Stat. 480).
        (b) Status Update.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall submit to Congress a written
    status update regarding--
                (1) the activities required to be expedited under
            subsection (a); and
                (2) the project for navigation, Portsmouth Harbor and
            Piscataqua River, authorized by section 101 of the River and
            Harbor Act of 1962 (76 Stat. 1173), as required to be expedited
            under section 1317 of the Water Resources Development Act of
            2018 (132 Stat. 3823).

    SEC. 218. COUGAR AND DETROIT DAMS, WILLAMETTE RIVER BASIN, OREGON.

        (a) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Transportation
    and Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate, and make publicly
    available, a report providing an initial analysis of deauthorizing
    hydropower as a project purpose at the Cougar and Detroit Dams project.
        (b) Contents.--The Secretary shall include in the report submitted
    under subsection (a)--
                (1) a description of the potential effects of deauthorizing
            hydropower as a project purpose at the Cougar and Detroit Dams
            project on--
                        (A) the operation of the project, including with
                    respect to the other authorized purposes of the
                    project;
                        (B) compliance of the project with the Endangered
                    Species Act;
                        (C) costs that would be attributed to other
                    authorized purposes of the project, including costs
                    relating to compliance with such Act; and
                        (D) other ongoing studies in the Willamette River
                    Basin; and
                (2) identification of any further research needed.
        (c) Project Defined.--In this section, the terms ``Cougar and
    Detroit Dams project'' and ``project'' mean the Cougar Dam and
    Reservoir project and Detroit Dam and Reservoir project, Willamette
    River Basin, Oregon, authorized by section 204 of the Flood Control Act
    of 1950 (64 Stat. 179), and facilities that operate in conjunction with
    the main Detroit Dam facility, including the Big Cliff re-regulating
    dam.

    SEC. 219. PORT ORFORD, OREGON.

        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall, at Federal expense, submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Environment and Public Works of the Senate a summary
    report on the research completed and data gathered by the date of
    enactment of this Act with regards to the configuration of a breakwater
    for the project for navigation, Port Orford, Oregon, authorized by
    section 117 of the River and Harbor Act of 1970 (84 Stat. 1822; 106
    Stat. 4809), for the purposes of addressing shoaling issues to minimize
    long-term maintenance costs.

    SEC. 220. WILSON CREEK AND SLOAN CREEK, FAIRVIEW, TEXAS.

        Not later than 180 days after the date of enactment of this
    section, the Secretary shall submit to Congress a written status update
    regarding efforts to address flooding along Wilson Creek and Sloan
    Creek in the City of Fairview, Texas.

    SEC. 221. STUDY ON WATER SUPPLY AND WATER CONSERVATION AT WATER
                  RESOURCES DEVELOPMENT PROJECTS.

        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Secretary shall submit to the Committee on
    Transportation and Infrastructure of the House of the Representatives
    and the Committee on Environment and Public Works of the Senate a
    report that analyzes the benefits and consequences of including water
    supply and water conservation as a primary mission of the Corps of
    Engineers in carrying out water resources development projects.
        (b) Inclusion.--The Secretary shall include in the report submitted
    under subsection (a)--
                (1) a description of existing water resources development
            projects with water supply or water conservation as authorized
            purposes, and the extent to which such projects are utilized
            for such purposes;
                (2) a description of existing water resources development
            projects with respect to which--
                        (A) water supply or water conservation could be
                    added as a project purpose, including those with
                    respect to which a non-Federal interest has expressed
                    an interest in adding water supply or water
                    conservation as a project purpose; and
                        (B) such a purpose could be accommodated while
                    maintaining existing authorized purposes;
                (3) a description of ongoing water resources development
            project studies the authorizations for which include
            authorization for the Secretary to study the feasibility of
            carrying out the project with a purpose of water supply or
            water conservation;
                (4) an analysis of how adding water supply and water
            conservation as a primary mission of the Corps of Engineers
            would affect the ability of the Secretary to carry out future
            water resources development projects; and
                (5) any recommendations of the Secretary relating to
            including water supply and water conservation as a primary
            mission of the Corps of Engineers.

    SEC. 222. REPORT TO CONGRESS ON AUTHORIZED STUDIES AND PROJECTS.

        (a) In General.--Not later than February 1 of each year, the
    Secretary shall develop and submit to Congress an annual report, to be
    entitled ``Report to Congress on Authorized Water Resources Development
    Projects and Studies'', that identifies--
                (1) ongoing or new feasibility studies, authorized within
            the previous 20 years, for which a Report of the Chief of
            Engineers has not been issued;
                (2) authorized feasibility studies for projects in the
            preconstruction, engineering and design phase;
                (3) ongoing or new water resources development projects
            authorized for construction within the previous 20 years; and
                (4) authorized and constructed water resources development
            projects the Secretary has the responsibility to operate or
            maintain.
        (b) Contents.--
                (1) Inclusions.--
                        (A) Criteria.--The Secretary shall include in each
                    report submitted under this section only a feasibility
                    study or water resources development project--
                                (i) that has been authorized by Congress to
                            be carried out by the Secretary and does not
                            require any additional congressional
                            authorization to be carried out;
                                (ii) that the Secretary has the capability
                            to carry out if funds are appropriated for such
                            study or project under any of the
                            ``Investigations'', ``Construction'',
                            ``Operation and Maintenance'', or ``Mississippi
                            River and Tributaries'' appropriations accounts
                            for the Corps of Engineers; and
                                (iii) for which a non-Federal interest--
                                        (I) in the case of a study or a
                                    project other than a project for which
                                    funds may be appropriated for operation
                                    and maintenance, has entered into a
                                    feasibility cost-sharing agreement,
                                    design agreement, or project
                                    partnership agreement with the Corps of
                                    Engineers, or has informed the
                                    Secretary that the non-Federal interest
                                    has the financial capability to enter
                                    into such an agreement within 1 year;
                                    and
                                        (II) demonstrates the legal and
                                    financial capability to satisfy the
                                    requirements for local cooperation with
                                    respect to the study or project.
                        (B) Description of benefits.--
                                (i) Description.--The Secretary shall, to
                            the maximum extent practicable, describe in
                            each report submitted under this section the
                            benefits, as described in clause (ii), of each
                            feasibility study and water resources
                            development project included in the report.
                                (ii) Benefits.--The benefits referred to in
                            clause (i) are benefits to--
                                        (I) the protection of human life
                                    and property;
                                        (II) improvement to transportation;
                                        (III) the national, regional, or
                                    local economy;
                                        (IV) the environment; or
                                        (V) the national security interests
                                    of the United States.
                (2) Transparency.--The Secretary shall include in each
            report submitted under this section, for each feasibility study
            and water resources development project included in the
            report--
                        (A) the name of the associated non-Federal
                    interest, including the name of any non-Federal
                    interest that has contributed, or is expected to
                    contribute, a non-Federal share of the cost of the
                    study or project;
                        (B) the purpose of the study or project;
                        (C) an estimate, to the extent practicable, of the
                    Federal, non-Federal, and total costs of the study or
                    project, including, to the extent practicable, the
                    fully funded capability of the Corps of Engineers for--
                                (i) the 3 fiscal years following the fiscal
                            year in which the report is submitted, in the
                            case of a feasibility study; and
                                (ii) the 5 fiscal years following the
                            fiscal year in which the report is submitted,
                            in the case of a water resources development
                            project; and
                        (D) an estimate, to the extent practicable, of the
                    monetary and nonmonetary benefits of the study or
                    project.
                (3) Certification.--The Secretary shall include in each
            report submitted under this section a certification stating
            that each feasibility study or water resources development
            project included in the report meets the criteria described in
            paragraph (1)(A).
                (4) Omissions.--
                        (A) Limitation.--The Secretary shall not omit from
                    a report submitted under this section a study or
                    project that otherwise meets the criteria for inclusion
                    in the report solely on the basis of a policy of the
                    Secretary.
                        (B) Appendix.--If the Secretary omits from a report
                    submitted under this section a study or project that
                    otherwise meets the criteria for inclusion in the
                    report, the Secretary shall include with the report an
                    appendix that lists the name of the study or project
                    and reason for its omission.
        (c) Submission to Congress; Publication.--
                (1) Submission to congress.--The Secretary may submit a
            report under this section in conjunction with the submission of
            the annual report under section 7001 of the Water Resources
            Reform and Development Act of 2014 (33 U.S.C. 2282d).
                (2) Publication.--On submission of each report under this
            section, the Secretary shall make the report publicly
            available, including through publication on the internet.
        (d) Definitions.--In this section:
                (1) Non-federal interest.--The term ``non-Federal
            interest'' has the meaning given that term in section 221 of
            the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
                (2) Water resources development project.--The term ``water
            resources development project'' includes a separable element of
            a project, a project under an environmental infrastructure
            assistance program, and a project the authorized purposes of
            which include water supply.

    SEC. 223. COMPLETION OF REPORTS AND MATERIALS.

        (a) In General.--Using available appropriations, not later than 180
    days after the date of enactment of this section, the Secretary shall
    complete and submit to Congress the following materials:
                (1) The report required by section 1211 of the Water
            Resources Development Act of 2018 (132 Stat. 3808).
                (2) Implementation guidance for the amendments made by
            section 1176 of the Water Resources Development Act of 2016
            (130 Stat. 1673).
                (3) Implementation guidance for the amendments made by
            section 3029(a) of the Water Resources Reform and Development
            Act of 2014 (128 Stat. 1305).
                (4) Any other report or other material required to be
            submitted to Congress by any of the following Acts (including
            by amendments made by such Acts) that has not been so submitted
            by the date of enactment of this section:
                        (A) The Water Resources Reform and Development Act
                    of 2014 (Public Law 113-121).
                        (B) The Water Resources Development Act of 2016
                    (Public Law 114-322).
                        (C) The Water Resources Development Act of 2018
                    (Public Law 115-270).
        (b) Use of Existing Data.--To the extent practicable and
    appropriate, the Secretary shall use existing data in completing any
    materials described in subsection (a).
        (c) Failure To Submit.--If the Secretary fails to submit materials
    as required by this section, the Secretary shall immediately inform the
    Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives, in writing, of the specific reasons for such failure
    and a timeline for submission of the delinquent materials.
        (d) Implementation Guidance.--The Secretary shall expeditiously
    issue any guidance necessary to implement any provision of this Act,
    including any amendments made by this Act, in accordance with section
    1105 of the Water Resources Development Act of 2018 (33 U.S.C. 2202).

    SEC. 224. EMERGENCY FLOODING PROTECTION FOR LAKES.

        The Secretary shall submit to Congress a report on the extent to
    which section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), applies
    to lakes, including lakes with the flow of a slow-moving river,
    including, if applicable, recommendations for legislative changes to
    ensure that such lakes are eligible for the program carried out
    pursuant to such section.

    SEC. 225. REPORT ON DEBRIS REMOVAL.

        Section 1210 of the Water Resources Development Act of 2018 (132
    Stat. 3808) is amended to read as follows:

    ``SEC. 1210. REPORT ON DEBRIS REMOVAL.

        ``(a) In General.--Not later than 180 days after the date of
    enactment of the Water Resources Development Act of 2020, the Secretary
    shall submit to Congress and make publicly available a report that
    describes--
                ``(1) the extent to which, during the 10 fiscal years prior
            to such date of enactment, the Secretary has carried out
            section 3 of the Act of March 2, 1945 (33 U.S.C. 603a);
                ``(2) how the Secretary has evaluated potential work to be
            carried out under that section; and
                ``(3) the extent to which the Secretary plans to start,
            continue, or complete debris removal activities in the 3 years
            following submission of the report.
        ``(b) Focus Areas.--The Secretary shall include in the report
    submitted under subsection (a)--
                ``(1) identification of the debris removal activities to be
            started, continued, or completed during the first fiscal year
            following the date of enactment of this subsection within the
            boundaries of the North Atlantic Division of the Corps of
            Engineers;
                ``(2) the estimated total costs and completion dates for
            such activities; and
                ``(3) identification of the non-Federal interest associated
            with such activities.''.

    SEC. 226. REPORT ON ANTECEDENT HYDROLOGIC CONDITIONS.

        (a) Report.--
                (1) In general.--Not later than 18 months after the date of
            enactment of this Act, the Secretary shall submit to the
            Committee on Environment and Public Works of the Senate and the
            Committee on Transportation and Infrastructure of the House of
            Representatives a report on the use by the Corps of Engineers
            since 2010 of data relating to antecedent hydrologic conditions
            in the Missouri River Basin (including soil moisture
            conditions, frost depths, snowpack, and streamflow conditions)
            in--
                        (A) conducting Missouri River mainstem reservoir
                    operations under the Missouri River Master Manual;
                        (B) developing related annual operating plans; and
                        (C) performing seasonal, monthly, and daily
                    operations.
                (2) Inclusions.--The report submitted under paragraph (1)
            shall include--
                        (A) a review of--
                                (i) the approach of the Corps of Engineers
                            to forecasting basin runoff in developing
                            annual operating plans of the Corps of
                            Engineers;
                                (ii) the assessment of existing and
                            alternative algorithms that could improve basin
                            runoff forecasting;
                                (iii) the approach of the Corps of
                            Engineers for reservoir releases in the winter,
                            spring, summer, and fall, based on basin runoff
                            forecasts;
                                (iv) the technical report of the Corps of
                            Engineers entitled ``Long-Term Runoff
                            Forecasting'', dated February, 2017;
                                (v) the use by the Corps of Engineers of
                            data from Federal and State entities in basin
                            runoff forecasts; and
                                (vi) the use by the Corps of Engineers of
                            advanced data collection, including through the
                            use of unmanned aerial systems, forecasting,
                            and modeling;
                        (B) findings and recommendations on how to best
                    incorporate antecedent basin conditions in annual
                    operating plans and Missouri River mainstem reservoir
                    operations; and
                        (C) the results of the peer review conducted under
                    subsection (b).
        (b) Peer Review.--The Secretary shall seek to enter into an
    agreement with the National Academy of Sciences or a similar
    independent scientific and technical advisory organization to establish
    a panel of experts to conduct a peer review of the report to be
    submitted under subsection (a).
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary--
                (1) $5,000,000 to carry out subsection (a); and
                (2) $5,000,000 to carry out subsection (b).

    SEC. 227. SUBSURFACE DRAIN SYSTEMS RESEARCH AND DEVELOPMENT.

        Subject to the availability of appropriations, the Secretary,
    acting through the Director of the Engineer Research and Development
    Center and, where appropriate, in consultation with other Federal
    agencies, shall carry out research and development activities relating
    to the use of subsurface drain systems as--
                (1) a flood risk-reduction measure; or
                (2) a coastal storm risk-reduction measure.

    SEC. 228. REPORT ON CORROSION PREVENTION ACTIVITIES.

        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate, and make publicly
    available, a report that describes--
                (1) the extent to which the Secretary has carried out
            section 1033 of the Water Resources Reform and Development Act
            of 2014 (33 U.S.C. 2350);
                (2) the extent to which the Secretary has incorporated
            corrosion prevention activities (as defined in such section) at
            water resources development projects constructed or maintained
            by the Secretary since the date of enactment of such section;
            and
                (3) in instances where the Secretary has not incorporated
            corrosion prevention activities at such water resources
            development projects since such date, an explanation as to why
            such corrosion prevention activities have not been
            incorporated.

    SEC. 229. ANNUAL REPORTING ON DISSEMINATION OF INFORMATION.

        Section 1104(b) of the Water Resources Development Act of 2018 (33
    U.S.C. 2282d note) is amended--
                (1) by redesignating paragraphs (1) through (4) as
            subparagraphs (A) through (D), respectively, and indenting
            appropriately;
                (2) in the matter preceding subparagraph (A) (as so
            redesignated), by striking ``The Secretary'' and inserting the
            following:
                ``(1) In general.--The Secretary''; and
                (3) by adding at the end the following:
                ``(2) Annual reporting.--Not less frequently than annually,
            the Secretary shall provide to the Committee on Environment and
            Public Works of the Senate and the Committee on Transportation
            and Infrastructure of the House of Representatives a written
            update on the progress of the implementation of paragraph (1),
            including a description of each education and outreach action
            the Secretary is taking to implement that paragraph.
                ``(3) Guidance; compliance.--The Secretary shall--
                        ``(A) issue guidance on the uniform implementation
                    by each district of the Corps of Engineers of the
                    process for submitting proposals under section 7001 of
                    the Water Resources Reform and Development Act of 2014
                    (33 U.S.C. 2282d); and
                        ``(B) each year, ensure compliance with the
                    guidance issued under subparagraph (A).''.

    SEC. 230. REPORT ON BENEFITS CALCULATION FOR FLOOD CONTROL STRUCTURES.

        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall submit to the Committee on Environment and Public
    Works of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report on the extent
    to which flood insurance premium reductions that result from
    implementation of a flood risk management project, including structural
    elements, nonstructural elements, or natural features or nature-based
    features, are included in the calculation of the benefits of the
    project by the Corps of Engineers.

                 TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS

    SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.

        (a) Purposes.--The purposes of this section are--
                (1) to identify water resources development projects
            authorized by Congress that are no longer viable for
            construction due to--
                        (A) a lack of local support;
                        (B) a lack of available Federal or non-Federal
                    resources; or
                        (C) an authorizing purpose that is no longer
                    relevant or feasible;
                (2) to create an expedited and definitive process for
            Congress to deauthorize water resources development projects
            that are no longer viable for construction; and
                (3) to allow the continued authorization of water resources
            development projects that are viable for construction.
        (b) Proposed Deauthorization List.--
                (1) Preliminary list of projects.--
                        (A) In general.--The Secretary shall develop a
                    preliminary list of each water resources development
                    project, or separable element of a project, authorized
                    for construction before November 8, 2007, for which--
                                (i) planning, design, or construction was
                            not initiated before the date of enactment of
                            this Act; or
                                (ii) planning, design, or construction was
                            initiated before the date of enactment of this
                            Act, but for which no funds, Federal or non-
                            Federal, were obligated for planning, design,
                            or construction of the project or separable
                            element of the project during the current
                            fiscal year or any of the 10 preceding fiscal
                            years.
                        (B) Use of comprehensive construction backlog and
                    operation and maintenance report.--The Secretary may
                    develop the preliminary list from the comprehensive
                    construction backlog and operation and maintenance
                    reports developed pursuant to section 1001(b)(2) of the
                    Water Resources Development Act of 1986 (33 U.S.C.
                    579a).
                        (C) Exclusions.--The Secretary shall not include on
                    the preliminary list--
                                (i) an environmental infrastructure
                            assistance project authorized to be carried out
                            by the Secretary (including a project
                            authorized pursuant to an environmental
                            assistance program); or
                                (ii) a project or separable element of a
                            project authorized as part of the Comprehensive
                            Everglades Restoration Plan described in
                            section 601 of the Water Resources Development
                            Act of 2000 (114 Stat. 2680).
                (2) Preparation of proposed deauthorization list.--
                        (A) Deauthorization amount.--The Secretary shall
                    prepare a proposed list of projects for deauthorization
                    comprised of a subset of projects and separable
                    elements identified on the preliminary list developed
                    under paragraph (1) that have, in the aggregate, an
                    estimated Federal cost to complete that is at least
                    $10,000,000,000.
                        (B) Determination of federal cost to complete.--For
                    purposes of subparagraph (A), the Federal cost to
                    complete shall take into account any allowances
                    authorized by section 902 of the Water Resources
                    Development Act of 1986 (33 U.S.C. 2280), as applied to
                    the most recent project schedule and cost estimate.
                        (C) Inclusion of deauthorization of antiquated
                    projects.--The Secretary shall reduce the amount
                    identified for deauthorization under paragraph (2)(A)
                    by an amount equivalent to the estimated current value
                    of each project, or separable element of a project,
                    that is deauthorized by subsection (f).
                (3) Sequencing of projects.--
                        (A) In general.--The Secretary shall identify
                    projects and separable elements for inclusion on the
                    proposed list of projects for deauthorization under
                    paragraph (2) according to the order in which the
                    projects and separable elements were authorized,
                    beginning with the earliest authorized projects and
                    separable elements and ending with the latest project
                    or separable element necessary to meet the aggregate
                    amount under paragraph (2)(A).
                        (B) Factors to consider.--The Secretary may
                    identify projects and separable elements in an order
                    other than that established by subparagraph (A) if the
                    Secretary determines, on a case-by-case basis, that a
                    project or separable element is critical for interests
                    of the United States, based on the possible impact of
                    the project or separable element on public health and
                    safety, the national economy, or the environment.
                (4) Public comment and consultation.--
                        (A) In general.--The Secretary shall solicit
                    comments from the public and the Governors of each
                    applicable State on the proposed deauthorization list
                    prepared under paragraph (2)(A).
                        (B) Comment period.--The public comment period
                    shall be 90 days.
                (5) Preparation of final deauthorization list.--
                        (A) In general.--The Secretary shall prepare a
                    final deauthorization list by--
                                (i) considering any comments received under
                            paragraph (4); and
                                (ii) revising the proposed deauthorization
                            list prepared under paragraph (2)(A) as the
                            Secretary determines necessary to respond to
                            such comments.
                        (B) Appendix.--The Secretary shall include as part
                    of the final deauthorization list an appendix that--
                                (i) identifies each project or separable
                            element on the proposed deauthorization list
                            that is not included on the final
                            deauthorization list; and
                                (ii) describes the reasons why the project
                            or separable element is not included on the
                            final deauthorization list.
        (c) Submission of Final Deauthorization List to Congress for
    Congressional Review; Publication.--
                (1) In general.--Not later than 90 days after the date of
            the close of the comment period under subsection (b)(4), the
            Secretary shall--
                        (A) submit the final deauthorization list and
                    appendix prepared under subsection (b)(5) to the
                    Committee on Transportation and Infrastructure of the
                    House of Representatives and the Committee on
                    Environment and Public Works of the Senate; and
                        (B) publish the final deauthorization list and
                    appendix in the Federal Register.
                (2) Exclusions.--The Secretary shall not include in the
            final deauthorization list submitted under paragraph (1) any
            project or separable element with respect to which Federal
            funds for planning, design, or construction are obligated after
            the development of the preliminary list under subsection
            (b)(1)(A) but prior to the submission of the final
            deauthorization list under paragraph (1)(A) of this subsection.
        (d) Deauthorization; Congressional Review.--
                (1) In general.--After the expiration of the 2-year period
            beginning on the date of publication of the final
            deauthorization list and appendix under subsection (c)(1)(B), a
            project or separable element of a project identified in the
            final deauthorization list is hereby deauthorized, unless
            Congress passes a joint resolution disapproving the final
            deauthorization list prior to the end of such period.
                (2) Non-federal contributions.--
                        (A) In general.--A project or separable element of
                    a project identified in the final deauthorization list
                    under subsection (c) shall not be deauthorized under
                    this subsection if, before the expiration of the 2-year
                    period referred to in paragraph (1), the non-Federal
                    interest for the project or separable element of the
                    project provides sufficient funds to complete the
                    project or separable element of the project.
                        (B) Treatment of projects.--Notwithstanding
                    subparagraph (A), each project and separable element of
                    a project identified in the final deauthorization list
                    shall be treated as deauthorized for purposes of the
                    aggregate deauthorization amount specified in
                    subsection (b)(2)(A).
                (3) Projects identified in appendix.--A project or
            separable element of a project identified in the appendix to
            the final deauthorization list shall remain subject to future
            deauthorization by Congress.
        (e) Special Rules.--
                (1) Post-authorization studies.--A project or separable
            element of a project may not be identified on the proposed
            deauthorization list developed under subsection (b), or the
            final deauthorization list developed under subsection (c), if
            the project or separable element received funding for a post-
            authorization study during the current fiscal year or any of
            the 10 preceding fiscal years.
                (2) Treatment of project modifications.--For purposes of
            this section, if an authorized water resources development
            project or separable element of the project has been modified
            by an Act of Congress, the date of the authorization of the
            project or separable element shall be deemed to be the date of
            the most recent such modification.
        (f) Deauthorization of Antiquated Projects.--
                (1) In general.--Any water resources development project,
            or separable element of a project, authorized for construction
            prior to November 17, 1986, for which construction has not been
            initiated prior to the date of enactment of this Act, or for
            which funds have not been obligated for construction in the 10-
            year period prior to the date of enactment of this Act, is
            hereby deauthorized.
                (2) Identification.--Not later than 60 days after the date
            of enactment of this Act, the Secretary shall issue to the
            Committee on Transportation and Infrastructure of the House of
            Representatives and the Committee on Environment and Public
            Works of the Senate a report that identifies--
                        (A) the name of each project, or separable element
                    of a project, deauthorized by paragraph (1); and
                        (B) the estimated current value of each such
                    project or separable element of a project.
        (g) Economic and Environmental Review of Inactive Water Resources
    Development Projects.--The Secretary or the non-Federal interest may
    not carry out any authorized water resources development project, or
    separable element of such project, for which construction has not been
    initiated in the 20-year period following the date of the authorization
    of such project or separable element, until--
                (1) the Secretary provides to the Committee on
            Transportation and Infrastructure of the House of
            Representatives and the Committee on Environment and Public
            Works of the Senate a post-authorization change report that
            updates the economic and environmental analysis of the project
            or separable element; and
                (2) the Committee on Transportation and Infrastructure of
            the House of Representatives and the Committee on Environment
            and Public Works of the Senate take appropriate action to
            address any modifications to the economic and environmental
            analysis for the project or separable element of the project
            contained in the post-authorization change report.
        (h) Definitions.--In this section:
                (1) Post-authorization change report.--The term ``post-
            authorization change report'' has the meaning given such term
            in section 1132(d) of the Water Resources Development Act of
            2016 (33 U.S.C. 2282e).
                (2) Post-authorization study.--The term ``post-
            authorization study'' means--
                        (A) a feasibility report developed under section
                    905 of the Water Resources Development Act of 1986 (33
                    U.S.C. 2282);
                        (B) a feasibility study, as defined in section
                    105(d) of the Water Resources Development Act of 1986
                    (33 U.S.C. 2215(d)); or
                        (C) a review conducted under section 216 of the
                    Flood Control Act of 1970 (33 U.S.C. 549a), including
                    an initial appraisal that--
                                (i) demonstrates a Federal interest; and
                                (ii) requires additional analysis for the
                            project or separable element.

    SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.

        Section 560(f) of the Water Resources Development Act of 1999 (33
    U.S.C. 2336(f)) is amended by striking `` $20,000,000'' and inserting
    `` $30,000,000''.

    SEC. 303. TRIBAL PARTNERSHIP PROGRAM.

        Section 203(b)(4) of the Water Resources Development Act of 2000
    (33 U.S.C. 2269) is amended by striking `` $12,500,000'' each place it
    appears and inserting `` $18,500,000''.

    SEC. 304. LAKES PROGRAM.

        Section 602(a) of the Water Resources Development Act of 1986
    (Public Law 99-662, 100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295; 121
    Stat. 1076) is amended--
                (1) in paragraph (27), by striking ``and'' at the end;
                (2) in paragraph (28), by striking the period at the end
            and inserting a semicolon; and
                (3) by adding at the end the following:
                ``(29) Ellis Pond and Guild Pond, Norwood, Massachusetts;
            and
                ``(30) Memorial Pond, Walpole, Massachusetts.''.

    SEC. 305. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.

        Section 1177 of the Water Resources Development Act of 2016 (33
    U.S.C. 467f-2 note) is amended--
                (1) in subsection (e), by striking `` $40,000,000'' and
            inserting `` $60,000,000''; and
                (2) in subsection (f), by striking `` $40,000,000'' and
            inserting `` $60,000,000''.

    SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
                  PROGRAM.

        (a) In General.--Section 510 of the Water Resources Development Act
    of 1996 (Public Law 104-303, 110 Stat. 3759; 121 Stat. 1202; 128 Stat.
    1317) is amended--
                (1) by redesignating subsection (h) as subsection (i) and
            inserting after subsection (g) the following:
        ``(h) Project Cap.--The total cost of a project carried out under
    this section may not exceed $15,000,000.''; and
                (2) in subsection (i) (as so redesignated), by striking ``
            $40,000,000'' and inserting `` $90,000,000''.
        (b) Outreach and Training.--The Secretary shall conduct public
    outreach and workshops for non-Federal interests to provide information
    on the Chesapeake Bay environmental restoration and protection program
    established under section 510 of the Water Resources Development Act of
    1996, including how to participate in the program.

    SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL MANAGEMENT
                  PROGRAM.

        Section 1103(e) of the Water Resources Development Act of 1986 (33
    U.S.C. 652(e)) is amended--
                (1) in paragraph (3), by striking `` $22,750,000'' and
            inserting `` $40,000,000''; and
                (2) in paragraph (4), by striking `` $10,420,000'' and
            inserting `` $15,000,000''.

    SEC. 308. UPPER MISSISSIPPI RIVER PROTECTION.

        Section 2010(e) of the Water Resources Reform and Development Act
    of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by striking ``the
    Act of October 15, 1940 (33 U.S.C. 701h-1)'' and inserting ``section 5
    of the Act of June 22, 1936 (33 U.S.C. 701h)''.

    SEC. 309. THEODORE SHIP CHANNEL, MOBILE, ALABAMA.

        (a) In General.--The project for navigation, Theodore Ship Channel,
    Mobile Harbor, Alabama, authorized by section 201 of the Flood Control
    Act of 1965 (42 U.S.C. 1962d-5), is revised to incorporate into the
    project the 40-foot-deep, 1,320-foot-wide, and approximately 1,468.5-
    foot-long access channel, extending north from stations 257+25 and
    273+25 from the Theodore Channel, that was constructed for the former
    Naval Station Mobile, as a substitute for the authorized but
    unconstructed 40-foot-deep, 300-foot-wide, and 1,200-foot-long
    anchorage basin in the same location, to serve the public terminal that
    replaced the former Naval Station Mobile as obligated under the
    authorizations for the project.
        (b) Treatment.--The Secretary shall--
                (1) consider construction of the access channel described
            in subsection (a) to be complete; and
                (2) assume maintenance of the access channel described in
            subsection (a) for so long as the terminal described in
            subsection (a) remains publicly owned.

    SEC. 310. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM.

        Any Federal funds, regardless of the account from which the funds
    were provided, used to carry out construction of the modification to
    the McClellan-Kerr Arkansas River Navigation System, authorized in
    section 136 of the Energy and Water Development Appropriations Act,
    2004 (117 Stat. 1842), shall be considered by the Secretary as
    initiating construction of the project such that future funds will not
    require a new investment decision.

    SEC. 311. OUACHITA AND BLACK RIVERS, ARKANSAS AND LOUISIANA.

        The project for navigation, Ouachita and Black Rivers, Arkansas and
    Louisiana, authorized by section 101 of the River and Harbor Act of
    1960 (74 Stat. 481), is modified to include water supply as an
    authorized purpose.

    SEC. 312. LAKE ISABELLA, CALIFORNIA.

        (a) Sense of Congress.--It is the sense of Congress that the
    Secretary, when evaluating alternative locations for construction of a
    permanent Isabella Lake Visitor Center by the Corps of Engineers to
    replace the facility impacted by the Isabella Dam safety modification
    project, should afford substantial weight to the site preference of the
    local community.
        (b) Authority.--The Secretary may acquire such interests in real
    property as the Secretary determines necessary or advisable to support
    construction of the Isabella Dam safety modification project.
        (c) Transfer.--The Secretary may transfer any real property
    interests acquired under subsection (b) to any other Federal agency or
    department without reimbursement.
        (d) Isabella Dam Safety Modification Project Defined.--In this
    section, the term ``Isabella Dam safety modification project'' means
    the dam safety modification project at the Isabella Reservoir in the
    San Joaquin Valley, California (authorized by Act of December 22, 1944
    (chapter 665, 58 Stat. 901)), including the component of the project
    relating to construction a visitor center facility.

    SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD CONTROL PROJECT.

        The Secretary shall align the schedules of, and maximize
    complimentary efforts, minimize duplicative practices, and ensure
    coordination and information sharing with respect to--
                (1) the project for flood risk management, Lower San
            Joaquin River, authorized by section 1401(2) of the Water
            Resources Development Act of 2018 (132 Stat. 3836); and
                (2) the second phase of the feasibility study for the Lower
            San Joaquin River project for flood risk management, authorized
            for expedited completion by section 1203(a)(7) of the Water
            Resources Development Act 2018 (132 Stat. 3803).

    SEC. 314. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.

         The portion of project for flood control, Sacramento River,
    California, authorized by section 2 of the Act of March 1, 1917
    (chapter 144, 39 Stat. 949; 103 Stat. 649; 110 Stat. 3709; 112 Stat.
    1841; 113 Stat. 299), consisting of a riverbed gradient restoration
    facility at the Glenn-Colusa Irrigation District Intake, is no longer
    authorized beginning on the date of enactment of this Act.

    SEC. 315. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
                  CALIFORNIA.

        The portion of the project for flood control and navigation, San
    Diego River and Mission Bay, San Diego County, California, authorized
    by the Act of July 24, 1946 (chapter 595, 60 Stat. 636), identified in
    the National Levee Database established under section 9004 of the Water
    Resources Development Act of 2007 (33 U.S.C. 3303) as the San Diego
    River 3 segment and consisting of a 785-foot-long segment of the right
    bank levee from Station 209+41.75 to its end at Station 217+26.75, as
    described in construction plans dated August 30, 1951, is no longer
    authorized beginning on the date of enactment of this Act.

    SEC. 316. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.

        (a) In General.--Section 114 of the River and Harbor Act of 1968
    (33 U.S.C. 59h) is amended to read as follows:

    ``SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.

        ``(a) Area To Be Declared Nonnavigable.--The following area is
    declared to be nonnavigable waters of the United States: All of that
    portion of the City and County of San Francisco, California, lying
    shoreward of a line beginning at the intersection of the southerly
    right of way line of Earl Street prolongation with the Pierhead United
    States Government Pierhead line, the Pierhead line as defined in the
    State of California Harbor and Navigation Code Section 1770, as amended
    in 1961; thence northerly along said Pierhead line to its intersection
    with a line parallel with and distant 10 feet easterly from, the
    existing easterly boundary line of Pier 30-32; thence northerly along
    said parallel line and its northerly prolongation, to a point of
    intersection with a line parallel with, and distant 10 feet northerly
    from, the existing northerly boundary of Pier 30-32; thence westerly
    along last said parallel line to its intersection with said Pierhead
    line; thence northerly along said Pierhead line, to the intersection of
    the easterly right of way line of Van Ness Avenue, formerly Marlette
    Street, prolongation to the Pierhead line.
        ``(b) Requirement That Area Be Improved.--The declaration of
    nonnavigability under subsection (a) applies only to those parts of the
    area described in subsection (a) that are or will be bulkheaded,
    filled, or otherwise occupied or covered by permanent structures and
    does not affect the applicability of any Federal statute or regulation
    that relates to filling of navigable waters or to other regulated
    activities within the area described in subsection (a), including
    sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401, 403),
    section 404 of the Federal Water Pollution Control Act, and the
    National Environmental Policy Act of 1969.
        ``(c) Inclusion of Embarcadero Historic District.--Congress finds
    and declares that the area described in subsection (a) contains the
    seawall, piers, and wharves that comprise the Embarcadero Historic
    District listed on the National Register of Historic Places on May 12,
    2006.''.
        (b) Conforming Amendment.--Section 5052 of the Water Resources
    Development Act of 2007 (33 U.S.C. 59h-1) is repealed.

    SEC. 317. WESTERN PACIFIC INTERCEPTOR CANAL, SACRAMENTO RIVER,
                  CALIFORNIA.

        The portion of the project for flood protection on the Sacramento
    River, authorized by section 2 of the of March 1, 1917 (chapter 144, 39
    Stat. 949; 45 Stat. 539; 50 Stat. 877; 55 Stat. 647; 80 Stat. 1422),
    consisting of the portion of the levee from G.P.S. coordinate
    N2147673.584 E6690904.187 to N2147908.413 E6689057.060 associated with
    the Western Pacific Interceptor Canal, is no longer authorized
    beginning on the date of the enactment of this Act.

    SEC. 318. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO, NEW
                  MEXICO, AND TEXAS.

        Section 5056(f) of the Water Resources Development Act of 2007
    (Public Law 110-114, 121 Stat. 1213; 128 Stat. 1314) is amended by
    striking ``2019'' and inserting ``2029''.

    SEC. 319. NEW LONDON HARBOR WATERFRONT CHANNEL, CONNECTICUT.

        (a) In General.--The portion of the project for navigation, New
    London Harbor, Connecticut, authorized by the first section of the Act
    of June 13, 1902 (chapter 1079, 32 Stat. 333), described in subsection
    (b) is no longer authorized beginning on the date of enactment of this
    Act.
        (b) Area Described.--The area referred to in subsection (a) is
    generally the portion between and around the 2 piers at the State Pier
    in New London, specifically the area--
                (1) beginning at a point N691263.78, E1181259.26;
                (2) running N 3501'50.75'' W about 955.59 feet to a point
            N692046.26, E1180710.74;
                (3) running N 5458'06.78'' E about 100.00 feet to a point
            N692103.66, E1180792.62;
                (4) running S 3501'50.75'' E about 989.8 feet to a point
            N691293.17, E1181360.78; and
                (5) running S 7351'15.45'' W about 105.69 feet to the
            point described in paragraph (1).

    SEC. 320. WILMINGTON HARBOR, DELAWARE.

        It is the sense of Congress that the Corps of Engineers should
    maintain the annual maintenance dredging for Wilmington Harbor,
    Delaware, authorized by the Act of June 3, 1896 (chapter 314, 29 Stat.
    207).

    SEC. 321. WILMINGTON HARBOR SOUTH DISPOSAL AREA, DELAWARE.

        (a) Finding.--For the purposes of applying section 217(b) of the
    Water Resources Development Act of 1996 (33 U.S.C. 2326a(b)) to the
    Wilmington Harbor South Disposal Area, Delaware, the Secretary shall
    find that the standard has been met for the Edgemoor expansion of the
    Port of Wilmington, Delaware.
        (b) Use.--Any use of the Wilmington Harbor South Disposal Area
    permitted by the Secretary under section 217(b) for the Edgemoor
    Expansion of the Port of Wilmington shall not otherwise reduce the
    availability of capacity, in dredged material disposal facilities under
    the jurisdiction of the Secretary that were constructed before the date
    of enactment of this Act, for operation and maintenance of--
                (1) the Delaware River Mainstem and Channel Deepening
            project, Delaware, New Jersey, and Pennsylvania, authorized by
            section 101(6) of the Water Resources Development Act of 1992
            (106 Stat. 4802); or
                (2) the Delaware River, Philadelphia to the Sea, project,
            Delaware, New Jersey, Pennsylvania, authorized by the Act of
            June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52
            Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297).
        (c) Fee.--The Secretary shall impose on the non-Federal interest
    for the Edgemoor Expansion of the Port of Wilmington a fee, under
    section 217(b)(1)(B) of the Water Resources Development Act of 1996 (33
    U.S.C. 2326a(b)(1)(B)), to recover capital, operation, and maintenance
    costs associated with any use by the non-Federal interest of capacity
    in the Wilmington Harbor South Disposal Area permitted by the Secretary
    under section 217(b) of the Water Resources Development Act of 1996
    pursuant to subsection (a) of this section.
        (d) Agreement to Pay.--In accordance with section 217(a) of the
    Water Resources Development Act of 1996 (33 U.S.C. 2326a(a)), if, to
    accommodate the dredged materials from operation and maintenance of the
    Edgemoor Expansion of the Port of Wilmington, the Secretary provides
    additional capacity at the Wilmington Harbor South Disposal Area, the
    non-Federal interest for the Edgemoor Expansion of the Port of
    Wilmington shall agree to pay, during the period of construction, all
    costs associated with the construction of the additional capacity.

    SEC. 322. WASHINGTON HARBOR, DISTRICT OF COLUMBIA.

        Beginning on the date of enactment of this Act, the project for
    navigation, Washington Harbor, District of Columbia, authorized by the
    Act of August 30, 1935 (chapter 831, 49 Stat. 1031), is modified to
    reduce, in part, the authorized dimensions of the project, such that
    the remaining authorized dimensions are as follows:
                (1) A 200-foot-wide, 12-foot-deep channel with a center
            line beginning at a point East 1,317,064.30 and North
            440,373.32, thence to a point East 1,316,474.30 and North
            440,028.31, thence to a point East 1,315,584.30 and North
            439,388.30, thence to a point East 1,315,259.31 and North
            438,908.30.
                (2) A 200- to 300-foot-wide, 12-foot-deep transition area,
            with a center line beginning at a point East 1,315,259.31 and
            North 438,908.30 to a point East 1,315,044.31 and North
            438,748.30.
                (3) A 300-foot-wide, 15-foot-deep channel with a centerline
            beginning a point East 1,315,044.31 and North 438,748.30,
            thence to a point East 1,314,105.31 and North 438,124.79,
            thence to a point East 1,311,973.30 and North 438,807.78,
            thence to a point East 1,311,369.73 and North 438,577.42,
            thence to a point East 1,311,015.73 and North 438,197.57,
            thence to a point East 1,309,713.47 and North 435,678.91.
                (4) A 300- to 400-foot-wide, 15- to 24-foot-deep transition
            area, with a center line beginning at a point East 1,309,713.47
            and North 435,678.91 to a point East 1,307,709.33 and North
            434,488.25.
                (5) A 400-foot-wide, 24-foot-deep channel with a centerline
            beginning at a point East 1,307,709.33 and North 434,488.25,
            thence to a point East 1,307,459.33 and North 434,173.25,
            thence to a point East 1,306,476.82 and North 432,351.28,
            thence to a point East 1,306,209.79 and North 431,460.21,
            thence to a point at the end of the channel near Hains Point
            East 1,305,997.63 and North 429,978.31.

    SEC. 323. BIG CYPRESS SEMINOLE INDIAN RESERVATION WATER CONSERVATION
                  PLAN, FLORIDA.

        (a) In General.--The project for ecosystem restoration, Big Cypress
    Seminole Indian Reservation Water Conservation Plan, Florida,
    authorized pursuant to section 528 of the Water Resources Development
    Act of 1996 (110 Stat. 3767), is no longer authorized beginning on the
    date of enactment of this Act.
        (b) Savings Provision.--Nothing in this section affects the
    responsibility of the Secretary to pay any damages awarded by the Armed
    Services Board of Contract Appeals, or by a court of competent
    jurisdiction, to a contractor relating to the adjudication of claims
    arising from construction of the project described in subsection (a).

    SEC. 324. CENTRAL EVERGLADES, FLORIDA.

        The project for ecosystem restoration, Central Everglades,
    authorized by section 1401(4) of the Water Resources Development Act of
    2016 (130 Stat. 1713), is modified to include the project for ecosystem
    restoration, Central and Southern Florida, Everglades Agricultural
    Area, authorized by section 1308 of the Water Resources Development Act
    of 2018 (132 Stat. 3819), and to authorize the Secretary to carry out
    the project, as so combined, at a total combined cost of
    $4,362,091,000.

    SEC. 325. MIAMI RIVER, FLORIDA.

         The portion of the project for navigation, Miami River, Florida,
    authorized by the Act of July 3, 1930 (46 Stat. 925; 59 Stat. 16; 74
    Stat. 481; 100 Stat. 4257), beginning at the existing railroad bascule
    bridge and extending approximately 1,000 linear feet upstream to an
    existing salinity barrier and flood control structure, is no longer
    authorized beginning on the date of enactment of this Act.

    SEC. 326. JULIAN KEEN, JR. LOCK AND DAM, MOORE HAVEN, FLORIDA.

        (a) Designation.--The Moore Haven Lock and Dam, Moore Haven,
    Florida, authorized pursuant to the Act of July 3, 1930 (chapter 847,
    46 Stat. 925; 49 Stat. 1032), shall be known and designated as the
    ``Julian Keen, Jr. Lock and Dam''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the Lock and Dam
    referred to in subsection (a) shall be deemed to be a reference to the
    ``Julian Keen, Jr. Lock and Dam''.

    SEC. 327. TAYLOR CREEK RESERVOIR AND LEVEE L-73 (SECTION 1), UPPER ST.
                  JOHNS RIVER BASIN, FLORIDA.

        The portions of the project for flood control and other purposes,
    Central and Southern Florida, authorized by section 203 of the Flood
    Control Act of 1948 (62 Stat. 1176), consisting of the Taylor Creek
    Reservoir and Levee L-73, Section 1, within the Upper St. Johns River
    Basin, Florida, are no longer authorized beginning on the date of
    enactment of this Act.

    SEC. 328. EXTINGUISHMENT OF FLOWAGE EASEMENTS, ROUGH RIVER LAKE,
                  KENTUCKY.

        (a) In General.--Subject to the availability of appropriations and
    on request of the landowner, the Secretary shall extinguish any flowage
    easement or portion of a flowage easement held by the United States on
    developed land of the landowner at Rough River Lake, Kentucky--
                (1) that is above 534 feet mean sea level; and
                (2) for which the Secretary determines the flowage easement
            or portion of the flowage easement is not required to address
            backwater effects.
        (b) No Liability.--The United States shall not be liable for any
    damages to property or injuries to persons from flooding that may be
    attributable to the operation and maintenance of Rough River Dam,
    Kentucky, on land that was encumbered by a flowage easement
    extinguished under subsection (a).
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $10,000,000, to remain available
    until expended.

    SEC. 329. CALCASIEU RIVER AND PASS, LOUISIANA.

        Not later than 120 days after the date of enactment of this Act,
    the Secretary shall provide to 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 plans to modify
    the Calcasieu River and Pass Dredged Material Management Plan and
    Supplemental Environmental Impact Statement (November 22, 2010 DMMP/
    SEIS) to allow for the expansion of Dredged Material Placement
    Facilities (DMPFs) 17, 19, 22, D, and E to the lakeside foreshore rock
    boundaries during planned rehabilitation of these facilities.

    SEC. 330. CAMDEN HARBOR, MAINE.

        (a) In General.--The portions of the project for navigation, Camden
    Harbor, Maine, described in subsection (b) are no longer authorized
    beginning on the date of enactment of this Act.
        (b) Portions Described.--The portions referred to in subsection (a)
    are the following:
                (1) The portion of the 10-foot-deep inner harbor area,
            authorized by the first section of the Act of March 3, 1873
            (chapter 233, 17 Stat. 565; 25 Stat. 400), approximately
            50,621.75 square feet in area--
                        (A) starting at a point with coordinates
                    N197,640.07, E837,851.71;
                        (B) thence running S8443' 23.94''W about 381.51
                    feet to a point with coordinates N197,604.98,
                    E837,471.82;
                        (C) thence running N4347' 51.43''W about 270.26
                    feet to a point with coordinates N197,800.05,
                    E837,284.77;
                        (D) thence running S5902' 26.62''E about 219.18
                    feet to a point with coordinates N197,687.30,
                    E837,472.72;
                        (E) thence running S8150' 09.76''E about 144.70
                    feet to a point with coordinates N197,666.75,
                    E837,615.96;
                        (F) thence running N5727' 07.42''E about 317.32
                    feet to a point with coordinates N197,866.52,
                    E837,928.96; and
                        (G) thence running S1850' 04.48''W about 239.27
                    feet to the point described in subparagraph (A).
                (2) The portion of the 14-foot-deep outer harbor area,
            authorized by the first section of the Act of August 11, 1888
            (25 Stat. 400; 32 Stat. 331), approximately 222,015.94 square
            feet in area--
                        (A) starting at a point with coordinates
                    N197,640.07, E837,851.71;
                        (B) thence running N1850' 04.48''E about 239.27
                    feet to a point with coordinates N197,866.53,
                    E837,928.96;
                        (C) thence running N5828' 51.05''E about 308.48
                    feet to a point with coordinates N198,027.79,
                    E838,191.93;
                        (D) thence running N8420' 01.88''E about 370.06
                    feet to a point with coordinates N198,064.33,
                    E838,560.18;
                        (E) thence running S0532' 03.42''E about 357.31
                    feet to a point with coordinates N197,708.68,
                    E838,594.64; and
                        (F) thence running S8443' 23.94''W about 746.08
                    feet to the point described in subparagraph (A).

    SEC. 331. CAPE PORPOISE HARBOR, MAINE, ANCHORAGE AREA DESIGNATION.

        (a) In General.--The project for navigation, Cape Porpoise Harbor,
    Maine, authorized by section 101 of the River and Harbor Act of 1948
    (62 Stat. 1172), is modified to designate the portion of the project
    described in subsection (b) as a 6-foot-deep anchorage.
        (b) Portion Described.--The portion of the project referred to in
    subsection (a) is the approximately 192,235.63 square foot area
    consisting of the 100-foot-wide and 6-foot-deep channel located within
    the inner harbor--
                (1) starting at a point with coordinates N 194,175.13, E
            2,882,011.74;
                (2) thence running N3346' 08.14''W about 914.57 feet to a
            point with coordinates N 194,935.40, E 2,881,503.38;
                (3) thence running N1241' 09.78''W about 1,026.40 feet to
            a point with coordinates N 195,936.74, E 2,881,277.97;
                (4) thence running N7718' 50.22''E about 100.00 feet to a
            point with coordinates N 195,958.70, E 2,881,375.53;
                (5) thence running S1241' 09.78''E about 1,007.79 feet to
            a point with coordinates N 194,975.52, E 2,881,596.85;
                (6) thence running S3346' 08.14''E about 895.96 feet to a
            point with coordinates N 194,230.72, E 2,882,094.86; and
                (7) thence running S5613' 51.86''W about 100.00 feet to
            the point described in paragraph (1).

    SEC. 332. BALTIMORE, MARYLAND.

        The Secretary is authorized, in accordance with section 5 of Act of
    June 22, 1936 (33 U.S.C. 701h), to accept funds contributed by a non-
    Federal interest for dredging on irregular cycles of the Baltimore
    Inner Harbor Approach Channel, Baltimore Harbor and Channels Federal
    navigation project, authorized by section 101 of the River and Harbor
    Act of 1958 (72 Stat. 297).

    SEC. 333. THAD COCHRAN LOCK AND DAM, AMORY, MISSISSIPPI.

        (a) Sense of Congress.--It is the sense of Congress that Thad
    Cochran, whose selfless determination and tireless work, while serving
    as a congressman and United States Senator from Mississippi for 45
    years, contributed greatly to the realization and success of the
    Tennessee-Tombigbee Waterway.
        (b) Designation.--The navigation lock known as the ``Amory Lock'',
    located at mile 371 on the Tennessee-Tombigbee Waterway, Mississippi,
    and the dam associated with such lock, shall be known and designated as
    the ``Thad Cochran Lock and Dam''.
        (c) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the lock and dam
    referred to in subsection (b) shall be deemed to be a reference to the
    ``Thad Cochran Lock and Dam''.

    SEC. 334. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.

        Section 1179(a) of the Water Resources Development Act of 2016 (130
    Stat. 1675; 132 Stat. 3782) is amended--
                (1) in paragraph (3)--
                        (A) in subparagraph (B), by inserting ``project
                    purposes, including'' before ``storage capacity''; and
                        (B) in subparagraph (C), by striking
                    ``preliminary'';
                (2) by redesignating paragraphs (4) through (9) as
            paragraphs (6) through (11), respectively; and
                (3) by inserting after paragraph (3) the following:
                ``(4) Justification.--In determining the economic
            justification of a sediment management plan under paragraph
            (2), the Secretary shall--
                        ``(A) measure and include flooding, erosion, and
                    accretion damages both upstream and downstream of the
                    reservoir that are likely to occur as a result of
                    sediment management within the reservoir compared to
                    the damages that are likely to occur if the sediment
                    management plan is not implemented; and
                        ``(B) include lifecycle costs and a 100-year period
                    of analysis.
                ``(5) Implementation.--As part of a sediment management
            plan under paragraph (2), and in accordance with paragraph
            (10), the Secretary may carry out sediment removal activities
            at reservoirs owned and operated by the Secretary in the Upper
            Missouri River Basin, or at reservoirs for which the Secretary
            has flood control responsibilities under section 7 of the Act
            of December 22, 1944 (33 U.S.C. 709), in the Upper Missouri
            River Basin, in accordance with section 602 of the Water
            Resources Development Act of 1986 (100 Stat. 4148; 110 Stat.
            3758; 113 Stat. 295; 121 Stat. 1076) as if those reservoirs
            were listed in subsection (a) of that section.''.

    SEC. 335. PORTSMOUTH, NEW HAMPSHIRE.

        The Secretary shall expedite the activities required to be carried
    out under section 204 of the Water Resources Development Act of 1992
    (33 U.S.C. 2326) regarding the use of improvement dredging of the
    Portsmouth Federal navigation project in Portsmouth, New Hampshire,
    carried out pursuant to section 3 of the Act of August 13, 1946 (33
    U.S.C. 426g), as a source of clean beach fill material to reinforce the
    stone revetment at Nantasket Beach, Hull, Massachusetts.

    SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY STUDY, NEW JERSEY.

        The Secretary shall--
                (1) nullify the determination of the North Atlantic
            Division of the Corps of Engineers that further activities to
            carry out the feasibility study for a project for flood risk
            management, Rahway, New Jersey, authorized by the resolution of
            the Committee on Transportation and Infrastructure of the House
            of Representatives adopted on March 24, 1998 (docket number
            2548), is not warranted;
                (2) identify an acceptable alternative to the project
            described in paragraph (1) that could receive Federal support;
            and
                (3) carry out, and expedite the completion of, a
            feasibility study for the acceptable alternative identified
            under paragraph (2).

    SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW MEXICO.

        (a) Abiquiu Reservoir.--Section 5(b) of Public Law 97-140 (43
    U.S.C. 620a note) is amended by striking ``a total of two hundred
    thousand acre-feet of''.
        (b) Water Storage at Abiquiu Dam, New Mexico.--Section 1 of Public
    Law 100-522 (43 U.S.C. 620a note) is amended--
                (1) by striking ``200,000 acre-feet of'';
                (2) by inserting ``and San Juan-Chama project'' after ``Rio
            Grande system''; and
                (3) by striking ``, in lieu of the water storage authorized
            by section 5 of Public Law 97-140, to the extent that
            contracting entities under section 5 of Public Law 97-140 no
            longer require such storage''.
        (c) Water Storage.--The Secretary shall--
                (1) store up to elevation 6230.00 NGVD29 at Abiquiu Dam,
            New Mexico, to the extent that the necessary real property
            interests have been acquired by any entity requesting such
            storage; and
                (2) amend the March 20, 1986, contract between the United
            States of America and the Albuquerque Bernalillo County Water
            Utility Authority (assigned by the City of Albuquerque, New
            Mexico to the Albuquerque Bernalillo County Water Utility
            Authority) for water storage space in Abiquiu Reservoir to
            allow for storage by the Albuquerque Bernalillo County Water
            Utility Authority of San Juan-Chama project water or native Rio
            Grande system water up to elevation 6230.00 NGVD29.
        (d) Storage Agreements With Users Other Than the Albuquerque
    Bernalillo County Water Utility Authority.--The Secretary shall--
                (1) retain or enter into new agreements with entities for a
            proportionate allocation of 29,100 acre-feet of storage space
            pursuant to section 5 of Public Law 97-140; and
                (2) amend or enter into new storage agreements for storage
            of San Juan-Chama project water or native Rio Grande system
            water up to the space allocated for each entity's proportionate
            share of San Juan-Chama water.
        (e) Operations Documents.--The Secretary shall amend or revise any
    existing operations documents, including the Water Control Manual or
    operations plan for Abiquiu Reservoir, as necessary to meet the
    requirements of this section.
        (f) Limitations.--In carrying out this section, the following
    limitations shall apply:
                (1) The storage of native Rio Grande system water shall be
            subject to the provisions of the Rio Grande Compact and the
            resolutions of the Rio Grande Compact Commission.
                (2) The storage of native Rio Grande system water shall
            only be authorized to the extent that the necessary water
            ownership and storage rights have been acquired by the entity
            requesting such storage.
                (3) The storage of native Rio Grande system water or San-
            Juan Chama project water shall not interfere with the
            authorized purposes of the Abiquiu Dam and Reservoir project.
                (4) Each user of storage space, regardless of source of
            water, shall pay for any increase in costs attributable to
            storage of that user's water.

    SEC. 338. FLUSHING BAY AND CREEK FEDERAL NAVIGATION CHANNEL, NEW YORK.

        (a) In General.--The portion of the project for navigation,
    Flushing Bay and Creek, New York, authorized by the first section of
    the Act of March 3, 1905 (chapter 1482, 33 Stat. 1120; 52 Stat. 803; 76
    Stat. 1174), described in subsection (b) is no longer authorized
    beginning on the date of enactment of this Act.
        (b) Portion Described.--The portion referred to in subsection (a)
    is the portion from river mile 2.5 to river mile 2.9, as bounded by--
                (1) the coordinates of--
                        (A) Latitude North 40 45' 45.61'' Longitude West
                    73 50' 20.19'';
                        (B) Latitude North 40 45' 47.02'' Longitude West
                    73 50' 10.80'';
                        (C) Latitude North 40 45' 26.71'' Longitude West
                    73 50' 10.85''; and
                        (D) Latitude North 40 45' 26.72'' Longitude West
                    73 50' 10.96''; and
                (2) the New York Long Island State Plane (US Survey Feet,
            NAD-83), as follows:
                        (A) Easting x1028866.501 Northing y217179.294;
                        (B) Easting x1029588.853 Northing y217322.675;
                        (C) Easting x1029588.853 Northing y215267.486; and
                        (D) Easting x1028964.587 Northing y215267.486.

    SEC. 339. RUSH RIVER AND LOWER BRANCH RUSH RIVER, NORTH DAKOTA.

        (a) In General.--The portion of the comprehensive plan for flood
    control and other purposes in the Red River of the North drainage
    basin, North Dakota, South Dakota, and Minnesota, authorized by section
    203 of the Flood Control Act of 1948 (62 Stat. 1177; 64 Stat. 176),
    consisting of clearing and rectification of the channel from mile 28.3
    near Amenia to the mouth of the Rush River, known as Cass County Drain
    No. 12, is no longer authorized beginning on the date of enactment of
    this Act.
        (b) Lower Branch Rush River.--The project for flood control, Lower
    Branch Rush River, North Dakota, carried out under section 205 of the
    Flood Control Act of 1948 (33 U.S.C. 701s), known as Cass County Drain
    No. 2, is no longer authorized beginning on the date of enactment of
    this Act.

    SEC. 340. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY AND WATCH HILL COVE,
                  RHODE ISLAND AND CONNECTICUT.

        Beginning on the date of enactment of this Act, that portion of the
    project for navigation, Pawcatuck River, Little Narragansett Bay and
    Watch Hill Cove, Rhode Island and Connecticut, authorized by section 2
    of the Act of March 2, 1945 (chapter 19, 59 Stat. 13), consisting of a
    10-foot-deep, 16-acre anchorage area in Watch Hill Cove is no longer
    authorized.

    SEC. 341. HARRIS COUNTY, TEXAS.

        Section 575 of the Water Resources Development Act of 1996 (110
    Stat. 3789; 113 Stat. 311; 121 Stat. 1253) is repealed.

    SEC. 342. CAP SANTE WATERWAY, WASHINGTON.

        Beginning on the date of enactment of this Act, the project for
    navigation, Cap Sante Waterway and Navigation Channel, Skagit County,
    Washington, authorized by the Act of March 2, 1919 (chapter 95, 40
    Stat. 1285), is modified to deauthorize the portion of the project
    consisting of an approximately 334,434-foot area of the Federal channel
    within Anacortes Harbor inside and directly adjacent to the Federal
    breakwater and training wall structure, starting at a point with
    coordinates N557015.552, E1210819.619, thence running S88 13'2.06''E
    approximately 200 feet to a point with coordinates N557009.330,
    E1211019.522, thence running S01 46'58.08''W approximately 578 feet to
    a point with coordinates N556431.405, E1211001.534, thence running S49
    49'50.23''W approximately 69 feet to a point with coordinates
    N556387.076, E1210949.002, thence running S51 53'0.25''E approximately
    35 feet to a point with coordinates N556365.662, E1210976.316, thence
    running S49 38'58.48''W approximately 112 feet to a point with
    coordinates N556292.989, E1210890.775, thence running N88 13'1.87''W
    approximately 109 feet to a point with coordinates N556296.367,
    E1210782.226, thence running S46 46'58.97''W approximately 141 feet to
    a point with coordinates N556199.527, E1210679.164, thence running N88
    13'1.77''W approximately 700 feet to a point with coordinates
    N556221.305, E1209979.502, thence running N01 46'58.08''E approximately
    250 feet to a point with coordinates N556471.184, E1209987.280, thence
    running S88 13'1.77''E approximately 815 feet to a point with
    coordinates N556445.828, E1210801.886, thence running N01 46'58.08''E
    approximately 570 feet to the point of origin.

    SEC. 343. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.

        Section 1119(b) of the Water Resources Development Act of 2018 (33
    U.S.C. 2347 note) is amended by striking ``owned or operated by the
    Secretary''.

    SEC. 344. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.

        Section 1203(g) of the Water Resources Development Act of 2018 (132
    Stat. 3805) is amended, in the matter preceding paragraph (1), by
    striking ``For fiscal years 2019 and 2020'' and inserting ``Until
    September 30, 2024''.

    SEC. 345. AQUATIC ECOSYSTEM RESTORATION.

        For fiscal years 2021 through 2024, in carrying out section 206 of
    the Water Resources Development Act of 1996 (33 U.S.C. 2330), the
    Secretary shall give priority to a project to restore and protect an
    aquatic ecosystem or estuary that--
                (1) is located in the South Platte River Basin;
                (2) is located on a body of water that is identified by the
            applicable State pursuant to section 303(d) of the Federal
            Water Pollution Control Act (33 U.S.C. 1313(d)) as being
            impaired;
                (3) has the potential to provide flood risk management and
            recreational benefits in addition to ecosystem restoration
            benefits; and
                (4) is located in a city with a population of 80,000 or
            less.

    SEC. 346. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.

        Section 1046(c)(3) of the Water Resources Reform and Development
    Act of 2014 (128 Stat. 1254; 132 Stat. 3784) is amended by striking
    ``12'' and inserting ``16''.

    SEC. 347. NO WAKE ZONES IN NAVIGATION CHANNELS.

        Section 1149 of the Water Resources Development Act of 2016 (33
    U.S.C. 1223 note) amended--
                (1) by striking ``recreational'' in each place it appears
            and inserting ``covered''; and
                (2) by amending subsection (c) to read as follows:
        ``(c) Definitions.--In this section:
                ``(1) Covered navigation channel.--The term `covered
            navigation channel' means a navigation channel that--
                        ``(A) is federally marked or maintained;
                        ``(B) is part of the Atlantic Intracoastal
                    Waterway; and
                        ``(C) is adjacent to a marina.
                ``(2) Covered vessel.--The term `covered vessel' means a
            recreational vessel or an uninspected passenger vessel, as such
            terms are defined in section 2101 of title 46, United States
            Code.''.

    SEC. 348. LIMITATION ON CONTRACT EXECUTION IN THE ARKANSAS RIVER BASIN.

        (a) Definition of Covered Contract.--In this section, the term
    ``covered contract'' means a contract between any local governmental
    entity and the Secretary for water supply storage in a Federal or non-
    Federal hydropower lake within the Arkansas River Basin.
        (b) Limitation.--For any new covered contract for a hydropower lake
    that is entered into during the period beginning on the date of
    enactment of this Act and ending on December 31, 2022, a local
    governmental entity shall not pay more than 110 percent of the initial
    principal cost for the acre-feet being sought for the new covered
    contract for that hydropower lake.

    SEC. 349. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO CERTAIN
                  CONTRACT CLAIMS.

        In a case in which the Armed Services Board of Contract Appeals or
    other court of competent jurisdiction has rendered a decision during
    the period beginning on December 1, 2017, and ending on December 31,
    2022, awarding damages to a contractor relating to the adjudication of
    claims arising from the construction of an authorized water resources
    development project, notwithstanding the terms of the Project
    Partnership Agreement, the Secretary shall waive payment of the share
    of the non-Federal interest of those damages, including attorney's
    fees, if--
                (1)(A) the contracting officer was instructed by the Corps
            of Engineers to modify the terms of the contract or terminate
            the contract; and
                (B) the Armed Services Board of Contract Appeals or other
            court of competent jurisdiction determined that the failure of
            the contracting officer to timely take the action described in
            subparagraph (A) was a material breach of the contract that
            resulted in damages to the contractor awarded by the Armed
            Services Board of Contract Appeals or the court, as applicable;
            or
                (2) the claims arose from construction of a project
            deauthorized under this title.

    SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE.

        Section 322 of the Water Resources Development Act of 1990 (33
    U.S.C. 2324) is amended--
                (1) in subsection (b), by striking ``2,000,000'' and
            inserting ``3,000,000''; and
                (2) in subsection (g)--
                        (A) by striking the period at the end and inserting
                    ``; or'';
                        (B) by striking ``means a community'' and inserting
                    the following: ``means--
                ``(1) a community''; and
                        (C) by adding at the end the following:
                ``(2) a regional water system that serves a population of
            less than 100,000, for which the per capita income is less than
            the per capita income of not less than 50 percent of the
            counties in the United States.''.

    SEC. 351. FLOOD CONTROL AND OTHER PURPOSES.

        Section 103(k) of the Water Resources Development Act of 1986 (33
    U.S.C. 2213) is amended--
                (1) by striking ``Except as'' and inserting the following:
                ``(1) In general.--Except as''; and
                (2) by adding at the end the following:
                ``(2) Renegotiation of terms.--
                        ``(A) In general.--At the request of a non-Federal
                    interest, the Secretary and the non-Federal interest
                    may renegotiate the terms and conditions of an eligible
                    deferred payment, including--
                                ``(i) permitting the non-Federal
                            contribution to be made without interest,
                            pursuant to paragraph (1);
                                ``(ii) recalculation of the interest rate;
                                ``(iii) full or partial forgiveness of
                            interest accrued during the period of
                            construction; and
                                ``(iv) a credit against construction
                            interest for a non-Federal investment that
                            benefits the completion or performance of the
                            project or separable element.
                        ``(B) Eligible deferred payment.--An eligible
                    deferred payment agreement under subparagraph (A) is an
                    agreement for which--
                                ``(i) the non-Federal contribution was made
                            with interest;
                                ``(ii) the period of project construction
                            exceeds 10 years from the execution of a
                            project partnership agreement or appropriation
                            of funds; and
                                ``(iii) the construction interest exceeds
                            $45,000,000.
                ``(3) Credit for non-federal contribution.--
                        ``(A) In general.--The Secretary is authorized to
                    credit any costs incurred by the non-Federal interest
                    (including in-kind contributions) to remedy a design or
                    construction deficiency of a covered project or
                    separable element toward the non-Federal share of the
                    cost of the covered project, if the Secretary
                    determines the remedy to be integral to the completion
                    or performance of the covered project.
                        ``(B) Credit of costs.--If the non-Federal interest
                    incurs costs or in-kind contributions for a project to
                    remedy a design or construction deficiency of a project
                    or separable element which has a 100 percent Federal
                    cost share, and the Secretary determines the remedy to
                    be integral to the completion or performance of the
                    project, the Secretary is authorized to credit such
                    costs to any interest accrued on a deferred non-Federal
                    contribution.
                ``(4) Treatment of pre-payment.--Notwithstanding a deferred
            payment agreement with a non-Federal interest, the Secretary
            shall accept, without interest of any type, the repayment of a
            non-Federal contribution for any eligible deferred payment
            described in paragraph (2)(B) for which--
                        ``(A) the non-Federal interest makes a payment of
                    at least $200 million for that eligible deferred
                    payment agreement on or before September 30, 2021; and
                        ``(B) the non-Federal interest repays the remaining
                    principal by September 30, 2023.''.

    SEC. 352. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.

        (a) Consistency With Reports.--Congress finds that the project
    modifications described in this section are in accordance with the
    reports submitted to Congress by the Secretary under section 7001 of
    the Water Resources Reform and Development Act of 2014 (33 U.S.C.
    2282d), titled ``Report to Congress on Future Water Resources
    Development'', or have otherwise been reviewed by Congress.
        (b) Modifications.--
                (1) Sacramento area, california.--Section 219(f)(23) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 336; 117 Stat. 1840) is amended to read as follows:
                ``(23) Sacramento area, california.-- $45,000,000 for
            regional water conservation, recycling, reliability, and
            resiliency projects in Placer, El Dorado, and Sacramento
            Counties and the San Juan Suburban Water District,
            California.''.
                (2) South perris, california.--Section 219(f)(52) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 336; 114 Stat. 2763A-220) is amended by striking ``
            $25,000,000'' and inserting `` $50,000,000''.
                (3) Madison and st. clair counties, illinois.--Section
            219(f)(55) of the Water Resources Development Act of 1992 (106
            Stat. 4835; 113 Stat. 335; 114 Stat. 2763A-221) is amended by
            striking `` $10,000,000'' and inserting `` $45,000,000''.
                (4) Southern and eastern kentucky.--Section 531 of the
            Water Resources Development Act of 1996 (110 Stat. 3773; 113
            Stat. 348; 117 Stat. 142; 121 Stat. 1226) is amended--
                        (A) in subsection (g), by inserting ``Boyd, Carter,
                    Elliott, Lincoln,'' after ``Lee,''; and
                        (B) in subsection (h), by striking `` $40,000,000''
                    and inserting `` $100,000,000''.
                (5) Desoto county, mississippi.--Section 219(f)(30) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 336; 114 Stat. 2763A-220; 119 Stat. 282; 119 Stat. 2257;
            122 Stat. 1623) is amended by striking `` $75,000,000'' and
            inserting `` $130,000,000''.
                (6) Jackson county, mississippi.--Section 219 of the Water
            Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
            3757; 113 Stat. 1494; 121 Stat. 1258) is amended--
                        (A) in subsection (c)(5), by striking ``water
                    supply and'' and inserting ``water supply, projects for
                    stormwater and drainage systems, and''; and
                        (B) in subsection (e)(1), by striking ``
                    $32,500,000'' and inserting `` $57,500,000''.
                (7) St. louis, missouri.--Section 219(f)(32) of the Water
            Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
            337; 121 Stat. 1233) is amended by striking `` $35,000,000''
            and inserting `` $70,000,000''.
                (8) Midwest city, oklahoma.--Section 219(f)(231) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 336; 121 Stat. 1266) is amended by striking ``
            $2,000,000'' and inserting `` $5,000,000''.
                (9) South central pennsylvania.--Section 313 of the Water
            Resources Development Act of 1992 (106 Stat. 4845; 109 Stat.
            407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat.
            1146) is amended--
                        (A) in subsection (g)(1), by striking ``
                    $200,000,000'' and inserting `` $400,000,000''; and
                        (B) in subsection (h)(2), by inserting ``Beaver,
                    Jefferson,'' after ``Washington,''.
                (10) Lakes marion and moultrie, south carolina.--Section
            219(f)(25) of the Water Resources Development Act of 1992 (106
            Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838;
            130 Stat. 1677; 132 Stat. 3818) is amended by striking ``
            $89,550,000'' and inserting `` $110,000,000''.
                (11) El paso county, texas.--Section 219(f)(269) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 336; 121 Stat. 1268) is amended by striking ``
            $25,000,000'' and inserting `` $75,000,000''.
                (12) Western rural water.--Section 595 of the Water
            Resources Development Act of 1999 (113 Stat. 383; 117 Stat.
            139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat.
            1219; 123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is
            amended--
                        (A) by striking the section heading and inserting
                    ``western rural water.'';
                        (B) in subsection (b), by inserting ``Arizona,''
                    before ``rural Idaho'';
                        (C) in subsection (c), by inserting ``Arizona,''
                    before ``Idaho''; and
                        (D) in subsection (i), by striking ``for the period
                    beginning with fiscal year 2001, $435,000,000, to
                    remain available until expended.'' and inserting the
                    following: ``, to remain available until expended--
                ``(1) for the period beginning with fiscal year 2001,
            $435,000,000 for Idaho, Montana, rural Nevada, New Mexico,
            rural Utah, and Wyoming; and
                ``(2) $150,000,000 for Arizona.''.
                (13) Central west virginia.--Section 571(h) of the Water
            Resources Development Act of 1999 (113 Stat. 371; 121 Stat.
            1257) is amended by striking `` $20,000,000'' and inserting ``
            $100,000,000''.
                (14) Southern west virginia.--Section 340(g) of the Water
            Resources Development Act of 1992 (106 Stat. 4856; 110 Stat.
            3727; 113 Stat. 320) is amended by striking `` $40,000,000''
            and inserting `` $120,000,000''.
        (c) Lowell Creek Tunnel, Seward, Alaska.--Section 5032(a)(2) of the
    Water Resources Development Act of 2007 (Public Law 110-114, 121 Stat.
    1205) is amended by striking ``15'' and inserting ``20''.
        (d) Cape Arundel Disposal Site, Maine.--Section 1312 of the Water
    Resources Development Act of 2018 (132 Stat. 3821) is amended by
    striking ``December 31, 2021'' and inserting ``September 30, 2024''.

    SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS.

        (a) Water Supply.--The following project modifications for water
    supply, as identified in the report entitled ``Report to Congress on
    Future Water Resources Development'' dated February 2019, and submitted
    to Congress on June 3, 2019, pursuant to section 7001 of the Water
    Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
    otherwise reviewed by Congress, are authorized to be carried out by the
    Secretary substantially in accordance with the recommendations included
    in such report pursuant to section 301(c) of the Water Supply Act of
    1958 (43 U.S.C. 390b(c)) and as follows:
                (1) Clarence cannon dam and mark twain lake project, salt
            river, missouri.--
                        (A) In general.--The project for Clarence Cannon
                    Dam and Mark Twain Lake Project, Salt River, Missouri,
                    authorized by section 203 of the Flood Control Act of
                    1962 (76 Stat. 1189; 79 Stat. 1089; 95 Stat. 1684), is
                    modified to release 5,600 acre-feet of future use water
                    supply storage to the Federal Government under water
                    supply contract No. DACW43-88-C-0036, and future
                    financial obligations for such volume of storage.
                        (B) Relief of certain obligations.--Upon execution
                    of the amendment required by subparagraph (C), the
                    State of Missouri shall be relieved of the obligation
                    to pay the percentage of the annual operation and
                    maintenance expense, the percentage of major
                    replacement cost, and the percentage of major
                    rehabilitation costs, of the joint use facilities of
                    the project described in subparagraph (A), that are
                    attributable to water supply storage space not being
                    used by the State during the period before the State
                    commences use of the storage space.
                        (C) Amendment to contract.--The Secretary shall
                    amend Water Supply Contract No. DACW43-88-C-0036, dated
                    March 10, 1988, between the United States and the State
                    of Missouri, to implement the modifications required
                    under subparagraphs (A) and (B).
                (2) City of plattsburg.--
                        (A) In general.--The project for Smithville Lake,
                    Missouri, authorized pursuant to section 204 of the
                    Flood Control Act of 1965 (79 Stat. 1080), is modified
                    to release the City of Plattsburg, Missouri, from--
                                (i) 8,850 acre-feet of future water supply
                            storage contracts; and
                                (ii) future financial obligations for the
                            volume of storage described in clause (i).
                        (B) Amendment to contract.--The Secretary shall
                    amend water supply contract No. DACW41-73-C-0008,
                    between the United States and the State of Missouri, to
                    implement the modifications under subparagraph (A).
                (3) City of smithville.--
                        (A) In general.--The project for Smithville Lake,
                    Missouri, authorized pursuant to section 204 of the
                    Flood Control Act of 1965 (79 Stat. 1080), is modified
                    to release the City of Smithville, Missouri, from--
                                (i) 6,000 acre-feet of future water supply
                            storage contracts; and
                                (ii) future financial obligations for the
                            volume of storage described in clause (i).
                        (B) Amendment to contract.--The Secretary shall
                    amend water supply contract No. DACW-41-73-C-0007,
                    between the United States and the State of Missouri, to
                    implement the modifications under subparagraph (A).
        (b) Flood Risk Management.--The following project modifications for
    flood risk management, as identified in a report entitled ``Report to
    Congress on Future Water Resources Development'', and submitted to
    Congress pursuant to section 7001 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
    Congress, are authorized to be carried out by the Secretary:
                (1) Modification of the project for flood risk management,
            lower Mississippi River, authorized by the Act of May 15, 1928
            (chapter 569, 45 Stat. 534), to incorporate the Wolf River
            Backwater and Nonconnah Creek levee systems into the project,
            authorized by section 5 of the Act of June 22, 1936 (chapter
            688, 49 Stat. 1575; 50 Stat. 881), subject to the determination
            of the Secretary that such systems meet all requirements
            applicable to such project.
                (2) Modification of the project for flood risk management,
            Red River below Denison Dam, Arkansas, Louisiana, and Texas,
            authorized by the Act of June 28, 1938 (chapter 795, 52 Stat.
            1219), to incorporate the Cherokee Park Levee into the project,
            subject to the determination of the Secretary that such levee
            meets all requirements applicable to such project.

    SEC. 354. COMPLETION OF MAINTENANCE AND REPAIR ACTIVITIES.

        (a) Expedited Completions.--
                (1) Upper snake river basin.--The Secretary shall expedite,
            in coordination with State, Tribal, and local authorities, the
            completion of maintenance and repair activities for those
            elements of the levee systems in the Upper Snake River Basin,
            authorized pursuant to the Flood Control Act of 1950 (64 Stat.
            179), that are operated and maintained by the Secretary.
                (2) Lower missouri river basin.--The Secretary shall
            expedite, in coordination with State and local authorities and
            stakeholders, the completion of maintenance and repair
            activities for those elements of the levee systems in the Lower
            Missouri River Basin, authorized pursuant to the Pick-Sloan
            Missouri River Basin Program (authorized by section 9(b) of the
            Act of December 22, 1944 (chapter 665, 58 Stat. 891)) or the
            Missouri River Bank Stabilization and Navigation project
            (authorized by section 2 of the Act of March 2, 1945 (chapter
            19, 59 Stat. 19)), that are operated and maintained by the
            Secretary.
                (3) Coos bay north jetty system, oregon.--The Secretary
            shall expedite, in coordination with State and local
            authorities and stakeholders, the completion of maintenance and
            repair activities for those elements of the Coos Bay North
            Jetty system, Oregon, authorized by the first section of the
            Act of January 21, 1927 (chapter 47, 44 Stat. 1014), that are
            operated and maintained by the Secretary.
                (4) Indian river inlet and bay, delaware.--The Secretary
            shall expedite, in coordination with State and local
            authorities, the completion of maintenance and repair
            activities for the elements of the project for navigation,
            Indian River Inlet and Bay, Delaware, authorized by the Act of
            August 26, 1937 (chapter 832, 50 Stat. 846), that are operated
            and maintained by the Secretary.
        (b) Savings Provision.--Nothing in this section affects the
    responsibility of the Secretary to comply with the requirements of any
    Federal law in carrying out the activities required to be expedited by
    this section.

    SEC. 355. PROJECT REAUTHORIZATIONS.

        (a) In General.--
                (1) Muddy river, massachusetts.--The separable elements for
            ecosystem restoration of the project for flood damage reduction
            and environmental restoration, Muddy River, Brookline and
            Boston, Massachusetts, authorized by section 522 of the Water
            Resources Development Act of 2000 (114 Stat. 2656), and
            deauthorized pursuant to section 6001 of the Water Resources
            Reform and Development Act of 2014 (128 Stat. 1345), are
            authorized to be carried out by the Secretary, subject to
            subsection (b).
                (2) East chester creek, new york.--Notwithstanding section
            1001 of the Water Resources Development Act of 1986 (33 U.S.C.
            579a), the project for navigation, East Chester Creek, New
            York, authorized by section 101 of the River and Harbor Act of
            1950 (64 Stat. 164; 100 Stat. 4181), and deauthorized pursuant
            to section 1001 of the Water Resources Development Act of 1986
            (33 U.S.C. 579(a)), is authorized to be carried out by the
            Secretary, subject to subsection (b).
                (3) Christiansted harbor, united states virgin islands.--
            Notwithstanding section 1002 of the Water Resources Development
            Act of 1986 (100 Stat. 4221), the portion of the project for
            navigation, Christiansted Harbor, St. Croix, United States
            Virgin Islands, authorized by section 101 of the River and
            Harbor Act of 1950 (64 Stat. 167), and deauthorized under
            section 1002 of the Water Resources Development Act of 1986
            (100 Stat. 4221), is authorized to be carried out by the
            Secretary, subject to subsection (b).
                (4) Charlotte amalie (st. thomas) harbor, united states
            virgin islands.--Notwithstanding section 1002 of the Water
            Resources Development Act of 1986 (100 Stat. 4221), the portion
            of the project for navigation, Charlotte Amalie (St. Thomas)
            Harbor, St. Thomas, United States Virgin Islands, authorized by
            the Act of August 26, 1937 (chapter 832, 50 Stat. 850), and
            deauthorized under section 1002 of the Water Resources
            Development Act of 1986 (100 Stat. 4221), is authorized to be
            carried out by the Secretary, subject to subsection (b).
        (b) Report to Congress.--The Secretary shall complete and submit to
    the Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public Works of
    the Senate a post-authorization change report (as such term is defined
    in section 1132(d) of the Water Resources Development Act of 2016 (33
    U.S.C. 2282e(d)) prior to carrying out a project identified in
    subsection (a).

    SEC. 356. CONVEYANCES.

        (a) Generally Applicable Provisions.--
                (1) Survey to obtain legal description.--The exact acreage
            and the legal description of any real property to be conveyed
            under this section shall be determined by a survey that is
            satisfactory to the Secretary.
                (2) Applicability of property screening provisions.--
            Section 2696 of title 10, United States Code, shall not apply
            to any conveyance under this section.
                (3) Costs of conveyance.--An entity to which a conveyance
            is made under this section shall be responsible for all
            reasonable and necessary costs, including real estate
            transaction and environmental documentation costs, associated
            with the conveyance.
                (4) Liability.--An entity to which a conveyance is made
            under this section shall hold the United States harmless from
            any liability with respect to activities carried out, on or
            after the date of the conveyance, on the real property
            conveyed. The United States shall remain responsible for any
            liability with respect to activities carried out, before such
            date, on the real property conveyed.
                (5) Additional terms and conditions.--The Secretary may
            require that any conveyance under this section be subject to
            such additional terms and conditions as the Secretary considers
            necessary and appropriate to protect the interests of the
            United States.
        (b) Eufaula, Alabama.--
                (1) Conveyance authorized.--The Secretary shall convey to
            the City of Eufaula, Alabama, all right, title, and interest of
            the United States in and to the real property described in the
            Department of the Army Lease No. DACW01-2-17-0747, containing
            56.76 acres, more or less, and being a part of Tracts L-1268
            (26.12 acres), L-1273 (13.71 acres), L-1278 (6.75 acres), and
            L1279 (10.36 acres) of the Walter F. George Lock and Dam and
            Lake project.
                (2) Deed.--The Secretary shall convey the property under
            this subsection by quitclaim deed under such terms and
            conditions as the Secretary determines appropriate to protect
            the interests of the United States.
                (3) Consideration.--The City of Eufaula, Alabama, shall pay
            to the Secretary an amount that is not less than the fair
            market value of the property conveyed under this subsection, as
            determined by the Secretary.
        (c) Montgomery, Alabama.--
                (1) Conveyance authorized.--The Secretary shall convey to
            the City of Montgomery, Alabama, all right, title, and interest
            of the United States in and to the real property described in
            paragraph (2).
                (2) Property.--The property to be conveyed is the 62.38
            acres of land and water under the primary jurisdiction of the
            Secretary in the R.E. ``Bob'' Woodruff Project Area that is
            covered by lease number DACW01-1-05-0037, including the parcels
            and structure known as ``Powder Magazine''.
                (3) Deadline.--To the extent practicable, the Secretary
            shall complete the conveyance under this subsection by not
            later than 180 days after the date of enactment of this Act.
                (4) Deed.--The Secretary shall convey the property under
            this subsection by quitclaim deed under such terms and
            conditions as the Secretary determines appropriate to protect
            the interests of the United States, to include retaining the
            right to inundate with water any land transferred under this
            subsection.
                (5) Consideration.--The City of Montgomery, Alabama, shall
            pay to the Secretary an amount that is not less than the fair
            market value of the property conveyed under this subsection, as
            determined by the Secretary.
        (d) Conveyance of Wilmington Harbor North Disposal Area,
    Delaware.--
                (1) In general.--As soon as practicable, the Secretary
            shall complete the conveyance of the Wilmington Harbor North
            Disposal Area confined disposal facility, Delaware, to the
            State of Delaware.
                (2) Deed.--The Secretary shall convey the property under
            this subsection by quitclaim deed under such terms and
            conditions as the Secretary determines appropriate to protect
            the interests of the United States.
                (3) Consideration.--The State of Delaware shall pay to the
            Secretary an amount that is not less than the fair market value
            of the property conveyed under this subsection, as determined
            by the Secretary.
        (e) Ohio River Lock and Dam Number 52, Massac County, Illinois.--
                (1) Conveyance authorized.--The Secretary shall convey to
            the Massac-Metropolis Port District, Illinois, all right,
            title, and interest of the United States in and to any real
            property located north of the south bank of the Ohio River in
            Massac County, Illinois, that is associated with the Ohio River
            Lock and Dam 52.
                (2) Deed.--The Secretary shall convey the property under
            this subsection by quitclaim deed under such terms and
            conditions as the Secretary determines appropriate to protect
            the interests of the United States.
                (3) Consideration.--The Massac-Metropolis Port District,
            Illinois, shall pay to the Secretary an amount that is not less
            than fair market value of the property conveyed under this
            subsection, as determined by the Secretary.
        (f) Upper St. Anthony Falls Lock and Dam, Minneapolis, Minnesota.--
                (1) Conveyance authorized.--As soon as practicable after
            the date of enactment of this Act, the Secretary shall, upon
            request--
                        (A) convey, without consideration, to the City of
                    Minneapolis, Minnesota, or its designee, all or
                    substantially all of the real property owned by the
                    United States adjacent to or in the vicinity of the
                    Upper St. Anthony Falls Lock and Dam, subject to the
                    right of the Secretary to retain any easements in such
                    property solely to the extent necessary to continue to
                    operate and maintain the Upper St. Anthony Falls Lock
                    and Dam; and
                        (B) provide, without consideration, to the City or
                    its designee--
                                (i) access and use rights by license,
                            easement, or similar agreement, to any real
                            property and structures at the site of the
                            Upper St. Anthony Falls Lock and Dam that is
                            not conveyed under subparagraph (A); and
                                (ii) for any such property retained by the
                            Secretary, exclusive license or easement over
                            such property to allow the City or its designee
                            to construct, use, and operate amenities
                            thereon, and to utilize such property as a
                            comprehensive recreational, touristic, and
                            interpretive experience.
                (2) Ownership and operation of lock and dam.--Ownership
            rights to the Upper St. Anthony Falls Lock and Dam shall not be
            conveyed under this subsection, and the Secretary shall retain
            all rights to operate and maintain the Upper St. Anthony Falls
            Lock and Dam.
                (3) Reversion.--If the Secretary determines that the
            property conveyed under this subsection is not used for a
            public purpose, all right, title, and interest in and to the
            property shall revert, at the discretion of the Secretary, to
            the United States.
                (4) Upper st. anthony falls lock and dam defined.--In this
            subsection, the term ``Upper St. Anthony Falls Lock and Dam''
            means the lock and dam located on Mississippi River Mile 853.9
            in Minneapolis, Minnesota.
        (g) Clinton, Missouri.--
                (1) Conveyance authorized.--The Secretary shall convey to
            the City of Clinton, Missouri, without consideration, all
            right, title, and interest of the United States in and to the
            real property described in paragraph (2).
                (2) Property.--The property to be conveyed is a tract of
            land situated in the S \1/2\ of Section 12 and the N \1/2\ of
            Section 13, Township 41 North, Range 26 West of the Fifth
            Principal Meridian, Henry County, Missouri, more particularly
            described as follows: Beginning at the point of intersection of
            the north line of said S \1/2\ of Section 12 and the easterly
            right-of-way of State Highway No. 13; thence easterly along the
            north line of said S \1/2\ to the northeast corner of the W \1/
            2\ NW \1/4\ NE \1/4\ SW \1/4\ of said Section 12; thence
            southerly along the east line of said W \1/2\ NW \1/4\ NE \1/4\
            SW \1/4\ to the southeast corner thereof; thence easterly along
            the north line of the S \1/2\ NE \1/4\ SW \1/4\ of said Section
            12 to the southwest corner of the W \1/2\ NW \1/4\ NW \1/4\ SE
            \1/4\ of said Section 12; thence in a northeasterly direction
            to the northeast corner of said W \1/2\ NW \1/4\ NW \1/4\ SE
            \1/4\ ; thence easterly along the north line of said S \1/2\ to
            the westerly right-of-way of the County Road; thence in a
            southeasterly and southerly direction along the westerly right-
            of-way of said County Road approximately 2500 feet to the
            center of Deer Creek; thence in a southwesterly direction along
            the center of said Deer Creek, approximately 3900 feet to the
            south line of said N \1/2\ of Section 13; thence westerly along
            the south line of said N \1/2\ to the easterly right-of-way
            line of the St. Louis-San Francisco Railroad; thence in a
            northwesterly direction along the easterly right-of-way of said
            railroad to the easterly right-of-way of said State Highway No.
            13; thence in a northeasterly direction along the easterly
            right-of-way of said State Highway No. 13 to the point of the
            beginning; and including a roadway easement for ingress and
            egress, described as a strip of land 80 feet in width, lying 40
            feet on each side of the following described line, the initial
            extremities of the following described strip being extended or
            reduced as required to exactly adjoin the boundary lines which
            they meet, situated in the S \1/2\ of Section 12, Township 41
            North Range 26 West of the Fifth Principal Meridian, Henry
            County, Missouri, more particularly described as follows:
            Commencing at the center of said Section 12, thence
            Sl24'56''W, 1265.52 feet to a point, thence N8829'02''W,
            483.97 feet to the point of beginning of the strip of land
            herein described; thence in a northeasterly direction along a
            curve to the right, said curve having an initial tangent
            bearing of N344'4l''E, a radius of 238.73 feet and an interior
            angle of 6129'26'', an arc distance of 256.21 feet to a point;
            thence N6514'07''E 218.58 feet to a point; thence in a
            northeasterly direction along a curve to the left, having a
            radius of 674.07 feet and an interior angle of 3600'01'', an
            arc distance of 423.53 feet to a point; thence N2914'07''E,
            417.87 feet to a point; thence northeasterly along a curve to
            the right, having a radius of 818.51 feet and an interior angle
            of 1430'01'', an arc distance of 207.15 feet to a point;
            thence N4344'07''E, 57.00 feet to the southerly right-of-way
            line of a county road, containing 2,948 acres, more or less;
            Excluding therefrom a tract of land situated in the S \1/2\ of
            said Section 12, said Township and Range, described as
            commencing at the center of said Section 12; thence
            S124'56''W, 1265.52 feet to the point of beginning of the
            tract of land herein described; thence N8829'02''W, 1122.50
            feet; thence S143'26''W, 872.62 feet; thence S8829'02''E,
            1337.36 feet; thence Nl43'26''E, 872.62 feet; thence
            N8829'02''W, 214.86 feet to the point of beginning, containing
            26.79 acres, more or less. The above described tract contains,
            in the aggregate, 177.69 acres, more or less.
                (3) Deed.--The Secretary shall convey the property under
            this subsection by quitclaim deed under such terms and
            conditions as the Secretary determines appropriate to protect
            the interests of the United States.
                (4) Reversion.--If the Secretary determines that the
            property conveyed under this subsection is not being used for a
            public purpose, all right, title, and interest in and to the
            property shall revert, at the discretion of the Secretary, to
            the United States.
        (h) City of Clinton, Old Orchard Addition, Missouri.--
                (1) Conveyance authorized.--The Secretary shall convey to
            the City of Clinton, Missouri, all right, title, and interest
            of the United States in and to the real property described in
            paragraph (2).
                (2) Property.--The property to be conveyed is Lot 28 in Old
            Orchard Addition, a subdivision of the City of Clinton, Henry
            County, Missouri, containing 0.36 acres, more or less,
            including any improvements thereon.
                (3) Deed.--The Secretary shall convey the property under
            this subsection by quitclaim deed under such terms and
            conditions as the Secretary determines appropriate to protect
            the interests of the United States, including such
            reservations, terms, and conditions as the Secretary determines
            necessary to allow the United States to operate and maintain
            the Harry S. Truman Reservoir Project.
                (4) Consideration.--The City of Clinton, Missouri, shall
            pay to the Secretary an amount that is not less than the fair
            market value of the property conveyed under this subsection, as
            determined by the Secretary.
        (i) Tri-County Levee District, Missouri.--
                (1) Conveyance authorized.--The Secretary shall convey to
            the Tri-County Levee District, Missouri, all right, title, and
            interest of the United States in and to the real property
            described in paragraph (2).
                (2) Property.--The property to be conveyed is the part of
            Sections 1 and 12 Township 45 North Range 6 West of the 5th
            P.M. in Montgomery County, Missouri, described as follows: A
            tract of land being 60' wide and lying South and East of and
            adjoining the centerline of the existing levee and being
            described as follows: Commencing at the NW corner of Section
            12, thence S 87 52' 35'' E 587.4', thence S 01 29' 25'' W
            453.68' to the point of the beginning; said point being in the
            center of the levee, thence with the centerline of the levee N
            77 01' 30'' E 164.92', thence N 74 26' 55'' E 250.0', thence
            N 72 27' 55'' E 270.0', thence N 69 06' 10'' E 300.0', thence
            N 66 42' 15'' E 500.0', thence N 64 14' 30'' E 270.0', thence
            N 61 09' 10'' E 800.0', thence N 60 58' 15'' E 1724.45',
            thence leaving the centerline S 01 10' 35'' W 69.43', thence
            parallel with the above described centerline S 60 58' 15'' W
            1689.62', thence S 61 09' 10'' W 801.71', thence S 64 14'
            30'' W 272.91', thence S 66 42' 15'' W 502.55', thence S 69
            06' 10'' W 303.02', thence S 72 27' 55'' W 272.8', thence S
            74 26' 55'' W 252.39', thence S 77 01' 30'' W 181.75', thence
            leaving the South side of the levee N 01 26' 25'' E 61.96' to
            the point of beginning and containing 5.89 acres more or less.
                (3) Deed.--The Secretary shall convey the property under
            this subsection by quitclaim deed under such terms and
            conditions as the Secretary determines appropriate to protect
            the interests of the United States.
                (4) Consideration.--The Tri-County Levee District,
            Missouri, shall pay to the Secretary an amount that is not less
            than the fair market value of the property conveyed under this
            subsection, as determined by the Secretary.
        (j) Judge Joseph Barker, Jr., House, Ohio.--
                (1) Non-federal entity.--In this subsection, the term
            ``non-Federal entity'' means the Friends of Joseph Barker, Jr.,
            House, a nonprofit organization in the State of Ohio.
                (2) Conveyance authorized.--
                        (A) In general.--Subject to paragraph (6), the
                    Secretary shall convey to the non-Federal entity,
                    without consideration, all right, title, and interest
                    of the United States in and to the property described
                    in paragraph (3)(A).
                        (B) Easement.--Upon conveyance of the property
                    under subparagraph (A), the Secretary shall provide to
                    the non-Federal entity, without consideration, an
                    easement over the property described in paragraph
                    (3)(B) for access to the conveyed property for as long
                    as the non-Federal entity is in legal possession of the
                    conveyed property.
                (3) Descriptions of property.--
                        (A) In general.--The property referred to in
                    paragraph (2)(A) is the following (as in existence on
                    the date of enactment of this Act):
                                (i) Judge joseph barker, jr., house.--The
                            tract of land situated in the State of Ohio,
                            Washington County, on the Ohio River, and being
                            particularly bounded and described as follows:
                            Beginning at a point located on the southern
                            right-of-way line of Ohio Route 7, a new corner
                            to the land now or formerly owned by the United
                            States of America; thence, leaving the right-
                            of-way of said Route 7 and severing the land of
                            said United States of America parallel to and
                            approximately 10 feet easterly of the toe of
                            the existing dredge disposal berm,
                            southeasterly approximately 326 feet to a point
                            prior to the current Corps of Engineers access
                            to the dredging spoil area; thence,
                            northeasterly approximately 480 feet
                            paralleling the top of the slope to the
                            riverbank side of the house and approximately
                            25 feet northerly therefrom; thence, northwest
                            approximately 302 feet to a point in the
                            southern right-of-way of Ohio Route 7; thence
                            with the right-of-way of said Route 7,
                            southwesterly approximately 485 feet to the
                            point of beginning, containing approximately
                            3.51 acres.
                                (ii) Road tract.--The tract of land
                            situated in the State of Ohio, Washington
                            County, on the Ohio River, and being
                            particularly bounded and described as follows:
                            Beginning at a point located on the southern
                            right-of-way line of Ohio Route 7, a new corner
                            to the land now or formerly owned by the United
                            States of America; thence, leaving the right-
                            of-way of said Route 7 and severing the land of
                            said United States of America and with the
                            House Parcel southeasterly 25 feet; thence,
                            northeast, running parallel to said Route 7
                            right-of-way, approximately 994 feet to a point
                            of deflection; thence northeasterly 368 feet to
                            a point beyond the existing fence corner;
                            thence, east 140 feet to the edge of the
                            existing Willow Island access road; thence with
                            said access road, northwesterly approximately
                            62 feet to a point in the southern right-of-way
                            of Ohio Route 7; thence with the right-of-way
                            of said Route 7, southwesterly approximately
                            1,491 feet to the point of beginning,
                            containing approximately 1 acre.
                        (B) Easement.--The property referred to in
                    paragraph (2)(B) is the following: The tract of land
                    situated in the State of Ohio, Washington County, on
                    the Ohio River, and being particularly bounded and
                    described as follows: Beginning at a point at the
                    intersection of the southern right-of-way of Ohio Route
                    7 and the northeast side of the existing Willow Island
                    access road, a new corner to the land now or formerly
                    owned by the United States of America; thence,
                    southwest, running with said Route 7 right-of-way,
                    approximately 30 feet to a point on the southwest side
                    of the existing access road, and corner to the road
                    tract; thence with said access road and the line of the
                    road parcel, southeasterly approximately 62 feet to a
                    point; thence leaving the road parcel and crossing the
                    existing access road northeasterly approximately 30
                    feet to a point located on the northeast side of the
                    existing access road; thence, northwesterly
                    approximately 62 feet, to the point of beginning,
                    containing approximately 0.04 acre.
                (4) Deed.--The Secretary shall convey the property under
            this subsection by quitclaim deed under such terms and
            conditions as the Secretary determines appropriate to protect
            the interests of the United States.
                (5) Reversion.--If the Secretary determines that the
            property conveyed under this subsection is not being used by
            the non-Federal entity for a public purpose, all right, title,
            and interest in and to the property shall revert, at the
            discretion of the Secretary, to the United States.
                (6) Requirements.--
                        (A) Improvements; environmental assessment.--
                                (i) Improvements.--The Secretary shall make
                            such improvements and alterations to the
                            property described in paragraph (3)(A)(i) as
                            the Secretary, in consultation with the non-
                            Federal entity and relevant stakeholders,
                            determines to be appropriate to facilitate
                            conveyance of the property and provision of the
                            easement under this subsection.
                                (ii) Environmental assessment.--Before
                            making a conveyance under paragraph (2), the
                            Secretary shall--
                                        (I) conduct, with respect to the
                                    property to be conveyed, an assessment
                                    of the environmental condition of the
                                    property, including an investigation of
                                    any potential hazardous, toxic, or
                                    radioactive waste present on such
                                    property; and
                                        (II) submit to the non-Federal
                                    entity a report describing the results
                                    of such assessment.
                                (iii) Limitation.--The total cost of the
                            activities carried out by the Secretary under
                            this subparagraph shall be not more than
                            $120,000.
                        (B) Refusal by non-federal entity.--
                                (i) In general.--Upon review by the non-
                            Federal entity of the report under subparagraph
                            (A)(ii), the non-Federal entity may elect to
                            refuse the conveyance under this subsection.
                                (ii) Election.--An election under clause
                            (i)--
                                        (I) shall be at the sole discretion
                                    of the non-Federal entity; and
                                        (II) shall be made by the non-
                                    Federal entity by not later than the
                                    date that is 30 days after the date of
                                    submission of the report under
                                    subparagraph (A)(ii)(II).
                        (C) Dredged material placement activities.--The
                    Secretary shall--
                                (i) notify and coordinate with the non-
                            Federal entity and relevant stakeholders before
                            carrying out any dredged material placement
                            activities associated with the property
                            described in paragraph (3)(A) after the date on
                            which such property is conveyed under this
                            subsection; and
                                (ii) in carrying out a dredged material
                            placement activity under clause (i), act in
                            accordance with Engineer Manual EM 1110-2-5025
                            (or a subsequent version of that manual).
                (7) Reservation of rights.--The Secretary may reserve and
            retain from any conveyance under this subsection a right-of-way
            or any other right that the Secretary determines to be
            necessary for the operation and maintenance of the authorized
            Federal channel along the Ohio River.
                (8) Treatment.--Conveyance to the non-Federal entity under
            this subsection of property described in paragraph (3)(A)(i)
            shall satisfy all obligations of the Secretary with respect to
            such property under--
                        (A) section 306101 of title 54, United States Code;
                    and
                        (B) section 306108 of title 54, United States Code,
                    with respect to the effects on the property of dredged
                    material placement activities carried out by the
                    Secretary after the date of the conveyances.
                (9) Inapplicability.--Subtitle I of title 40, and chapter 4
            of title 41, United States Code shall not apply to any
            conveyance or easement provided under this subsection.
        (k) Leaburg Fish Hatchery, Lane County, Oregon.--
                (1) Conveyance authorized.--Subject to the provisions of
            this subsection, the Secretary shall convey, without
            consideration, to the State of Oregon, acting through the
            Oregon Department of Fish and Wildlife, all right, title, and
            interest of the United States in and to the real property
            comprising the Leaburg Fish Hatchery, consisting of
            approximately 21.55 acres, identified as tracts Q-1500, Q-
            1501E, and 300E-1 and described in Department of the Army Lease
            No. DACW57-1-18-0009, together with any improvements on the
            property.
                (2) Water rights.--The Secretary may transfer to the State
            of Oregon, acting through the Oregon Department of Fish and
            Wildlife, any water rights held by the United States that are
            appurtenant to the property conveyed under this subsection.
                (3) Deed.--The Secretary shall convey the property under
            this subsection by quitclaim deed under such terms and
            conditions as the Secretary determines appropriate to protect
            the interests of the United States, including a condition that
            all of the property conveyed under this subsection be used and
            maintained by the State of Oregon for the purpose of operating
            a fish hatchery in perpetuity.
                (4) Reversion.--If the Secretary determines that the
            property conveyed under this subsection is not being used or
            maintained by the State of Oregon for the purpose of operating
            a fish hatchery in perpetuity, all or any portion of the
            property, including any water rights transferred under this
            subsection, shall, at the option of the Secretary, revert to
            the United States.
                (5) Savings clause.--If the State of Oregon does not accept
            the conveyance under this subsection, the Secretary may dispose
            of the property, including appurtenant water rights, under
            subchapter III of chapter 5 of title 40, United States Code.
        (l) Willamette Falls Locks, Willamette River, Oregon.--
                (1) Definitions.--In this section:
                        (A) Real estate appendix.--The term ``real estate
                    appendix'' means Appendix A of the document published
                    by the District Commander of the Portland District of
                    the Corps of Engineers, titled ``Willamette Falls Locks
                    Willamette River Oregon Section 216 Disposition Study
                    with Integrated Environmental Assessment''.
                        (B) Receiving entity.--The term ``receiving
                    entity'' means an entity identified by the State of
                    Oregon, in consultation with the Willamette Falls Locks
                    Commission, to receive the conveyance under paragraph
                    (2).
                        (C) Willamette falls locks project.--The term
                    ``Willamette Falls Locks project'' means the project
                    for navigation, Willamette Falls Locks, Willamette
                    River, Oregon, authorized by the Act of June 25, 1910
                    (36 Stat. 664, chapter 382).
                        (D) Willamette falls locks report.--The term
                    ``Willamette Falls Locks report'' means the memorandum
                    of the Director of Civil Works with the subject
                    ``Willamette Falls Locks (WFL), Willamette River Oregon
                    Section 216 Disposition Study with Integrated
                    Environmental Assessment (Study)'', dated July 11,
                    2019.
                (2) Conveyance authorized.--The Secretary is authorized to
            convey to the receiving entity, without consideration, all
            right, title, and interest of the United States in and to any
            land in which the Federal Government has a property interest
            for the Willamette Falls Locks project, together with any
            improvements on the land, subject to the requirements of this
            subsection and in accordance with the Willamette Falls Locks
            report.
                (3) Deed.--The Secretary shall convey the property under
            this subsection by quitclaim deed under such terms and
            conditions as the Secretary determines appropriate to protect
            the interests of the United States.
                (4) Subject to existing easements and other interests.--The
            conveyance of property under paragraph (2) shall be subject to
            all existing deed reservations, easements, rights-of-way, and
            leases that are in effect as of the date of the conveyance.
                (5) Reversion.--If the Secretary determines that the
            property conveyed under this subsection cease to be held in
            public ownership, all right, title, and interest in and to the
            property shall revert, at the discretion of the Secretary, to
            the United States.
                (6) Requirements before conveyance.--
                        (A) Perpetual road easement.--Before making the
                    conveyance under paragraph (2), the Secretary shall
                    acquire a perpetual road easement from an adjacent
                    property owner for use of an access road, which
                    easement shall convey with the property conveyed under
                    such paragraph.
                        (B) Environmental compliance.--Before making the
                    conveyance under paragraph (2), in accordance with the
                    real estate appendix, the Secretary shall complete a
                    Phase 1 Environmental Site Assessment pursuant to the
                    Comprehensive Environmental Response, Compensation, and
                    Liability Act of 1980 (42 U.S.C. 9601 et seq.).
                        (C) Historic preservation.--The Secretary may enter
                    into a memorandum of agreement with the Oregon State
                    Historic Preservation Office and the Advisory Council
                    on Historic Preservation that identifies actions the
                    Secretary shall take before making the conveyance under
                    paragraph (2).
                        (D) Repairs.--Before making the conveyance under
                    paragraph (2), the Secretary shall carry out repairs to
                    address primary seismic and safety risks in accordance
                    with the recommendations approved in the Willamette
                    Falls Locks report.
                (7) Deauthorization.--Beginning on the date on which the
            Secretary makes the conveyance under paragraph (2), the
            Willamette Falls Locks project is no longer authorized.

    SEC. 357. LAKE EUFAULA ADVISORY COMMITTEE.

        Section 3133(b) of the Water Resources Development Act of 2007 (121
    Stat. 1141) is amended by adding at the end the following:
                ``(5) Termination.--The committee shall terminate on the
            date that is 30 days after the date on which the committee
            submits final recommendations to the Secretary.''.

    SEC. 358. REPEAL OF MISSOURI RIVER TASK FORCE, NORTH DAKOTA.

        (a) In General.--Section 705 of the Water Resources Development Act
    of 2000 (114 Stat. 2696) is repealed.
        (b) Conforming Amendments.--
                (1) Purposes.--Section 702(b)(3) of the Water Resources
            Development Act of 2000 (114 Stat. 2695) is amended by
            inserting ``prepared under section 705(e) (as in effect on the
            day before the date of enactment of the Water Resources
            Development Act of 2020)'' before the period at the end.
                (2) Definitions.--Section 703 of the Water Resources
            Development Act of 2000 (114 Stat. 2695) is amended--
                        (A) by striking paragraphs (2) and (4); and
                        (B) by redesignating paragraphs (3) and (5) as
                    paragraphs (2) and (3), respectively.

    SEC. 359. REPEAL OF MISSOURI RIVER TASK FORCE, SOUTH DAKOTA.

        (a) In General.--Section 905 of the Water Resources Development Act
    of 2000 (114 Stat. 2709) is repealed.
        (b) Conforming Amendments.--
                (1) Purposes.--Section 902(b)(3) of the Water Resources
            Development Act of 2000 (114 Stat. 2708) is amended by
            inserting ``prepared under section 905(e) (as in effect on the
            day before the date of enactment of the Water Resources
            Development Act of 2020)'' before the period at the end.
                (2) Definitions.--Section 903 of the Water Resources
            Development Act of 2000 (114 Stat. 2708) is amended--
                        (A) by striking paragraphs (2) and (4); and
                        (B) by redesignating paragraphs (3) and (5) as
                    paragraphs (2) and (3), respectively.

    SEC. 360. CONFORMING AMENDMENTS.

        (a) Section 710 of the Water Resources Development Act of 1986 (33
    U.S.C. 2264), and the item relating to such section in the table of
    contents, are repealed.
        (b) Section 1001 of the Water Resources Development Act of 1986 (33
    U.S.C. 579a) is amended--
                (1) in subsection (b), by striking paragraph (2) and
            redesignating paragraph (3) as paragraph (2); and
                (2) by striking subsection (c).
        (c) Section 1001 of the Water Resources Reform and Development Act
    of 2014 (33 U.S.C. 2282c) is amended--
                (1) in subsection (d)--
                        (A) in paragraph (1), by striking ``Notwithstanding
                    the requirements of subsection (c), the Secretary'' and
                    inserting ``The Secretary'';
                        (B) by striking ``subsections (a) and (c)'' each
                    place it appears and inserting ``subsection (a)''; and
                        (C) by striking paragraph (4); and
                (2) by striking subsection (c) and redesignating
            subsections (d) through (g) as subsections (c) through (f),
            respectively.
        (d) Section 6003 of the Water Resources Reform and Development Act
    of 2014 (33 U.S.C. 579c), and the item relating to such section in the
    table of contents, are repealed.
        (e) Section 1301 of the Water Resources Development Act of 2016 (33
    U.S.C. 579d), and the item relating to such section in the table of
    contents, are repealed.
        (f) Section 1302 of the Water Resources Development Act of 2016 (33
    U.S.C. 579c-1), and the item relating to such section in the table of
    contents, are repealed.
        (g) Section 1301 of the Water Resources Development Act of 2018 (33
    U.S.C. 579d-1), and the item relating to such section in the table of
    contents, are repealed.
        (h) Section 1302 of the Water Resources Development Act of 2018 (33
    U.S.C. 579c-2), and the item relating to such section in the table of
    contents, are repealed.

                    TITLE IV--WATER RESOURCES INFRASTRUCTURE

    SEC. 401. PROJECT AUTHORIZATIONS.

        The following projects for water resources development and
    conservation and other purposes, as identified in the reports titled
    ``Report to Congress on Future Water Resources Development'' submitted
    to Congress pursuant to section 7001 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
    Congress, are authorized to be carried out by the Secretary
    substantially in accordance with the plans, and subject to the
    conditions, described in the respective reports or decision documents
    designated in this section:
                (1) Navigation.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. AK     Port of Nome        May 29, 2020   Federal: $378,908,000
               Modifications                     Non-Federal: $126,325,000
                                                 Total: $505,233,000
    ------------------------------------------------------------------------
    2. AK     St. George Harbor   August 13,     Federal: $147,874,000
               Improvement, St.    2020          Non-Federal: $16,508,000
               George                            Total: $164,382,000
    ------------------------------------------------------------------------
    3. AK     Unalaska (Dutch     February 7,    Federal: $26,967,000
               Harbor) Channels    2020          Non-Federal: $8,989,000
                                                 Total: $35,956,000
    ------------------------------------------------------------------------
    4. CT      New Haven Harbor   May 7, 2020    Federal: $55,250,000
               Navigation                        Non-Federal: $19,442,000
               Improvement                       Total: $74,692,000
               Project
    ------------------------------------------------------------------------
    5. NY,    New York and New    April 23,      Federal: $19,550,000
     NJ        Jersey Harbor       2020          Non-Federal: $6,520,000
               Anchorages                        Total: $26,070,000
    ------------------------------------------------------------------------
    6. TX     Gulf Intracoastal   October 23,    Total: $414,144,000
               Waterway, Brazos    2019
               River Floodgates
               and Colorado
               River Locks
    ------------------------------------------------------------------------
    7. TX     Houston Ship        April 23,      Federal: $625,204,000
               Channel Expansion   2020          Non-Federal: $260,431,000
               Channel                           Total: $885,635,000
               Improvement
               Project, Harris,
               Chambers, and
               Galveston
               Counties
    ------------------------------------------------------------------------
    8. TX     Matagorda Ship      November 15,   Federal: $140,156,000
               Channel             2019          Non-Federal: $80,500,000
               Improvement                       Total: $220,656,000
               Project, Port
               Lavaca
    ------------------------------------------------------------------------
    9. VA     Atlantic            August 25,     Federal: $102,755,000
               Intracoastal        2020          Non-Federal: $0
               Waterway, North                   Total: $102,755,000
               Landing Bridge
               Replacement
    ------------------------------------------------------------------------

                (2) Flood risk management.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. AZ     Little Colorado     December 14,   Federal: $54,260,000
               River at Winslow,   2018          Non-Federal: $29,217,000
               Navajo County                     Total: $83,477,000
    ------------------------------------------------------------------------
    2. CA     Westminster, East   July 9, 2020   Federal: $324,905,000
               Garden Grove,                     Non-Federal: $940,191,000
               California Flood                  Total: $1,265,096,000
               Risk Management
    ------------------------------------------------------------------------
    3. CT,    Westchester County  May 7, 2020    Federal: $15,199,000
     NY        Streams, Byram                    Non-Federal: $15,199,000
               River Basin,                      Total: $30,397,000
               Fairfield County,
               Connecticut, and
               Westchester
               County, New York
    ------------------------------------------------------------------------
    4. KY     Louisville          October 27,    Federal: $122,170,000
               Metropolitan        2020          Non-Federal: $65,917,000
               Flood Protection                  Total: $188,087,000
               System
               Reconstruction,
               Jefferson and
               Bullitt Counties
    ------------------------------------------------------------------------
    5. ND     Souris River Basin  April 16,      Federal: $59,582,915
               Flood Risk          2019          Non-Federal: $32,364,085
               Management                        Total: $91,947,000
    ------------------------------------------------------------------------
    6. NJ     Peckman River       April 29,      Federal: $98,137,000
               Basin               2020          Non-Federal: $52,843,000
                                                 Total: $150,980,000
    ------------------------------------------------------------------------
    7. NM     Middle Rio Grande   March 13,      Federal: $201,944,451
               Flood Protection,   2020          Non-Federal: $108,740,000
               Bernalillo to                     Total: $310,684,000
               Belen
    ------------------------------------------------------------------------
    8. OK     Tulsa and West-     April 23,      Federal: $89,311,000
               Tulsa Levee         2020          Non-Federal: $48,091,000
               System, Tulsa                     Total: $137,402,000
               County
    ------------------------------------------------------------------------
    9. PR     Rio Culebrinas at   August 17,     Federal: $17,295,600
               Aguiadilla and      2020          Non-Federal: $8,568,400
               Aguada                            Total: $25,864,000
    ------------------------------------------------------------------------
    10. PR    Rio Guayanilla      August 13,     Federal: $103,422,000
               Flood Risk          2020          Non-Federal: $55,689,000
               Management,                       Total: $159,111,000
               Guayanilla
    ------------------------------------------------------------------------
    11. PR    Rio Grande de       November 18,   Federal: $9,770,000
               Manati Flood Risk   2020          Non-Federal: $4,520,000
               Management,                       Total: $14,290,000
               Ciales
    ------------------------------------------------------------------------
    12. USVI  Savan Gut, St.      August 24,     Federal: $48,658,100
               Thomas              2020          Non-Federal: $25,455,900
                                                 Total: $74,114,000
    ------------------------------------------------------------------------
    13. USVI  Turpentine Run,     August 17,     Federal: $29,817,850
               St. Thomas          2020          Non-Federal: $15,311,150
                                                 Total: $45,129,000
    ------------------------------------------------------------------------

                (3) Hurricane and storm damage risk reduction.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. DE     Delaware            March 6, 2020  Initial Federal:
               Beneficial Use of                  $66,464,000
               Dredged Material                  Initial Non-Federal:
               for the Delaware                   $35,789,000
               River                             Total: $102,253,000
                                                 Renourishment Federal:
                                                  $120,023,000
                                                 Renourishment Non-Federal:
                                                  $120,023,000
                                                 Renourishment Total:
                                                  $240,046,000
    ------------------------------------------------------------------------
    2. NJ     New Jersey          April 8, 2020  Initial Federal:
               Beneficial Use of                  $84,071,000
               Dredged Material                  Initial Non-Federal:
               for the Delaware                   $45,270,000
               River                             Total: $129,341,000
                                                 Renourishment Federal:
                                                  $85,495,000
                                                 Renourishment Non-Federal:
                                                  $85,495,000
                                                 Renourishment Total:
                                                  $170,990,000
    ------------------------------------------------------------------------
    3. NJ     Rahway River        June 9, 2020   Federal: $48,322,000
               Basin, New Jersey                 Non-Federal: $26,020,000
               Coastal Storm                      Total: $74,342,000
               Risk Management
    ------------------------------------------------------------------------
    4. NJ     Raritan Bay and     August 25,     Federal: $107,680,000
               Sandy Hook Bay,     2020          Non-Federal: $57,981,000
               Highlands                          Total: $165,661,000
    ------------------------------------------------------------------------
    5. NY     East Rockaway       August 22,     Initial Federal:
               Inlet to Rockaway   2019           $638,460,000
               Inlet and Jamaica                 Initial Non-Federal: $0
               Bay, Atlantic                     Total: $638,460,000
               Coast of New York                 Renourishment Federal:
                                                  $200,924,000
                                                 Renourishment Non-Federal:
                                                  $200,924,000
                                                 Renourishment Total:
                                                  $401,847,000
    ------------------------------------------------------------------------
    6. NY     Fire Island Inlet   July 9, 2020   Initial Federal:
               to Montauk Point,                  $1,576,790,000
               New York                          Initial Non-Federal: $0
               Reformulation                     Total: $1,576,790,000
                                                 Renourishment Federal:
                                                  $767,695,000
                                                 Renourishment Non-Federal:
                                                  $767,695,000
                                                 Renourishment Total:
                                                  $1,535,390,000
    ------------------------------------------------------------------------
    7. NY     Hashamomuck Cove    December 9,    Initial Federal:
               Coastal Storm       2019           $11,920,000
               Risk Management                   Initial Non-Federal:
                                                  $6,418,000
                                                 Total: $18,338,000
                                                 Renourishment Federal:
                                                  $24,237,000
                                                 Renourishment Non-Federal:
                                                  $24,237,000
                                                 Renourishment Total:
                                                  $48,474,000
    ------------------------------------------------------------------------
    8. RI     Pawcatuck River     December 19,   Federal: $37,679,000
               Coastal Storm       2018           Non-Federal: $20,289,000
               Risk Management                   Total: $57,968,000
               Project
    ------------------------------------------------------------------------
    9. VA     Norfolk Coastal     February 5,    Federal: $942,920,000
               Storm Risk          2019          Non-Federal: $507,730,000
               Management                         Total: $1,450,650,000
    ------------------------------------------------------------------------

                (4) Flood risk management and ecosystem restoration.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. CO     South Platte River  July 29, 2019  Federal: $344,076,000
               and Tributaries,                  Non-Federal: $206,197,000
               Adams and Denver                  Total: $550,273,000
               Counties
    ------------------------------------------------------------------------

                (5) Ecosystem restoration.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. CA     Delta Islands and    December 18,  Federal: $17,251,000
               Levees              2018          Non-Federal: $9,289,000
                                                 Total: $26,540,000
    ------------------------------------------------------------------------
    2. CA     Malibu Creek        November 13,   Federal: $172,249,000
               Ecosystem           2020          Non-Federal: $106,960,000
               Restoration, Los                  Total: $279,209,000
               Angeles and
               Ventura Counties
    ------------------------------------------------------------------------
    3. CA     Yuba River          June 20, 2019  Federal: $66,975,000
               Ecosystem                         Non-Federal: $36,064,000
               Restoration                       Total: $103,039,000
    ------------------------------------------------------------------------
    4. CO,    Rio Grande,         August 5,      Federal: $16,998,000
     NM, TX    Environmental       2019          Non-Federal: $9,153,000
               Management                        Total: $26,151,000
               Program, Sandia
               Pueblo to Isleta
               Pueblo, New
               Mexico, Ecosystem
               Restoration
    ------------------------------------------------------------------------
    5. FL     Comprehensive       April 8, 2020  Federal: $379,583,000
               Everglades                        Non-Federal: $375,737,000
               Restoration Plan,                 Total: $755,320,000
               Loxahatchee River
               Watershed
               Restoration
               Project, Martin
               and Palm Beach
               Counties
    ------------------------------------------------------------------------
    6. IA,    Grand River Basin   November 18,   Federal: $78,876,000
     MO        Ecosystem           2020          Non-Federal: $42,471,000
               Restoration                       Total: $121,347,000
    ------------------------------------------------------------------------
    7. IL     The Great Lakes     May 23, 2019   Federal: $557,730,550
               and Mississippi                   Non-Federal: $300,316,450
               River Interbasin                  Total: $858,047,000
               Study - Brandon
               Road, Will County
    ------------------------------------------------------------------------
    8. IL     South Fork of the   July 9, 2020   Federal: $11,657,000
               South Branch of                   Non-Federal: $6,277,000
               the Chicago                       Total: $17,934,000
               River, Bubbly
               Creek, Ecosystem
               Restoration
    ------------------------------------------------------------------------
    9. MD     Anacostia           December 19,   Federal: $25,866,750
               Watershed           2018          Non-Federal: $13,928,250
               Restoration,                      Total: $39,795,000
               Prince George's
               County
    ------------------------------------------------------------------------
    10. MO    St. Louis           November 1,    Federal: $61,362,893
               Riverfront-         2019          Non-Federal: $33,042,107
               Meramec River                     Total: $94,405,000
               Basin Ecosystem
               Restoration
    ------------------------------------------------------------------------
    11. NY,   Hudson-Raritan      May 26, 2020   Federal: $273,933,000
     NJ        Estuary Ecosystem                 Non-Federal: $147,502,000
               Restoration                       Total: $421,435,000
    ------------------------------------------------------------------------
    12. NY    Hudson River        November 19,   Federal: $33,479,000
               Habitat             2020          Non-Federal: $11,159,000
               Restoration                       Total: $44,638,000
    ------------------------------------------------------------------------
    13. TX    Jefferson County    September 12,  Federal: $38,942,000
               Ecosystem           2019          Non-Federal: $20,969,000
               Restoration                       Total: $59,911,000
    ------------------------------------------------------------------------

                (6) Water supply.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. OR     Willamette River    December 18,   Federal: $0
               Basin Review        2019          Non-Federal: $0
               Reallocation,                     Total: $0
    ------------------------------------------------------------------------

                (7) Modifications and other projects.--

    ------------------------------------------------------------------------
                                   C.  Date of
    A. State       B.  Name          Decision        D.  Estimated  Costs
                                     Document
    ------------------------------------------------------------------------
    1. CA     San Luis Rey Flood  July 24, 2020  Federal: $143,407,500
               Control Project,                  Non-Federal: $47,802,500
               San Diego County                   Total: $191,210,000
    ------------------------------------------------------------------------
    2. FL     Caloosahatchee      July 24, 2020  Federal: $514,999,000
               River West Basin                  Non-Federal: $514,999,000
               Storage Reservoir                 Total: $1,029,998,000
               (C-43 WBSR)
    ------------------------------------------------------------------------
    3. FL     Central and         September 15,  Federal: $66,736,500
               Southern Florida,   2020          Non-Federal: $66,736,500
               Canal 111 (C-111)                  Total: $133,473,000
               South Dade
               Project
    ------------------------------------------------------------------------
    4. KY     Kentucky Lock       June 9, 2020   Total: $1,166,809,000
    ------------------------------------------------------------------------
    5. NC     Carolina Beach      June 16, 2020  Federal: $25,125,000
               Integrated Beach                  Non-Federal: $25,125,000
               Renourishment                     Total: $50,250,000
    ------------------------------------------------------------------------
    6. NC     Wrightsville Beach  July 2, 2020   Federal: $60,068,000
                                                 Non-Federal: $18,486,000
                                                 Total: $78,554,000
                                                 Renourishment Federal:
                                                  $18,918,900
                                                 Renourishment Non-Federal:
                                                  $10,187,100
                                                 Renourishment Total:
                                                  $29,106,000
    ------------------------------------------------------------------------
    7. TX     Corpus Christi      May 4, 2020    Federal: $406,343,000
               Ship Channel,                     Non-Federal: $275,274,000
               Deepening and                     Total: $681,617,000
               Widening and
               Barge Shelves
    ------------------------------------------------------------------------
    8. VA     Atlantic            October 19,    Federal: $59,500,000
               Intracoastal        2020          Non-Federal: $0
               Waterway Deep                      Total: $59,500,000
               Creek Bridge
               Replacement
    ------------------------------------------------------------------------

    SEC. 402. SPECIAL RULES.

        (a) Great Lakes and Mississippi River Interbasin Project, Brandon
    Road, Will County, Illinois.--The Secretary shall carry out the project
    for ecosystem restoration, Great Lakes and Mississippi River Interbasin
    project, Brandon Road, Will County, Illinois, authorized by section 401
    of this Act, substantially in accordance with the terms and conditions
    described in the Report of the Chief of Engineers, dated May 23, 2019,
    with the following modifications:
                (1) The Federal share of the cost of construction shall be
            80 percent.
                (2) The Secretary may include the addition or substitution
            of technologies or measures not described in the report, as the
            Secretary determines to be advisable.
        (b) East Rockaway Inlet to Rockaway Inlet and Jamaica Bay
    Reformulation, New York.--The project for hurricane and storm damage
    reduction, East Rockaway Inlet to Rockaway Inlet and Jamaica Bay,
    Atlantic Coast of New York, authorized by section 401 of this Act,
    shall be considered to be a continuation of the interim response to the
    authorization by the House of Representatives dated September 20, 1997,
    and the authorization under the heading ``Department of the Army--Corps
    of Engineers--Civil--Construction'' under chapter 4 of title X of the
    Disaster Relief Appropriations Act, 2013 (127 Stat. 24).
        (c) Tulsa and West-Tulsa Levee System, Tulsa County, Oklahoma.--For
    the project for flood risk management, Tulsa and West-Tulsa Levee
    System, Tulsa County, Oklahoma, authorized by section 401 of this Act,
    the non-Federal contribution for the project shall be financed over a
    period of 30 years from the date of completion of the project, in
    accordance with section 103(k) of the Water Resources Development Act
    of 1986 (33 U.S.C. 2213(k)).
        (d) Willamette River Basin Review Reallocation Study.--The
    Secretary shall carry out the project for water supply, Willamette
    River Basin Review Reallocation, Oregon, authorized by section 401 of
    this Act, substantially in accordance with the terms and conditions
    described in the Report of the Chief of Engineers, dated December 18,
    2019, with the following modifications:
                (1) The Secretary shall meet the obligations of the Corps
            of Engineers under the Endangered Species Act of 1973 by
            complying with the June 2019 NMFS Willamette Basin Review Study
            Biological Opinion Reasonable and Prudent Alternative until
            such time, if any, as it is modified or replaced, in whole or
            in part, through the consultation process under section 7(a) of
            the Endangered Species Act of 1973.
                (2) The Secretary may reallocate not more than 10 percent
            of overall storage in the joint conservation pool, as
            authorized by this Act and without further congressional
            action, if such reallocation is consistent with the ongoing
            consultation under section 7(a) of the Endangered Species Act
            of 1973 related to Willamette Valley System operations.
                (3) The Secretary shall ensure that the revised
            reallocation is not reallocated from a single storage use, does
            not seriously affect authorized project purposes, and does not
            otherwise involve major operational changes to the project.
        (e) Cano Martin Pena, San Juan, Puerto Rico.--Section 5127 of the
    Water Resources Development Act of 2007 (121 Stat. 1242) is amended by
    striking `` $150,000,000'' and inserting `` $255,816,000''.

    SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASIBILITY STUDIES
                  PREPARED BY NON-FEDERAL INTERESTS.

        (a) In General.--The Secretary is authorized to carry out the
    following projects for water resources development and conservation and
    other purposes, subject to subsection (b):
                (1) Fort pierce, st. lucie county, florida.--The project
            for hurricane and storm damage reduction, Fort Pierce, St.
            Lucie County, Florida, as described in the review assessment of
            the Secretary, titled ``Review Assessment of St. Lucie County,
            Florida Fort Pierce Shore Protection Project Section 203
            Integrated Feasibility Study and Environmental Assessment (June
            2018)'' and dated July 2018, at a total cost of $33,107,639,
            and at an estimated total cost of $97,958,972 for periodic
            nourishment over the 50-year life of the project.
                (2) Baptiste collette bayou, louisiana.--The project for
            navigation, Baptiste Collette Bayou, Louisiana, as described in
            the review assessment of the Secretary, titled ``Review
            Assessment of Plaquemines Parish Government's Section 203 Study
            Baptiste Collette Bayou Navigation Channel Deepening Project
            Integrated Feasibility Study and Environmental Assessment
            (January 2017, Amended April 2018)'' and dated June 2018, at a
            total cost of $44,920,000.
                (3) Houma navigation canal, louisiana.--The project for
            navigation, Houma Navigation Canal, Louisiana, as described in
            the review assessment of the Secretary, titled ``Review
            Assessment of Houma Navigation Canal Deepening Project Section
            203 Integrated Feasibility Report and DRAFT Environmental
            Impact Statement (June 2018)'' and dated July 2018, at a total
            cost of $253,458,000.
                (4) Port fourchon belle pass channel, louisiana.--The
            project for navigation, Port Fourchon Belle Pass Channel,
            Louisiana, as described in the review assessment of the
            Secretary, titled ``Review Assessment of Port Fourchon Belle
            Pass Channel Deepening Project Section 203 Feasibility Study
            (January 2019, revised January 2020)'' and dated April 2020, at
            a total cost of $95,483,000.
                (5) Wilmington harbor, north carolina.--The project for
            navigation, Wilmington Harbor, North Carolina, as described in
            the review assessment of the Secretary, titled ``Review
            Assessment of Wilmington Harbor, North Carolina Navigation
            Improvement Project Integrated Section 203 Study &
            Environmental Report (February 2020)'' and dated May 2020, at a
            total cost of $834,093,000.
                (6) Chacon creek, texas.--The project for flood risk
            management, ecosystem restoration, and other purposes, Chacon
            Creek, Texas, as described in the review assessment of the
            Secretary, titled ``Review Assessment of Chacon Creek, Texas
            Section 203 Integrated Feasibility Report and DRAFT
            Environmental Assessment (August 2018)'' and dated September
            2018, at a total cost of $51,973,000.
        (b) Requirements.--The Secretary may only carry out a project
    authorized under subsection (a)--
                (1) substantially in accordance with the applicable review
            assessment for the project submitted by the Secretary under
            section 203(c) of the Water Resources Development Act of 1986,
            as identified in subsection (a) of this section, and subject to
            such modifications or conditions as the Secretary considers
            appropriate and identifies in a final assessment that addresses
            the concerns, recommendations, and conditions identified by the
            Secretary in the applicable review assessment; and
                (2) after the Secretary transmits to the Committee on
            Transportation and Infrastructure of the House of
            Representatives and the Committee on Environment and Public
            Works of the Senate such final assessment.

                             TITLE V--OTHER MATTERS

    SEC. 501. UPDATE ON INVASIVE SPECIES POLICY GUIDANCE.

        (a) In General.--The Secretary shall periodically update the
    Invasive Species Policy Guidance, developed under section 104 of the
    River and Harbor Act of 1958 (33 U.S.C. 610) and the Nonindigenous
    Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et
    seq.), in accordance with the most recent National Invasive Species
    Council Management Plan developed pursuant to Executive Order 13112.
        (b) Inclusion.--The Secretary may include in the updated guidance
    invasive species specific efforts at federally authorized water
    resources development projects located in--
                (1) high-altitude lakes; and
                (2) the Tennessee and Cumberland River basins.

    SEC. 502. AQUATIC INVASIVE SPECIES RESEARCH.

        Section 1108 of the Water Resources Development Act of 2018 (33
    U.S.C. 2263a) is amended--
                (1) in subsection (a)--
                        (A) by striking ``management'' and inserting
                    ``prevention, management,''; and
                        (B) by inserting ``, elodea, quagga mussels,''
                    after ``Asian carp''; and
                (2) in subsection (b)--
                        (A) by inserting ``or could be impacted in the
                    future'' after ``impacted''; and
                        (B) by striking ``Pacific'' and all that follows
                    through the period at the end and inserting ``Pacific,
                    Arctic, and Gulf Coasts, the Great Lakes, and
                    reservoirs operated and maintained by the Secretary.''.

    SEC. 503. TERRESTRIAL NOXIOUS WEED CONTROL PILOT PROGRAM.

        (a) In General.--The Secretary shall carry out a pilot program, in
    consultation with the Federal Interagency Committee for the Management
    of Noxious and Exotic Weeds, to identify and develop new and improved
    strategies for terrestrial noxious weed control on Federal land under
    the jurisdiction of the Secretary.
        (b) Partnerships.--In carrying out the pilot program under
    subsection (a), the Secretary shall act in partnership with such other
    individuals and entities as the Secretary determines to be appropriate.
        (c) Cooperative Agreements.--The Secretary may utilize cooperative
    agreements with county and State agencies for the implementation of the
    pilot program under subsection (a).
        (d) Report to Congress.--Not later than 2 years after the date of
    enactment of this Act, the Secretary shall provide to the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report describing the new and improved strategies developed through the
    pilot program under subsection (a).

    SEC. 504. INVASIVE SPECIES RISK ASSESSMENT, PRIORITIZATION, AND
                  MANAGEMENT.

        Section 528(f)(2) of the Water Resources Development Act of 1996
    (110 Stat. 3771) is amended--
                (1) by redesignating subparagraphs (I) and (J) as
            subparagraphs (J) and (K), respectively;
                (2) by inserting after subparagraph (H) the following:
                        ``(I) shall, using existing amounts appropriated to
                    the Task Force, develop and update, as appropriate, a
                    priority list of invasive species that--
                                ``(i) reflects an assessment of ecological
                            risk that the listed invasive species
                            represent;
                                ``(ii) includes populations of invasive
                            plants and animals that--
                                        ``(I) are significantly impacting
                                    the structure and function of
                                    ecological communities, native species,
                                    or habitat within the South Florida
                                    ecosystem; or
                                        ``(II) demonstrate a strong
                                    potential to reduce, obscure, or
                                    otherwise alter key indicators used to
                                    measure Everglades restoration
                                    progress; and
                                ``(iii) shall be used by the Task Force and
                            agencies and entities represented on the Task
                            Force to focus cooperative and collaborative
                            efforts--
                                        ``(I) to guide applied research;
                                        ``(II) to develop innovative
                                    strategies and tools to facilitate
                                    improved management, control, or
                                    eradication of listed invasive species;
                                        ``(III) to implement specific
                                    management, control, or eradication
                                    activities at the appropriate
                                    periodicity and intensity necessary to
                                    reduce or neutralize the impacts of
                                    listed invasive species, including the
                                    use of qualified skilled volunteers
                                    when appropriate; and
                                        ``(IV) to develop innovative
                                    strategies and tools to prevent future
                                    introductions of nonnative species;'';
                (3) in subparagraph (J) (as so redesignated), by striking
            ``ecosystem'' and inserting ``ecosystem, including the
            activities described in subparagraph (I)''; and
                (4) in clause (i) of subparagraph (K) (as so redesignated),
            by inserting ``, including the priority list under subparagraph
            (I) and the activities described in that subparagraph'' after
            ``Task Force''.

    SEC. 505. INVASIVE SPECIES MITIGATION AND REDUCTION.

        Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
    amended--
                (1) in subsection (b)--
                        (A) in paragraph (1)--
                                (i) in the matter preceding subparagraph
                            (A), by striking ``this section $110,000,000''
                            and inserting ``this section (except for
                            subsections (f) and (g)) $130,000,000'';
                                (ii) in subparagraph (B), by striking
                            ``and'' at the end;
                                (iii) in subparagraph (C), by striking the
                            period at the end and inserting a semicolon;
                            and
                                (iv) by adding at the end the following:
                        ``(D) $30,000,000 shall be made available to carry
                    out subsection (d)(1)(A)(iv); and
                        ``(E) $10,000,000 shall be made available to carry
                    out subsection (d)(1)(A)(v).'';
                        (B) by redesignating paragraph (2) as paragraph
                    (3);
                        (C) by inserting after paragraph (1) the following:
                ``(2) Other programs.--
                        ``(A) In general.--There are authorized to be
                    appropriated--
                                ``(i) $10,000,000 for each of fiscal years
                            2021 through 2024 to carry out subsection (f);
                            and
                                ``(ii) $50,000,000 for each of fiscal years
                            2021 through 2024 to carry out subsection
                            (g)(2).
                        ``(B) Invasive plant species pilot program.--There
                    is authorized to be appropriated to the Secretary of
                    the Interior, acting through the Director of the United
                    States Fish and Wildlife Service, $10,000,000 to carry
                    out subsection (g)(3).''; and
                        (D) in paragraph (3) (as so redesignated), by
                    inserting ``or (2)(A)'' after ``paragraph (1)'';
                (2) in subsection (d)--
                        (A) in the subsection heading, by inserting ``and
                    Decontamination'' after ``Inspection'';
                        (B) in paragraph (1)--
                                (i) in subparagraph (A)--
                                        (I) in the subparagraph heading, by
                                    inserting ``and decontamination'' after
                                    ``inspection'';
                                        (II) in clause (ii), by striking
                                    ``and'' at the end;
                                        (III) in clause (iii), by striking
                                    ``Arizona River Basins.'' and inserting
                                    ``Arkansas River Basins;''; and
                                        (IV) by adding at the end the
                                    following:
                                ``(iv) to protect the Russian River Basin,
                            California; and
                                ``(v) to protect basins and watersheds that
                            adjoin an international border between the
                            United States and Canada.''; and
                                (ii) by striking subparagraph (B) and
                            inserting the following:
                        ``(B) Locations.--The Secretary shall place
                    watercraft inspection and decontamination stations
                    under subparagraph (A) at locations with the highest
                    likelihood of preventing the spread of aquatic invasive
                    species into and out of waters of the United States, as
                    determined by the Secretary in consultation with the
                    Governors and entities described in paragraph (3).'';
                        (C) in paragraph (3)(A), by striking ``(iii)'' and
                    inserting ``(v)''; and
                        (D) by striking ``watercraft inspection stations''
                    each place it appears and inserting ``watercraft
                    inspection and decontamination stations''; and
                (3) by adding at the end the following:
        ``(f) Invasive Species Management Pilot Program.--
                ``(1) Definition of invasive species.--In this subsection,
            the term `invasive species' has the meaning given the term in
            section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating
            to invasive species (February 3, 1999)) (as amended by section
            2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to
            safeguarding the Nation from the impacts of invasive species
            (December 5, 2016))).
                ``(2) Development of plans.--The Secretary, in coordination
            with the Aquatic Nuisance Species Task Force, shall carry out a
            pilot program under which the Secretary shall collaborate with
            States in the Upper Missouri River Basin in developing
            voluntary aquatic invasive species management plans to mitigate
            the effects of invasive species on public infrastructure
            facilities located on reservoirs of the Corps of Engineers in
            those States.
                ``(3) Management plan.--
                        ``(A) In general.--The Secretary, in consultation
                    with the Governor of each State in the Upper Missouri
                    River Basin that elects to participate in the pilot
                    program, shall prepare a management plan, or update or
                    expand an existing plan, for each participating State
                    that identifies public infrastructure facilities
                    located on reservoirs of the Corps of Engineers in
                    those States that--
                                ``(i) are affected by aquatic invasive
                            species; and
                                ``(ii) need financial and technical
                            assistance in order to maintain operations.
                        ``(B) Use of existing plans.--In developing a
                    management plan under subparagraph (A), the Secretary
                    shall consider a management plan submitted by a
                    participating State under section 1204(a) of the
                    Nonindigenous Aquatic Nuisance Prevention and Control
                    Act of 1990 (16 U.S.C. 4724(a)).
                ``(4) Termination of authority.--The authority provided
            under this subsection shall terminate on September 30, 2024.
        ``(g) Invasive Species Prevention, Control, and Eradication.--
                ``(1) Definition of invasive species.--In this subsection,
            the term `invasive species' has the meaning given the term in
            section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating
            to invasive species (February 3, 1999)) (as amended by section
            2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to
            safeguarding the Nation from the impacts of invasive species
            (December 5, 2016))).
                ``(2) Invasive species partnerships.--
                        ``(A) In general.--The Secretary may enter into
                    partnerships with applicable States and other Federal
                    agencies to carry out actions to prevent the
                    introduction of, control, or eradicate, to the maximum
                    extent practicable, invasive species that adversely
                    impact water quantity or water quality in the Platte
                    River Basin, the Upper Colorado River Basin, the Upper
                    Snake River Basin, and the Upper Missouri River Basin.
                        ``(B) Prioritization.--In selecting actions to
                    carry out under a partnership under subparagraph (A),
                    the Secretary shall give priority to projects that are
                    intended to control or eradicate the Russian olive
                    (Elaeagnus angustifolia) or saltcedar (of the genus
                    Tamarix).
                ``(3) Invasive plant species pilot program.--
                        ``(A) Definitions.--In this paragraph:
                                ``(i) Eligible entity.--The term `eligible
                            entity' means a partnership between or among 2
                            or more entities that--
                                        ``(I) includes--
                                                ``(aa) at least 1 flood
                                            control district; and
                                                ``(bb) at least 1 city,
                                            county, township, town,
                                            borough, parish, village, or
                                            other general purpose political
                                            subdivision of a State or
                                            Indian Tribe (as defined in
                                            section 4 of the Indian Self-
                                            Determination and Education
                                            Assistance Act (25 U.S.C.
                                            5304)); and
                                        ``(II) may include any other entity
                                    (such as a nonprofit organization or
                                    institution of higher education), as
                                    determined by the Secretary.
                                ``(ii) Invasive plant species.--The term
                            `invasive plant species' means a plant that is
                            nonnative to the ecosystem under consideration,
                            the introduction of which causes or is likely
                            to cause economic harm or harm to human health.
                        ``(B) Pilot program.--The Secretary of the
                    Interior, acting through the Director of the United
                    States Fish and Wildlife Service, shall establish a
                    pilot program under which such Secretary shall work
                    with eligible entities to carry out activities--
                                ``(i) to remove invasive plant species in
                            riparian areas that contribute to drought
                            conditions in--
                                        ``(I) the Lower Colorado River
                                    Basin;
                                        ``(II) the Rio Grande River Basin;
                                        ``(III) the Texas Gulf Coast Basin;
                                    and
                                        ``(IV) the Arkansas-White-Red
                                    Basin;
                                ``(ii) where appropriate, to replace the
                            invasive plant species described in clause (i)
                            with ecologically suitable native species; and
                                ``(iii) to maintain and monitor riparian
                            areas in which activities are carried out under
                            clauses (i) and (ii).
                        ``(C) Report to congress.--Not later than 18 months
                    after the date of enactment of this subsection, the
                    Secretary of the Interior, acting through the Director
                    of the United States Fish and Wildlife Service, shall
                    submit to the Committee on Environment and Public Works
                    of the Senate and the Committee on Transportation and
                    Infrastructure of the House of Representatives a report
                    describing the implementation of the pilot program.
                        ``(D) Termination of authority.--The authority
                    provided under this paragraph shall terminate on
                    September 30, 2024.
                ``(4) Cost share.--The Federal share of an action carried
            out under a partnership under paragraph (2) or an activity
            carried out under the pilot program under paragraph (3) shall
            not exceed 80 percent of the total cost of the action or
            activity.''.

    SEC. 506. AQUATIC INVASIVE SPECIES PREVENTION.

        Section 1039(b) of the Water Resources Reform and Development Act
    of 2014 (16 U.S.C. 4701 note) is amended--
                (1) in paragraph (1)--
                        (A) in the paragraph heading, by striking ``upper
                    mississippi and ohio river basins and tributaries'' and
                    inserting ``mississippi river and tributaries,
                    including sub-basins'';
                        (B) in subparagraph (A), by striking ``Upper
                    Mississippi and Ohio River basins and tributaries'' and
                    inserting ``Mississippi River and tributaries,
                    including the 6 sub-basins of the River,''; and
                        (C) in subparagraph (B), by striking ``and the
                    document prepared'' and all that follows through
                    ``February 2012.'' and inserting ``the Mississippi
                    River Basin Asian Carp Control Strategy Framework, and
                    the Asian Carp Regional Coordinating Committee's Asian
                    Carp Action Plan.''; and
                (2) in paragraph (2)--
                        (A) in subparagraph (A)--
                                (i) by striking ``December 31 of each
                            year'' and inserting ``December 31, 2020, and
                            biennially thereafter''; and
                                (ii) by striking ``Upper Mississippi and
                            Ohio River basins and tributaries'' and
                            inserting ``Mississippi River and tributaries,
                            including the 6 sub-basins of the River''; and
                        (B) in subparagraph (B)--
                                (i) in clause (i), by striking ``Upper
                            Mississippi and Ohio River basins and
                            tributaries'' and inserting ``Mississippi River
                            and tributaries, including the 6 sub-basins of
                            the River,''; and
                                (ii) in clause (ii), by striking ``Upper
                            Mississippi and Ohio River basins and
                            tributaries'' and inserting ``Mississippi River
                            and tributaries, including the 6 sub-basins of
                            the River''.

    SEC. 507. INVASIVE SPECIES IN ALPINE LAKES PILOT PROGRAM.

        (a) Establishment.--The Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service, shall
    establish a pilot program (referred to in this section as the ``pilot
    program'') to develop and carry out effective measures necessary to
    prevent, control, or eradicate aquatic invasive species in alpine lakes
    that are not located within a unit of the National Park System.
        (b) Partnerships.--The Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service, shall
    offer to enter into a partnership to carry out the pilot program with--
                (1) any relevant partnering Federal agency; and
                (2) any relevant compact agency organized with the consent
            of Congress under article I, section 10 of the Constitution of
            the United States.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the pilot program $25,000,000 for the period
    of fiscal years 2022 through 2024.

    SEC. 508. MURDER HORNET ERADICATION PILOT PROGRAM.

        (a) Grant Authority.--The Secretary of the Interior, acting through
    the Director of the Fish and Wildlife Service, and in consultation with
    all relevant Federal agencies, shall establish a pilot program to
    provide financial assistance to States for management, research, and
    public education activities necessary to--
                (1) eradicate the Asian giant hornet; and
                (2) restore bee populations damaged by the Asian giant
            hornet.
        (b) Eligibility.--A State is eligible to receive financial
    assistance under this section if the State has demonstrated to the
    Secretary of the Interior sufficient need to implement measures to
    eradicate the Asian giant hornet.
        (c) Cost Sharing.--
                (1) Federal share.--The Federal share of the costs of
            activities carried out under the pilot program may not exceed
            75 percent of the total costs of such activities.
                (2) In-kind contributions.--The non-Federal share of the
            costs of activities carried out under the pilot program may be
            provided in the form of in-kind contributions of materials or
            services.
        (d) Limitation on Administrative Expenses.--Not more than 5 percent
    of financial assistance provided by the Secretary of the Interior under
    this section may be used for administrative expenses.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of the Interior to carry out the pilot
    program $4,000,000 for each of fiscal years 2021 through 2025.
        (f) Definitions.--In this section:
                (1) Asian giant hornet.--The term ``Asian giant hornet''
            means a Vespa mandarinia.
                (2) State.--The term ``State'' means each of the several
            States, the District of Columbia, and the territories and
            insular possessions of the United States.
        (g) Sunset.--The authority under this section shall terminate on
    the date that is 5 years after the date of enactment of this Act.

    SEC. 509. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.

        (a) Corps of Engineers Asian Carp Prevention Pilot Program.--
                (1) In general.--The Secretary, in conjunction with the
            Tennessee Valley Authority and other relevant Federal agencies,
            shall carry out an Asian carp prevention pilot program to carry
            out projects to manage and prevent the spread of Asian carp
            using innovative technologies, methods, and measures.
                (2) Project selection.--
                        (A) Location.--Each project under the pilot program
                    shall be carried out in a river system or reservoir in
                    the Cumberland River Watershed or Tennessee River
                    Watershed in which Asian carp populations are expanding
                    or have been documented.
                        (B) Consultation.--In selecting projects to carry
                    out under the pilot program, the Secretary shall
                    consult with--
                                (i) applicable Federal, State, and local
                            agencies;
                                (ii) institutions of higher education; and
                                (iii) relevant private organizations,
                            including nonprofit organizations.
                        (C) Limitations.--
                                (i) Number of projects.--The Secretary may
                            select not more than 10 projects to carry out
                            under the pilot program.
                                (ii) Deadline.--Not later than September
                            30, 2024, the Secretary shall complete projects
                            selected to be carried out under the pilot
                            program.
                (3) Best practices.--In carrying out the pilot program, to
            the maximum extent practicable, the Secretary shall consider
            existing best practices, such as those described in the
            document of the Asian Carp Working Group of the Aquatic
            Nuisance Species Task Force entitled ``Management and Control
            Plan for Bighead, Black, Grass, and Silver Carps in the United
            States'' and dated November 2007.
                (4) Cost-share.--
                        (A) In general.--The Federal share of the costs of
                    a project carried out under the program may not exceed
                    75 percent of the total costs of the project.
                        (B) Operation, maintenance, rehabilitation, and
                    repair.--After the completion of a project under the
                    pilot program, the Federal share of the costs for
                    operation, maintenance, rehabilitation, and repair of
                    the project shall be 100 percent.
                (5) Memorandum of agreement.--For projects carried out in
            reservoirs owned or managed by the Tennessee Valley Authority,
            the Secretary and the Tennessee Valley Authority shall execute
            a memorandum of agreement establishing the framework for a
            partnership and the terms and conditions for sharing expertise
            and resources.
                (6) Payments.--The Secretary is authorized to accept and
            expend funds from the Tennessee Valley Authority to complete
            any work under this section at a reservoir owned or managed by
            the Tennessee Valley Authority.
                (7) Report.--Not later than 2 years after the date of
            enactment of this Act, and 2 years thereafter, the Secretary
            shall submit to Congress a report describing the results of the
            pilot program, including an analysis of the effectiveness of
            the innovative technologies, methods, and measures used in
            projects carried out under the pilot program at preventing the
            spread, or managing the eradicating of, Asian carp.
                (8) Authorization of appropriations.--There is authorized
            to be appropriated to carry out this subsection $25,000,000, to
            remain available until expended.
        (b) Fish and Wildlife Service Asian Carp Eradication Program.--
                (1) Establishment.--The Secretary of the Interior, acting
            through the Director of the United States Fish and Wildlife
            Service, shall establish a program to provide financial
            assistance to States to implement measures, including for
            management, research, and public education activities,
            necessary to eradicate the Asian carp.
                (2) Eligibility.--A State is eligible to receive financial
            assistance under this subsection if such State has demonstrated
            to the Secretary of the Interior sufficient need to implement
            measures to eradicate the Asian carp.
                (3) Priority.--In providing financial assistance under the
            program, the Secretary of the Interior shall give priority to
            States in the Cumberland River Watershed or the Tennessee River
            Watershed in which Asian carp populations are expanding or have
            been documented.
                (4) Cost sharing.--
                        (A) Federal share.--The Federal share of the costs
                    of activities carried out under the program may not
                    exceed 80 percent of the total costs of such
                    activities.
                        (B) In-kind contributions.--The non-Federal share
                    of the costs of activities carried out under the
                    program may be provided in the form of in-kind
                    contributions of materials or services.
                (5) Limitation on administrative expenses.--Not more than 5
            percent of financial assistance provided by the Secretary of
            the Interior under this subsection may be used for
            administrative expenses.
                (6) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary of the Interior to carry
            out this subsection $4,000,000 for each of fiscal years 2021
            through 2025.

    SEC. 510. INVASIVE SPECIES IN NONCONTIGUOUS STATES AND TERRITORIES
                  PILOT PROGRAM.

        (a) Establishment.--The Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service, shall
    establish a pilot program to carry out measures necessary to prevent,
    control, or eradicate invasive species in culturally significant
    forested watersheds in noncontiguous States and territories of the
    United States in which the Corps of Engineers is carrying out flood
    risk management projects.
        (b) Implementation.--The Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service, is
    encouraged to carry out the measures described in subsection (a) in
    consultation with--
                (1) States, any territory or possession of the United
            States, and units of local government, including federally
            recognized Indian Tribes (as defined in section 4 of the Indian
            Self-Determination and Education Assistance Act (25 U.S.C.
            5304)); and
                (2) nonprofit organizations with knowledge of, and
            experience in, forested watershed management, including
            nonprofit organizations with a primary purpose of serving and
            partnering with indigenous communities.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the pilot program under subsection (a)
    $25,000,000 for the period of fiscal years 2022 through 2024.

    SEC. 511. SOIL MOISTURE AND SNOWPACK MONITORING.

        (a) Installation of Network.--
                (1) In general.--In accordance with the activities required
            under section 4003(a) of the Water Resources Reform and
            Development Act of 2014 (128 Stat. 1310; 130 Stat. 1676), and
            to support the goals of the Weather Research and Forecasting
            Innovation Act of 2017 (Public Law 115-25) and the National
            Integrated Drought Information System Reauthorization Act of
            2018 (Public Law 115-423), the Secretary, in coordination with
            the Administrator of the National Oceanic and Atmospheric
            Administration (referred to in this section as the
            ``Administrator''), the Chief of the Natural Resources
            Conservation Service, the Director of the United States
            Geological Survey, and the Commissioner of Reclamation, shall
            continue installation of a network of soil moisture and plains
            snowpack monitoring stations, and modification of existing
            stations, in the Upper Missouri River Basin.
                (2) Requirements.--In carrying out installation and
            modification activities under paragraph (1), the Secretary--
                        (A) may continue to enter into agreements,
                    including cooperative agreements, with State mesonet
                    programs for purposes of installing new stations or
                    modifying existing stations;
                        (B) shall transfer ownership and all
                    responsibilities for operation and maintenance of new
                    stations to the respective State mesonet program for
                    the State in which the monitoring station is located on
                    completion of installation of the station; and
                        (C) shall establish, in consultation with the
                    Administrator, requirements and standards for the
                    installation of new stations and modification of
                    existing stations to ensure seamless data integration
                    into--
                                (i) the National Mesonet Program;
                                (ii) the National Coordinated Soil Moisture
                            Network; and
                                (iii) other relevant networks.
                (3) Authorization of appropriations.--There is authorized
            to be appropriated to carry out this subsection, in addition to
            any other funds authorized to be appropriated for the
            installation of a network of soil moisture and plains snowpack
            monitoring stations or the modification of existing stations in
            the Upper Missouri River Basin, $7,000,000 for each of fiscal
            years 2021 through 2025.
        (b) Soil Moisture and Snowpack Monitoring Pilot Program.--
                (1) In general.--Not later than 180 days after the date of
            the enactment of this Act, the Administrator shall establish
            within the National Mesonet Program a pilot program for the
            acquisition and use of data generated by the network described
            in subsection (a).
                (2) Requirements.--In establishing the pilot program under
            paragraph (1), the Administrator shall--
                        (A) enter into agreements with State mesonet
                    programs in the Upper Missouri River Basin to acquire
                    data generated by the network described in subsection
                    (a) that--
                                (i) are similar to the agreements in effect
                            as of the date of the enactment of this Act
                            with States under the National Mesonet Program;
                            and
                                (ii) allow for sharing of data with other
                            Federal agencies and with institutions engaged
                            in federally supported research, including the
                            United States Drought Monitor, as appropriate
                            and feasible;
                        (B) in coordination with the Secretary, the Chief
                    of the Natural Resources Conservation Service, the
                    Director of the United States Geological Survey, and
                    the Commissioner of Reclamation, gather data from the
                    operation of the network to inform ongoing efforts of
                    the National Oceanic and Atmospheric Administration in
                    support of--
                                (i) the National Integrated Drought
                            Information System, including the National
                            Coordinated Soil Moisture Network;
                                (ii) the United States Drought Monitor;
                                (iii) the National Water Model and other
                            relevant national modeling efforts;
                                (iv) validation, verification, and
                            calibration of satellite-based, in situ, and
                            other remote sensing activities and output
                            products;
                                (v) flood risk and water resources
                            monitoring initiatives by the Secretary and the
                            Commissioner; and
                                (vi) any other programs or initiatives the
                            Administrator considers appropriate;
                        (C) at the request of State mesonet programs, or as
                    the Administrator considers appropriate, provide
                    technical assistance to such programs under the pilot
                    program under paragraph (1) to ensure proper data
                    requirements; and
                        (D) ensure an appropriate mechanism for quality
                    control and quality assurance is employed for the data
                    acquired under the pilot program, such as the
                    Meteorological Assimilation Data Ingest System.
                (3) Study required.--
                        (A) In general.--Not later than 1 year after the
                    date of the enactment of this Act, the Administrator
                    shall initiate a study of the pilot program required by
                    paragraph (1) to evaluate the data generated by the
                    network described in subsection (a) and the
                    applications of that data to programs and initiatives
                    described in paragraph (2)(B).
                        (B) Elements.--The study required by subparagraph
                    (A) shall include an assessment of--
                                (i) the contribution of the soil moisture,
                            snowpack, and other relevant data generated by
                            the network described in subsection (a) to
                            weather, subseasonal and seasonal, and climate
                            forecasting products on the local, regional,
                            and national levels;
                                (ii) the enhancements made to the National
                            Integrated Drought Information System, the
                            National Water Model, and the United States
                            Drought Monitor, and other relevant national
                            modeling efforts, using data and derived data
                            products generated by the network;
                                (iii) the contribution of data generated by
                            the network to remote sensing products and
                            approaches;
                                (iv) the viability of the ownership and
                            operational structure of the network; and
                                (v) any other matters the Administrator
                            considers appropriate, in coordination with the
                            Secretary, the Chief of the Natural Resources
                            Conservation Service, the Director of the
                            United States Geological Survey, and the
                            Commissioner of Reclamation.
                (4) Report required.--Not later than 4 years after the date
            of the enactment of this Act, the Administrator shall submit to
            the appropriate congressional committees a report--
                        (A) setting forth the findings of the study
                    required by paragraph (3); and
                        (B) making recommendations based on those findings
                    to improve weather, subseasonal, seasonal, and climate
                    monitoring nationally.
                (5) Government accountability office audit.--
                        (A) In general.--Not later than 60 days after the
                    report required by paragraph (4) is submitted, the
                    Comptroller General of the United States shall initiate
                    an audit to evaluate that report and determine
                    whether--
                                (i) the Administrator, in conducting the
                            pilot program under paragraph (1), has utilized
                            the relevant data generated by the network
                            described in subsection (a) in the manner most
                            beneficial to the programs and initiatives
                            described in paragraph (2)(B);
                                (ii) the acquisition agreements entered
                            into under paragraph (2)(A) with State mesonet
                            programs fully comply with the requirements of
                            that paragraph; and
                                (iii) the heads of other agencies,
                            including the Secretary, the Chief of the
                            Natural Resources Conservation Service, the
                            Director of the United States Geological
                            Survey, and the Commissioner of Reclamation,
                            are utilizing the data generated by the network
                            to better inform and improve the missions of
                            those agencies.
                        (B) Report required.--Not later than 270 days after
                    initiating the audit required by subparagraph (A), the
                    Comptroller General shall submit to the appropriate
                    congressional committees a report setting forth the
                    findings of the audit.
                (6) Appropriate congressional committees defined.--In this
            subsection, the term ``appropriate congressional committees''
            means--
                        (A) the Committee on Commerce, Science, and
                    Transportation, the Committee on Environment and Public
                    Works, and the Committee on Energy and Natural
                    Resources of the Senate; and
                        (B) the Committee on Transportation and
                    Infrastructure, the Committee on Science, Space, and
                    Technology, and the Committee on Natural Resources of
                    the House of Representatives.

    SEC. 512. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION.

        (a) Renaming the Saint Lawrence Seaway Development Corporation.--
    The Act of May 13, 1954 (33 U.S.C. 981 et seq.) is amended--
                (1) in section 1 (33 U.S.C. 981), by striking ``Saint
            Lawrence Seaway Development Corporation'' and inserting ``Great
            Lakes St. Lawrence Seaway Development Corporation''; and
                (2) in section 2(b) (33 U.S.C. 982(b)), by striking ``Saint
            Lawrence Seaway Development Corporation'' and inserting ``Great
            Lakes St. Lawrence Seaway Development Corporation''.
        (b) References.--Any reference to the Saint Lawrence Seaway
    Development Corporation in any law, regulation, document, record,
    Executive order, or other paper of the United States shall be deemed to
    be a reference to the Great Lakes St. Lawrence Seaway Development
    Corporation.
        (c) Technical and Conforming Amendments.--
                (1) Title 5.--Section 5315 of title 5, United States Code,
            is amended by striking ``Saint Lawrence Seaway Development
            Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
            Development Corporation''.
                (2) Title 18.--Section 2282B of title 18, United States
            Code, is amended by striking ``Saint Lawrence Seaway
            Development Corporation'' and inserting ``Great Lakes St.
            Lawrence Seaway Development Corporation''.
                (3) Internal revenue code.--Section 9505(a)(2) of the
            Internal Revenue Code of 1986 (26 U.S.C. 9505(a)(2)) is amended
            by striking ``Saint Lawrence Seaway Development Corporation''
            and inserting ``Great Lakes St. Lawrence Seaway Development
            Corporation''.
                (4) Title 31.--Section 9101(3)(K) of title 31, United
            States Code, is amended by striking ``Saint Lawrence Seaway
            Development Corporation'' and inserting ``Great Lakes St.
            Lawrence Seaway Development Corporation''.
                (5) Water resources development act of 1986.--The Water
            Resources Development Act of 1986 (33 U.S.C. 2211 et seq.) is
            amended--
                        (A) in section 206 (33 U.S.C. 2234), by striking
                    ``Saint Lawrence Seaway Development Corporation'' and
                    inserting ``Great Lakes St. Lawrence Seaway Development
                    Corporation'';
                        (B) in section 210(a)(1) (33 U.S.C. 2238(a)(1)), by
                    striking ``Saint Lawrence Seaway Development
                    Corporation'' and inserting ``Great Lakes St. Lawrence
                    Seaway Development Corporation'';
                        (C) in section 214(2)(B) (33 U.S.C. 2241(2)(B)), by
                    striking ``Saint Lawrence Seaway Development
                    Corporation'' and inserting ``Great Lakes St. Lawrence
                    Seaway Development Corporation''; and
                        (D) in section 1132(b) (33 U.S.C. 2309(b)), by
                    striking ``Saint Lawrence Seaway Development
                    Corporation'' and inserting ``Great Lakes St. Lawrence
                    Seaway Development Corporation'' each place it appears.
                (6) Title 46.--Title 46, United States Code, is amended--
                        (A) in section 2109, by striking ``Saint Lawrence
                    Seaway Development Corporation'' and inserting ``Great
                    Lakes St. Lawrence Seaway Development Corporation'';
                        (B) in section 8103(g), by striking ``Saint
                    Lawrence Seaway Development Corporation'' and inserting
                    ``Great Lakes St. Lawrence Seaway Development
                    Corporation'';
                        (C) in section 8503(c), by striking ``Saint
                    Lawrence Seaway Development Corporation'' and inserting
                    ``Great Lakes St. Lawrence Seaway Development
                    Corporation'';
                        (D) in section 55112(a)(3), by striking ``St.
                    Lawrence Seaway Development Corporation'' and inserting
                    ``Great Lakes St. Lawrence Seaway Development
                    Corporation'';
                        (E) in section 55331(3), by striking ``Saint
                    Lawrence Seaway Development Corporation'' and inserting
                    ``Great Lakes St. Lawrence Seaway Development
                    Corporation''; and
                        (F) in section 70032, by striking ``Saint Lawrence
                    Seaway Development Corporation'' and inserting ``Great
                    Lakes St. Lawrence Seaway Development Corporation''
                    each place it appears.
                (7) Title 49.--
                        (A) In general.--Title 49, United States Code, is
                    amended--
                                (i) in section 110--
                                        (I) in the heading, by striking
                                    ``Saint Lawrence Seaway Development
                                    Corporation'' and inserting ``Great
                                    Lakes St. Lawrence Seaway Development
                                    Corporation''; and
                                        (II) in subsection (a), by striking
                                    ``Saint Lawrence Seaway Development
                                    Corporation'' and inserting ``Great
                                    Lakes St. Lawrence Seaway Development
                                    Corporation''; and
                                (ii) in section 6314(c)(2)(G), by striking
                            ``Saint Lawrence Seaway Development
                            Corporation'' and inserting ``Great Lakes St.
                            Lawrence Seaway Development Corporation''.
                        (B) Table of sections.--The table of sections for
                    chapter 1 of subtitle I of title 49, United States
                    Code, is amended by amending the item relating to
                    section 110 to read as follows:

    ``110. Great Lakes St. Lawrence Seaway Development Corporation.''.

       DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

    SEC. 1. TABLE OF CONTENTS.

        The table of contents of the division is as follows:

       DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

    Sec. 1. Table of contents.

                           TITLE I--NO SURPRISES ACT

    Sec. 101. Short title.
    Sec. 102. Health insurance requirements regarding surprise medical
                                billing.
    Sec. 103. Determination of out-of-network rates to be paid by health
                                plans; Independent dispute resolution
                                process.
    Sec. 104. Health care provider requirements regarding surprise medical
                                billing.
    Sec. 105. Ending surprise air ambulance bills.
    Sec. 106. Reporting requirements regarding air ambulance services.
    Sec. 107. Transparency regarding in-network and out-of-network
                                deductibles and out-of-pocket limitations.
    Sec. 108. Implementing protections against provider discrimination.
    Sec. 109. Reports.
    Sec. 110. Consumer protections through application of health plan
                                external review in cases of certain
                                surprise medical bills.
    Sec. 111. Consumer protections through health plan requirement for fair
                                and honest advance cost estimate.
    Sec. 112. Patient protections through transparency and patient-provider
                                dispute resolution.
    Sec. 113. Ensuring continuity of care.
    Sec. 114. Maintenance of price comparison tool.
    Sec. 115. State All Payer Claims Databases.
    Sec. 116. Protecting patients and improving the accuracy of provider
                                directory information.
    Sec. 117. Advisory committee on ground ambulance and patient billing.
    Sec. 118. Implementation funding.

                             TITLE II--TRANSPARENCY

    Sec. 201. Increasing transparency by removing gag clauses on price and
                                quality information.
    Sec. 202. Disclosure of direct and indirect compensation for brokers
                                and consultants to employer-sponsored
                                health plans and enrollees in plans on the
                                individual market.
    Sec. 203. Strengthening parity in mental health and substance use
                                disorder benefits.
    Sec. 204. Reporting on pharmacy benefits and drug costs.

                      TITLE III--PUBLIC HEALTH PROVISIONS

                        Subtitle A--Extenders Provisions

    Sec. 301. Extension for community health centers, the National Health
                                Service Corps, and teaching health centers
                                that operate GME programs.
    Sec. 302. Diabetes programs.

                    Subtitle B--Strengthening Public Health

    Sec. 311. Improving awareness of disease prevention.
    Sec. 312. Guide on evidence-based strategies for public health
                                department obesity prevention programs.
    Sec. 313. Expanding capacity for health outcomes.
    Sec. 314. Public health data system modernization.
    Sec. 315. Native American suicide prevention.
    Sec. 316. Reauthorization of the Young Women's Breast Health Education
                                and Awareness Requires Learning Young Act
                                of 2009.
    Sec. 317. Reauthorization of school-based health centers.

                           Subtitle C--FDA Amendments

    Sec. 321. Rare pediatric disease priority review voucher extension.
    Sec. 322. Conditions of use for biosimilar biological products.
    Sec. 323. Orphan drug clarification.
    Sec. 324. Modernizing the labeling of certain generic drugs.
    Sec. 325. Biological product patent transparency.

                       Subtitle D--Technical Corrections

    Sec. 331. Technical corrections.

                           TITLE I--NO SURPRISES ACT

    SEC. 101. SHORT TITLE.

        This title may be cited as the ``No Surprises Act''.

    SEC. 102. HEALTH INSURANCE REQUIREMENTS REGARDING SURPRISE MEDICAL
                  BILLING.

        (a) Public Health Service Act Amendments.--
                (1) In general.--Title XXVII of the Public Health Service
            Act (42 U.S.C. 300gg et seq.) is amended by adding at the end
            the following new part:

                    ``PART D--ADDITIONAL COVERAGE PROVISIONS

    ``SEC. 2799A-1. PREVENTING SURPRISE MEDICAL BILLS.

        ``(a) Coverage of Emergency Services.--
                ``(1) In general.--If a group health plan, or a health
            insurance issuer offering group or individual health insurance
            coverage, provides or covers any benefits with respect to
            services in an emergency department of a hospital or with
            respect to emergency services in an independent freestanding
            emergency department (as defined in paragraph (3)(D)), the plan
            or issuer shall cover emergency services (as defined in
            paragraph (3)(C))--
                        ``(A) without the need for any prior authorization
                    determination;
                        ``(B) whether the health care provider furnishing
                    such services is a participating provider or a
                    participating emergency facility, as applicable, with
                    respect to such services;
                        ``(C) in a manner so that, if such services are
                    provided to a participant, beneficiary, or enrollee by
                    a nonparticipating provider or a nonparticipating
                    emergency facility--
                                ``(i) such services will be provided
                            without imposing any requirement under the plan
                            or coverage for prior authorization of services
                            or any limitation on coverage that is more
                            restrictive than the requirements or
                            limitations that apply to emergency services
                            received from participating providers and
                            participating emergency facilities with respect
                            to such plan or coverage, respectively;
                                ``(ii) the cost-sharing requirement is not
                            greater than the requirement that would apply
                            if such services were provided by a
                            participating provider or a participating
                            emergency facility;
                                ``(iii) such cost-sharing requirement is
                            calculated as if the total amount that would
                            have been charged for such services by such
                            participating provider or participating
                            emergency facility were equal to the recognized
                            amount (as defined in paragraph (3)(H)) for
                            such services, plan or coverage, and year;
                                ``(iv) the group health plan or health
                            insurance issuer, respectively--
                                        ``(I) not later than 30 calendar
                                    days after the bill for such services
                                    is transmitted by such provider or
                                    facility, sends to the provider or
                                    facility, as applicable, an initial
                                    payment or notice of denial of payment;
                                    and
                                        ``(II) pays a total plan or
                                    coverage payment directly to such
                                    provider or facility, respectively (in
                                    accordance, if applicable, with the
                                    timing requirement described in
                                    subsection (c)(6)) that is, with
                                    application of any initial payment
                                    under subclause (I), equal to the
                                    amount by which the out-of-network rate
                                    (as defined in paragraph (3)(K)) for
                                    such services exceeds the cost-sharing
                                    amount for such services (as determined
                                    in accordance with clauses (ii) and
                                    (iii)) and year; and
                                ``(v) any cost-sharing payments made by the
                            participant, beneficiary, or enrollee with
                            respect to such emergency services so furnished
                            shall be counted toward any in-network
                            deductible or out-of-pocket maximums applied
                            under the plan or coverage, respectively (and
                            such in-network deductible and out-of-pocket
                            maximums shall be applied) in the same manner
                            as if such cost-sharing payments were made with
                            respect to emergency services furnished by a
                            participating provider or a participating
                            emergency facility; and
                        ``(D) without regard to any other term or condition
                    of such coverage (other than exclusion or coordination
                    of benefits, or an affiliation or waiting period,
                    permitted under section 2704 of this Act, including as
                    incorporated pursuant to section 715 of the Employee
                    Retirement Income Security Act of 1974 and section 9815
                    of the Internal Revenue Code of 1986, and other than
                    applicable cost-sharing).
                ``(2) Audit process and regulations for qualifying payment
            amounts.--
                        ``(A) Audit process.--
                                ``(i) In general.--Not later than October
                            1, 2021, the Secretary, in consultation with
                            the Secretary of Labor and the Secretary of the
                            Treasury, shall establish through rulemaking a
                            process, in accordance with clause (ii), under
                            which group health plans and health insurance
                            issuers offering group or individual health
                            insurance coverage are audited by the Secretary
                            or applicable State authority to ensure that--
                                        ``(I) such plans and coverage are
                                    in compliance with the requirement of
                                    applying a qualifying payment amount
                                    under this section; and
                                        ``(II) such qualifying payment
                                    amount so applied satisfies the
                                    definition under paragraph (3)(E) with
                                    respect to the year involved, including
                                    with respect to a group health plan or
                                    health insurance issuer described in
                                    clause (ii) of such paragraph (3)(E).
                                ``(ii) Audit samples.--Under the process
                            established pursuant to clause (i), the
                            Secretary--
                                        ``(I) shall conduct audits
                                    described in such clause, with respect
                                    to a year (beginning with 2022), of a
                                    sample with respect to such year of
                                    claims data from not more than 25 group
                                    health plans and health insurance
                                    issuers offering group or individual
                                    health insurance coverage; and
                                        ``(II) may audit any group health
                                    plan or health insurance issuer
                                    offering group or individual health
                                    insurance coverage if the Secretary has
                                    received any complaint or other
                                    information about such plan or
                                    coverage, respectively, that involves
                                    the compliance of the plan or coverage,
                                    respectively, with either of the
                                    requirements described in subclauses
                                    (I) and (II) of such clause.
                                ``(iii) Reports.--Beginning for 2022, the
                            Secretary shall annually submit to Congress a
                            report on the number of plans and issuers with
                            respect to which audits were conducted during
                            such year pursuant to this subparagraph.
                        ``(B) Rulemaking.--Not later than July 1, 2021, the
                    Secretary, in consultation with the Secretary of Labor
                    and the Secretary of the Treasury, shall establish
                    through rulemaking--
                                ``(i) the methodology the group health plan
                            or health insurance issuer offering group or
                            individual health insurance coverage shall use
                            to determine the qualifying payment amount,
                            differentiating by individual market, large
                            group market, and small group market;
                                ``(ii) the information such plan or issuer,
                            respectively, shall share with the
                            nonparticipating provider or nonparticipating
                            facility, as applicable, when making such a
                            determination;
                                ``(iii) the geographic regions applied for
                            purposes of this subparagraph, taking into
                            account access to items and services in rural
                            and underserved areas, including health
                            professional shortage areas, as defined in
                            section 332; and
                                ``(iv) a process to receive complaints of
                            violations of the requirements described in
                            subclauses (I) and (II) of subparagraph (A)(i)
                            by group health plans and health insurance
                            issuers offering group or individual health
                            insurance coverage.
                    Such rulemaking shall take into account payments that
                    are made by such plan or issuer, respectively, that are
                    not on a fee-for-service basis. Such methodology may
                    account for relevant payment adjustments that take into
                    account quality or facility type (including higher
                    acuity settings and the case-mix of various facility
                    types) that are otherwise taken into account for
                    purposes of determining payment amounts with respect to
                    participating facilities. In carrying out clause (iii),
                    the Secretary shall consult with the National
                    Association of Insurance Commissioners to establish the
                    geographic regions under such clause and shall
                    periodically update such regions, as appropriate,
                    taking into account the findings of the report
                    submitted under section 109(a) of the No Surprises Act.
                ``(3) Definitions.--In this part and part E:
                        ``(A) Emergency department of a hospital.--The term
                    `emergency department of a hospital' includes a
                    hospital outpatient department that provides emergency
                    services (as defined in subparagraph (C)(i)).
                        ``(B) Emergency medical condition.--The term
                    `emergency medical condition' means a medical condition
                    manifesting itself by acute symptoms of sufficient
                    severity (including severe pain) such that a prudent
                    layperson, who possesses an average knowledge of health
                    and medicine, could reasonably expect the absence of
                    immediate medical attention to result in a condition
                    described in clause (i), (ii), or (iii) of section
                    1867(e)(1)(A) of the Social Security Act.
                        ``(C) Emergency services.--
                                ``(i) In general.--The term `emergency
                            services', with respect to an emergency medical
                            condition, means--
                                        ``(I) a medical screening
                                    examination (as required under section
                                    1867 of the Social Security Act, or as
                                    would be required under such section if
                                    such section applied to an independent
                                    freestanding emergency department) that
                                    is within the capability of the
                                    emergency department of a hospital or
                                    of an independent freestanding
                                    emergency department, as applicable,
                                    including ancillary services routinely
                                    available to the emergency department
                                    to evaluate such emergency medical
                                    condition; and
                                        ``(II) within the capabilities of
                                    the staff and facilities available at
                                    the hospital or the independent
                                    freestanding emergency department, as
                                    applicable, such further medical
                                    examination and treatment as are
                                    required under section 1867 of such
                                    Act, or as would be required under such
                                    section if such section applied to an
                                    independent freestanding emergency
                                    department, to stabilize the patient
                                    (regardless of the department of the
                                    hospital in which such further
                                    examination or treatment is furnished).
                                ``(ii) Inclusion of additional services.--
                                        ``(I) In general.--For purposes of
                                    this subsection and section 2799B-1, in
                                    the case of a participant, beneficiary,
                                    or enrollee who is enrolled in a group
                                    health plan or group or individual
                                    health insurance coverage offered by a
                                    health insurance issuer and who is
                                    furnished services described in clause
                                    (i) with respect to an emergency
                                    medical condition, the term `emergency
                                    services' shall include, unless each of
                                    the conditions described in subclause
                                    (II) are met, in addition to the items
                                    and services described in clause (i),
                                    items and services--
                                                ``(aa) for which benefits
                                            are provided or covered under
                                            the plan or coverage,
                                            respectively; and
                                                ``(bb) that are furnished
                                            by a nonparticipating provider
                                            or nonparticipating emergency
                                            facility (regardless of the
                                            department of the hospital in
                                            which such items or services
                                            are furnished) after the
                                            participant, beneficiary, or
                                            enrollee is stabilized and as
                                            part of outpatient observation
                                            or an inpatient or outpatient
                                            stay with respect to the visit
                                            in which the services described
                                            in clause (i) are furnished.
                                        ``(II) Conditions.--For purposes of
                                    subclause (I), the conditions described
                                    in this subclause, with respect to a
                                    participant, beneficiary, or enrollee
                                    who is stabilized and furnished
                                    additional items and services described
                                    in subclause (I) after such
                                    stabilization by a provider or facility
                                    described in subclause (I), are the
                                    following;
                                                ``(aa) Such provider or
                                            facility determines such
                                            individual is able to travel
                                            using nonmedical transportation
                                            or nonemergency medical
                                            transportation.
                                                ``(bb) Such provider
                                            furnishing such additional
                                            items and services satisfies
                                            the notice and consent criteria
                                            of section 2799B-2(d) with
                                            respect to such items and
                                            services.
                                                ``(cc) Such individual is
                                            in a condition to receive (as
                                            determined in accordance with
                                            guidelines issued by the
                                            Secretary pursuant to
                                            rulemaking) the information
                                            described in section 2799B-2
                                            and to provide informed consent
                                            under such section, in
                                            accordance with applicable
                                            State law.
                                                ``(dd) Such other
                                            conditions, as specified by the
                                            Secretary, such as conditions
                                            relating to coordinating care
                                            transitions to participating
                                            providers and facilities.
                        ``(D) Independent freestanding emergency
                    department.--The term `independent freestanding
                    emergency department' means a health care facility
                    that--
                                ``(i) is geographically separate and
                            distinct and licensed separately from a
                            hospital under applicable State law; and
                                ``(ii) provides any of the emergency
                            services (as defined in subparagraph (C)(i)).
                        ``(E) Qualifying payment amount.--
                                ``(i) In general.--The term `qualifying
                            payment amount' means, subject to clauses (ii)
                            and (iii), with respect to a sponsor of a group
                            health plan and health insurance issuer
                            offering group or individual health insurance
                            coverage--
                                        ``(I) for an item or service
                                    furnished during 2022, the median of
                                    the contracted rates recognized by the
                                    plan or issuer, respectively
                                    (determined with respect to all such
                                    plans of such sponsor or all such
                                    coverage offered by such issuer that
                                    are offered within the same insurance
                                    market (specified in subclause (I),
                                    (II), (III), or (IV) of clause (iv)) as
                                    the plan or coverage) as the total
                                    maximum payment (including the cost-
                                    sharing amount imposed for such item or
                                    service and the amount to be paid by
                                    the plan or issuer, respectively) under
                                    such plans or coverage, respectively,
                                    on January 31, 2019, for the same or a
                                    similar item or service that is
                                    provided by a provider in the same or
                                    similar specialty and provided in the
                                    geographic region in which the item or
                                    service is furnished, consistent with
                                    the methodology established by the
                                    Secretary under paragraph (2)(B),
                                    increased by the percentage increase in
                                    the consumer price index for all urban
                                    consumers (United States city average)
                                    over 2019, such percentage increase
                                    over 2020, and such percentage increase
                                    over 2021; and
                                        ``(II) for an item or service
                                    furnished during 2023 or a subsequent
                                    year, the qualifying payment amount
                                    determined under this clause for such
                                    an item or service furnished in the
                                    previous year, increased by the
                                    percentage increase in the consumer
                                    price index for all urban consumers
                                    (United States city average) over such
                                    previous year.
                                ``(ii) New plans and coverage.--The term
                            `qualifying payment amount' means, with respect
                            to a sponsor of a group health plan or health
                            insurance issuer offering group or individual
                            health insurance coverage in a geographic
                            region in which such sponsor or issuer,
                            respectively, did not offer any group health
                            plan or health insurance coverage during 2019--
                                        ``(I) for the first year in which
                                    such group health plan, group health
                                    insurance coverage, or individual
                                    health insurance coverage,
                                    respectively, is offered in such
                                    region, a rate (determined in
                                    accordance with a methodology
                                    established by the Secretary) for items
                                    and services that are covered by such
                                    plan or coverage and furnished during
                                    such first year; and
                                        ``(II) for each subsequent year
                                    such group health plan, group health
                                    insurance coverage, or individual
                                    health insurance coverage,
                                    respectively, is offered in such
                                    region, the qualifying payment amount
                                    determined under this clause for such
                                    items and services furnished in the
                                    previous year, increased by the
                                    percentage increase in the consumer
                                    price index for all urban consumers
                                    (United States city average) over such
                                    previous year.
                                ``(iii) Insufficient information; newly
                            covered items and services.--In the case of a
                            sponsor of a group health plan or health
                            insurance issuer offering group or individual
                            health insurance coverage that does not have
                            sufficient information to calculate the median
                            of the contracted rates described in clause
                            (i)(I) in 2019 (or, in the case of a newly
                            covered item or service (as defined in clause
                            (v)(III)), in the first coverage year (as
                            defined in clause (v)(I)) for such item or
                            service with respect to such plan or coverage)
                            for an item or service (including with respect
                            to provider type, or amount, of claims for
                            items or services (as determined by the
                            Secretary) provided in a particular geographic
                            region (other than in a case with respect to
                            which clause (ii) applies)) the term
                            `qualifying payment amount'--
                                        ``(I) for an item or service
                                    furnished during 2022 (or, in the case
                                    of a newly covered item or service,
                                    during the first coverage year for such
                                    item or service with respect to such
                                    plan or coverage), means such rate for
                                    such item or service determined by the
                                    sponsor or issuer, respectively,
                                    through use of any database that is
                                    determined, in accordance with
                                    rulemaking described in paragraph
                                    (2)(B), to not have any conflicts of
                                    interest and to have sufficient
                                    information reflecting allowed amounts
                                    paid to a health care provider or
                                    facility for relevant services
                                    furnished in the applicable geographic
                                    region (such as a State all-payer
                                    claims database);
                                        ``(II) for an item or service
                                    furnished in a subsequent year (before
                                    the first sufficient information year
                                    (as defined in clause (v)(II)) for such
                                    item or service with respect to such
                                    plan or coverage), means the rate
                                    determined under subclause (I) or this
                                    subclause, as applicable, for such item
                                    or service for the year previous to
                                    such subsequent year, increased by the
                                    percentage increase in the consumer
                                    price index for all urban consumers
                                    (United States city average) over such
                                    previous year;
                                        ``(III) for an item or service
                                    furnished in the first sufficient
                                    information year for such item or
                                    service with respect to such plan or
                                    coverage, has the meaning given the
                                    term qualifying payment amount in
                                    clause (i)(I), except that in applying
                                    such clause to such item or service,
                                    the reference to `furnished during
                                    2022' shall be treated as a reference
                                    to furnished during such first
                                    sufficient information year, the
                                    reference to `in 2019' shall be treated
                                    as a reference to such sufficient
                                    information year, and the increase
                                    described in such clause shall not be
                                    applied; and
                                        ``(IV) for an item or service
                                    furnished in any year subsequent to the
                                    first sufficient information year for
                                    such item or service with respect to
                                    such plan or coverage, has the meaning
                                    given such term in clause (i)(II),
                                    except that in applying such clause to
                                    such item or service, the reference to
                                    `furnished during 2023 or a subsequent
                                    year' shall be treated as a reference
                                    to furnished during the year after such
                                    first sufficient information year or a
                                    subsequent year.
                                ``(iv) Insurance market.--For purposes of
                            clause (i)(I), a health insurance market
                            specified in this clause is one of the
                            following:
                                        ``(I) The individual market.
                                        ``(II) The large group market
                                    (other than plans described in
                                    subclause (IV)).
                                        ``(III) The small group market
                                    (other than plans described in
                                    subclause (IV)).
                                        ``(IV) In the case of a self-
                                    insured group health plan, other self-
                                    insured group health plans.
                                ``(v) Definitions.--For purposes of this
                            subparagraph:
                                        ``(I) First coverage year.--The
                                    term `first coverage year' means, with
                                    respect to a group health plan or group
                                    or individual health insurance coverage
                                    offered by a health insurance issuer
                                    and an item or service for which
                                    coverage is not offered in 2019 under
                                    such plan or coverage, the first year
                                    after 2019 for which coverage for such
                                    item or service is offered under such
                                    plan or health insurance coverage.
                                        ``(II) First sufficient information
                                    year.--The term `first sufficient
                                    information year' means, with respect
                                    to a group health plan or group or
                                    individual health insurance coverage
                                    offered by a health insurance issuer--
                                                ``(aa) in the case of an
                                            item or service for which the
                                            plan or coverage does not have
                                            sufficient information to
                                            calculate the median of the
                                            contracted rates described in
                                            clause (i)(I) in 2019, the
                                            first year subsequent to 2022
                                            for which the sponsor or issuer
                                            has such sufficient information
                                            to calculate the median of such
                                            contracted rates in the year
                                            previous to such first
                                            subsequent year; and
                                                ``(bb) in the case of a
                                            newly covered item or service,
                                            the first year subsequent to
                                            the first coverage year for
                                            such item or service with
                                            respect to such plan or
                                            coverage for which the sponsor
                                            or issuer has sufficient
                                            information to calculate the
                                            median of the contracted rates
                                            described in clause (i)(I) in
                                            the year previous to such first
                                            subsequent year.
                                        ``(III) Newly covered item or
                                    service.--The term `newly covered item
                                    or service' means, with respect to a
                                    group health plan or group or
                                    individual health insurance issuer
                                    offering health insurance coverage, an
                                    item or service for which coverage was
                                    not offered in 2019 under such plan or
                                    coverage, but is offered under such
                                    plan or coverage in a year after 2019.
                        ``(F) Nonparticipating emergency facility;
                    participating emergency facility.--
                                ``(i) Nonparticipating emergency
                            facility.--The term `nonparticipating emergency
                            facility' means, with respect to an item or
                            service and a group health plan or group or
                            individual health insurance coverage offered by
                            a health insurance issuer, an emergency
                            department of a hospital, or an independent
                            freestanding emergency department, that does
                            not have a contractual relationship directly or
                            indirectly with the plan or issuer,
                            respectively, for furnishing such item or
                            service under the plan or coverage,
                            respectively.
                                ``(ii) Participating emergency facility.--
                            The term `participating emergency facility'
                            means, with respect to an item or service and a
                            group health plan or group or individual health
                            insurance coverage offered by a health
                            insurance issuer, an emergency department of a
                            hospital, or an independent freestanding
                            emergency department, that has a contractual
                            relationship directly or indirectly with the
                            plan or issuer, respectively, with respect to
                            the furnishing of such an item or service at
                            such facility.
                        ``(G) Nonparticipating providers; participating
                    providers.--
                                ``(i) Nonparticipating provider.--The term
                            `nonparticipating provider' means, with respect
                            to an item or service and a group health plan
                            or group or individual health insurance
                            coverage offered by a health insurance issuer,
                            a physician or other health care provider who
                            is acting within the scope of practice of that
                            provider's license or certification under
                            applicable State law and who does not have a
                            contractual relationship with the plan or
                            issuer, respectively, for furnishing such item
                            or service under the plan or coverage,
                            respectively.
                                ``(ii) Participating provider.--The term
                            `participating provider' means, with respect to
                            an item or service and a group health plan or
                            group or individual health insurance coverage
                            offered by a health insurance issuer, a
                            physician or other health care provider who is
                            acting within the scope of practice of that
                            provider's license or certification under
                            applicable State law and who has a contractual
                            relationship with the plan or issuer,
                            respectively, for furnishing such item or
                            service under the plan or coverage,
                            respectively.
                        ``(H) Recognized amount.--The term `recognized
                    amount' means, with respect to an item or service
                    furnished by a nonparticipating provider or
                    nonparticipating emergency facility during a year and a
                    group health plan or group or individual health
                    insurance coverage offered by a health insurance
                    issuer--
                                ``(i) subject to clause (iii), in the case
                            of such item or service furnished in a State
                            that has in effect a specified State law with
                            respect to such plan, coverage, or issuer,
                            respectively; such a nonparticipating provider
                            or nonparticipating emergency facility; and
                            such an item or service, the amount determined
                            in accordance with such law;
                                ``(ii) subject to clause (iii), in the case
                            of such item or service furnished in a State
                            that does not have in effect a specified State
                            law, with respect to such plan, coverage, or
                            issuer, respectively; such a nonparticipating
                            provider or nonparticipating emergency
                            facility; and such an item or service, the
                            amount that is the qualifying payment amount
                            (as defined in subparagraph (E)) for such year
                            and determined in accordance with rulemaking
                            described in paragraph (2)(B)) for such item or
                            service; or
                                ``(iii) in the case of such item or service
                            furnished in a State with an All-Payer Model
                            Agreement under section 1115A of the Social
                            Security Act, the amount that the State
                            approves under such system for such item or
                            service so furnished.
                        ``(I) Specified state law.--The term `specified
                    State law' means, with respect to a State, an item or
                    service furnished by a nonparticipating provider or
                    nonparticipating emergency facility during a year and a
                    group health plan or group or individual health
                    insurance coverage offered by a health insurance
                    issuer, a State law that provides for a method for
                    determining the total amount payable under such a plan,
                    coverage, or issuer, respectively (to the extent such
                    State law applies to such plan, coverage, or issuer,
                    subject to section 514 of the Employee Retirement
                    Income Security Act of 1974) in the case of a
                    participant, beneficiary, or enrollee covered under
                    such plan or coverage and receiving such item or
                    service from such a nonparticipating provider or
                    nonparticipating emergency facility.
                        ``(J) Stabilize.--The term `to stabilize', with
                    respect to an emergency medical condition (as defined
                    in subparagraph (B)), has the meaning give in section
                    1867(e)(3) of the Social Security Act (42 U.S.C.
                    1395dd(e)(3)).
                        ``(K) Out-of-network rate.--The term `out-of-
                    network rate' means, with respect to an item or service
                    furnished in a State during a year to a participant,
                    beneficiary, or enrollee of a group health plan or
                    group or individual health insurance coverage offered
                    by a health insurance issuer receiving such item or
                    service from a nonparticipating provider or
                    nonparticipating emergency facility--
                                ``(i) subject to clause (iii), in the case
                            of such item or service furnished in a State
                            that has in effect a specified State law with
                            respect to such plan, coverage, or issuer,
                            respectively; such a nonparticipating provider
                            or nonparticipating emergency facility; and
                            such an item or service, the amount determined
                            in accordance with such law;
                                ``(ii) subject to clause (iii), in the case
                            such State does not have in effect such a law
                            with respect to such item or service, plan, and
                            provider or facility--
                                        ``(I) subject to subclause (II), if
                                    the provider or facility (as
                                    applicable) and such plan or coverage
                                    agree on an amount of payment
                                    (including if such agreed on amount is
                                    the initial payment sent by the plan
                                    under subsection
                                    (a)(1)(C)(iv)(I),subsection (b)(1)(C),
                                    or section 2799A-2(a)(3)(A), as
                                    applicable, or is agreed on through
                                    open negotiations under subsection
                                    (c)(1)) with respect to such item or
                                    service, such agreed on amount; or
                                        ``(II) if such provider or facility
                                    (as applicable) and such plan or
                                    coverage enter the independent dispute
                                    resolution process under subsection (c)
                                    and do not so agree before the date on
                                    which a certified IDR entity (as
                                    defined in paragraph (4) of such
                                    subsection) makes a determination with
                                    respect to such item or service under
                                    such subsection, the amount of such
                                    determination; or
                                ``(iii) in the case such State has an All-
                            Payer Model Agreement under section 1115A of
                            the Social Security Act, the amount that the
                            State approves under such system for such item
                            or service so furnished.
                        ``(L) Cost-sharing.--The term `cost-sharing'
                    includes copayments, coinsurance, and deductibles.
        ``(b) Coverage of Non-emergency Services Performed by
    Nonparticipating Providers at Certain Participating Facilities.--
                ``(1) In general.--In the case of items or services (other
            than emergency services to which subsection (a) applies) for
            which any benefits are provided or covered by a group health
            plan or health insurance issuer offering group or individual
            health insurance coverage furnished to a participant,
            beneficiary, or enrollee of such plan or coverage by a
            nonparticipating provider (as defined in subsection
            (a)(3)(G)(i)) (and who, with respect to such items and
            services, has not satisfied the notice and consent criteria of
            section 2799B-2(d)) with respect to a visit (as defined by the
            Secretary in accordance with paragraph (2)(B)) at a
            participating health care facility (as defined in paragraph
            (2)(A)), with respect to such plan or coverage, respectively,
            the plan or coverage, respectively--
                        ``(A) shall not impose on such participant,
                    beneficiary, or enrollee a cost-sharing requirement for
                    such items and services so furnished that is greater
                    than the cost-sharing requirement that would apply
                    under such plan or coverage, respectively, had such
                    items or services been furnished by a participating
                    provider (as defined in subsection (a)(3)(G)(ii));
                        ``(B) shall calculate such cost-sharing requirement
                    as if the total amount that would have been charged for
                    such items and services by such participating provider
                    were equal to the recognized amount (as defined in
                    subsection (a)(3)(H)) for such items and services, plan
                    or coverage, and year;
                        ``(C) not later than 30 calendar days after the
                    bill for such services is transmitted by such provider,
                    shall send to the provider an initial payment or notice
                    of denial of payment;
                        ``(D) shall pay a total plan or coverage payment
                    directly, in accordance, if applicable,with the timing
                    requirement described in subsection (c)(6), to such
                    provider furnishing such items and services to such
                    participant, beneficiary, or enrollee that is, with
                    application of any initial payment under subparagraph
                    (C), equal to the amount by which the out-of-network
                    rate (as defined in subsection (a)(3)(K)) for such
                    items and services involved exceeds the cost-sharing
                    amount imposed under the plan or coverage,
                    respectively, for such items and services (as
                    determined in accordance with subparagraphs (A) and
                    (B)) and year; and
                        ``(E) shall count toward any in-network deductible
                    and in-network out-of-pocket maximums (as applicable)
                    applied under the plan or coverage, respectively, any
                    cost-sharing payments made by the participant,
                    beneficiary, or enrollee (and such in-network
                    deductible and out-of-pocket maximums shall be applied)
                    with respect to such items and services so furnished in
                    the same manner as if such cost-sharing payments were
                    with respect to items and services furnished by a
                    participating provider.
                ``(2) Definitions.--In this section:
                        ``(A) Participating health care facility.--
                                ``(i) In general.--The term `participating
                            health care facility' means, with respect to an
                            item or service and a group health plan or
                            health insurance issuer offering group or
                            individual health insurance coverage, a health
                            care facility described in clause (ii) that has
                            a direct or indirect contractual relationship
                            with the plan or issuer, respectively, with
                            respect to the furnishing of such an item or
                            service at the facility.
                                ``(ii) Health care facility described.--A
                            health care facility described in this clause,
                            with respect to a group health plan or group or
                            individual health insurance coverage, is each
                            of the following:
                                        ``(I) A hospital (as defined in
                                    1861(e) of the Social Security Act).
                                        ``(II) A hospital outpatient
                                    department.
                                        ``(III) A critical access hospital
                                    (as defined in section 1861(mm)(1) of
                                    such Act).
                                        ``(IV) An ambulatory surgical
                                    center described in section
                                    1833(i)(1)(A) of such Act.
                                        ``(V) Any other facility, specified
                                    by the Secretary, that provides items
                                    or services for which coverage is
                                    provided under the plan or coverage,
                                    respectively.
                        ``(B) Visit.--The term `visit' shall, with respect
                    to items and services furnished to an individual at a
                    health care facility, include equipment and devices,
                    telemedicine services, imaging services, laboratory
                    services, preoperative and postoperative services, and
                    such other items and services as the Secretary may
                    specify, regardless of whether or not the provider
                    furnishing such items or services is at the facility.
        ``(c) Certain Access Fees to Certain Databases.--In the case of a
    sponsor of a group health plan or health insurance issuer offering
    group or individual health insurance coverage that, pursuant to
    subsection (a)(3)(E)(iii), uses a database described in such subsection
    to determine a rate to apply under such subsection for an item or
    service by reason of having insufficient information described in such
    subsection with respect to such item or service, such sponsor or issuer
    shall cover the cost for access to such database.''.
                (2) Transfer amendment.--Part D of title XXVII of the
            Public Health Service Act, as added by paragraph (1), is
            amended by adding at the end the following new section:

    ``SEC. 2799A-7. OTHER PATIENT PROTECTIONS.

        ``(a) Choice of Health Care Professional.--If a group health plan,
    or a health insurance issuer offering group or individual health
    insurance coverage, requires or provides for designation by a
    participant, beneficiary, or enrollee of a participating primary care
    provider, then the plan or issuer shall permit each participant,
    beneficiary, and enrollee to designate any participating primary care
    provider who is available to accept such individual.
        ``(b) Access to Pediatric Care.--
                ``(1) Pediatric care.--In the case of a person who has a
            child who is a participant, beneficiary, or enrollee under a
            group health plan, or group or individual health insurance
            coverage offered by a health insurance issuer, if the plan or
            issuer requires or provides for the designation of a
            participating primary care provider for the child, the plan or
            issuer shall permit such person to designate a physician
            (allopathic or osteopathic) who specializes in pediatrics as
            the child's primary care provider if such provider participates
            in the network of the plan or issuer.
                ``(2) Construction.--Nothing in paragraph (1) shall be
            construed to waive any exclusions of coverage under the terms
            and conditions of the plan or health insurance coverage with
            respect to coverage of pediatric care.
        ``(c) Patient Access to Obstetrical and Gynecological Care.--
                ``(1) General rights.--
                        ``(A) Direct access.--A group health plan, or
                    health insurance issuer offering group or individual
                    health insurance coverage, described in paragraph (2)
                    may not require authorization or referral by the plan,
                    issuer, or any person (including a primary care
                    provider described in paragraph (2)(B)) in the case of
                    a female participant, beneficiary, or enrollee who
                    seeks coverage for obstetrical or gynecological care
                    provided by a participating health care professional
                    who specializes in obstetrics or gynecology. Such
                    professional shall agree to otherwise adhere to such
                    plan's or issuer's policies and procedures, including
                    procedures regarding referrals and obtaining prior
                    authorization and providing services pursuant to a
                    treatment plan (if any) approved by the plan or issuer.
                        ``(B) Obstetrical and gynecological care.--A group
                    health plan or health insurance issuer described in
                    paragraph (2) shall treat the provision of obstetrical
                    and gynecological care, and the ordering of related
                    obstetrical and gynecological items and services,
                    pursuant to the direct access described under
                    subparagraph (A), by a participating health care
                    professional who specializes in obstetrics or
                    gynecology as the authorization of the primary care
                    provider.
                ``(2) Application of paragraph.--A group health plan, or
            health insurance issuer offering group or individual health
            insurance coverage, described in this paragraph is a group
            health plan or health insurance coverage that--
                        ``(A) provides coverage for obstetric or
                    gynecologic care; and
                        ``(B) requires the designation by a participant,
                    beneficiary, or enrollee of a participating primary
                    care provider.
                ``(3) Construction.--Nothing in paragraph (1) shall be
            construed to--
                        ``(A) waive any exclusions of coverage under the
                    terms and conditions of the plan or health insurance
                    coverage with respect to coverage of obstetrical or
                    gynecological care; or
                        ``(B) preclude the group health plan or health
                    insurance issuer involved from requiring that the
                    obstetrical or gynecological provider notify the
                    primary care health care professional or the plan or
                    issuer of treatment decisions.''.
                (3) Conforming amendments.--
                        (A) Section 2719A of the Public Health Service Act
                    (42 U.S.C. 300gg-19a) is amended by adding at the end
                    the following new subsection:
        ``(e) Application.--The provisions of this section shall not apply
    with respect to a group health plan, health insurance issuers, or group
    or individual health insurance coverage with respect to plan years
    beginning on or on January 1, 2022.''.
                        (B) Section 2722 of the Public Health Service Act
                    (42 U.S.C. 300gg-21) is amended--
                                (i) in subsection (a)(1), by inserting
                            ``and part D'' after ``subparts 1 and 2'';
                                (ii) in subsection (b), by inserting ``and
                            part D'' after ``subparts 1 and 2'';
                                (iii) in subsection (c)(1), by inserting
                            ``and part D'' after ``subparts 1 and 2'';
                                (iv) in subsection (c)(2), by inserting
                            ``and part D'' after ``subparts 1 and 2'';
                                (v) in subsection (c)(3), by inserting
                            ``and part D'' after ``this part''; and
                                (vi) in subsection (d), in the matter
                            preceding paragraph (1), by inserting ``and
                            part D'' after ``this part''.
                        (C) Section 2723 of the Public Health Service Act
                    (42 U.S.C. 300gg-22) is amended--
                                (i) in subsection (a)(1), by inserting
                            ``and part D'' after ``this part'';
                                (ii) in subsection (a)(2), by inserting
                            ``or part D'' after ``this part'';
                                (iii) in subsection (b)(1), by inserting
                            ``or part D'' after ``this part'';
                                (iv) in subsection (b)(2)(A), by inserting
                            ``or part D'' after ``this part''; and
                                (v) in subsection (b)(2)(C)(ii), by
                            inserting ``and part D'' after ``this part''.
                        (D) Section 2724 of the Public Health Service Act
                    (42 U.S.C. 300gg-23) is amended--
                                (i) in subsection (a)(1)--
                                        (I) by striking ``this part and
                                    part C insofar as it relates to this
                                    part'' and inserting ``this part, part
                                    D, and part C insofar as it relates to
                                    this part or part D''; and
                                        (II) by inserting ``or part D''
                                    after ``requirement of this part'';
                                (ii) in subsection (a)(2), by inserting
                            ``or part D'' after ``this part''; and
                                (iii) in subsection (c), by inserting ``or
                            part D'' after ``this part (other than section
                            2704)''.
        (b) ERISA Amendments.--
                (1) In general.--Subpart B of part 7 of title I of the
            Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185
            et seq.) is amended by adding at the end the following:

    ``SEC. 716. PREVENTING SURPRISE MEDICAL BILLS.

        ``(a) Coverage of Emergency Services.--
                ``(1) In general.--If a group health plan, or a health
            insurance issuer offering group health insurance coverage,
            provides or covers any benefits with respect to services in an
            emergency department of a hospital or with respect to emergency
            services in an independent freestanding emergency department
            (as defined in paragraph (3)(D)), the plan or issuer shall
            cover emergency services (as defined in paragraph (3)(C))--
                        ``(A) without the need for any prior authorization
                    determination;
                        ``(B) whether the health care provider furnishing
                    such services is a participating provider or a
                    participating emergency facility, as applicable, with
                    respect to such services;
                        ``(C) in a manner so that, if such services are
                    provided to a participant or beneficiary by a
                    nonparticipating provider or a nonparticipating
                    emergency facility--
                                ``(i) such services will be provided
                            without imposing any requirement under the plan
                            for prior authorization of services or any
                            limitation on coverage that is more restrictive
                            than the requirements or limitations that apply
                            to emergency services received from
                            participating providers and participating
                            emergency facilities with respect to such plan
                            or coverage, respectively;
                                ``(ii) the cost-sharing requirement is not
                            greater than the requirement that would apply
                            if such services were provided by a
                            participating provider or a participating
                            emergency facility;
                                ``(iii) such cost-sharing requirement is
                            calculated as if the total amount that would
                            have been charged for such services by such
                            participating provider or participating
                            emergency facility were equal to the recognized
                            amount (as defined in paragraph (3)(H)) for
                            such services, plan or coverage, and year;
                                ``(iv) the group health plan or health
                            insurance issuer, respectively--
                                        ``(I) not later than 30 calendar
                                    days after the bill for such services
                                    is transmitted by such provider or
                                    facility, sends to the provider or
                                    facility, as applicable, an initial
                                    payment or notice of denial of payment;
                                    and
                                        ``(II) pays a total plan or
                                    coverage payment directly to such
                                    provider or facility, respectively (in
                                    accordance, if applicable, with the
                                    timing requirement described in
                                    subsection (c)(6)) that is, with
                                    application of any initial payment
                                    under subclause (I), equal to the
                                    amount by which the out-of-network rate
                                    (as defined in paragraph (3)(K)) for
                                    such services exceeds the cost-sharing
                                    amount for such services (as determined
                                    in accordance with clauses (ii) and
                                    (iii)) and year; and
                                ``(v) any cost-sharing payments made by the
                            participant or beneficiary with respect to such
                            emergency services so furnished shall be
                            counted toward any in-network deductible or
                            out-of-pocket maximums applied under the plan
                            or coverage, respectively (and such in-network
                            deductible and out-of-pocket maximums shall be
                            applied) in the same manner as if such cost-
                            sharing payments were made with respect to
                            emergency services furnished by a participating
                            provider or a participating emergency facility;
                            and
                        ``(D) without regard to any other term or condition
                    of such coverage (other than exclusion or coordination
                    of benefits, or an affiliation or waiting period,
                    permitted under section 2704 of the Public Health
                    Service Act, including as incorporated pursuant to
                    section 715 of this Act and section 9815 of the
                    Internal Revenue Code of 1986, and other than
                    applicable cost-sharing).
                ``(2) Regulations for qualifying payment amounts.--Not
            later than July 1, 2021, the Secretary, in consultation with
            the Secretary of the Treasury and the Secretary of Health and
            Human Services, shall establish through rulemaking--
                        ``(A) the methodology the group health plan or
                    health insurance issuer offering health insurance
                    coverage in the group market shall use to determine the
                    qualifying payment amount, differentiating by large
                    group market, and small group market;
                        ``(B) the information such plan or issuer,
                    respectively, shall share with the nonparticipating
                    provider or nonparticipating facility, as applicable,
                    when making such a determination;
                        ``(C) the geographic regions applied for purposes
                    of this subparagraph, taking into account access to
                    items and services in rural and underserved areas,
                    including health professional shortage areas, as
                    defined in section 332 of the Public Health Service
                    Act; and
                        ``(D) a process to receive complaints of violations
                    of the requirements described in subclauses (I) and
                    (II) of subparagraph (A)(i) by group health plans and
                    health insurance issuers offering health insurance
                    coverage in the group market.
            Such rulemaking shall take into account payments that are made
            by such plan or issuer, respectively, that are not on a fee-
            for-service basis. Such methodology may account for relevant
            payment adjustments that take into account quality or facility
            type (including higher acuity settings and the case-mix of
            various facility types) that are otherwise taken into account
            for purposes of determining payment amounts with respect to
            participating facilities. In carrying out clause (iii), the
            Secretary shall consult with the National Association of
            Insurance Commissioners to establish the geographic regions
            under such clause and shall periodically update such regions,
            as appropriate, taking into account the findings of the report
            submitted under section 109(a) of the No Surprises Act.
                ``(3) Definitions.--In this subpart:
                        ``(A) Emergency department of a hospital.--The term
                    `emergency department of a hospital' includes a
                    hospital outpatient department that provides emergency
                    services (as defined in subparagraph (C)(i)).
                        ``(B) Emergency medical condition.--The term
                    `emergency medical condition' means a medical condition
                    manifesting itself by acute symptoms of sufficient
                    severity (including severe pain) such that a prudent
                    layperson, who possesses an average knowledge of health
                    and medicine, could reasonably expect the absence of
                    immediate medical attention to result in a condition
                    described in clause (i), (ii), or (iii) of section
                    1867(e)(1)(A) of the Social Security Act.
                        ``(C) Emergency services.--
                                ``(i) In general.--The term `emergency
                            services', with respect to an emergency medical
                            condition, means--
                                        ``(I) a medical screening
                                    examination (as required under section
                                    1867 of the Social Security Act, or as
                                    would be required under such section if
                                    such section applied to an independent
                                    freestanding emergency department) that
                                    is within the capability of the
                                    emergency department of a hospital or
                                    of an independent freestanding
                                    emergency department, as applicable,
                                    including ancillary services routinely
                                    available to the emergency department
                                    to evaluate such emergency medical
                                    condition; and
                                        ``(II) within the capabilities of
                                    the staff and facilities available at
                                    the hospital or the independent
                                    freestanding emergency department, as
                                    applicable, such further medical
                                    examination and treatment as are
                                    required under section 1867 of such
                                    Act, or as would be required under such
                                    section if such section applied to an
                                    independent freestanding emergency
                                    department, to stabilize the patient
                                    (regardless of the department of the
                                    hospital in which such further
                                    examination or treatment is furnished).
                                ``(ii) Inclusion of additional services.--
                                        ``(I) In general.--For purposes of
                                    this subsection and section 2799B-1 of
                                    the Public Health Service Act, in the
                                    case of a participant or beneficiary
                                    who is enrolled in a group health plan
                                    or group health insurance coverage
                                    offered by a health insurance issuer
                                    and who is furnished services described
                                    in clause (i) with respect to an
                                    emergency medical condition, the term
                                    `emergency services' shall include,
                                    unless each of the conditions described
                                    in subclause (II) are met, in addition
                                    to the items and services described in
                                    clause (i), items and services--
                                                ``(aa) for which benefits
                                            are provided or covered under
                                            the plan or coverage,
                                            respectively; and
                                                ``(bb) that are furnished
                                            by a nonparticipating provider
                                            or nonparticipating emergency
                                            facility (regardless of the
                                            department of the hospital in
                                            which such items or services
                                            are furnished) after the
                                            participant or beneficiary is
                                            stabilized and as part of
                                            outpatient observation or an
                                            inpatient or outpatient stay
                                            with respect to the visit in
                                            which the services described in
                                            clause (i) are furnished.
                                        ``(II) Conditions.--For purposes of
                                    subclause (I), the conditions described
                                    in this subclause, with respect to a
                                    participant or beneficiary who is
                                    stabilized and furnished additional
                                    items and services described in
                                    subclause (I) after such stabilization
                                    by a provider or facility described in
                                    subclause (I), are the following;
                                                ``(aa) Such provider or
                                            facility determines such
                                            individual is able to travel
                                            using nonmedical transportation
                                            or nonemergency medical
                                            transportation.
                                                ``(bb) Such provider
                                            furnishing such additional
                                            items and services satisfies
                                            the notice and consent criteria
                                            of section 2799B-2(d) with
                                            respect to such items and
                                            services.
                                                ``(cc) Such individual is
                                            in a condition to receive (as
                                            determined in accordance with
                                            guidelines issued by the
                                            Secretary pursuant to
                                            rulemaking) the information
                                            described in section 2799B-2
                                            and to provide informed consent
                                            under such section, in
                                            accordance with applicable
                                            State law.
                                                ``(dd) Such other
                                            conditions, as specified by the
                                            Secretary, such as conditions
                                            relating to coordinating care
                                            transitions to participating
                                            providers and facilities.
                        ``(D) Independent freestanding emergency
                    department.--The term `independent freestanding
                    emergency department' means a health care facility
                    that--
                                ``(i) is geographically separate and
                            distinct and licensed separately from a
                            hospital under applicable State law; and
                                ``(ii) provides any of the emergency
                            services (as defined in subparagraph (C)(i)).
                        ``(E) Qualifying payment amount.--
                                ``(i) In general.--The term `qualifying
                            payment amount' means, subject to clauses (ii)
                            and (iii), with respect to a sponsor of a group
                            health plan and health insurance issuer
                            offering group health insurance coverage--
                                        ``(I) for an item or service
                                    furnished during 2022, the median of
                                    the contracted rates recognized by the
                                    plan or issuer, respectively
                                    (determined with respect to all such
                                    plans of such sponsor or all such
                                    coverage offered by such issuer that
                                    are offered within the same insurance
                                    market (specified in subclause (I),
                                    (II), or (III) of clause (iv)) as the
                                    plan or coverage) as the total maximum
                                    payment (including the cost-sharing
                                    amount imposed for such item or service
                                    and the amount to be paid by the plan
                                    or issuer, respectively) under such
                                    plans or coverage, respectively, on
                                    January 31, 2019, for the same or a
                                    similar item or service that is
                                    provided by a provider in the same or
                                    similar specialty and provided in the
                                    geographic region in which the item or
                                    service is furnished, consistent with
                                    the methodology established by the
                                    Secretary under paragraph (2),
                                    increased by the percentage increase in
                                    the consumer price index for all urban
                                    consumers (United States city average)
                                    over 2019, such percentage increase
                                    over 2020, and such percentage increase
                                    over 2021; and
                                        ``(II) for an item or service
                                    furnished during 2023 or a subsequent
                                    year, the qualifying payment amount
                                    determined under this clause for such
                                    an item or service furnished in the
                                    previous year, increased by the
                                    percentage increase in the consumer
                                    price index for all urban consumers
                                    (United States city average) over such
                                    previous year.
                                ``(ii) New plans and coverage.--The term
                            `qualifying payment amount' means, with respect
                            to a sponsor of a group health plan or health
                            insurance issuer offering group health
                            insurance coverage in a geographic region in
                            which such sponsor or issuer, respectively, did
                            not offer any group health plan or health
                            insurance coverage during 2019--
                                        ``(I) for the first year in which
                                    such group health plan or health
                                    insurance coverage, respectively, is
                                    offered in such region, a rate
                                    (determined in accordance with a
                                    methodology established by the
                                    Secretary) for items and services that
                                    are covered by such plan and furnished
                                    during such first year; and
                                        ``(II) for each subsequent year
                                    such group health plan or health
                                    insurance coverage, respectively, is
                                    offered in such region, the qualifying
                                    payment amount determined under this
                                    clause for such items and services
                                    furnished in the previous year,
                                    increased by the percentage increase in
                                    the consumer price index for all urban
                                    consumers (United States city average)
                                    over such previous year.
                                ``(iii) Insufficient information; newly
                            covered items and services.--In the case of a
                            sponsor of a group health plan or health
                            insurance issuer offering group health
                            insurance coverage that does not have
                            sufficient information to calculate the median
                            of the contracted rates described in clause
                            (i)(I) in 2019 (or, in the case of a newly
                            covered item or service (as defined in clause
                            (v)(III)), in the first coverage year (as
                            defined in clause (v)(I)) for such item or
                            service with respect to such plan or coverage)
                            for an item or service (including with respect
                            to provider type, or amount, of claims for
                            items or services (as determined by the
                            Secretary) provided in a particular geographic
                            region (other than in a case with respect to
                            which clause (ii) applies)) the term
                            `qualifying payment amount'--
                                        ``(I) for an item or service
                                    furnished during 2022 (or, in the case
                                    of a newly covered item or service,
                                    during the first coverage year for such
                                    item or service with respect to such
                                    plan or coverage), means such rate for
                                    such item or service determined by the
                                    sponsor or issuer, respectively,
                                    through use of any database that is
                                    determined, in accordance with
                                    rulemaking described in paragraph (2),
                                    to not have any conflicts of interest
                                    and to have sufficient information
                                    reflecting allowed amounts paid to a
                                    health care provider or facility for
                                    relevant services furnished in the
                                    applicable geographic region (such as a
                                    State all-payer claims database);
                                        ``(II) for an item or service
                                    furnished in a subsequent year (before
                                    the first sufficient information year
                                    (as defined in clause (v)(II)) for such
                                    item or service with respect to such
                                    plan or coverage), means the rate
                                    determined under subclause (I) or this
                                    subclause, as applicable, for such item
                                    or service for the year previous to
                                    such subsequent year, increased by the
                                    percentage increase in the consumer
                                    price index for all urban consumers
                                    (United States city average) over such
                                    previous year;
                                        ``(III) for an item or service
                                    furnished in the first sufficient
                                    information year for such item or
                                    service with respect to such plan or
                                    coverage, has the meaning given the
                                    term qualifying payment amount in
                                    clause (i)(I), except that in applying
                                    such clause to such item or service,
                                    the reference to `furnished during
                                    2022' shall be treated as a reference
                                    to furnished during such first
                                    sufficient information year, the
                                    reference to `in 2019' shall be treated
                                    as a reference to such sufficient
                                    information year, and the increase
                                    described in such clause shall not be
                                    applied; and
                                        ``(IV) for an item or service
                                    furnished in any year subsequent to the
                                    first sufficient information year for
                                    such item or service with respect to
                                    such plan or coverage, has the meaning
                                    given such term in clause (i)(II),
                                    except that in applying such clause to
                                    such item or service, the reference to
                                    `furnished during 2023 or a subsequent
                                    year' shall be treated as a reference
                                    to furnished during the year after such
                                    first sufficient information year or a
                                    subsequent year.
                                ``(iv) Insurance market.--For purposes of
                            clause (i)(I), a health insurance market
                            specified in this clause is one of the
                            following:
                                        ``(I) The large group market (other
                                    than plans described in subclause
                                    (III)).
                                        ``(II) The small group market
                                    (other than plans described in
                                    subclause (III)).
                                        ``(III) In the case of a self-
                                    insured group health plan, other self-
                                    insured group health plans.
                                ``(v) Definitions.--For purposes of this
                            subparagraph:
                                        ``(I) First coverage year.--The
                                    term `first coverage year' means, with
                                    respect to a group health plan or group
                                    health insurance coverage offered by a
                                    health insurance issuer and an item or
                                    service for which coverage is not
                                    offered in 2019 under such plan or
                                    coverage, the first year after 2019 for
                                    which coverage for such item or service
                                    is offered under such plan or health
                                    insurance coverage.
                                        ``(II) First sufficient information
                                    year.--The term `first sufficient
                                    information year' means, with respect
                                    to a group health plan or group health
                                    insurance coverage offered by a health
                                    insurance issuer--
                                                ``(aa) in the case of an
                                            item or service for which the
                                            plan or coverage does not have
                                            sufficient information to
                                            calculate the median of the
                                            contracted rates described in
                                            clause (i)(I) in 2019, the
                                            first year subsequent to 2022
                                            for which such sponsor or
                                            issuer has such sufficient
                                            information to calculate the
                                            median of such contracted rates
                                            in the year previous to such
                                            first subsequent year; and
                                                ``(bb) in the case of a
                                            newly covered item or service,
                                            the first year subsequent to
                                            the first coverage year for
                                            such item or service with
                                            respect to such plan or
                                            coverage for which the sponsor
                                            or issuer has sufficient
                                            information to calculate the
                                            median of the contracted rates
                                            described in clause (i)(I) in
                                            the year previous to such first
                                            subsequent year.
                                        ``(III) Newly covered item or
                                    service.--The term `newly covered item
                                    or service' means, with respect to a
                                    group health plan or health insurance
                                    issuer offering group health insurance
                                    coverage, an item or service for which
                                    coverage was not offered in 2019 under
                                    such plan or coverage, but is offered
                                    under such plan or coverage in a year
                                    after 2019.
                        ``(F) Nonparticipating emergency facility;
                    participating emergency facility.--
                                ``(i) Nonparticipating emergency
                            facility.--The term `nonparticipating emergency
                            facility' means, with respect to an item or
                            service and a group health plan or group health
                            insurance coverage offered by a health
                            insurance issuer, an emergency department of a
                            hospital, or an independent freestanding
                            emergency department, that does not have a
                            contractual relationship directly or indirectly
                            with the plan or issuer, respectively, for
                            furnishing such item or service under the plan
                            or coverage, respectively.
                                ``(ii) Participating emergency facility.--
                            The term `participating emergency facility'
                            means, with respect to an item or service and a
                            group health plan or group health insurance
                            coverage offered by a health insurance issuer,
                            an emergency department of a hospital, or an
                            independent freestanding emergency department,
                            that has a contractual relationship directly or
                            indirectly with the plan or issuer,
                            respectively, with respect to the furnishing of
                            such an item or service at such facility.
                        ``(G) Nonparticipating providers; participating
                    providers.--
                                ``(i) Nonparticipating provider.--The term
                            `nonparticipating provider' means, with respect
                            to an item or service and a group health plan
                            or group health insurance coverage offered by a
                            health insurance issuer, a physician or other
                            health care provider who is acting within the
                            scope of practice of that provider's license or
                            certification under applicable State law and
                            who does not have a contractual relationship
                            with the plan or issuer, respectively, for
                            furnishing such item or service under the plan
                            or coverage, respectively.
                                ``(ii) Participating provider.--The term
                            `participating provider' means, with respect to
                            an item or service and a group health plan or
                            group health insurance coverage offered by a
                            health insurance issuer, a physician or other
                            health care provider who is acting within the
                            scope of practice of that provider's license or
                            certification under applicable State law and
                            who has a contractual relationship with the
                            plan or issuer, respectively, for furnishing
                            such item or service under the plan or
                            coverage, respectively.
                        ``(H) Recognized amount.--The term `recognized
                    amount' means, with respect to an item or service
                    furnished by a nonparticipating provider or
                    nonparticipating emergency facility during a year and a
                    group health plan or group health insurance coverage
                    offered by a health insurance issuer--
                                ``(i) subject to clause (iii), in the case
                            of such item or service furnished in a State
                            that has in effect a specified State law with
                            respect to such plan, coverage, or issuer,
                            respectively; such a nonparticipating provider
                            or nonparticipating emergency facility; and
                            such an item or service, the amount determined
                            in accordance with such law;
                                ``(ii) subject to clause (iii), in the case
                            of such item or service furnished in a State
                            that does not have in effect a specified State
                            law, with respect to such plan, coverage, or
                            issuer, respectively; such a nonparticipating
                            provider or nonparticipating emergency
                            facility; and such an item or service, the
                            amount that is the qualifying payment amount
                            (as defined in subparagraph (E)) for such year
                            and determined in accordance with rulemaking
                            described in paragraph (2)) for such item or
                            service; or
                                ``(iii) in the case of such item or service
                            furnished in a State with an All-Payer Model
                            Agreement under section 1115A of the Social
                            Security Act, the amount that the State
                            approves under such system for such item or
                            service so furnished.
                        ``(I) Specified state law.--The term `specified
                    State law' means, with respect to a State, an item or
                    service furnished by a nonparticipating provider or
                    nonparticipating emergency facility during a year and a
                    group health plan or group health insurance coverage
                    offered by a health insurance issuer, a State law that
                    provides for a method for determining the total amount
                    payable under such a plan, coverage, or issuer,
                    respectively (to the extent such State law applies to
                    such plan, coverage, or issuer, subject to section 514)
                    in the case of a participant or beneficiary covered
                    under such plan or coverage and receiving such item or
                    service from such a nonparticipating provider or
                    nonparticipating emergency facility.
                        ``(J) Stabilize.--The term `to stabilize', with
                    respect to an emergency medical condition (as defined
                    in subparagraph (B)), has the meaning give in section
                    1867(e)(3) of the Social Security Act (42 U.S.C.
                    1395dd(e)(3)).
                        ``(K) Out-of-network rate.--The term `out-of-
                    network rate' means, with respect to an item or service
                    furnished in a State during a year to a participant or
                    beneficiary of a group health plan or group health
                    insurance coverage offered by a health insurance issuer
                    receiving such item or service from a nonparticipating
                    provider or nonparticipating emergency facility--
                                ``(i) subject to clause (iii), in the case
                            of such item or service furnished in a State
                            that has in effect a specified State law with
                            respect to such plan, coverage, or issuer,
                            respectively; such a nonparticipating provider
                            or nonparticipating emergency facility; and
                            such an item or service, the amount determined
                            in accordance with such law;
                                ``(ii) subject to clause (iii), in the case
                            such State does not have in effect such a law
                            with respect to such item or service, plan, and
                            provider or facility--
                                        ``(I) subject to subclause (II), if
                                    the provider or facility (as
                                    applicable) and such plan or coverage
                                    agree on an amount of payment
                                    (including if such agreed on amount is
                                    the initial payment sent by the plan
                                    under subsection (a)(1)(C)(iv)(I),
                                    subsection (b)(1)(C), or section
                                    717(a)(3)(A), as applicable, or is
                                    agreed on through open negotiations
                                    under subsection (c)(1)) with respect
                                    to such item or service, such agreed on
                                    amount; or
                                        ``(II) if such provider or facility
                                    (as applicable) and such plan or
                                    coverage enter the independent dispute
                                    resolution process under subsection (c)
                                    and do not so agree before the date on
                                    which a certified IDR entity (as
                                    defined in paragraph (4) of such
                                    subsection) makes a determination with
                                    respect to such item or service under
                                    such subsection, the amount of such
                                    determination; or
                                ``(iii) in the case such State has an All-
                            Payer Model Agreement under section 1115A of
                            the Social Security Act, the amount that the
                            State approves under such system for such item
                            or service so furnished.
                        ``(L) Cost-sharing.--The term `cost-sharing'
                    includes copayments, coinsurance, and deductibles.
        ``(b) Coverage of Non-emergency Services Performed by
    Nonparticipating Providers at Certain Participating Facilities.--
                ``(1) In general.--In the case of items or services (other
            than emergency services to which subsection (a) applies) for
            which any benefits are provided or covered by a group health
            plan or health insurance issuer offering group health insurance
            coverage furnished to a participant or beneficiary of such plan
            or coverage by a nonparticipating provider (as defined in
            subsection (a)(3)(G)(i)) (and who, with respect to such items
            and services, has not satisfied the notice and consent criteria
            of section 2799B-2(d) of the Public Health Service Act) with
            respect to a visit (as defined by the Secretary in accordance
            with paragraph (2)(B)) at a participating health care facility
            (as defined in paragraph (2)(A)), with respect to such plan or
            coverage, respectively, the plan or coverage, respectively--
                        ``(A) shall not impose on such participant or
                    beneficiary a cost-sharing requirement for such items
                    and services so furnished that is greater than the
                    cost-sharing requirement that would apply under such
                    plan or coverage, respectively, had such items or
                    services been furnished by a participating provider (as
                    defined in subsection (a)(3)(G)(ii));
                        ``(B) shall calculate such cost-sharing requirement
                    as if the total amount that would have been charged for
                    such items and services by such participating provider
                    were equal to the recognized amount (as defined in
                    subsection (a)(3)(H)) for such items and services, plan
                    or coverage, and year;
                        ``(C) not later than 30 calendar days after the
                    bill for such items or services is transmitted by such
                    provider, shall send to the provider an initial payment
                    or notice of denial of payment;
                        ``(D) shall pay a total plan or coverage payment
                    directly, in accordance, if applicable, with the timing
                    requirement described in subsection (c)(6), to such
                    provider furnishing such items and services to such
                    participant or beneficiary that is, with application of
                    any initial payment under subparagraph (C), equal to
                    the amount by which the out-of-network rate (as defined
                    in subsection (a)(3)(K)) for such items and services
                    exceeds the cost-sharing amount imposed under the plan
                    or coverage, respectively, for such items and services
                    (as determined in accordance with subparagraphs (A) and
                    (B)) and year; and
                        ``(E) shall count toward any in-network deductible
                    and in-network out-of-pocket maximums (as applicable)
                    applied under the plan or coverage, respectively, any
                    cost-sharing payments made by the participant or
                    beneficiary (and such in-network deductible and out-of-
                    pocket maximums shall be applied) with respect to such
                    items and services so furnished in the same manner as
                    if such cost-sharing payments were with respect to
                    items and services furnished by a participating
                    provider.
                ``(2) Definitions.--In this section:
                        ``(A) Participating health care facility.--
                                ``(i) In general.--The term `participating
                            health care facility' means, with respect to an
                            item or service and a group health plan or
                            health insurance issuer offering group health
                            insurance coverage, a health care facility
                            described in clause (ii) that has a direct or
                            indirect contractual relationship with the plan
                            or issuer, respectively, with respect to the
                            furnishing of such an item or service at the
                            facility.
                                ``(ii) Health care facility described.--A
                            health care facility described in this clause,
                            with respect to a group health plan or group
                            health insurance coverage, is each of the
                            following:
                                        ``(I) A hospital (as defined in
                                    1861(e) of the Social Security Act).
                                        ``(II) A hospital outpatient
                                    department.
                                        ``(III) A critical access hospital
                                    (as defined in section 1861(mm)(1) of
                                    such Act).
                                        ``(IV) An ambulatory surgical
                                    center described in section
                                    1833(i)(1)(A) of such Act.
                                        ``(V) Any other facility, specified
                                    by the Secretary, that provides items
                                    or services for which coverage is
                                    provided under the plan or coverage,
                                    respectively.
                        ``(B) Visit.--The term `visit' shall, with respect
                    to items and services furnished to an individual at a
                    health care facility, include equipment and devices,
                    telemedicine services, imaging services, laboratory
                    services, preoperative and postoperative services, and
                    such other items and services as the Secretary may
                    specify, regardless of whether or not the provider
                    furnishing such items or services is at the facility.
        ``(c) Certain Access Fees to Certain Databases.--In the case of a
    sponsor of a group health plan or health insurance issuer offering
    group health insurance coverage that, pursuant to subsection
    (a)(3)(E)(iii), uses a database described in such subsection to
    determine a rate to apply under such subsection for an item or service
    by reason of having insufficient information described in such
    subsection with respect to such item or service, such sponsor or issuer
    shall cover the cost for access to such database.''.
                (2) Transfer amendment.--Subpart B of part 7 of title I of
            the Employee Retirement Income Security Act of 1974 (29 U.S.C.
            1185 et seq.), as amended by paragraph (1), is further amended
            by adding at the end the following:

    ``SEC. 722. OTHER PATIENT PROTECTIONS.

        ``(a) Choice of Health Care Professional.--If a group health plan,
    or a health insurance issuer offering group health insurance coverage,
    requires or provides for designation by a participant or beneficiary of
    a participating primary care provider, then the plan or issuer shall
    permit each participant and beneficiary to designate any participating
    primary care provider who is available to accept such individual.
        ``(b) Access to Pediatric Care.--
                ``(1) Pediatric care.--In the case of a person who has a
            child who is a participant or beneficiary under a group health
            plan, or group health insurance coverage offered by a health
            insurance issuer, if the plan or issuer requires or provides
            for the designation of a participating primary care provider
            for the child, the plan or issuer shall permit such person to
            designate a physician (allopathic or osteopathic) who
            specializes in pediatrics as the child's primary care provider
            if such provider participates in the network of the plan or
            issuer.
                ``(2) Construction.--Nothing in paragraph (1) shall be
            construed to waive any exclusions of coverage under the terms
            and conditions of the plan or health insurance coverage with
            respect to coverage of pediatric care.
        ``(c) Patient Access to Obstetrical and Gynecological Care.--
                ``(1) General rights.--
                        ``(A) Direct access.--A group health plan, or
                    health insurance issuer offering group health insurance
                    coverage, described in paragraph (2) may not require
                    authorization or referral by the plan, issuer, or any
                    person (including a primary care provider described in
                    paragraph (2)(B)) in the case of a female participant
                    or beneficiary who seeks coverage for obstetrical or
                    gynecological care provided by a participating health
                    care professional who specializes in obstetrics or
                    gynecology. Such professional shall agree to otherwise
                    adhere to such plan's or issuer's policies and
                    procedures, including procedures regarding referrals
                    and obtaining prior authorization and providing
                    services pursuant to a treatment plan (if any) approved
                    by the plan or issuer.
                        ``(B) Obstetrical and gynecological care.--A group
                    health plan or health insurance issuer described in
                    paragraph (2) shall treat the provision of obstetrical
                    and gynecological care, and the ordering of related
                    obstetrical and gynecological items and services,
                    pursuant to the direct access described under
                    subparagraph (A), by a participating health care
                    professional who specializes in obstetrics or
                    gynecology as the authorization of the primary care
                    provider.
                ``(2) Application of paragraph.--A group health plan, or
            health insurance issuer offering group health insurance
            coverage, described in this paragraph is a group health plan or
            coverage that--
                        ``(A) provides coverage for obstetric or
                    gynecologic care; and
                        ``(B) requires the designation by a participant or
                    beneficiary of a participating primary care provider.
                ``(3) Construction.--Nothing in paragraph (1) shall be
            construed to--
                        ``(A) waive any exclusions of coverage under the
                    terms and conditions of the plan or health insurance
                    coverage with respect to coverage of obstetrical or
                    gynecological care; or
                        ``(B) preclude the group health plan or health
                    insurance issuer involved from requiring that the
                    obstetrical or gynecological provider notify the
                    primary care health care professional or the plan or
                    issuer of treatment decisions.''.
                (3) Clerical amendment.--The table of contents of the
            Employee Retirement Income Security Act of 1974 is amended by
            inserting after the item relating to section 714 the following:

    ``Sec. 715. Additional market reforms.
    ``Sec. 716. Preventing surprise medical bills.
    ``Sec. 722. Other patient protections.''.
        (c) IRC Amendments.--
                (1) In general.--Subchapter B of chapter 100 of the
            Internal Revenue Code of 1986 is amended by adding at the end
            the following:

    ``SEC. 9816. PREVENTING SURPRISE MEDICAL BILLS.

        ``(a) Coverage of Emergency Services.--
                ``(1) In general.--If a group health plan provides or
            covers any benefits with respect to services in an emergency
            department of a hospital or with respect to emergency services
            in an independent freestanding emergency department (as defined
            in paragraph (3)(D)), the plan shall cover emergency services
            (as defined in paragraph (3)(C))--
                        ``(A) without the need for any prior authorization
                    determination;
                        ``(B) whether the health care provider furnishing
                    such services is a participating provider or a
                    participating emergency facility, as applicable, with
                    respect to such services;
                        ``(C) in a manner so that, if such services are
                    provided to a participant or beneficiary by a
                    nonparticipating provider or a nonparticipating
                    emergency facility--
                                ``(i) such services will be provided
                            without imposing any requirement under the plan
                            for prior authorization of services or any
                            limitation on coverage that is more restrictive
                            than the requirements or limitations that apply
                            to emergency services received from
                            participating providers and participating
                            emergency facilities with respect to such plan;
                                ``(ii) the cost-sharing requirement is not
                            greater than the requirement that would apply
                            if such services were provided by a
                            participating provider or a participating
                            emergency facility;
                                ``(iii) such cost-sharing requirement is
                            calculated as if the total amount that would
                            have been charged for such services by such
                            participating provider or participating
                            emergency facility were equal to the recognized
                            amount (as defined in paragraph (3)(H)) for
                            such services, plan, and year;
                                ``(iv) the group health plan--
                                        ``(I) not later than 30 calendar
                                    days after the bill for such services
                                    is transmitted by such provider or
                                    facility, sends to the provider or
                                    facility, as applicable, an initial
                                    payment or notice of denial of payment;
                                    and
                                        ``(II) pays a total plan payment
                                    directly to such provider or facility,
                                    respectively (in accordance, if
                                    applicable, with the timing requirement
                                    described in subsection (c)(6)) that
                                    is, with application of any initial
                                    payment under subclause (I), equal to
                                    the amount by which the out-of-network
                                    rate (as defined in paragraph (3)(K))
                                    for such services exceeds the cost-
                                    sharing amount for such services (as
                                    determined in accordance with clauses
                                    (ii) and (iii)) and year; and
                                ``(iv) any cost-sharing payments made by
                            the participant or beneficiary with respect to
                            such emergency services so furnished shall be
                            counted toward any in-network deductible or
                            out-of-pocket maximums applied under the plan
                            (and such in-network deductible and out-of-
                            pocket maximums shall be applied) in the same
                            manner as if such cost-sharing payments were
                            made with respect to emergency services
                            furnished by a participating provider or a
                            participating emergency facility; and
                        ``(D) without regard to any other term or condition
                    of such coverage (other than exclusion or coordination
                    of benefits, or an affiliation or waiting period,
                    permitted under section 2704 of the Public Health
                    Service Act, including as incorporated pursuant to
                    section 715 of the Employee Retirement Income Security
                    Act of 1974 and section 9815 of this Act, and other
                    than applicable cost-sharing).
                ``(2) Audit process and regulations for qualifying payment
            amounts.--
                        ``(A) Audit process.--
                                ``(i) In general.--Not later than October
                            1, 2021, the Secretary, in consultation with
                            the Secretary of Health and Human Services and
                            the Secretary of Labor, shall establish through
                            rulemaking a process, in accordance with clause
                            (ii), under which group health plans are
                            audited by the Secretary or applicable State
                            authority to ensure that--
                                        ``(I) such plans are in compliance
                                    with the requirement of applying a
                                    qualifying payment amount under this
                                    section; and
                                        ``(II) such qualifying payment
                                    amount so applied satisfies the
                                    definition under paragraph (3)(E) with
                                    respect to the year involved, including
                                    with respect to a group health plan
                                    described in clause (ii) of such
                                    paragraph (3)(E).
                                ``(ii) Audit samples.--Under the process
                            established pursuant to clause (i), the
                            Secretary--
                                        ``(I) shall conduct audits
                                    described in such clause, with respect
                                    to a year (beginning with 2022), of a
                                    sample with respect to such year of
                                    claims data from not more than 25 group
                                    health plans; and
                                        ``(II) may audit any group health
                                    plan if the Secretary has received any
                                    complaint or other information about
                                    such plan or coverage, respectively,
                                    that involves the compliance of the
                                    plan with either of the requirements
                                    described in subclauses (I) and (II) of
                                    such clause.
                                ``(iii) Reports.--Beginning for 2022, the
                            Secretary shall annually submit to Congress a
                            report on the number of plans and issuers with
                            respect to which audits were conducted during
                            such year pursuant to this subparagraph.
                        ``(B) Rulemaking.--Not later than July 1, 2021, the
                    Secretary, in consultation with the Secretary of Labor
                    and the Secretary of Health and Human Services, shall
                    establish through rulemaking--
                                ``(i) the methodology the group health plan
                            shall use to determine the qualifying payment
                            amount, differentiating by large group market
                            and small group market;
                                ``(ii) the information such plan or issuer,
                            respectively, shall share with the
                            nonparticipating provider or nonparticipating
                            facility, as applicable, when making such a
                            determination;
                                ``(iii) the geographic regions applied for
                            purposes of this subparagraph, taking into
                            account access to items and services in rural
                            and underserved areas, including health
                            professional shortage areas, as defined in
                            section 332 of the Public Health Service Act;
                            and
                                ``(iv) a process to receive complaints of
                            violations of the requirements described in
                            subclauses (I) and (II) of subparagraph (A)(i)
                            by group health plans.
                    Such rulemaking shall take into account payments that
                    are made by such plan that are not on a fee-for-service
                    basis. Such methodology may account for relevant
                    payment adjustments that take into account quality or
                    facility type (including higher acuity settings and the
                    case-mix of various facility types) that are otherwise
                    taken into account for purposes of determining payment
                    amounts with respect to participating facilities. In
                    carrying out clause (iii), the Secretary shall consult
                    with the National Association of Insurance
                    Commissioners to establish the geographic regions under
                    such clause and shall periodically update such regions,
                    as appropriate, taking into account the findings of the
                    report submitted under section 109(a) of the No
                    Surprises Act.
                ``(3) Definitions.--In this subchapter:
                        ``(A) Emergency department of a hospital.--The term
                    `emergency department of a hospital' includes a
                    hospital outpatient department that provides emergency
                    services (as defined in subparagraph (C)(i)).
                        ``(B) Emergency medical condition.--The term
                    `emergency medical condition' means a medical condition
                    manifesting itself by acute symptoms of sufficient
                    severity (including severe pain) such that a prudent
                    layperson, who possesses an average knowledge of health
                    and medicine, could reasonably expect the absence of
                    immediate medical attention to result in a condition
                    described in clause (i), (ii), or (iii) of section
                    1867(e)(1)(A) of the Social Security Act.
                        ``(C) Emergency services.--
                                ``(i) In general.--The term `emergency
                            services', with respect to an emergency medical
                            condition, means--
                                        ``(I) a medical screening
                                    examination (as required under section
                                    1867 of the Social Security Act, or as
                                    would be required under such section if
                                    such section applied to an independent
                                    freestanding emergency department) that
                                    is within the capability of the
                                    emergency department of a hospital or
                                    of an independent freestanding
                                    emergency department, as applicable,
                                    including ancillary services routinely
                                    available to the emergency department
                                    to evaluate such emergency medical
                                    condition; and
                                        ``(II) within the capabilities of
                                    the staff and facilities available at
                                    the hospital or the independent
                                    freestanding emergency department, as
                                    applicable, such further medical
                                    examination and treatment as are
                                    required under section 1867 of such
                                    Act, or as would be required under such
                                    section if such section applied to an
                                    independent freestanding emergency
                                    department, to stabilize the patient
                                    (regardless of the department of the
                                    hospital in which such further
                                    examination or treatment is furnished).
                                ``(ii) Inclusion of additional services.--
                                        ``(I) In general.--For purposes of
                                    this subsection and section 2799B-1 of
                                    the Public Health Service Act, in the
                                    case of a participant or beneficiary
                                    who is enrolled in a group health plan
                                    and who is furnished services described
                                    in clause (i) with respect to an
                                    emergency medical condition, the term
                                    `emergency services' shall include,
                                    unless each of the conditions described
                                    in subclause (II) are met, in addition
                                    to the items and services described in
                                    clause (i), items and services--
                                                ``(aa) for which benefits
                                            are provided or covered under
                                            the plan; and
                                                ``(bb) that are furnished
                                            by a nonparticipating provider
                                            or nonparticipating emergency
                                            facility (regardless of the
                                            department of the hospital in
                                            which such items or services
                                            are furnished) after the
                                            participant or beneficiary is
                                            stabilized and as part of
                                            outpatient observation or an
                                            inpatient or outpatient stay
                                            with respect to the visit in
                                            which the services described in
                                            clause (i) are furnished.
                                        ``(II) Conditions.--For purposes of
                                    subclause (I), the conditions described
                                    in this subclause, with respect to a
                                    participant or beneficiary who is
                                    stabilized and furnished additional
                                    items and services described in
                                    subclause (I) after such stabilization
                                    by a provider or facility described in
                                    subclause (I), are the following;
                                                ``(aa) Such provider or
                                            facility determines such
                                            individual is able to travel
                                            using nonmedical transportation
                                            or nonemergency medical
                                            transportation.
                                                ``(bb) Such provider
                                            furnishing such additional
                                            items and services satisfies
                                            the notice and consent criteria
                                            of section 2799B-2(d) with
                                            respect to such items and
                                            services.
                                                ``(cc) Such individual is
                                            in a condition to receive (as
                                            determined in accordance with
                                            guidelines issued by the
                                            Secretary pursuant to
                                            rulemaking) the information
                                            described in section 2799B-2
                                            and to provide informed consent
                                            under such section, in
                                            accordance with applicable
                                            State law.
                                                ``(dd) Such other
                                            conditions, as specified by the
                                            Secretary, such as conditions
                                            relating to coordinating care
                                            transitions to participating
                                            providers and facilities.
                        ``(D) Independent freestanding emergency
                    department.--The term `independent freestanding
                    emergency department' means a health care facility
                    that--
                                ``(i) is geographically separate and
                            distinct and licensed separately from a
                            hospital under applicable State law; and
                                ``(ii) provides any of the emergency
                            services (as defined in subparagraph (C)(i)).
                        ``(E) Qualifying payment amount.--
                                ``(i) In general.--The term `qualifying
                            payment amount' means, subject to clauses (ii)
                            and (iii), with respect to a sponsor of a group
                            health plan--
                                        ``(I) for an item or service
                                    furnished during 2022, the median of
                                    the contracted rates recognized by the
                                    plan (determined with respect to all
                                    such plans of such sponsor that are
                                    offered within the same insurance
                                    market (specified in subclause (I),
                                    (II), or (III) of clause (iv)) as the
                                    plan) as the total maximum payment
                                    (including the cost-sharing amount
                                    imposed for such item or service and
                                    the amount to be paid by the plan)
                                    under such plans on January 31, 2019
                                    for the same or a similar item or
                                    service that is provided by a provider
                                    in the same or similar specialty and
                                    provided in the geographic region in
                                    which the item or service is furnished,
                                    consistent with the methodology
                                    established by the Secretary under
                                    paragraph (2)(B), increased by the
                                    percentage increase in the consumer
                                    price index for all urban consumers
                                    (United States city average) over 2019,
                                    such percentage increase over 2020, and
                                    such percentage increase over 2021; and
                                        ``(II) for an item or service
                                    furnished during 2023 or a subsequent
                                    year, the qualifying payment amount
                                    determined under this clause for such
                                    an item or service furnished in the
                                    previous year, increased by the
                                    percentage increase in the consumer
                                    price index for all urban consumers
                                    (United States city average) over such
                                    previous year.
                                ``(ii) New plans and coverage.--The term
                            `qualifying payment amount' means, with respect
                            to a sponsor of a group health plan in a
                            geographic region in which such sponsor,
                            respectively, did not offer any group health
                            plan or health insurance coverage during 2019--
                                        ``(I) for the first year in which
                                    such group health plan is offered in
                                    such region, a rate (determined in
                                    accordance with a methodology
                                    established by the Secretary) for items
                                    and services that are covered by such
                                    plan and furnished during such first
                                    year; and
                                        ``(II) for each subsequent year
                                    such group health plan is offered in
                                    such region, the qualifying payment
                                    amount determined under this clause for
                                    such items and services furnished in
                                    the previous year, increased by the
                                    percentage increase in the consumer
                                    price index for all urban consumers
                                    (United States city average) over such
                                    previous year.
                                ``(iii) Insufficient information; newly
                            covered items and services.--In the case of a
                            sponsor of a group health plan that does not
                            have sufficient information to calculate the
                            median of the contracted rates described in
                            clause (i)(I) in 2019 (or, in the case of a
                            newly covered item or service (as defined in
                            clause (v)(III)), in the first coverage year
                            (as defined in clause (v)(I)) for such item or
                            service with respect to such plan) for an item
                            or service (including with respect to provider
                            type, or amount, of claims for items or
                            services (as determined by the Secretary)
                            provided in a particular geographic region
                            (other than in a case with respect to which
                            clause (ii) applies)) the term `qualifying
                            payment amount'--
                                        ``(I) for an item or service
                                    furnished during 2022 (or, in the case
                                    of a newly covered item or service,
                                    during the first coverage year for such
                                    item or service with respect to such
                                    plan), means such rate for such item or
                                    service determined by the sponsor
                                    through use of any database that is
                                    determined, in accordance with
                                    rulemaking described in paragraph
                                    (2)(B), to not have any conflicts of
                                    interest and to have sufficient
                                    information reflecting allowed amounts
                                    paid to a health care provider or
                                    facility for relevant services
                                    furnished in the applicable geographic
                                    region (such as a State all-payer
                                    claims database);
                                        ``(II) for an item or service
                                    furnished in a subsequent year (before
                                    the first sufficient information year
                                    (as defined in clause (v)(II)) for such
                                    item or service with respect to such
                                    plan), means the rate determined under
                                    subclause (I) or this subclause, as
                                    applicable, for such item or service
                                    for the year previous to such
                                    subsequent year, increased by the
                                    percentage increase in the consumer
                                    price index for all urban consumers
                                    (United States city average) over such
                                    previous year;
                                        ``(III) for an item or service
                                    furnished in the first sufficient
                                    information year for such item or
                                    service with respect to such plan, has
                                    the meaning given the term qualifying
                                    payment amount in clause (i)(I), except
                                    that in applying such clause to such
                                    item or service, the reference to
                                    `furnished during 2022' shall be
                                    treated as a reference to furnished
                                    during such first sufficient
                                    information year, the reference to `on
                                    January 31, 2019' shall be treated as a
                                    reference to in such sufficient
                                    information year, and the increase
                                    described in such clause shall not be
                                    applied; and
                                        ``(IV) for an item or service
                                    furnished in any year subsequent to the
                                    first sufficient information year for
                                    such item or service with respect to
                                    such plan, has the meaning given such
                                    term in clause (i)(II), except that in
                                    applying such clause to such item or
                                    service, the reference to `furnished
                                    during 2023 or a subsequent year' shall
                                    be treated as a reference to furnished
                                    during the year after such first
                                    sufficient information year or a
                                    subsequent year.
                                ``(iv) Insurance market.--For purposes of
                            clause (i)(I), a health insurance market
                            specified in this clause is one of the
                            following:
                                        ``(I) The large group market (other
                                    than plans described in subclause
                                    (III)).
                                        ``(II) The small group market
                                    (other than plans described in
                                    subclause (III)).
                                        ``(III) In the case of a self-
                                    insured group health plan, other self-
                                    insured group health plans.
                                ``(v) Definitions.--For purposes of this
                            subparagraph:
                                        ``(I) First coverage year.--The
                                    term `first coverage year' means, with
                                    respect to a group health plan and an
                                    item or service for which coverage is
                                    not offered in 2019 under such plan or
                                    coverage, the first year after 2019 for
                                    which coverage for such item or service
                                    is offered under such plan.
                                        ``(II) First sufficient information
                                    year.--The term `first sufficient
                                    information year' means, with respect
                                    to a group health plan--
                                                ``(aa) in the case of an
                                            item or service for which the
                                            plan does not have sufficient
                                            information to calculate the
                                            median of the contracted rates
                                            described in clause (i)(I) in
                                            2019, the first year subsequent
                                            to 2022 for which such sponsor
                                            has such sufficient information
                                            to calculate the median of such
                                            contracted rates in the year
                                            previous to such first
                                            subsequent year; and
                                                ``(bb) in the case of a
                                            newly covered item or service,
                                            the first year subsequent to
                                            the first coverage year for
                                            such item or service with
                                            respect to such plan for which
                                            the sponsor has sufficient
                                            information to calculate the
                                            median of the contracted rates
                                            described in clause (i)(I) in
                                            the year previous to such first
                                            subsequent year.
                                        ``(III) Newly covered item or
                                    service.--The term `newly covered item
                                    or service' means, with respect to a
                                    group health plan, an item or service
                                    for which coverage was not offered in
                                    2019 under such plan or coverage, but
                                    is offered under such plan or coverage
                                    in a year after 2019.
                        ``(F) Nonparticipating emergency facility;
                    participating emergency facility.--
                                ``(i) Nonparticipating emergency
                            facility.--The term `nonparticipating emergency
                            facility' means, with respect to an item or
                            service and a group health plan, an emergency
                            department of a hospital, or an independent
                            freestanding emergency department, that does
                            not have a contractual relationship directly or
                            indirectly with the plan for furnishing such
                            item or service under the plan.
                                ``(ii) Participating emergency facility.--
                            The term `participating emergency facility'
                            means, with respect to an item or service and a
                            group health plan, an emergency department of a
                            hospital, or an independent freestanding
                            emergency department, that has a contractual
                            relationship directly or indirectly with the
                            plan, with respect to the furnishing of such an
                            item or service at such facility.
                        ``(G) Nonparticipating providers; participating
                    providers.--
                                ``(i) Nonparticipating provider.--The term
                            `nonparticipating provider' means, with respect
                            to an item or service and a group health plan,
                            a physician or other health care provider who
                            is acting within the scope of practice of that
                            provider's license or certification under
                            applicable State law and who does not have a
                            contractual relationship with the plan or
                            issuer, respectively, for furnishing such item
                            or service under the plan.
                                ``(ii) Participating provider.--The term
                            `participating provider' means, with respect to
                            an item or service and a group health plan, a
                            physician or other health care provider who is
                            acting within the scope of practice of that
                            provider's license or certification under
                            applicable State law and who has a contractual
                            relationship with the plan for furnishing such
                            item or service under the plan.
                        ``(H) Recognized amount.--The term `recognized
                    amount' means, with respect to an item or service
                    furnished by a nonparticipating provider or
                    nonparticipating emergency facility during a year and a
                    group health plan--
                                ``(i) subject to clause (iii), in the case
                            of such item or service furnished in a State
                            that has in effect a specified State law with
                            respect to such plan; such a nonparticipating
                            provider or nonparticipating emergency
                            facility; and such an item or service, the
                            amount determined in accordance with such law;
                                ``(ii) subject to clause (iii), in the case
                            of such item or service furnished in a State
                            that does not have in effect a specified State
                            law, with respect to such plan; such a
                            nonparticipating provider or nonparticipating
                            emergency facility; and such an item or
                            service, the amount that is the qualifying
                            payment amount (as defined in subparagraph (E))
                            for such year and determined in accordance with
                            rulemaking described in paragraph (2)(B)) for
                            such item or service; or
                                ``(iii) in the case of such item or service
                            furnished in a State with an All-Payer Model
                            Agreement under section 1115A of the Social
                            Security Act, the amount that the State
                            approves under such system for such item or
                            service so furnished.
                        ``(I) Specified state law.--The term `specified
                    State law' means, with respect to a State, an item or
                    service furnished by a nonparticipating provider or
                    nonparticipating emergency facility during a year and a
                    group health plan, a State law that provides for a
                    method for determining the total amount payable under
                    such a plan (to the extent such State law applies to
                    such plan, subject to section 514) in the case of a
                    participant or beneficiary covered under such plan and
                    receiving such item or service from such a
                    nonparticipating provider or nonparticipating emergency
                    facility.
                        ``(J) Stabilize.--The term `to stabilize', with
                    respect to an emergency medical condition (as defined
                    in subparagraph (B)), has the meaning give in section
                    1867(e)(3) of the Social Security Act (42 U.S.C.
                    1395dd(e)(3)).
                        ``(K) Out-of-network rate.--The term `out-of-
                    network rate' means, with respect to an item or service
                    furnished in a State during a year to a participant or
                    beneficiary of a group health plan receiving such item
                    or service from a nonparticipating provider or
                    nonparticipating emergency facility--
                                ``(i) subject to clause (iii), in the case
                            of such item or service furnished in a State
                            that has in effect a specified State law with
                            respect to such plan; such a nonparticipating
                            provider or nonparticipating emergency
                            facility; and such an item or service, the
                            amount determined in accordance with such law;
                                ``(ii) subject to clause (iii), in the case
                            such State does not have in effect such a law
                            with respect to such item or service, plan, and
                            provider or facility--
                                        ``(I) subject to subclause (II), if
                                    the provider or facility (as
                                    applicable) and such plan or coverage
                                    agree on an amount of payment
                                    (including if such agreed on amount is
                                    the initial payment sent by the plan
                                    under subsection (a)(1)(C)(iv)(I),
                                    subsection (b)(1)(C), or section
                                    9817(a)(3)(A), as applicable, or is
                                    agreed on through open negotiations
                                    under subsection (c)(1)) with respect
                                    to such item or service, such agreed on
                                    amount; or
                                        ``(II) if such provider or facility
                                    (as applicable) and such plan or
                                    coverage enter the independent dispute
                                    resolution process under subsection (c)
                                    and do not so agree before the date on
                                    which a certified IDR entity (as
                                    defined in paragraph (4) of such
                                    subsection) makes a determination with
                                    respect to such item or service under
                                    such subsection, the amount of such
                                    determination; or
                                ``(iii) in the case such State has an All-
                            Payer Model Agreement under section 1115A of
                            the Social Security Act, the amount that the
                            State approves under such system for such item
                            or service so furnished.
                        ``(L) Cost-sharing.--The term `cost-sharing'
                    includes copayments, coinsurance, and deductibles.
        ``(b) Coverage of Non-emergency Services Performed by
    Nonparticipating Providers at Certain Participating Facilities.--
                ``(1) In general.--In the case of items or services (other
            than emergency services to which subsection (a) applies) for
            which any benefits are provided or covered by a group health
            plan furnished to a participant or beneficiary of such plan by
            a nonparticipating provider (as defined in subsection
            (a)(3)(G)(i)) (and who, with respect to such items and
            services, has not satisfied the notice and consent criteria of
            section 2799B-2(d) of the Public Health Service Act) with
            respect to a visit (as defined by the Secretary in accordance
            with paragraph (2)(B)) at a participating health care facility
            (as defined in paragraph (2)(A)), with respect to such plan,
            the plan--
                        ``(A) shall not impose on such participant or
                    beneficiary a cost-sharing requirement for such items
                    and services so furnished that is greater than the
                    cost-sharing requirement that would apply under such
                    plan had such items or services been furnished by a
                    participating provider (as defined in subsection
                    (a)(3)(G)(ii));
                        ``(B) shall calculate such cost-sharing requirement
                    as if the total amount that would have been charged for
                    such items and services by such participating provider
                    were equal to the recognized amount (as defined in
                    subsection (a)(3)(H)) for such items and services,
                    plan, and year;
                        ``(C) not later than 30 calendar days after the
                    bill for such items or services is transmitted by such
                    provider, shall send to the provider an initial payment
                    or notice of denial of payment;
                        ``(D) shall pay a total plan payment directly, in
                    accordance, if applicable, with the timing requirement
                    described in subsection (c)(6), to such provider
                    furnishing such items and services to such participant
                    or beneficiary that is, with application of any initial
                    payment under subparagraph (C), equal to the amount by
                    which the out-of-network rate (as defined in subsection
                    (a)(3)(K)) for such items and services exceeds the
                    cost-sharing amount imposed under the plan for such
                    items and services (as determined in accordance with
                    subparagraphs (A) and (B)) and year; and
                        ``(E) shall count toward any in-network deductible
                    and in-network out-of-pocket maximums (as applicable)
                    applied under the plan, any cost-sharing payments made
                    by the participant or beneficiary (and such in-network
                    deductible and out-of-pocket maximums shall be applied)
                    with respect to such items and services so furnished in
                    the same manner as if such cost-sharing payments were
                    with respect to items and services furnished by a
                    participating provider.
                ``(2) Definitions.--In this section:
                        ``(A) Participating health care facility.--
                                ``(i) In general.--The term `participating
                            health care facility' means, with respect to an
                            item or service and a group health plan, a
                            health care facility described in clause (ii)
                            that has a direct or indirect contractual
                            relationship with the plan, with respect to the
                            furnishing of such an item or service at the
                            facility.
                                ``(ii) Health care facility described.--A
                            health care facility described in this clause,
                            with respect to a group health plan or health
                            insurance coverage offered in the group or
                            individual market, is each of the following:
                                        ``(I) A hospital (as defined in
                                    1861(e) of the Social Security Act).
                                        ``(II) A hospital outpatient
                                    department.
                                        ``(III) A critical access hospital
                                    (as defined in section 1861(mm)(1) of
                                    such Act).
                                        ``(IV) An ambulatory surgical
                                    center described in section
                                    1833(i)(1)(A) of such Act.
                                        ``(V) Any other facility, specified
                                    by the Secretary, that provides items
                                    or services for which coverage is
                                    provided under the plan or coverage,
                                    respectively.
                        ``(B) Visit.--The term `visit' shall, with respect
                    to items and services furnished to an individual at a
                    health care facility, include equipment and devices,
                    telemedicine services, imaging services, laboratory
                    services, preoperative and postoperative services, and
                    such other items and services as the Secretary may
                    specify, regardless of whether or not the provider
                    furnishing such items or services is at the facility.
        ``(c) Certain Access Fees to Certain Databases.--In the case of a
    sponsor of a group health plan that, pursuant to subsection
    (a)(3)(E)(iii), uses a database described in such subsection to
    determine a rate to apply under such subsection for an item or service
    by reason of having insufficient information described in such
    subsection with respect to such item or service, such sponsor shall
    cover the cost for access to such database.''.
                (2) Transfer amendment.--Subchapter B of chapter 100 of the
            Internal Revenue Code of 1986, as amended by paragraph (1), is
            further amended by adding at the end the following:

    ``SEC. 9822. OTHER PATIENT PROTECTIONS.

        ``(a) Choice of Health Care Professional.--If a group health plan
    requires or provides for designation by a participant or beneficiary of
    a participating primary care provider, then the plan shall permit each
    participant and beneficiary to designate any participating primary care
    provider who is available to accept such individual.
        ``(b) Access to Pediatric Care.--
                ``(1) Pediatric care.--In the case of a person who has a
            child who is a participant or beneficiary under a group health
            plan if the plan requires or provides for the designation of a
            participating primary care provider for the child, the plan
            shall permit such person to designate a physician (allopathic
            or osteopathic) who specializes in pediatrics as the child's
            primary care provider if such provider participates in the
            network of the plan.
                ``(2) Construction.--Nothing in paragraph (1) shall be
            construed to waive any exclusions of coverage under the terms
            and conditions of the plan with respect to coverage of
            pediatric care.
        ``(c) Patient Access to Obstetrical and Gynecological Care.--
                ``(1) General rights.--
                        ``(A) Direct access.--A group health plan described
                    in paragraph (2) may not require authorization or
                    referral by the plan, issuer, or any person (including
                    a primary care provider described in paragraph (2)(B))
                    in the case of a female participant or beneficiary who
                    seeks coverage for obstetrical or gynecological care
                    provided by a participating health care professional
                    who specializes in obstetrics or gynecology. Such
                    professional shall agree to otherwise adhere to such
                    plan's policies and procedures, including procedures
                    regarding referrals and obtaining prior authorization
                    and providing services pursuant to a treatment plan (if
                    any) approved by the plan.
                        ``(B) Obstetrical and gynecological care.--A group
                    health plan described in paragraph (2) shall treat the
                    provision of obstetrical and gynecological care, and
                    the ordering of related obstetrical and gynecological
                    items and services, pursuant to the direct access
                    described under subparagraph (A), by a participating
                    health care professional who specializes in obstetrics
                    or gynecology as the authorization of the primary care
                    provider.
                ``(2) Application of paragraph.--A group health plan
            described in this paragraph is a group health plan that--
                        ``(A) provides coverage for obstetric or
                    gynecologic care; and
                        ``(B) requires the designation by a participant or
                    beneficiary of a participating primary care provider.
                ``(3) Construction.--Nothing in paragraph (1) shall be
            construed to--
                        ``(A) waive any exclusions of coverage under the
                    terms and conditions of the plan with respect to
                    coverage of obstetrical or gynecological care; or
                        ``(B) preclude the group health plan involved from
                    requiring that the obstetrical or gynecological
                    provider notify the primary care health care
                    professional or the plan or issuer of treatment
                    decisions.''.
                (3) Clerical amendment.--The table of sections for
            subchapter B of chapter 100 of the Internal Revenue Code of
            1986 is amended by adding at the end the following new item:

    ``Sec. 9815. Additional market reforms.
    ``Sec. 9816. Preventing surprise medical bills.
    ``Sec. 9822. Other patient protections.''.
                (4) Conforming amendments.--
                        (A) In general.--Section 223(c) of the Internal
                    Revenue Code of 1986 is amended--
                                (i) in paragraph (1), by adding at the end
                            the following:
                        ``(D) Special rule for individuals receiving
                    benefits subject to surprise billing statutes.--An
                    individual shall not fail to be treated as an eligible
                    individual for any period merely because the individual
                    receives benefits for medical care subject to and in
                    accordance with section 9816 or 9817, section 2799A-1
                    or 2799A-2 of the Public Health Service Act, or section
                    716 or 717 of the Employee Retirement Income Security
                    Act of 1974, or any State law providing similar
                    protections to such individual.''; and
                                (ii) in paragraph (2), by adding at the end
                            the following:
                        ``(F) Special rule for surprise billing.--A plan
                    shall not fail to be treated as a high deductible
                    health plan by reason of providing benefits for medical
                    care in accordance with section 9816 or 9817, section
                    2799A-1 or 2799A-2 of the Public Health Service Act, or
                    section 716 or 717 of the Employee Retirement Income
                    Security Act of 1974, or any State law providing
                    similar protections to individuals, prior to the
                    satisfaction of the deductible under paragraph
                    (2)(A)(i).''.
                        (B) Effective date.--The amendments made by
                    subparagraph (A) shall apply for plan years beginning
                    on or after January 1, 2022.
        (d) Additional Application Provisions.--
                (1) Application to fehb.--Section 8902 of title 5, United
            States Code, is amended by adding at the end the following new
            subsection:
        ``(p) Each contract under this chapter shall require the carrier to
    comply with requirements described in the provisions of sections 2799A-
    1, 2799A-2, and 2799A-7 of the Public Health Service Act, sections 716,
    717, and 722 of the Employee Retirement Income Security Act of 1974,
    and sections 9816, 9817, and 9822 of the Internal Revenue Code of 1986
    (as applicable) in the same manner as such provisions apply to a group
    health plan or health insurance issuer offering group or individual
    health insurance coverage, as described in such sections. The
    provisions of sections 2799B-1, 2799B-2, 2799B-3, and 2799B-5 of the
    Public Health Service Act shall apply to a health care provider and
    facility and an air ambulance provider described in such respective
    sections with respect to an enrollee in a health benefits plan under
    this chapter in the same manner as such provisions apply to such a
    provider and facility with respect to an enrollee in a group health
    plan or group or individual health insurance coverage offered by a
    health insurance issuer, as described in such sections.''.
                (2) Application to grandfathered plans.--Section 1251(a) of
            the Patient Protection and Affordable Care Act (42 U.S.C.
            18011(a)) is amended by adding at the end the following:
                ``(5) Application of additional provisions.--Sections
            2799A-1, 2799A-2, and 2799A-7 of the Public Health Service Act
            shall apply to grandfathered health plans for plan years
            beginning on or after January 1, 2022.''.
                (3) Rule of construction.--Nothing in this title, including
            the amendments made by this title may be construed as
            modifying, reducing, or eliminating--
                        (A) the protections under section 222 of the Indian
                    Health Care Improvement Act (25 U.S.C. 1621u) and under
                    subpart I of part 136 of title 42, Code of Federal
                    Regulations (or any successor regulation), against
                    payment liability for a patient who receives contract
                    health services that are authorized by the Indian
                    Health Service; or
                        (B) the requirements under section 1866(a)(1)(U) of
                    the Social Security Act (42 U.S.C. 1395cc(a)(1)(U)).
        (e) Effective Date.--The amendments made by this section shall
    apply with respect to plan years (or, in the case of the amendment made
    by subsection (d)(1), with respect to contracts entered into or renewed
    for contract years) beginning on or after January 1, 2022.

    SEC. 103. DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID BY HEALTH
                  PLANS; INDEPENDENT DISPUTE RESOLUTION PROCESS.

        (a) PHSA.--Section 2799A-1, as added by section 102, is amended--
                (1) by redesignating subsection (c) as subsection (d); and
                (2) by inserting after subsection (b) the following new
            subsection:
        ``(c) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
                ``(1) Determination through open negotiation.--
                        ``(A) In general.--With respect to an item or
                    service furnished in a year by a nonparticipating
                    provider or a nonparticipating facility, with respect
                    to a group health plan or health insurance issuer
                    offering group or individual health insurance coverage,
                    in a State described in subsection (a)(3)(K)(ii) with
                    respect to such plan or coverage and provider or
                    facility, and for which a payment is required to be
                    made by the plan or coverage pursuant to subsection
                    (a)(1) or (b)(1), the provider or facility (as
                    applicable) or plan or coverage may, during the 30-day
                    period beginning on the day the provider or facility
                    receives an initial payment or a notice of denial of
                    payment from the plan or coverage regarding a claim for
                    payment for such item or service, initiate open
                    negotiations under this paragraph between such provider
                    or facility and plan or coverage for purposes of
                    determining, during the open negotiation period, an
                    amount agreed on by such provider or facility,
                    respectively, and such plan or coverage for payment
                    (including any cost-sharing) for such item or service.
                    For purposes of this subsection, the open negotiation
                    period, with respect to an item or service, is the 30-
                    day period beginning on the date of initiation of the
                    negotiations with respect to such item or service.
                        ``(B) Accessing independent dispute resolution
                    process in case of failed negotiations.--In the case of
                    open negotiations pursuant to subparagraph (A), with
                    respect to an item or service, that do not result in a
                    determination of an amount of payment for such item or
                    service by the last day of the open negotiation period
                    described in such subparagraph with respect to such
                    item or service, the provider or facility (as
                    applicable) or group health plan or health insurance
                    issuer offering group or individual health insurance
                    coverage that was party to such negotiations may,
                    during the 4-day period beginning on the day after such
                    open negotiation period, initiate the independent
                    dispute resolution process under paragraph (2) with
                    respect to such item or service. The independent
                    dispute resolution process shall be initiated by a
                    party pursuant to the previous sentence by submission
                    to the other party and to the Secretary of a
                    notification (containing such information as specified
                    by the Secretary) and for purposes of this subsection,
                    the date of initiation of such process shall be the
                    date of such submission or such other date specified by
                    the Secretary pursuant to regulations that is not later
                    than the date of receipt of such notification by both
                    the other party and the Secretary.
                ``(2) Independent dispute resolution process available in
            case of failed open negotiations.--
                        ``(A) Establishment.--Not later than 1 year after
                    the date of the enactment of this subsection, the
                    Secretary, jointly with the Secretary of Labor and the
                    Secretary of the Treasury, shall establish by
                    regulation one independent dispute resolution process
                    (referred to in this subsection as the `IDR process')
                    under which, in the case of an item or service with
                    respect to which a provider or facility (as applicable)
                    or group health plan or health insurance issuer
                    offering group or individual health insurance coverage
                    submits a notification under paragraph (1)(B) (in this
                    subsection referred to as a `qualified IDR item or
                    service'), a certified IDR entity under paragraph (4)
                    determines, subject to subparagraph (B) and in
                    accordance with the succeeding provisions of this
                    subsection, the amount of payment under the plan or
                    coverage for such item or service furnished by such
                    provider or facility.
                        ``(B) Authority to continue negotiations.--Under
                    the independent dispute resolution process, in the case
                    that the parties to a determination for a qualified IDR
                    item or service agree on a payment amount for such item
                    or service during such process but before the date on
                    which the entity selected with respect to such
                    determination under paragraph (4) makes such
                    determination under paragraph (5), such amount shall be
                    treated for purposes of subsection (a)(3)(K)(ii) as the
                    amount agreed to by such parties for such item or
                    service. In the case of an agreement described in the
                    previous sentence, the independent dispute resolution
                    process shall provide for a method to determine how to
                    allocate between the parties to such determination the
                    payment of the compensation of the entity selected with
                    respect to such determination.
                        ``(C) Clarification.--A nonparticipating provider
                    may not, with respect to an item or service furnished
                    by such provider, submit a notification under paragraph
                    (1)(B) if such provider is exempt from the requirement
                    under subsection (a) of section 2799B-2 with respect to
                    such item or service pursuant to subsection (b) of such
                    section.
                ``(3) Treatment of batching of items and services.--
                        ``(A) In general.--Under the IDR process, the
                    Secretary shall specify criteria under which multiple
                    qualified IDR dispute items and services are permitted
                    to be considered jointly as part of a single
                    determination by an entity for purposes of encouraging
                    the efficiency (including minimizing costs) of the IDR
                    process. Such items and services may be so considered
                    only if--
                                ``(i) such items and services to be
                            included in such determination are furnished by
                            the same provider or facility;
                                ``(ii) payment for such items and services
                            is required to be made by the same group health
                            plan or health insurance issuer;
                                ``(iii) such items and services are related
                            to the treatment of a similar condition; and
                                ``(iv) such items and services were
                            furnished during the 30 day period following
                            the date on which the first item or service
                            included with respect to such determination was
                            furnished or an alternative period as
                            determined by the Secretary, for use in limited
                            situations, such as by the consent of the
                            parties or in the case of low-volume items and
                            services, to encourage procedural efficiency
                            and minimize health plan and provider
                            administrative costs.
                        ``(B) Treatment of bundled payments.--In carrying
                    out subparagraph (A), the Secretary shall provide that,
                    in the case of items and services which are included by
                    a provider or facility as part of a bundled payment,
                    such items and services included in such bundled
                    payment may be part of a single determination under
                    this subsection.
                ``(4) Certification and selection of idr entities.--
                        ``(A) In general.--The Secretary, in consultation
                    with the Secretary of Labor and Secretary of the
                    Treasury, shall establish a process to certify
                    (including to recertify) entities under this paragraph.
                    Such process shall ensure that an entity so certified--
                                ``(i) has (directly or through contracts or
                            other arrangements) sufficient medical, legal,
                            and other expertise and sufficient staffing to
                            make determinations described in paragraph (5)
                            on a timely basis;
                                ``(ii) is not--
                                        ``(I) a group health plan or health
                                    insurance issuer offering group or
                                    individual health insurance coverage,
                                    provider, or facility;
                                        ``(II) an affiliate or a subsidiary
                                    of such a group health plan or health
                                    insurance issuer, provider, or
                                    facility; or
                                        ``(III) an affiliate or subsidiary
                                    of a professional or trade association
                                    of such group health plans or health
                                    insurance issuers or of providers or
                                    facilities;
                                ``(iii) carries out the responsibilities of
                            such an entity in accordance with this
                            subsection;
                                ``(iv) meets appropriate indicators of
                            fiscal integrity;
                                ``(v) maintains the confidentiality (in
                            accordance with regulations promulgated by the
                            Secretary) of individually identifiable health
                            information obtained in the course of
                            conducting such determinations;
                                ``(vi) does not under the IDR process carry
                            out any determination with respect to which the
                            entity would not pursuant to subclause (I),
                            (II), or (III) of subparagraph (F)(i) be
                            eligible for selection; and
                                ``(vii) meets such other requirements as
                            determined appropriate by the Secretary.
                        ``(B) Period of certification.--Subject to
                    subparagraph (C), each certification (including a
                    recertification) of an entity under the process
                    described in subparagraph (A) shall be for a 5-year
                    period.
                        ``(C) Revocation.--A certification of an entity
                    under this paragraph may be revoked under the process
                    described in subparagraph (A) if the entity has a
                    pattern or practice of noncompliance with any of the
                    requirements described in such subparagraph.
                        ``(D) Petition for denial or withdrawal.--The
                    process described in subparagraph (A) shall ensure that
                    an individual, provider, facility, or group health plan
                    or health insurance issuer offering group or individual
                    health insurance coverage may petition for a denial of
                    a certification or a revocation of a certification with
                    respect to an entity under this paragraph for failure
                    of meeting a requirement of this subsection.
                        ``(E) Sufficient number of entities.--The process
                    described in subparagraph (A) shall ensure that a
                    sufficient number of entities are certified under this
                    paragraph to ensure the timely and efficient provision
                    of determinations described in paragraph (5).
                        ``(F) Selection of certified idr entity.--The
                    Secretary shall, with respect to the determination of
                    the amount of payment under this subsection of an item
                    or service, provide for a method--
                                ``(i) that allows for the group health plan
                            or health insurance issuer offering group or
                            individual health insurance coverage and the
                            nonparticipating provider or the
                            nonparticipating emergency facility (as
                            applicable) involved in a notification under
                            paragraph (1)(B) to jointly select, not later
                            than the last day of the 3-business day period
                            following the date of the initiation of the
                            process with respect to such item or service,
                            for purposes of making such determination, an
                            entity certified under this paragraph that--
                                        ``(I) is not a party to such
                                    determination or an employee or agent
                                    of such a party;
                                        ``(II) does not have a material
                                    familial, financial, or professional
                                    relationship with such a party; and
                                        ``(III) does not otherwise have a
                                    conflict of interest with such a party
                                    (as determined by the Secretary); and
                                ``(ii) that requires, in the case such
                            parties do not make such selection by such last
                            day, the Secretary to, not later than 6
                            business days after such date of initiation--
                                        ``(I) select such an entity that
                                    satisfies subclauses (I) through (III)
                                    of clause (i)); and
                                        ``(II) provide notification of such
                                    selection to the provider or facility
                                    (as applicable) and the plan or issuer
                                    (as applicable) party to such
                                    determination.
    An entity selected pursuant to the previous sentence to make a
    determination described in such sentence shall be referred to in this
    subsection as the `certified IDR entity' with respect to such
    determination.
                ``(5) Payment determination.--
                        ``(A) In general.--Not later than 30 days after the
                    date of selection of the certified IDR entity with
                    respect to a determination for a qualified IDR item or
                    service, the certified IDR entity shall--
                                ``(i) taking into account the
                            considerations specified in subparagraph (C),
                            select one of the offers submitted under
                            subparagraph (B) to be the amount of payment
                            for such item or service determined under this
                            subsection for purposes of subsection (a)(1) or
                            (b)(1), as applicable; and
                                ``(ii) notify the provider or facility and
                            the group health plan or health insurance
                            issuer offering group or individual health
                            insurance coverage party to such determination
                            of the offer selected under clause (i).
                        ``(B) Submission of offers.--Not later than 10 days
                    after the date of selection of the certified IDR entity
                    with respect to a determination for a qualified IDR
                    item or service, the provider or facility and the group
                    health plan or health insurance issuer offering group
                    or individual health insurance coverage party to such
                    determination--
                                ``(i) shall each submit to the certified
                            IDR entity with respect to such determination--
                                        ``(I) an offer for a payment amount
                                    for such item or service furnished by
                                    such provider or facility; and
                                        ``(II) such information as
                                    requested by the certified IDR entity
                                    relating to such offer; and
                                ``(ii) may each submit to the certified IDR
                            entity with respect to such determination any
                            information relating to such offer submitted by
                            either party, including information relating to
                            any circumstance described in subparagraph
                            (C)(ii).
                        ``(C) Considerations in determination.--
                                ``(i) In general.--In determining which
                            offer is the payment to be applied pursuant to
                            this paragraph, the certified IDR entity, with
                            respect to the determination for a qualified
                            IDR item or service shall consider--
                                        ``(I) the qualifying payment
                                    amounts (as defined in subsection
                                    (a)(3)(E)) for the applicable year for
                                    items or services that are comparable
                                    to the qualified IDR item or service
                                    and that are furnished in the same
                                    geographic region (as defined by the
                                    Secretary for purposes of such
                                    subsection) as such qualified IDR item
                                    or service; and
                                        ``(II) subject to subparagraph (D),
                                    information on any circumstance
                                    described in clause (ii), such
                                    information as requested in
                                    subparagraph (B)(i)(II), and any
                                    additional information provided in
                                    subparagraph (B)(ii).
                                ``(ii) Additional circumstances.--For
                            purposes of clause (i)(II), the circumstances
                            described in this clause are, with respect to a
                            qualified IDR item or service of a
                            nonparticipating provider, nonparticipating
                            emergency facility, group health plan, or
                            health insurance issuer of group or individual
                            health insurance coverage the following:
                                        ``(I) The level of training,
                                    experience, and quality and outcomes
                                    measurements of the provider or
                                    facility that furnished such item or
                                    service (such as those endorsed by the
                                    consensus-based entity authorized in
                                    section 1890 of the Social Security
                                    Act).
                                        ``(II) The market share held by the
                                    nonparticipating provider or facility
                                    or that of the plan or issuer in the
                                    geographic region in which the item or
                                    service was provided.
                                        ``(III) The acuity of the
                                    individual receiving such item or
                                    service or the complexity of furnishing
                                    such item or service to such
                                    individual.
                                        ``(IV) The teaching status, case
                                    mix, and scope of services of the
                                    nonparticipating facility that
                                    furnished such item or service.
                                        ``(V) Demonstrations of good faith
                                    efforts (or lack of good faith efforts)
                                    made by the nonparticipating provider
                                    or nonparticipating facility or the
                                    plan or issuer to enter into network
                                    agreements and, if applicable,
                                    contracted rates between the provider
                                    or facility, as applicable, and the
                                    plan or issuer, as applicable, during
                                    the previous 4 plan years.
                        ``(D) Prohibition on consideration of certain
                    factors.--In determining which offer is the payment to
                    be applied with respect to qualified IDR items and
                    services furnished by a provider or facility, the
                    certified IDR entity with respect to a determination
                    shall not consider usual and customary charges, the
                    amount that would have been billed by such provider or
                    facility with respect to such items and services had
                    the provisions of section 2799B-1 or 2799B-2 (as
                    applicable) not applied, or the payment or
                    reimbursement rate for such items and services
                    furnished by such provider or facility payable by a
                    public payor, including under the Medicare program
                    under title XVIII of the Social Security Act, under the
                    Medicaid program under title XIX of such Act, under the
                    Children's Health Insurance Program under title XXI of
                    such Act, under the TRICARE program under chapter 55 of
                    title 10, United States Code, or under chapter 17 of
                    title 38, United States Code.
                        ``(E) Effects of determination.--
                                ``(i) In general.--A determination of a
                            certified IDR entity under subparagraph (A)--
                                        ``(I) shall be binding upon the
                                    parties involved, in the absence of a
                                    fraudulent claim or evidence of
                                    misrepresentation of facts presented to
                                    the IDR entity involved regarding such
                                    claim; and
                                        ``(II) shall not be subject to
                                    judicial review, except in a case
                                    described in any of paragraphs (1)
                                    through (4) of section 10(a) of title
                                    9, United States Code.
                                ``(ii) Suspension of certain subsequent idr
                            requests.--In the case of a determination of a
                            certified IDR entity under subparagraph (A),
                            with respect to an initial notification
                            submitted under paragraph (1)(B) with respect
                            to qualified IDR items and services and the two
                            parties involved with such notification, the
                            party that submitted such notification may not
                            submit during the 90-day period following such
                            determination a subsequent notification under
                            such paragraph involving the same other party
                            to such notification with respect to such an
                            item or service that was the subject of such
                            initial notification.
                                ``(iii) Subsequent submission of requests
                            permitted.--In the case of a notification that
                            pursuant to clause (ii) is not permitted to be
                            submitted under paragraph (1)(B) during a 90-
                            day period specified in such clause, if the end
                            of the open negotiation period specified in
                            paragraph (1)(A), that but for this clause
                            would otherwise apply with respect to such
                            notification, occurs during such 90-day period,
                            such paragraph (1)(B) shall be applied as if
                            the reference in such paragraph to the 4-day
                            period beginning on the day after such open
                            negotiation period were instead a reference to
                            the 30-day period beginning on the day after
                            the last day of such 90-day period.
                                ``(iv) Reports.--The Secretary, jointly
                            with the Secretary of Labor and the Secretary
                            of the Treasury, shall examine the impact of
                            the application of clause (ii) and whether the
                            application of such clause delays payment
                            determinations or impacts early, alternative
                            resolution of claims (such as through open
                            negotiations), and shall submit to Congress,
                            not later than 2 years after the date of
                            implementation of such clause an interim report
                            (and not later than 4 years after such date of
                            implementation, a final report) on whether any
                            group health plans or health insurance issuers
                            offering group or individual health insurance
                            coverage or types of such plans or coverage
                            have a pattern or practice of routine denial,
                            low payment, or down-coding of claims, or
                            otherwise abuse the 90-day period described in
                            such clause, including recommendations on ways
                            to discourage such a pattern or practice.
                        ``(F) Costs of independent dispute resolution
                    process.--In the case of a notification under paragraph
                    (1)(B) submitted by a nonparticipating provider,
                    nonparticipating emergency facility, group health plan,
                    or health insurance issuer offering group or individual
                    health insurance coverage and submitted to a certified
                    IDR entity--
                                ``(i) if such entity makes a determination
                            with respect to such notification under
                            subparagraph (A), the party whose offer is not
                            chosen under such subparagraph shall be
                            responsible for paying all fees charged by such
                            entity; and
                                ``(ii) if the parties reach a settlement
                            with respect to such notification prior to such
                            a determination, each party shall pay half of
                            all fees charged by such entity, unless the
                            parties otherwise agree.
                ``(6) Timing of payment.--The total plan or coverage
            payment required pursuant to subsection (a)(1) or (b)(1), with
            respect to a qualified IDR item or service for which a
            determination is made under paragraph (5)(A) or with respect to
            an item or service for which a payment amount is determined
            under open negotiations under paragraph (1), shall be made
            directly to the nonparticipating provider or facility not later
            than 30 days after the date on which such determination is
            made.
                ``(7) Publication of information relating to the idr
            process.--
                        ``(A) Publication of information.--For each
                    calendar quarter in 2022 and each calendar quarter in a
                    subsequent year, the Secretary shall make available on
                    the public website of the Department of Health and
                    Human Services--
                                ``(i) the number of notifications submitted
                            under paragraph (1)(B) during such calendar
                            quarter;
                                ``(ii) the size of the provider practices
                            and the size of the facilities submitting
                            notifications under paragraph (1)(B) during
                            such calendar quarter;
                                ``(iii) the number of such notifications
                            with respect to which a determination was made
                            under paragraph (5)(A);
                                ``(iv) the information described in
                            subparagraph (B) with respect to each
                            notification with respect to which such a
                            determination was so made;
                                ``(v) the number of times the payment
                            amount determined (or agreed to) under this
                            subsection exceeds the qualifying payment
                            amount, specified by items and services;
                                ``(vi) the amount of expenditures made by
                            the Secretary during such calendar quarter to
                            carry out the IDR process;
                                ``(vii) the total amount of fees paid under
                            paragraph (8) during such calendar quarter; and
                                ``(viii) the total amount of compensation
                            paid to certified IDR entities under paragraph
                            (5)(F) during such calendar quarter.
                        ``(B) Information.--For purposes of subparagraph
                    (A), the information described in this subparagraph is,
                    with respect to a notification under paragraph (1)(B)
                    by a nonparticipating provider, nonparticipating
                    emergency facility, group health plan, or health
                    insurance issuer offering group or individual health
                    insurance coverage--
                                ``(i) a description of each item and
                            service included with respect to such
                            notification;
                                ``(ii) the geography in which the items and
                            services with respect to such notification were
                            provided;
                                ``(iii) the amount of the offer submitted
                            under paragraph (5)(B) by the group health plan
                            or health insurance issuer (as applicable) and
                            by the nonparticipating provider or
                            nonparticipating emergency facility (as
                            applicable) expressed as a percentage of the
                            qualifying payment amount;
                                ``(iv) whether the offer selected by the
                            certified IDR entity under paragraph (5) to be
                            the payment applied was the offer submitted by
                            such plan or issuer (as applicable) or by such
                            provider or facility (as applicable) and the
                            amount of such offer so selected expressed as a
                            percentage of the qualifying payment amount;
                                ``(v) the category and practice specialty
                            of each such provider or facility involved in
                            furnishing such items and services;
                                ``(vi) the identity of the health plan or
                            health insurance issuer, provider, or facility,
                            with respect to the notification;
                                ``(vii) the length of time in making each
                            determination;
                                ``(viii) the compensation paid to the
                            certified IDR entity with respect to the
                            settlement or determination; and
                                ``(ix) any other information specified by
                            the Secretary.
                        ``(C) IDR entity requirements.--For 2022 and each
                    subsequent year, an IDR entity, as a condition of
                    certification as an IDR entity, shall submit to the
                    Secretary such information as the Secretary determines
                    necessary to carry out the provisions of this
                    subsection.
                        ``(D) Clarification.--The Secretary shall ensure
                    the public reporting under this paragraph does not
                    contain information that would disclose privileged or
                    confidential information of a group health plan or
                    health insurance issuer offering group or individual
                    health insurance coverage or of a provider or facility.
                ``(8) Administrative fee.--
                        ``(A) In general.--Each party to a determination
                    under paragraph (5) to which an entity is selected
                    under paragraph (3) in a year shall pay to the
                    Secretary, at such time and in such manner as specified
                    by the Secretary, a fee for participating in the IDR
                    process with respect to such determination in an amount
                    described in subparagraph (B) for such year.
                        ``(B) Amount of fee.--The amount described in this
                    subparagraph for a year is an amount established by the
                    Secretary in a manner such that the total amount of
                    fees paid under this paragraph for such year is
                    estimated to be equal to the amount of expenditures
                    estimated to be made by the Secretary for such year in
                    carrying out the IDR process.
                ``(9) Waiver authority.--The Secretary may modify any
            deadline or other timing requirement specified under this
            subsection (other than the establishment date for the IDR
            process under paragraph (2)(A) and other than under paragraph
            (6)) in cases of extenuating circumstances, as specified by the
            Secretary, or to ensure that all claims that occur during a 90-
            day period described in paragraph (5)(E)(ii), but with respect
            to which a notification is not permitted by reason of such
            paragraph to be submitted under paragraph (1)(B) during such
            period, are eligible for the IDR process.''.
        (b) ERISA.--Section 716 of the Employee Retirement Income Security
    Act of 1974, as added by section 102, is amended--
                (1) by redesignating subsection (c) as subsection (d); and
                (2) by inserting after subsection (b) the following new
            subsection:
        ``(c) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
                ``(1) Determination through open negotiation.--
                        ``(A) In general.--With respect to an item or
                    service furnished in a year by a nonparticipating
                    provider or a nonparticipating facility, with respect
                    to a group health plan or health insurance issuer
                    offering group health insurance coverage, in a State
                    described in subsection (a)(3)(K)(ii) with respect to
                    such plan or coverage and provider or facility, and for
                    which a payment is required to be made by the plan or
                    coverage pursuant to subsection (a)(1) or (b)(1), the
                    provider or facility (as applicable) or plan or
                    coverage may, during the 30-day period beginning on the
                    day the provider or facility receives an initial
                    payment or a notice of denial of payment from the plan
                    or coverage regarding a claim for payment for such item
                    or service, initiate open negotiations under this
                    paragraph between such provider or facility and plan or
                    coverage for purposes of determining, during the open
                    negotiation period, an amount agreed on by such
                    provider or facility, respectively, and such plan or
                    coverage for payment (including any cost-sharing) for
                    such item or service. For purposes of this subsection,
                    the open negotiation period, with respect to an item or
                    service, is the 30-day period beginning on the date of
                    initiation of the negotiations with respect to such
                    item or service.
                        ``(B) Accessing independent dispute resolution
                    process in case of failed negotiations.--In the case of
                    open negotiations pursuant to subparagraph (A), with
                    respect to an item or service, that do not result in a
                    determination of an amount of payment for such item or
                    service by the last day of the open negotiation period
                    described in such subparagraph with respect to such
                    item or service, the provider or facility (as
                    applicable) or group health plan or health insurance
                    issuer offering group health insurance coverage that
                    was party to such negotiations may, during the 4-day
                    period beginning on the day after such open negotiation
                    period, initiate the independent dispute resolution
                    process under paragraph (2) with respect to such item
                    or service. The independent dispute resolution process
                    shall be initiated by a party pursuant to the previous
                    sentence by submission to the other party and to the
                    Secretary of a notification (containing such
                    information as specified by the Secretary) and for
                    purposes of this subsection, the date of initiation of
                    such process shall be the date of such submission or
                    such other date specified by the Secretary pursuant to
                    regulations that is not later than the date of receipt
                    of such notification by both the other party and the
                    Secretary.
                ``(2) Independent dispute resolution process available in
            case of failed open negotiations.--
                        ``(A) Establishment.--Not later than 1 year after
                    the date of the enactment of this subsection, the
                    Secretary, jointly with the Secretary of Health and
                    Human Services and the Secretary of the Treasury, shall
                    establish by regulation one independent dispute
                    resolution process (referred to in this subsection as
                    the `IDR process') under which, in the case of an item
                    or service with respect to which a provider or facility
                    (as applicable) or group health plan or health
                    insurance issuer offering group health insurance
                    coverage submits a notification under paragraph (1)(B)
                    (in this subsection referred to as a `qualified IDR
                    item or service'), a certified IDR entity under
                    paragraph (4) determines, subject to subparagraph (B)
                    and in accordance with the succeeding provisions of
                    this subsection, the amount of payment under the plan
                    or coverage for such item or service furnished by such
                    provider or facility.
                        ``(B) Authority to continue negotiations.--Under
                    the independent dispute resolution process, in the case
                    that the parties to a determination for a qualified IDR
                    item or service agree on a payment amount for such item
                    or service during such process but before the date on
                    which the entity selected with respect to such
                    determination under paragraph (4) makes such
                    determination under paragraph (5), such amount shall be
                    treated for purposes of subsection (a)(3)(K)(ii) as the
                    amount agreed to by such parties for such item or
                    service. In the case of an agreement described in the
                    previous sentence, the independent dispute resolution
                    process shall provide for a method to determine how to
                    allocate between the parties to such determination the
                    payment of the compensation of the entity selected with
                    respect to such determination.
                        ``(C) Clarification.--A nonparticipating provider
                    may not, with respect to an item or service furnished
                    by such provider, submit a notification under paragraph
                    (1)(B) if such provider is exempt from the requirement
                    under subsection (a) of section 2799B-2 of the Public
                    Health Service Act with respect to such item or service
                    pursuant to subsection (b) of such section.
                ``(3) Treatment of batching of items and services.--
                        ``(A) In general.--Under the IDR process, the
                    Secretary shall specify criteria under which multiple
                    qualified IDR dispute items and services are permitted
                    to be considered jointly as part of a single
                    determination by an entity for purposes of encouraging
                    the efficiency (including minimizing costs) of the IDR
                    process. Such items and services may be so considered
                    only if--
                                ``(i) such items and services to be
                            included in such determination are furnished by
                            the same provider or facility;
                                ``(ii) payment for such items and services
                            is required to be made by the same group health
                            plan or health insurance issuer;
                                ``(iii) such items and services are related
                            to the treatment of a similar condition; and
                                ``(iv) such items and services were
                            furnished during the 30 day period following
                            the date on which the first item or service
                            included with respect to such determination was
                            furnished or an alternative period as
                            determined by the Secretary, for use in limited
                            situations, such as by the consent of the
                            parties or in the case of low-volume items and
                            services, to encourage procedural efficiency
                            and minimize health plan and provider
                            administrative costs.
                        ``(B) Treatment of bundled payments.--In carrying
                    out subparagraph (A), the Secretary shall provide that,
                    in the case of items and services which are included by
                    a provider or facility as part of a bundled payment,
                    such items and services included in such bundled
                    payment may be part of a single determination under
                    this subsection.
                ``(4) Certification and selection of idr entities.--
                        ``(A) In general.--The Secretary, jointly with the
                    Secretary of Health and Human Services and Secretary of
                    the Treasury, shall establish a process to certify
                    (including to recertify) entities under this paragraph.
                    Such process shall ensure that an entity so certified--
                                ``(i) has (directly or through contracts or
                            other arrangements) sufficient medical, legal,
                            and other expertise and sufficient staffing to
                            make determinations described in paragraph (5)
                            on a timely basis;
                                ``(ii) is not--
                                        ``(I) a group health plan or health
                                    insurance issuer offering group health
                                    insurance coverage, provider, or
                                    facility;
                                        ``(II) an affiliate or a subsidiary
                                    of such a group health plan or health
                                    insurance issuer, provider, or
                                    facility; or
                                        ``(III) an affiliate or subsidiary
                                    of a professional or trade association
                                    of such group health plans or health
                                    insurance issuers or of providers or
                                    facilities;
                                ``(iii) carries out the responsibilities of
                            such an entity in accordance with this
                            subsection;
                                ``(iv) meets appropriate indicators of
                            fiscal integrity;
                                ``(v) maintains the confidentiality (in
                            accordance with regulations promulgated by the
                            Secretary) of individually identifiable health
                            information obtained in the course of
                            conducting such determinations;
                                ``(vi) does not under the IDR process carry
                            out any determination with respect to which the
                            entity would not pursuant to subclause (I),
                            (II), or (III) of subparagraph (F)(i) be
                            eligible for selection; and
                                ``(vii) meets such other requirements as
                            determined appropriate by the Secretary.
                        ``(B) Period of certification.--Subject to
                    subparagraph (C), each certification (including a
                    recertification) of an entity under the process
                    described in subparagraph (A) shall be for a 5-year
                    period.
                        ``(C) Revocation.--A certification of an entity
                    under this paragraph may be revoked under the process
                    described in subparagraph (A) if the entity has a
                    pattern or practice of noncompliance with any of the
                    requirements described in such subparagraph.
                        ``(D) Petition for denial or withdrawal.--The
                    process described in subparagraph (A) shall ensure that
                    an individual, provider, facility, or group health plan
                    or health insurance issuer offering group health
                    insurance coverage may petition for a denial of a
                    certification or a revocation of a certification with
                    respect to an entity under this paragraph for failure
                    of meeting a requirement of this subsection.
                        ``(E) Sufficient number of entities.--The process
                    described in subparagraph (A) shall ensure that a
                    sufficient number of entities are certified under this
                    paragraph to ensure the timely and efficient provision
                    of determinations described in paragraph (5).
                        ``(F) Selection of certified idr entity.--The
                    Secretary shall, with respect to the determination of
                    the amount of payment under this subsection of an item
                    or service, provide for a method--
                                ``(i) that allows for the group health plan
                            or health insurance issuer offering group
                            health insurance coverage and the
                            nonparticipating provider or the
                            nonparticipating emergency facility (as
                            applicable) involved in a notification under
                            paragraph (1)(B) to jointly select, not later
                            than the last day of the 3-business day period
                            following the date of the initiation of the
                            process with respect to such item or service,
                            for purposes of making such determination, an
                            entity certified under this paragraph that--
                                        ``(I) is not a party to such
                                    determination or an employee or agent
                                    of such a party;
                                        ``(II) does not have a material
                                    familial, financial, or professional
                                    relationship with such a party; and
                                        ``(III) does not otherwise have a
                                    conflict of interest with such a party
                                    (as determined by the Secretary); and
                                ``(ii) that requires, in the case such
                            parties do not make such selection by such last
                            day, the Secretary to, not later than 6
                            business days after such date of initiation--
                                        ``(I) select such an entity that
                                    satisfies subclauses (I) through (III)
                                    of clause (i)); and
                                        ``(II) provide notification of such
                                    selection to the provider or facility
                                    (as applicable) and the plan or issuer
                                    (as applicable) party to such
                                    determination.
    An entity selected pursuant to the previous sentence to make a
    determination described in such sentence shall be referred to in this
    subsection as the `certified IDR entity' with respect to such
    determination.
                ``(5) Payment determination.--
                        ``(A) In general.--Not later than 30 days after the
                    date of selection of the certified IDR entity with
                    respect to a determination for a qualified IDR item or
                    service, the certified IDR entity shall--
                                ``(i) taking into account the
                            considerations specified in subparagraph (C),
                            select one of the offers submitted under
                            subparagraph (B) to be the amount of payment
                            for such item or service determined under this
                            subsection for purposes of subsection (a)(1) or
                            (b)(1), as applicable; and
                                ``(ii) notify the provider or facility and
                            the group health plan or health insurance
                            issuer offering group health insurance coverage
                            party to such determination of the offer
                            selected under clause (i).
                        ``(B) Submission of offers.--Not later than 10 days
                    after the date of selection of the certified IDR entity
                    with respect to a determination for a qualified IDR
                    item or service, the provider or facility and the group
                    health plan or health insurance issuer offering group
                    health insurance coverage party to such determination--
                                ``(i) shall each submit to the certified
                            IDR entity with respect to such determination--
                                        ``(I) an offer for a payment amount
                                    for such item or service furnished by
                                    such provider or facility; and
                                        ``(II) such information as
                                    requested by the certified IDR entity
                                    relating to such offer; and
                                ``(ii) may each submit to the certified IDR
                            entity with respect to such determination any
                            information relating to such offer submitted by
                            either party, including information relating to
                            any circumstance described in subparagraph
                            (C)(ii).
                        ``(C) Considerations in determination.--
                                ``(i) In general.--In determining which
                            offer is the payment to be applied pursuant to
                            this paragraph, the certified IDR entity, with
                            respect to the determination for a qualified
                            IDR item or service shall consider--
                                        ``(I) the qualifying payment
                                    amounts (as defined in subsection
                                    (a)(3)(E)) for the applicable year for
                                    items or services that are comparable
                                    to the qualified IDR item or service
                                    and that are furnished in the same
                                    geographic region (as defined by the
                                    Secretary for purposes of such
                                    subsection) as such qualified IDR item
                                    or service; and
                                        ``(II) subject to subparagraph (D),
                                    information on any circumstance
                                    described in clause (ii), such
                                    information as requested in
                                    subparagraph (B)(i)(II), and any
                                    additional information provided in
                                    subparagraph (B)(ii).
                                ``(ii) Additional circumstances.--For
                            purposes of clause (i)(II), the circumstances
                            described in this clause are, with respect to a
                            qualified IDR item or service of a
                            nonparticipating provider, nonparticipating
                            emergency facility, group health plan, or
                            health insurance issuer of group health
                            insurance coverage the following:
                                        ``(I) The level of training,
                                    experience, and quality and outcomes
                                    measurements of the provider or
                                    facility that furnished such item or
                                    service (such as those endorsed by the
                                    consensus-based entity authorized in
                                    section 1890 of the Social Security
                                    Act).
                                        ``(II) The market share held by the
                                    nonparticipating provider or facility
                                    or that of the plan or issuer in the
                                    geographic region in which the item or
                                    service was provided.
                                        ``(III) The acuity of the
                                    individual receiving such item or
                                    service or the complexity of furnishing
                                    such item or service to such
                                    individual.
                                        ``(IV) The teaching status, case
                                    mix, and scope of services of the
                                    nonparticipating facility that
                                    furnished such item or service.
                                        ``(V) Demonstrations of good faith
                                    efforts (or lack of good faith efforts)
                                    made by the nonparticipating provider
                                    or nonparticipating facility or the
                                    plan or issuer to enter into network
                                    agreements and, if applicable,
                                    contracted rates between the provider
                                    or facility, as applicable, and the
                                    plan or issuer, as applicable, during
                                    the previous 4 plan years.
                        ``(D) Prohibition on consideration of certain
                    factors.--In determining which offer is the payment to
                    be applied with respect to qualified IDR items and
                    services furnished by a provider or facility, the
                    certified IDR entity with respect to a determination
                    shall not consider usual and customary charges, the
                    amount that would have been billed by such provider or
                    facility with respect to such items and services had
                    the provisions of section 2799B-1 of the Public Health
                    Service Act or 2799B-2 of such Act (as applicable) not
                    applied, or the payment or reimbursement rate for such
                    items and services furnished by such provider or
                    facility payable by a public payor, including under the
                    Medicare program under title XVIII of the Social
                    Security Act, under the Medicaid program under title
                    XIX of such Act, under the Children's Health Insurance
                    Program under title XXI of such Act, under the TRICARE
                    program under chapter 55 of title 10, United States
                    Code, or under chapter 17 of title 38, United States
                    Code.
                        ``(E) Effects of determination.--
                                ``(i) In general.--A determination of a
                            certified IDR entity under subparagraph (A)--
                                        ``(I) shall be binding upon the
                                    parties involved, in the absence of a
                                    fraudulent claim or evidence of
                                    misrepresentation of facts presented to
                                    the IDR entity involved regarding such
                                    claim; and
                                        ``(II) shall not be subject to
                                    judicial review, except in a case
                                    described in any of paragraphs (1)
                                    through (4) of section 10(a) of title
                                    9, United States Code.
                                ``(ii) Suspension of certain subsequent idr
                            requests.--In the case of a determination of a
                            certified IDR entity under subparagraph (A),
                            with respect to an initial notification
                            submitted under paragraph (1)(B) with respect
                            to qualified IDR items and services and the two
                            parties involved with such notification, the
                            party that submitted such notification may not
                            submit during the 90-day period following such
                            determination a subsequent notification under
                            such paragraph involving the same other party
                            to such notification with respect to such an
                            item or service that was the subject of such
                            initial notification.
                                ``(iii) Subsequent submission of requests
                            permitted.--In the case of a notification that
                            pursuant to clause (ii) is not permitted to be
                            submitted under paragraph (1)(B) during a 90-
                            day period specified in such clause, if the end
                            of the open negotiation period specified in
                            paragraph (1)(A), that but for this clause
                            would otherwise apply with respect to such
                            notification, occurs during such 90-day period,
                            such paragraph (1)(B) shall be applied as if
                            the reference in such paragraph to the 4-day
                            period beginning on the day after such open
                            negotiation period were instead a reference to
                            the 30-day period beginning on the day after
                            the last day of such 90-day period.
                                ``(iv) Reports.--The Secretary, jointly
                            with the Secretary of Health and Human Services
                            and the Secretary of the Treasury, shall
                            examine the impact of the application of clause
                            (ii) and whether the application of such clause
                            delays payment determinations or impacts early,
                            alternative resolution of claims (such as
                            through open negotiations), and shall submit to
                            Congress, not later than 2 years after the date
                            of implementation of such clause an interim
                            report (and not later than 4 years after such
                            date of implementation, a final report) on
                            whether any group health plans or health
                            insurance issuers offering group or individual
                            health insurance coverage or types of such
                            plans or coverage have a pattern or practice of
                            routine denial, low payment, or down-coding of
                            claims, or otherwise abuse the 90-day period
                            described in such clause, including
                            recommendations on ways to discourage such a
                            pattern or practice.
                        ``(F) Costs of independent dispute resolution
                    process.--In the case of a notification under paragraph
                    (1)(B) submitted by a nonparticipating provider,
                    nonparticipating emergency facility, group health plan,
                    or health insurance issuer offering group health
                    insurance coverage and submitted to a certified IDR
                    entity--
                                ``(i) if such entity makes a determination
                            with respect to such notification under
                            subparagraph (A), the party whose offer is not
                            chosen under such subparagraph shall be
                            responsible for paying all fees charged by such
                            entity; and
                                ``(ii) if the parties reach a settlement
                            with respect to such notification prior to such
                            a determination, each party shall pay half of
                            all fees charged by such entity, unless the
                            parties otherwise agree.
                ``(6) Timing of payment.--The total plan or coverage
            payment required pursuant to subsection (a)(1) or (b)(1), with
            respect to a qualified IDR item or service for which a
            determination is made under paragraph (5)(A) or with respect to
            an item or service for which a payment amount is determined
            under open negotiations under paragraph (1), shall be made
            directly to the nonparticipating provider or facility not later
            than 30 days after the date on which such determination is
            made.
                ``(7) Publication of information relating to the idr
            process.--
                        ``(A) Publication of information.--For each
                    calendar quarter in 2022 and each calendar quarter in a
                    subsequent year, the Secretary shall make available on
                    the public website of the Department of Labor--
                                ``(i) the number of notifications submitted
                            under paragraph (1)(B) during such calendar
                            quarter;
                                ``(ii) the size of the provider practices
                            and the size of the facilities submitting
                            notifications under paragraph (1)(B) during
                            such calendar quarter;
                                ``(iii) the number of such notifications
                            with respect to which a determination was made
                            under paragraph (5)(A);
                                ``(iv) the information described in
                            subparagraph (B) with respect to each
                            notification with respect to which such a
                            determination was so made;
                                ``(v) the number of times the payment
                            amount determined (or agreed to) under this
                            subsection exceeds the qualifying payment
                            amount, specified by items and services;
                                ``(vi) the amount of expenditures made by
                            the Secretary during such calendar quarter to
                            carry out the IDR process;
                                ``(vii) the total amount of fees paid under
                            paragraph (8) during such calendar quarter; and
                                ``(viii) the total amount of compensation
                            paid to certified IDR entities under paragraph
                            (5)(F) during such calendar quarter.
                        ``(B) Information.--For purposes of subparagraph
                    (A), the information described in this subparagraph is,
                    with respect to a notification under paragraph (1)(B)
                    by a nonparticipating provider, nonparticipating
                    emergency facility, group health plan, or health
                    insurance issuer offering group health insurance
                    coverage--
                                ``(i) a description of each item and
                            service included with respect to such
                            notification;
                                ``(ii) the geography in which the items and
                            services with respect to such notification were
                            provided;
                                ``(iii) the amount of the offer submitted
                            under paragraph (5)(B) by the group health plan
                            or health insurance issuer (as applicable) and
                            by the nonparticipating provider or
                            nonparticipating emergency facility (as
                            applicable) expressed as a percentage of the
                            qualifying payment amount;
                                ``(iv) whether the offer selected by the
                            certified IDR entity under paragraph (5) to be
                            the payment applied was the offer submitted by
                            such plan or issuer (as applicable) or by such
                            provider or facility (as applicable) and the
                            amount of such offer so selected expressed as a
                            percentage of the qualifying payment amount;
                                ``(v) the category and practice specialty
                            of each such provider or facility involved in
                            furnishing such items and services;
                                ``(vi) the identity of the health plan or
                            health insurance issuer, provider, or facility,
                            with respect to the notification;
                                ``(vii) the length of time in making each
                            determination;
                                ``(viii) the compensation paid to the
                            certified IDR entity with respect to the
                            settlement or determination; and
                                ``(ix) any other information specified by
                            the Secretary.
                        ``(C) IDR entity requirements.--For 2022 and each
                    subsequent year, an IDR entity, as a condition of
                    certification as an IDR entity, shall submit to the
                    Secretary such information as the Secretary determines
                    necessary to carry out the provisions of this
                    subsection.
                        ``(D) Clarification.--The Secretary shall ensure
                    the public reporting under this paragraph does not
                    contain information that would disclose privileged or
                    confidential information of a group health plan or
                    health insurance issuer offering group or individual
                    health insurance coverage or of a provider or facility.
                ``(8) Administrative fee.--
                        ``(A) In general.--Each party to a determination
                    under paragraph (5) to which an entity is selected
                    under paragraph (3) in a year shall pay to the
                    Secretary, at such time and in such manner as specified
                    by the Secretary, a fee for participating in the IDR
                    process with respect to such determination in an amount
                    described in subparagraph (B) for such year.
                        ``(B) Amount of fee.--The amount described in this
                    subparagraph for a year is an amount established by the
                    Secretary in a manner such that the total amount of
                    fees paid under this paragraph for such year is
                    estimated to be equal to the amount of expenditures
                    estimated to be made by the Secretary for such year in
                    carrying out the IDR process.
                ``(9) Waiver authority.--The Secretary may modify any
            deadline or other timing requirement specified under this
            subsection (other than the establishment date for the IDR
            process under paragraph (2)(A) and other than under paragraph
            (6)) in cases of extenuating circumstances, as specified by the
            Secretary, or to ensure that all claims that occur during a 90-
            day period described in paragraph (5)(E)(ii), but with respect
            to which a notification is not permitted by reason of such
            paragraph to be submitted under paragraph (1)(B) during such
            period, are eligible for the IDR process.''.
        (c) IRC.--Section 9816 of the Internal Revenue Code of 1986, as
    added by section 102, is amended--
                (1) by redesignating subsection (c) as subsection (d); and
                (2) by inserting after subsection (b) the following new
            subsection:
        ``(c) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
                ``(1) Determination through open negotiation.--
                        ``(A) In general.--With respect to an item or
                    service furnished in a year by a nonparticipating
                    provider or a nonparticipating facility, with respect
                    to a group health plan, in a State described in
                    subsection (a)(3)(K)(ii) with respect to such plan and
                    provider or facility, and for which a payment is
                    required to be made by the plan pursuant to subsection
                    (a)(1) or (b)(1), the provider or facility (as
                    applicable) or plan may, during the 30-day period
                    beginning on the day the provider or facility receives
                    an initial payment or a notice of denial of payment
                    from the plan regarding a claim for payment for such
                    item or service, initiate open negotiations under this
                    paragraph between such provider or facility and plan
                    for purposes of determining, during the open
                    negotiation period, an amount agreed on by such
                    provider or facility, respectively, and such plan for
                    payment (including any cost-sharing) for such item or
                    service. For purposes of this subsection, the open
                    negotiation period, with respect to an item or service,
                    is the 30-day period beginning on the date of
                    initiation of the negotiations with respect to such
                    item or service.
                        ``(B) Accessing independent dispute resolution
                    process in case of failed negotiations.--In the case of
                    open negotiations pursuant to subparagraph (A), with
                    respect to an item or service, that do not result in a
                    determination of an amount of payment for such item or
                    service by the last day of the open negotiation period
                    described in such subparagraph with respect to such
                    item or service, the provider or facility (as
                    applicable) or group health plan that was party to such
                    negotiations may, during the 4-day period beginning on
                    the day after such open negotiation period, initiate
                    the independent dispute resolution process under
                    paragraph (2) with respect to such item or service. The
                    independent dispute resolution process shall be
                    initiated by a party pursuant to the previous sentence
                    by submission to the other party and to the Secretary
                    of a notification (containing such information as
                    specified by the Secretary) and for purposes of this
                    subsection, the date of initiation of such process
                    shall be the date of such submission or such other date
                    specified by the Secretary pursuant to regulations that
                    is not later than the date of receipt of such
                    notification by both the other party and the Secretary.
                ``(2) Independent dispute resolution process available in
            case of failed open negotiations.--
                        ``(A) Establishment.--Not later than 1 year after
                    the date of the enactment of this subsection, the
                    Secretary, jointly with the Secretary of Health and
                    Human Services and the Secretary of Labor, shall
                    establish by regulation one independent dispute
                    resolution process (referred to in this subsection as
                    the `IDR process') under which, in the case of an item
                    or service with respect to which a provider or facility
                    (as applicable) or group health plan submits a
                    notification under paragraph (1)(B) (in this subsection
                    referred to as a `qualified IDR item or service'), a
                    certified IDR entity under paragraph (4) determines,
                    subject to subparagraph (B) and in accordance with the
                    succeeding provisions of this subsection, the amount of
                    payment under the plan for such item or service
                    furnished by such provider or facility.
                        ``(B) Authority to continue negotiations.--Under
                    the independent dispute resolution process, in the case
                    that the parties to a determination for a qualified IDR
                    item or service agree on a payment amount for such item
                    or service during such process but before the date on
                    which the entity selected with respect to such
                    determination under paragraph (4) makes such
                    determination under paragraph (5), such amount shall be
                    treated for purposes of subsection (a)(3)(K)(ii) as the
                    amount agreed to by such parties for such item or
                    service. In the case of an agreement described in the
                    previous sentence, the independent dispute resolution
                    process shall provide for a method to determine how to
                    allocate between the parties to such determination the
                    payment of the compensation of the entity selected with
                    respect to such determination.
                        ``(C) Clarification.--A nonparticipating provider
                    may not, with respect to an item or service furnished
                    by such provider, submit a notification under paragraph
                    (1)(B) if such provider is exempt from the requirement
                    under subsection (a) of section 2799B-2 of the Public
                    Health Service Act with respect to such item or service
                    pursuant to subsection (b) of such section.
                ``(3) Treatment of batching of items and services.--
                        ``(A) In general.--Under the IDR process, the
                    Secretary shall specify criteria under which multiple
                    qualified IDR dispute items and services are permitted
                    to be considered jointly as part of a single
                    determination by an entity for purposes of encouraging
                    the efficiency (including minimizing costs) of the IDR
                    process. Such items and services may be so considered
                    only if--
                                ``(i) such items and services to be
                            included in such determination are furnished by
                            the same provider or facility;
                                ``(ii) payment for such items and services
                            is required to be made by the same group health
                            plan or health insurance issuer;
                                ``(iii) such items and services are related
                            to the treatment of a similar condition; and
                                ``(iv) such items and services were
                            furnished during the 30 day period following
                            the date on which the first item or service
                            included with respect to such determination was
                            furnished or an alternative period as
                            determined by the Secretary, for use in limited
                            situations, such as by the consent of the
                            parties or in the case of low-volume items and
                            services, to encourage procedural efficiency
                            and minimize health plan and provider
                            administrative costs.
                        ``(B) Treatment of bundled payments.--In carrying
                    out subparagraph (A), the Secretary shall provide that,
                    in the case of items and services which are included by
                    a provider or facility as part of a bundled payment,
                    such items and services included in such bundled
                    payment may be part of a single determination under
                    this subsection.
                ``(4) Certification and selection of idr entities.--
                        ``(A) In general.--The Secretary, jointly with the
                    Secretary of Health and Human Services and the
                    Secretary of Labor, shall establish a process to
                    certify (including to recertify) entities under this
                    paragraph. Such process shall ensure that an entity so
                    certified--
                                ``(i) has (directly or through contracts or
                            other arrangements) sufficient medical, legal,
                            and other expertise and sufficient staffing to
                            make determinations described in paragraph (5)
                            on a timely basis;
                                ``(ii) is not--
                                        ``(I) a group health plan,
                                    provider, or facility;
                                        ``(II) an affiliate or a subsidiary
                                    of such a group health plan, provider,
                                    or facility; or
                                        ``(III) an affiliate or subsidiary
                                    of a professional or trade association
                                    of such group health plans or of
                                    providers or facilities;
                                ``(iii) carries out the responsibilities of
                            such an entity in accordance with this
                            subsection;
                                ``(iv) meets appropriate indicators of
                            fiscal integrity;
                                ``(v) maintains the confidentiality (in
                            accordance with regulations promulgated by the
                            Secretary) of individually identifiable health
                            information obtained in the course of
                            conducting such determinations;
                                ``(vi) does not under the IDR process carry
                            out any determination with respect to which the
                            entity would not pursuant to subclause (I),
                            (II), or (III) of subparagraph (F)(i) be
                            eligible for selection; and
                                ``(vii) meets such other requirements as
                            determined appropriate by the Secretary.
                        ``(B) Period of certification.--Subject to
                    subparagraph (C), each certification (including a
                    recertification) of an entity under the process
                    described in subparagraph (A) shall be for a 5-year
                    period.
                        ``(C) Revocation.--A certification of an entity
                    under this paragraph may be revoked under the process
                    described in subparagraph (A) if the entity has a
                    pattern or practice of noncompliance with any of the
                    requirements described in such subparagraph.
                        ``(D) Petition for denial or withdrawal.--The
                    process described in subparagraph (A) shall ensure that
                    an individual, provider, facility, or group health plan
                    may petition for a denial of a certification or a
                    revocation of a certification with respect to an entity
                    under this paragraph for failure of meeting a
                    requirement of this subsection.
                        ``(E) Sufficient number of entities.--The process
                    described in subparagraph (A) shall ensure that a
                    sufficient number of entities are certified under this
                    paragraph to ensure the timely and efficient provision
                    of determinations described in paragraph (5).
                        ``(F) Selection of certified idr entity.--The
                    Secretary shall, with respect to the determination of
                    the amount of payment under this subsection of an item
                    or service, provide for a method--
                                ``(i) that allows for the group health plan
                            and the nonparticipating provider or the
                            nonparticipating emergency facility (as
                            applicable) involved in a notification under
                            paragraph (1)(B) to jointly select, not later
                            than the last day of the 3-business day period
                            following the date of the initiation of the
                            process with respect to such item or service,
                            for purposes of making such determination, an
                            entity certified under this paragraph that--
                                        ``(I) is not a party to such
                                    determination or an employee or agent
                                    of such a party;
                                        ``(II) does not have a material
                                    familial, financial, or professional
                                    relationship with such a party; and
                                        ``(III) does not otherwise have a
                                    conflict of interest with such a party
                                    (as determined by the Secretary); and
                                ``(ii) that requires, in the case such
                            parties do not make such selection by such last
                            day, the Secretary to, not later than 6
                            business days after such date of initiation--
                                        ``(I) select such an entity that
                                    satisfies subclauses (I) through (III)
                                    of clause (i)); and
                                        ``(II) provide notification of such
                                    selection to the provider or facility
                                    (as applicable) and the plan or issuer
                                    (as applicable) party to such
                                    determination.
    An entity selected pursuant to the previous sentence to make a
    determination described in such sentence shall be referred to in this
    subsection as the `certified IDR entity' with respect to such
    determination.
                ``(5) Payment determination.--
                        ``(A) In general.--Not later than 30 days after the
                    date of selection of the certified IDR entity with
                    respect to a determination for a qualified IDR item or
                    service, the certified IDR entity shall--
                                ``(i) taking into account the
                            considerations specified in subparagraph (C),
                            select one of the offers submitted under
                            subparagraph (B) to be the amount of payment
                            for such item or service determined under this
                            subsection for purposes of subsection (a)(1) or
                            (b)(1), as applicable; and
                                ``(ii) notify the provider or facility and
                            the group health plan party to such
                            determination of the offer selected under
                            clause (i).
                        ``(B) Submission of offers.--Not later than 10 days
                    after the date of selection of the certifed IDR entity
                    with respect to a determination for a qualified IDR
                    item or service, the provider or facility and the group
                    health plan party to such determination--
                                ``(i) shall each submit to the certified
                            IDR entity with respect to such determination--
                                        ``(I) an offer for a payment amount
                                    for such item or service furnished by
                                    such provider or facility; and
                                        ``(II) such information as
                                    requested by the certified IDR entity
                                    relating to such offer; and
                                ``(ii) may each submit to the certified IDR
                            entity with respect to such determination any
                            information relating to such offer submitted by
                            either party, including information relating to
                            any circumstance described in subparagraph
                            (C)(ii).
                        ``(C) Considerations in determination.--
                                ``(i) In general.--In determining which
                            offer is the payment to be applied pursuant to
                            this paragraph, the certified IDR entity, with
                            respect to the determination for a qualified
                            IDR item or service shall consider--
                                        ``(I) the qualifying payment
                                    amounts (as defined in subsection
                                    (a)(3)(E)) for the applicable year for
                                    items or services that are comparable
                                    to the qualified IDR item or service
                                    and that are furnished in the same
                                    geographic region (as defined by the
                                    Secretary for purposes of such
                                    subsection) as such qualified IDR item
                                    or service; and
                                        ``(II) subject to subparagraph (D),
                                    information on any circumstance
                                    described in clause (ii), such
                                    information as requested in
                                    subparagraph (B)(i)(II), and any
                                    additional information provided in
                                    subparagraph (B)(ii).
                                ``(ii) Additional circumstances.--For
                            purposes of clause (i)(II), the circumstances
                            described in this clause are, with respect to a
                            qualified IDR item or service of a
                            nonparticipating provider, nonparticipating
                            emergency facility, or group health plan, the
                            following:
                                        ``(I) The level of training,
                                    experience, and quality and outcomes
                                    measurements of the provider or
                                    facility that furnished such item or
                                    service (such as those endorsed by the
                                    consensus-based entity authorized in
                                    section 1890 of the Social Security
                                    Act).
                                        ``(II) The market share held by the
                                    nonparticipating provider or facility
                                    or that of the plan or issuer in the
                                    geographic region in which the item or
                                    service was provided.
                                        ``(III) The acuity of the
                                    individual receiving such item or
                                    service or the complexity of furnishing
                                    such item or service to such
                                    individual.
                                        ``(IV) The teaching status, case
                                    mix, and scope of services of the
                                    nonparticipating facility that
                                    furnished such item or service.
                                        ``(V) Demonstrations of good faith
                                    efforts (or lack of good faith efforts)
                                    made by the nonparticipating provider
                                    or nonparticipating facility or the
                                    plan or issuer to enter into network
                                    agreements and, if applicable,
                                    contracted rates between the provider
                                    or facility, as applicable, and the
                                    plan or issuer, as applicable, during
                                    the previous 4 plan years.
                        ``(D) Prohibition on consideration of certain
                    factors.--In determining which offer is the payment to
                    be applied with respect to qualified IDR items and
                    services furnished by a provider or facility, the
                    certified IDR entity with respect to a determination
                    shall not consider usual and customary charges, the
                    amount that would have been billed by such provider or
                    facility with respect to such items and services had
                    the provisions of section 2799B-1 of the Public Health
                    Service Act or 2799B-2 of such Act (as applicable) not
                    applied, or the payment or reimbursement rate for such
                    items and services furnished by such provider or
                    facility payable by a public payor, including under the
                    Medicare program under title XVIII of the Social
                    Security Act, under the Medicaid program under title
                    XIX of such Act, under the Children's Health Insurance
                    Program under title XXI of such Act, under the TRICARE
                    program under chapter 55 of title 10, United States
                    Code, or under chapter 17 of title 38, United States
                    Code.
                        ``(E) Effects of determination.--
                                ``(i) In general.--A determination of a
                            certified IDR entity under subparagraph (A)--
                                        ``(I) shall be binding upon the
                                    parties involved, in the absence of a
                                    fraudulent claim or evidence of
                                    misrepresentation of facts presented to
                                    the IDR entity involved regarding such
                                    claim; and
                                        ``(II) shall not be subject to
                                    judicial review, except in a case
                                    described in any of paragraphs (1)
                                    through (4) of section 10(a) of title
                                    9, United States Code.
                                ``(ii) Suspension of certain subsequent idr
                            requests.--In the case of a determination of a
                            certified IDR entity under subparagraph (A),
                            with respect to an initial notification
                            submitted under paragraph (1)(B) with respect
                            to qualified IDR items and services and the two
                            parties involved with such notification, the
                            party that submitted such notification may not
                            submit during the 90-day period following such
                            determination a subsequent notification under
                            such paragraph involving the same other party
                            to such notification with respect to such an
                            item or service that was the subject of such
                            initial notification.
                                ``(iii) Subsequent submission of requests
                            permitted.--In the case of a notification that
                            pursuant to clause (ii) is not permitted to be
                            submitted under paragraph (1)(B) during a 90-
                            day period specified in such clause, if the end
                            of the open negotiation period specified in
                            paragraph (1)(A), that but for this clause
                            would otherwise apply with respect to such
                            notification, occurs during such 90-day period,
                            such paragraph (1)(B) shall be applied as if
                            the reference in such paragraph to the 4-day
                            period beginning on the day after such open
                            negotiation period were instead a reference to
                            the 30-day period beginning on the day after
                            the last day of such 90-day period.
                                ``(iv) Reports.--The Secretary, jointly
                            with the Secretary of Labor and the Secretary
                            of the Health and Human Services, shall examine
                            the impact of the application of clause (ii)
                            and whether the application of such clause
                            delays payment determinations or impacts early,
                            alternative resolution of claims (such as
                            through open negotiations), and shall submit to
                            Congress, not later than 2 years after the date
                            of implementation of such clause an interim
                            report (and not later than 4 years after such
                            date of implementation, a final report) on
                            whether any group health plans or health
                            insurance issuers offering group or individual
                            health insurance coverage or types of such
                            plans or coverage have a pattern or practice of
                            routine denial, low payment, or down-coding of
                            claims, or otherwise abuse the 90-day period
                            described in such clause, including
                            recommendations on ways to discourage such a
                            pattern or practice.
                        ``(F) Costs of independent dispute resolution
                    process.--In the case of a notification under paragraph
                    (1)(B) submitted by a nonparticipating provider,
                    nonparticipating emergency facility, or group health
                    plan and submitted to a certified IDR entity--
                                ``(i) if such entity makes a determination
                            with respect to such notification under
                            subparagraph (A), the party whose offer is not
                            chosen under such subparagraph shall be
                            responsible for paying all fees charged by such
                            entity; and
                                ``(ii) if the parties reach a settlement
                            with respect to such notification prior to such
                            a determination, each party shall pay half of
                            all fees charged by such entity, unless the
                            parties otherwise agree.
                ``(6) Timing of payment.--The total plan payment required
            pursuant to subsection (a)(1) or (b)(1), with respect to a
            qualified IDR item or service for which a determination is made
            under paragraph (5)(A) or with respect to an item or service
            for which a payment amount is determined under open
            negotiations under paragraph (1), shall be made directly to the
            nonparticipating provider or facility not later than 30 days
            after the date on which such determination is made.
                ``(7) Publication of information relating to the idr
            process.--
                        ``(A) Publication of information.--For each
                    calendar quarter in 2022 and each calendar quarter in a
                    subsequent year, the Secretary shall make available on
                    the public website of the Department of the Treasury--
                                ``(i) the number of notifications submitted
                            under paragraph (1)(B) during such calendar
                            quarter;
                                ``(ii) the size of the provider practices
                            and the size of the facilities submitting
                            notifications under paragraph (1)(B) during
                            such calendar quarter;
                                ``(iii) the number of such notifications
                            with respect to which a determination was made
                            under paragraph (5)(A);
                                ``(iv) the information described in
                            subparagraph (B) with respect to each
                            notification with respect to which such a
                            determination was so made;
                                ``(v) the number of times the payment
                            amount determined (or agreed to) under this
                            subsection exceeds the qualifying payment
                            amount, specified by items and services;
                                ``(vi) the amount of expenditures made by
                            the Secretary during such calendar quarter to
                            carry out the IDR process;
                                ``(vii) the total amount of fees paid under
                            paragraph (8) during such calendar quarter; and
                                ``(viii) the total amount of compensation
                            paid to certified IDR entities under paragraph
                            (5)(F) during such calendar quarter.
                        ``(B) Information.--For purposes of subparagraph
                    (A), the information described in this subparagraph is,
                    with respect to a notification under paragraph (1)(B)
                    by a nonparticipating provider, nonparticipating
                    emergency facility, or group health plan--
                                ``(i) a description of each item and
                            service included with respect to such
                            notification;
                                ``(ii) the geography in which the items and
                            services with respect to such notification were
                            provided;
                                ``(iii) the amount of the offer submitted
                            under paragraph (5)(B) by the group health plan
                            and by the nonparticipating provider or
                            nonparticipating emergency facility (as
                            applicable) expressed as a percentage of the
                            qualifying payment amount;
                                ``(iv) whether the offer selected by the
                            certified IDR entity under paragraph (5) to be
                            the payment applied was the offer submitted by
                            such plan or by such provider or facility (as
                            applicable) and the amount of such offer so
                            selected expressed as a percentage of the
                            qualifying payment amount;
                                ``(v) the category and practice specialty
                            of each such provider or facility involved in
                            furnishing such items and services;
                                ``(vi) the identity of the group health
                            plan, provider, or facility, with respect to
                            the notification;
                                ``(vii) the length of time in making each
                            determination;
                                ``(viii) the compensation paid to the
                            certified IDR entity with respect to the
                            settlement or determination; and
                                ``(ix) any other information specified by
                            the Secretary.
                        ``(C) IDR entity requirements.--For 2022 and each
                    subsequent year, an IDR entity, as a condition of
                    certification as an IDR entity, shall submit to the
                    Secretary such information as the Secretary determines
                    necessary to carry out the provisions of this
                    subsection.
                        ``(D) Clarification.--The Secretary shall ensure
                    the public reporting under this paragraph does not
                    contain information that would disclose privileged or
                    confidential information of a group health plan or
                    health insurance issuer offering group or individual
                    health insurance coverage or of a provider or facility.
                ``(8) Administrative fee.--
                        ``(A) In general.--Each party to a determination
                    under paragraph (5) to which an entity is selected
                    under paragraph (3) in a year shall pay to the
                    Secretary, at such time and in such manner as specified
                    by the Secretary, a fee for participating in the IDR
                    process with respect to such determination in an amount
                    described in subparagraph (B) for such year.
                        ``(B) Amount of fee.--The amount described in this
                    subparagraph for a year is an amount established by the
                    Secretary in a manner such that the total amount of
                    fees paid under this paragraph for such year is
                    estimated to be equal to the amount of expenditures
                    estimated to be made by the Secretary for such year in
                    carrying out the IDR process.
                ``(9) Waiver authority.--The Secretary may modify any
            deadline or other timing requirement specified under this
            subsection (other than the establishment date for the IDR
            process under paragraph (2)(A) and other than under paragraph
            (6)) in cases of extenuating circumstances, as specified by the
            Secretary, or to ensure that all claims that occur during a 90-
            day period described in paragraph (5)(E)(ii), but with respect
            to which a notification is not permitted by reason of such
            paragraph to be submitted under paragraph (1)(B) during such
            period, are eligible for the IDR process.''.

    SEC. 104. HEALTH CARE PROVIDER REQUIREMENTS REGARDING SURPRISE MEDICAL
                  BILLING.

        (a) In General.--Title XXVII of the Public Health Service Act (42
    U.S.C. 300gg et seq.) is amended by inserting after part D, as added by
    section 102, the following:

                  ``PART E--HEALTH CARE PROVIDER REQUIREMENTS

    ``SEC. 2799B-1. BALANCE BILLING IN CASES OF EMERGENCY SERVICES.

        ``(a) In General.--In the case of a participant, beneficiary, or
    enrollee with benefits under a group health plan or group or individual
    health insurance coverage offered by a health insurance issuer and who
    is furnished during a plan year beginning on or after January 1, 2022,
    emergency services (for which benefits are provided under the plan or
    coverage) with respect to an emergency medical condition with respect
    to a visit at an emergency department of a hospital or an independent
    freestanding emergency department--
                ``(1) in the case that the hospital or independent
            freestanding emergency department is a nonparticipating
            emergency facility, the emergency department of a hospital or
            independent freestanding emergency department shall not bill,
            and shall not hold liable, the participant, beneficiary, or
            enrollee for a payment amount for such emergency services so
            furnished that is more than the cost-sharing requirement for
            such services (as determined in accordance with clauses (ii)
            and (iii) of section 2799A-1(a)(1)(C), of section 9816(a)(1)(C)
            of the Internal Revenue Code of 1986, and of section
            716(a)(1)(C) of the Employee Retirement Income Security Act of
            1974, as applicable); and
                ``(2) in the case that such services are furnished by a
            nonparticipating provider, the health care provider shall not
            bill, and shall not hold liable, such participant, beneficiary,
            or enrollee for a payment amount for an emergency service
            furnished to such individual by such provider with respect to
            such emergency medical condition and visit for which the
            individual receives emergency services at the hospital or
            emergency department that is more than the cost-sharing
            requirement for such services furnished by the provider (as
            determined in accordance with clauses (ii) and (iii) of section
            2799A-1(a)(1)(C), of section 9816(a)(1)(C) of the Internal
            Revenue Code of 1986, and of section 716(a)(1)(C) of the
            Employee Retirement Income Security Act of 1974, as
            applicable).
        ``(b) Definition.--In this section, the term `visit' shall have
    such meaning as applied to such term for purposes of section 2799A-
    1(b).

    ``SEC. 2799B-2. BALANCE BILLING IN CASES OF NON-EMERGENCY SERVICES
                  PERFORMED BY NONPARTICIPATING PROVIDERS AT CERTAIN
                  PARTICIPATING FACILITIES.

        ``(a) In General.--Subject to subsection (b), in the case of a
    participant, beneficiary, or enrollee with benefits under a group
    health plan or group or individual health insurance coverage offered by
    a health insurance issuer and who is furnished during a plan year
    beginning on or after January 1, 2022, items or services (other than
    emergency services to which section 2799B-1 applies) for which benefits
    are provided under the plan or coverage at a participating health care
    facility by a nonparticipating provider, such provider shall not bill,
    and shall not hold liable, such participant, beneficiary, or enrollee
    for a payment amount for such an item or service furnished by such
    provider with respect to a visit at such facility that is more than the
    cost-sharing requirement for such item or service (as determined in
    accordance with subparagraphs (A) and (B) of section 2799A-1(b)(1) of
    section 9816(b)(1) of the Internal Revenue Code of 1986, and of section
    716(b)(1) of the Employee Retirement Income Security Act of 1974, as
    applicable).
        ``(b) Exception.--
                ``(1) In general.--Subsection (a) shall not apply with
            respect to items or services (other than ancillary services
            described in paragraph (2)) furnished by a nonparticipating
            provider to a participant, beneficiary, or enrollee of a group
            health plan or group or individual health insurance coverage
            offered by a health insurance issuer, if the provider satisfies
            the notice and consent criteria of subsection (d).
                ``(2) Ancillary services described.--For purposes of
            paragraph (1), ancillary services described in this paragraph
            are, with respect to a participating health care facility--
                        ``(A) subject to paragraph (3), items and services
                    related to emergency medicine, anesthesiology,
                    pathology, radiology, and neonatology, whether or not
                    provided by a physician or non-physician practitioner,
                    and items and services provided by assistant surgeons,
                    hospitalists, and intensivists;
                        ``(B) subject to paragraph (3), diagnostic services
                    (including radiology and laboratory services);
                        ``(C) items and services provided by such other
                    specialty practitioners, as the Secretary specifies
                    through rulemaking; and
                        ``(D) items and services provided by a
                    nonparticipating provider if there is no participating
                    provider who can furnish such item or service at such
                    facility.
                ``(3) Exception.--The Secretary may, through rulemaking,
            establish a list (and update such list periodically) of
            advanced diagnostic laboratory tests, which shall not be
            included as an ancillary service described in paragraph (2) and
            with respect to which subsection (a) would apply.
        ``(c) Clarification.--In the case of a nonparticipating provider
    that satisfies the notice and consent criteria of subsection (d) with
    respect to an item or service (referred to in this subsection as a
    `covered item or service'), such notice and consent criteria may not be
    construed as applying with respect to any item or service that is
    furnished as a result of unforeseen, urgent medical needs that arise at
    the time such covered item or service is furnished. For purposes of the
    previous sentence, a covered item or service shall not include an
    ancillary service described in subsection (b)(2).
        ``(d) Notice and Consent to Be Treated by a Nonparticipating
    Provider or Nonparticipating Facility.--
                ``(1) In general.--A nonparticipating provider or
            nonparticipating facility satisfies the notice and consent
            criteria of this subsection, with respect to items or services
            furnished by the provider or facility to a participant,
            beneficiary, or enrollee of a group health plan or group or
            individual health insurance coverage offered by a health
            insurance issuer, if the provider (or, if applicable, the
            participating health care facility on behalf of such provider)
            or nonparticipating facility--
                        ``(A) in the case that the participant,
                    beneficiary, or enrollee makes an appointment to be
                    furnished such items or services at least 72 hours
                    prior to the date on which the individual is to be
                    furnished such items or services, provides to the
                    participant, beneficiary, or enrollee (or to an
                    authorized representative of the participant,
                    beneficiary, or enrollee) not later than 72 hours prior
                    to the date on which the individual is furnished such
                    items or services (or, in the case that the
                    participant, beneficiary, or enrollee makes such an
                    appointment within 72 hours of when such items or
                    services are to be furnished, provides to the
                    participant, beneficiary, or enrollee (or to an
                    authorized representative of the participant,
                    beneficiary, or enrollee) on such date the appointment
                    is made), a written notice in paper or electronic form,
                    as selected by the participant, beneficiary, or
                    enrollee, (and including electronic notification, as
                    practicable) specified by the Secretary, not later than
                    July 1, 2021, through guidance (which shall be updated
                    as determined necessary by the Secretary) that--
                                ``(i) contains the information required
                            under paragraph (2);
                                ``(ii) clearly states that consent to
                            receive such items and services from such
                            nonparticipating provider or nonparticipating
                            facility is optional and that the participant,
                            beneficiary, or enrollee may instead seek care
                            from a participating provider or at a
                            participating facility, with respect to such
                            plan or coverage, as applicable, in which case
                            the cost-sharing responsibility of the
                            participant, beneficiary, or enrollee would not
                            exceed such responsibility that would apply
                            with respect to such an item or service that is
                            furnished by a participating provider or
                            participating facility, as applicable with
                            respect to such plan; and
                                ``(iii) is available in the 15 most common
                            languages in the geographic region of the
                            applicable facility;
                        ``(B) obtains from the participant, beneficiary, or
                    enrollee (or from such an authorized representative)
                    the consent described in paragraph (3) to be treated by
                    a nonparticipating provider or nonparticipating
                    facility; and
                        ``(C) provides a signed copy of such consent to the
                    participant, beneficiary, or enrollee through mail or
                    email (as selected by the participant, beneficiary, or
                    enrollee).
                ``(2) Information required under written notice.--For
            purposes of paragraph (1)(A)(i), the information described in
            this paragraph, with respect to a nonparticipating provider or
            nonparticipating facility and a participant, beneficiary, or
            enrollee of a group health plan or group or individual health
            insurance coverage offered by a health insurance issuer, is
            each of the following:
                        ``(A) Notification, as applicable, that the health
                    care provider is a nonparticipating provider with
                    respect to the health plan or the health care facility
                    is a nonparticipating facility with respect to the
                    health plan.
                        ``(B) Notification of the good faith estimated
                    amount that such provider or facility may charge the
                    participant, beneficiary, or enrollee for such items
                    and services involved, including a notification that
                    the provision of such estimate or consent to be treated
                    under paragraph (3) does not constitute a contract with
                    respect to the charges estimated for such items and
                    services.
                        ``(C) In the case of a participating facility and a
                    nonparticipating provider, a list of any participating
                    providers at the facility who are able to furnish such
                    items and services involved and notification that the
                    participant, beneficiary, or enrollee may be referred,
                    at their option, to such a participating provider.
                        ``(D) Information about whether prior authorization
                    or other care management limitations may be required in
                    advance of receiving such items or services at the
                    facility.
                ``(3) Consent described to be treated by a nonparticipating
            provider or nonparticipating facility.--For purposes of
            paragraph (1)(B), the consent described in this paragraph, with
            respect to a participant, beneficiary, or enrollee of a group
            health plan or group or individual health insurance coverage
            offered by a health insurance issuer who is to be furnished
            items or services by a nonparticipating provider or
            nonparticipating facility, is a document specified by the
            Secretary, in consultation with the Secretary of Labor, through
            guidance that shall be signed by the participant, beneficiary,
            or enrollee before such items or services are furnished and
            that --
                        ``(A) acknowledges (in clear and understandable
                    language) that the participant, beneficiary, or
                    enrollee has been--
                                ``(i) provided with the written notice
                            under paragraph (1)(A);
                                ``(ii) informed that the payment of such
                            charge by the participant, beneficiary, or
                            enrollee may not accrue toward meeting any
                            limitation that the plan or coverage places on
                            cost-sharing, including an explanation that
                            such payment may not apply to an in-network
                            deductible applied under the plan or coverage;
                            and
                                ``(iii) provided the opportunity to receive
                            the written notice under paragraph (1)(A) in
                            the form selected by the participant,
                            beneficiary or enrollee; and
                        ``(B) documents the date on which the participant,
                    beneficiary, or enrollee received the written notice
                    under paragraph (1)(A) and the date on which the
                    individual signed such consent to be furnished such
                    items or services by such provider or facility.
                ``(4) Rule of construction.--The consent described in
            paragraph (3), with respect to a participant, beneficiary, or
            enrollee of a group health plan or group or individual health
            insurance coverage offered by a health insurance issuer, shall
            constitute only consent to the receipt of the information
            provided pursuant to this subsection and shall not constitute a
            contractual agreement of the participant, beneficiary, or
            enrollee to any estimated charge or amount included in such
            information.
        ``(e) Retention of Certain Documents.--A nonparticipating facility
    (with respect to such facility or any nonparticipating provider at such
    facility) or a participating facility (with respect to nonparticipating
    providers at such facility) that obtains from a participant,
    beneficiary, or enrollee of a group health plan or group or individual
    health insurance coverage offered by a health insurance issuer (or an
    authorized representative of such participant, beneficiary, or
    enrollee) a written notice in accordance with subsection (d)(1)(B),
    with respect to furnishing an item or service to such participant,
    beneficiary, or enrollee, shall retain such notice for at least a 7-
    year period after the date on which such item or service is so
    furnished.
        ``(f) Definitions.--In this section:
                ``(1) The terms `nonparticipating provider' and
            `participating provider' have the meanings given such terms,
            respectively, in subsection (a)(3) of section 2799A-1.
                ``(2) The term `participating health care facility' has the
            meaning given such term in subsection (b)(2) of section 2799A-
            1.
                ``(3) The term `nonparticipating facility' means--
                        ``(A) with respect to emergency services (as
                    defined in section 2799A-1(a)(3)(C)(i)) and a group
                    health plan or group or individual health insurance
                    coverage offered by a health insurance issuer, an
                    emergency department of a hospital, or an independent
                    freestanding emergency department, that does not have a
                    contractual relationship with the plan or issuer,
                    respectively, with respect to the furnishing of such
                    services under the plan or coverage, respectively; and
                        ``(B) with respect to services described in section
                    2799A-1(a)(3)(C)(ii) and a group health plan or group
                    or individual health insurance coverage offered by a
                    health insurance issuer, a hospital or an independent
                    freestanding emergency department, that does not have a
                    contractual relationship with the plan or issuer,
                    respectively, with respect to the furnishing of such
                    services under the plan or coverage, respectively.
                ``(4) The term `participating facility' means--
                        ``(A) with respect to emergency services (as
                    defined in clause (i) of section 2799A-1(a)(3)(C)) that
                    are not described in clause(ii) of such section and a
                    group health plan or group or individual health
                    insurance coverage offered by a health insurance
                    issuer, an emergency department of a hospital, or an
                    independent freestanding emergency department, that has
                    a direct or indirect contractual relationship with the
                    plan or issuer, respectively, with respect to the
                    furnishing of such services under the plan or coverage,
                    respectively; and
                        ``(B) with respect to services that pursuant to
                    clause (ii) of section 2799A-1(a)(3)(C), of section
                    9816(a)(3) of the Internal Revenue Code of 1986, and of
                    section 716(a)(3) of the Employee Retirement Income
                    Security Act of 1974, as applicable are included as
                    emergency services (as defined in clause (i) of such
                    section and a group health plan or group or individual
                    health insurance coverage offered by a health insurance
                    issuer, a hospital or an independent freestanding
                    emergency department, that has a contractual
                    relationship with the plan or coverage, respectively,
                    with respect to the furnishing of such services under
                    the plan or coverage, respectively.

    ``SEC. 2799B-3. PROVIDER REQUIREMENTS WITH RESPECT TO DISCLOSURE ON
                  PATIENT PROTECTIONS AGAINST BALANCE BILLING.

        ``Beginning not later than January 1, 2022, each health care
    provider and health care facility shall make publicly available, and
    (if applicable) post on a public website of such provider or facility
    and provide to individuals who are participants, beneficiaries, or
    enrollees of a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer a one-page
    notice (either postal or electronic mail, as specified by the
    participant, beneficiary, or enrollee) in clear and understandable
    language containing information on--
                ``(1) the requirements and prohibitions of such provider or
            facility under sections 2799B-1 and 2799B-2 (relating to
            prohibitions on balance billing in certain circumstances);
                ``(2) any other applicable State law requirements on such
            provider or facility regarding the amounts such provider or
            facility may, with respect to an item or service, charge a
            participant, beneficiary, or enrollee of a group health plan or
            group or individual health insurance coverage offered by a
            health insurance issuer with respect to which such provider or
            facility does not have a contractual relationship for
            furnishing such item or service under the plan or coverage,
            respectively, after receiving payment from the plan or
            coverage, respectively, for such item or service and any
            applicable cost-sharing payment from such participant,
            beneficiary, or enrollee; and
                ``(3) information on contacting appropriate State and
            Federal agencies in the case that an individual believes that
            such provider or facility has violated any requirement
            described in paragraph (1) or (2) with respect to such
            individual.

    ``SEC. 2799B-4. ENFORCEMENT.

        ``(a) State Enforcement.--
                ``(1) State authority.--Each State may require a provider
            or health care facility (including a provider of air ambulance
            services) subject to the requirements of this part to satisfy
            such requirements applicable to the provider or facility.
                ``(2) Failure to implement requirements.--In the case of a
            determination by the Secretary that a State has failed to
            substantially enforce the requirements to which paragraph (1)
            applies with respect to applicable providers and facilities in
            the State, the Secretary shall enforce such requirements under
            subsection (b) insofar as they relate to violations of such
            requirements occurring in such State.
                ``(3) Notification of applicable secretary.--A State may
            notify the Secretary of Labor, Secretary of Health and Human
            Services, or the Secretary of the Treasury, as applicable, of
            instances of violations of sections 2799B-1, 2799B-2, or 2799B-
            5 with respect to participants, beneficiaries, or enrollees
            under a group health plan or group or individual health
            insurance coverage, as applicable offered by a health insurance
            issuer and any enforcement actions taken against providers or
            facilities as a result of such violations, including the
            disposition of any such enforcement actions.
        ``(b) Secretarial Enforcement Authority.--
                ``(1) In general.--If a provider or facility is found by
            the Secretary to be in violation of a requirement to which
            subsection (a)(1) applies, the Secretary may apply a civil
            monetary penalty with respect to such provider or facility
            (including, as applicable, a provider of air ambulance
            services) in an amount not to exceed $10,000 per violation. The
            provisions of subsections (c) (with the exception of the first
            sentence of paragraph (1) of such subsection), (d), (e), (g),
            (h), (k), and (l) of section 1128A of the Social Security Act
            shall apply to a civil monetary penalty or assessment under
            this subsection in the same manner as such provisions apply to
            a penalty, assessment, or proceeding under subsection (a) of
            such section.
                ``(2) Limitation.--The provisions of paragraph (1) shall
            apply to enforcement of a provision (or provisions) specified
            in subsection (a)(1) only as provided under subsection (a)(2).
                ``(3) Complaint process.--The Secretary shall, through
            rulemaking, establish a process to receive consumer complaints
            of violations of such provisions and provide a response to such
            complaints within 60 days of receipt of such complaints.
                ``(4) Exception.--The Secretary shall waive the penalties
            described under paragraph (1) with respect to a facility or
            provider (including a provider of air ambulance services) who
            does not knowingly violate, and should not have reasonably
            known it violated, section 2799B-1 or 2799B-2 (or, in the case
            of a provider of air ambulance services, section 2799B-5) with
            respect to a participant, beneficiary, or enrollee, if such
            facility or provider, within 30 days of the violation,
            withdraws the bill that was in violation of such provision and
            reimburses the health plan or enrollee, as applicable, in an
            amount equal to the difference between the amount billed and
            the amount allowed to be billed under the provision, plus
            interest, at an interest rate determined by the Secretary.
                ``(5) Hardship exemption.--The Secretary may establish a
            hardship exemption to the penalties under this subsection.
        ``(c) Continued Applicability of State Law.--The sections specified
    in subsection (a)(1) shall not be construed to supersede any provision
    of State law which establishes, implements, or continues in effect any
    requirement or prohibition except to the extent that such requirement
    or prohibition prevents the application of a requirement or prohibition
    of such a section.''.
        (b) Secretary of Labor Enforcement.--
                (1) In general.--Part 5 of subtitle B of title I of the
            Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131
            et seq.) is amended by adding at the end the following new
            section:

    ``SEC. 522. COORDINATION OF ENFORCEMENT REGARDING VIOLATIONS OF CERTAIN
                  HEALTH CARE PROVIDER REQUIREMENTS; COMPLAINT PROCESS.

        ``(a) Investigating Violations.--Upon receiving a notice from a
    State or the Secretary of Health and Human Services of violations of
    sections 2799B-1, 2799B-2, or 2799B-5 of the Public Health Service Act,
    the Secretary of Labor shall identify patterns of such violations with
    respect to participants or beneficiaries under a group health plan or
    group health insurance coverage offered by a health insurance issuer
    and conduct an investigation pursuant to section 504 where appropriate,
    as determined by the Secretary. The Secretary shall coordinate with
    States and the Secretary of Health and Human Services, in accordance
    with section 506 and with section 104 of Health Insurance Portability
    and Accountability Act of 1996, where appropriate, as determined by the
    Secretary, to ensure that appropriate measures have been taken to
    correct such violations retrospectively and prospectively with respect
    to participants or beneficiaries under a group health plan or group
    health insurance coverage offered by a health insurance issuer.
        ``(b) Complaint Process.-- Not later than January 1, 2022, the
    Secretary shall ensure a process under which the Secretary--
                ``(1) may receive complaints from participants and
            beneficiaries of group health plans or group health insurance
            coverage offered by a health insurance issuer relating to
            alleged violations of the sections specified in subsection (a);
            and
                ``(2) transmits such complaints to States or the Secretary
            of Health and Human Services (as determined appropriate by the
            Secretary) for potential enforcement actions.''.
                (2) Technical amendment.--The table of contents in section
            1 of the Employee Retirement Income Security Act of 1974 (29
            U.S.C. 1001 et seq.) is amended by inserting after the item
            relating to section 521 the following new item:

    ``Sec. 522. Coordination of enforcement regarding violations of certain
                                health care provider requirements;
                                complaint process.''.

    SEC. 105. ENDING SURPRISE AIR AMBULANCE BILLS.

        (a) Group Health Plans and Individual and Group Health Insurance
    Coverage.--
                (1) PHSA amendments.--Part D of title XXVII of the Public
            Health Service Act, as added and amended by section 102 and
            further amended by the previous provisions of this title, is
            further amended by inserting after section 2799A-1 the
            following:

    ``SEC. 2799A-2. ENDING SURPRISE AIR AMBULANCE BILLS.

        ``(a) In General.--In the case of a participant, beneficiary, or
    enrollee who is in a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer and who
    receives air ambulance services from a nonparticipating provider (as
    defined in section 2799A-1(a)(3)(G)) with respect to such plan or
    coverage, if such services would be covered if provided by a
    participating provider (as defined in such section) with respect to
    such plan or coverage--
                ``(1) the cost-sharing requirement with respect to such
            services shall be the same requirement that would apply if such
            services were provided by such a participating provider, and
            any coinsurance or deductible shall be based on rates that
            would apply for such services if they were furnished by such a
            participating provider;
                ``(2) such cost-sharing amounts shall be counted towards
            the in-network deductible and in-network out-of-pocket maximum
            amount under the plan or coverage for the plan year (and such
            in-network deductible shall be applied) with respect to such
            items and services so furnished in the same manner as if such
            cost-sharing payments were with respect to items and services
            furnished by a participating provider; and
                ``(3) the group health plan or health insurance issuer,
            respectively, shall--
                        ``(A) not later than 30 calendar days after the
                    bill for such services is transmitted by such provider,
                    send to the provider, an initial payment or notice of
                    denial of payment; and
                        ``(B) pay a total plan or coverage payment, in
                    accordance with, if applicable, subsection (b)(6),
                    directly to such provider furnishing such services to
                    such participant, beneficiary, or enrollee that is,
                    with application of any initial payment under
                    subparagraph (A), equal to the amount by which the out-
                    of-network rate (as defined in section 2799A-
                    1(a)(3)(K)) for such services and year involved exceeds
                    the cost-sharing amount imposed under the plan or
                    coverage, respectively, for such services (as
                    determined in accordance with paragraphs (1) and (2)).
        ``(b) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
                ``(1) Determination through open negotiation.--
                        ``(A) In general.--With respect to air ambulance
                    services furnished in a year by a nonparticipating
                    provider, with respect to a group health plan or health
                    insurance issuer offering group or individual health
                    insurance coverage, and for which a payment is required
                    to be made by the plan or coverage pursuant to
                    subsection (a)(3), the provider or plan or coverage
                    may, during the 30-day period beginning on the day the
                    provider receives an initial payment or a notice of
                    denial of payment from the plan or coverage regarding a
                    claim for payment for such service, initiate open
                    negotiations under this paragraph between such provider
                    and plan or coverage for purposes of determining,
                    during the open negotiation period, an amount agreed on
                    by such provider, and such plan or coverage for payment
                    (including any cost-sharing) for such service. For
                    purposes of this subsection, the open negotiation
                    period, with respect to air ambulance services, is the
                    30-day period beginning on the date of initiation of
                    the negotiations with respect to such services.
                        ``(B) Accessing independent dispute resolution
                    process in case of failed negotiations.--In the case of
                    open negotiations pursuant to subparagraph (A), with
                    respect to air ambulance services, that do not result
                    in a determination of an amount of payment for such
                    services by the last day of the open negotiation period
                    described in such subparagraph with respect to such
                    services, the provider or group health plan or health
                    insurance issuer offering group or individual health
                    insurance coverage that was party to such negotiations
                    may, during the 4-day period beginning on the day after
                    such open negotiation period, initiate the independent
                    dispute resolution process under paragraph (2) with
                    respect to such item or service. The independent
                    dispute resolution process shall be initiated by a
                    party pursuant to the previous sentence by submission
                    to the other party and to the Secretary of a
                    notification (containing such information as specified
                    by the Secretary) and for purposes of this subsection,
                    the date of initiation of such process shall be the
                    date of such submission or such other date specified by
                    the Secretary pursuant to regulations that is not later
                    than the date of receipt of such notification by both
                    the other party and the Secretary.
                ``(2) Independent dispute resolution process available in
            case of failed open negotiations.--
                        ``(A) Establishment.--Not later than 1 year after
                    the date of the enactment of this subsection, the
                    Secretary, jointly with the Secretary of Labor and the
                    Secretary of the Treasury, shall establish by
                    regulation one independent dispute resolution process
                    (referred to in this subsection as the `IDR process')
                    under which, in the case of air ambulance services with
                    respect to which a provider or group health plan or
                    health insurance issuer offering group or individual
                    health insurance coverage submits a notification under
                    paragraph (1)(B) (in this subsection referred to as a
                    `qualified IDR air ambulance services'), a certified
                    IDR entity under paragraph (4) determines, subject to
                    subparagraph (B) and in accordance with the succeeding
                    provisions of this subsection, the amount of payment
                    under the plan or coverage for such services furnished
                    by such provider.
                        ``(B) Authority to continue negotiations.--Under
                    the independent dispute resolution process, in the case
                    that the parties to a determination for qualified IDR
                    air ambulance services agree on a payment amount for
                    such services during such process but before the date
                    on which the entity selected with respect to such
                    determination under paragraph (4) makes such
                    determination under paragraph (5), such amount shall be
                    treated for purposes of section 2799A-1(a)(3)(K)(ii) as
                    the amount agreed to by such parties for such services.
                    In the case of an agreement described in the previous
                    sentence, the independent dispute resolution process
                    shall provide for a method to determine how to allocate
                    between the parties to such determination the payment
                    of the compensation of the entity selected with respect
                    to such determination.
                        ``(C) Clarification.--A nonparticipating provider
                    may not, with respect to an item or service furnished
                    by such provider, submit a notification under paragraph
                    (1)(B) if such provider is exempt from the requirement
                    under subsection (a) of section 2799B-2 with respect to
                    such item or service pursuant to subsection (b) of such
                    section.
                ``(3) Treatment of batching of services.--The provisions of
            section 2799A-1(c)(3) shall apply with respect to a
            notification submitted under this subsection with respect to
            air ambulance services in the same manner and to the same
            extent such provisions apply with respect to a notification
            submitted under section 2799A-1(c) with respect to items and
            services described in such section.
                ``(4) Idr entities.--
                        ``(A) Eligibility.--An IDR entity certified under
                    this subsection is an IDR entity certified under
                    section 2799A-1(c)(4).
                        ``(B) Selection of certified idr entity.--The
                    provisions of subparagraph (F) of section 2799A-1(c)(4)
                    shall apply with respect to selecting an IDR entity
                    certified pursuant to subparagraph (A) with respect to
                    the determination of the amount of payment under this
                    subsection of air ambulance services in the same manner
                    as such provisions apply with respect to selecting an
                    IDR entity certified under such section with respect to
                    the determination of the amount of payment under
                    section 2799A-1(c) of an item or service. An entity
                    selected pursuant to the previous sentence to make a
                    determination described in such sentence shall be
                    referred to in this subsection as the `certified IDR
                    entity' with respect to such determination.
                ``(5) Payment determination.--
                        ``(A) In general.--Not later than 30 days after the
                    date of selection of the certified IDR entity with
                    respect to a determination for qualified IDR ambulance
                    services, the certified IDR entity shall--
                                ``(i) taking into account the
                            considerations specified in subparagraph (C),
                            select one of the offers submitted under
                            subparagraph (B) to be the amount of payment
                            for such services determined under this
                            subsection for purposes of subsection (a)(3);
                            and
                                ``(ii) notify the provider or facility and
                            the group health plan or health insurance
                            issuer offering group or individual health
                            insurance coverage party to such determination
                            of the offer selected under clause (i).
                        ``(B) Submission of offers.--Not later than 10 days
                    after the date of selection of the certified IDR entity
                    with respect to a determination for qualified IDR air
                    ambulance services, the provider and the group health
                    plan or health insurance issuer offering group or
                    individual health insurance coverage party to such
                    determination--
                                ``(i) shall each submit to the certified
                            IDR entity with respect to such determination--
                                        ``(I) an offer for a payment amount
                                    for such services furnished by such
                                    provider; and
                                        ``(II) such information as
                                    requested by the certified IDR entity
                                    relating to such offer; and
                                ``(ii) may each submit to the certified IDR
                            entity with respect to such determination any
                            information relating to such offer submitted by
                            either party, including information relating to
                            any circumstance described in subparagraph
                            (C)(ii).
                        ``(C) Considerations in determination.--
                                ``(i) In general.--In determining which
                            offer is the payment to be applied pursuant to
                            this paragraph, the certified IDR entity, with
                            respect to the determination for a qualified
                            IDR air ambulance service shall consider--
                                        ``(I) the qualifying payment
                                    amounts (as defined in section 2799A-
                                    1(a)(3)(E)) for the applicable year for
                                    items or services that are comparable
                                    to the qualified IDR air ambulance
                                    service and that are furnished in the
                                    same geographic region (as defined by
                                    the Secretary for purposes of such
                                    subsection) as such qualified IDR air
                                    ambulance service; and
                                        ``(II) subject to clause (iii),
                                    information on any circumstance
                                    described in clause (ii), such
                                    information as requested in
                                    subparagraph (B)(i)(II), and any
                                    additional information provided in
                                    subparagraph (B)(ii).
                                ``(ii) Additional circumstances.--For
                            purposes of clause (i)(II), the circumstances
                            described in this clause are, with respect to
                            air ambulance services included in the
                            notification submitted under paragraph (1)(B)
                            of a nonparticipating provider, group health
                            plan, or health insurance issuer the following:
                                        ``(I) The quality and outcomes
                                    measurements of the provider that
                                    furnished such services.
                                        ``(II) The acuity of the individual
                                    receiving such services or the
                                    complexity of furnishing such services
                                    to such individual.
                                        ``(III) The training, experience,
                                    and quality of the medical personnel
                                    that furnished such services.
                                        ``(IV) Ambulance vehicle type,
                                    including the clinical capability level
                                    of such vehicle.
                                        ``(V) Population density of the
                                    pick up location (such as urban,
                                    suburban, rural, or frontier).
                                        ``(VI) Demonstrations of good faith
                                    efforts (or lack of good faith efforts)
                                    made by the nonparticipating provider
                                    or nonparticipating facility or the
                                    plan or issuer to enter into network
                                    agreements and, if applicable,
                                    contracted rates between the provider
                                    and the plan or issuer, as applicable,
                                    during the previous 4 plan years.
                                ``(iii) Prohibition on consideration of
                            certain factors.--In determining which offer is
                            the payment amount to be applied with respect
                            to qualified IDR air ambulance services
                            furnished by a provider, the certified IDR
                            entity with respect to such determination shall
                            not consider usual and customary charges, the
                            amount that would have been billed by such
                            provider with respect to such services had the
                            provisions of section 2799B-5 not applied, or
                            the payment or reimbursement rate for such
                            services furnished by such provider payable by
                            a public payor, including under the Medicare
                            program under title XVIII of the Social
                            Security Act, under the Medicaid program under
                            title XIX of such Act, under the Children's
                            Health Insurance Program under title XXI of
                            such Act, under the TRICARE program under
                            chapter 55 of title 10, United States Code, or
                            under chapter 17 of title 38, United States
                            Code.
                        ``(D) Effects of determination.--The provisions of
                    section 2799A-1(c)(5)(E)) shall apply with respect to a
                    determination of a certified IDR entity under
                    subparagraph (A), the notification submitted with
                    respect to such determination, the services with
                    respect to such notification, and the parties to such
                    notification in the same manner as such provisions
                    apply with respect to a determination of a certified
                    IDR entity under section 2799A-1(c)(5)(E), the
                    notification submitted with respect to such
                    determination, the items and services with respect to
                    such notification, and the parties to such
                    notification.
                        ``(E) Costs of independent dispute resolution
                    process.--The provisions of section 2799A-1(c)(5)(F)
                    shall apply to a notification made under this
                    subsection, the parties to such notification, and a
                    determination under subparagraph (A) in the same manner
                    and to the same extent such provisions apply to a
                    notification under section 2799A-1(c), the parties to
                    such notification and a determination made under
                    section 2799A-1(c)(5)(A).
                ``(6) Timing of payment.--The total plan or coverage
            payment required pursuant to subsection (a)(3), with respect to
            qualified IDR air ambulance services for which a determination
            is made under paragraph (5)(A) or with respect to an air
            ambulance service for which a payment amount is determined
            under open negotiations under paragraph (1), shall be made
            directly to the nonparticipating provider not later than 30
            days after the date on which such determination is made.
                ``(7) Publication of information relating to the idr
            process.--
                        ``(A) In general.--For each calendar quarter in
                    2022 and each calendar quarter in a subsequent year,
                    the Secretary shall publish on the public website of
                    the Department of Health and Human Services--
                                ``(i) the number of notifications submitted
                            under the IDR process during such calendar
                            quarter;
                                ``(ii) the number of such notifications
                            with respect to which a final determination was
                            made under paragraph (5)(A);
                                ``(iii) the information described in
                            subparagraph (B) with respect to each
                            notification with respect to which such a
                            determination was so made.
                                ``(iv) the number of times the payment
                            amount determined (or agreed to) under this
                            subsection exceeds the qualifying payment
                            amount;
                                ``(v) the amount of expenditures made by
                            the Secretary during such calendar quarter to
                            carry out the IDR process;
                                ``(vi) the total amount of fees paid under
                            paragraph (8) during such calendar quarter; and
                                ``(vii) the total amount of compensation
                            paid to certified IDR entities under paragraph
                            (5)(E)during such calendar quarter.
                        ``(B) Information with respect to requests.--For
                    purposes of subparagraph (A), the information described
                    in this subparagraph is, with respect to a notification
                    under the IDR process of a nonparticipating provider,
                    group health plan, or health insurance issuer offering
                    group or individual health insurance coverage--
                                ``(i) a description of each air ambulance
                            service included in such notification;
                                ``(ii) the geography in which the services
                            included in such notification were provided;
                                ``(iii) the amount of the offer submitted
                            under paragraph (2) by the group health plan or
                            health insurance issuer (as applicable) and by
                            the nonparticipating provider expressed as a
                            percentage of the qualifying payment amount;
                                ``(iv) whether the offer selected by the
                            certified IDR entity under paragraph (5) to be
                            the payment applied was the offer submitted by
                            such plan or issuer (as applicable) or by such
                            provider and the amount of such offer so
                            selected expressed as a percentage of the
                            qualifying payment amount;
                                ``(v) ambulance vehicle type, including the
                            clinical capability level of such vehicle;
                                ``(vi) the identity of the group health
                            plan or health insurance issuer or air
                            ambulance provider with respect to such
                            notification;
                                ``(vii) the length of time in making each
                            determination;
                                ``(viii) the compensation paid to the
                            certified IDR entity with respect to the
                            settlement or determination; and
                                ``(ix) any other information specified by
                            the Secretary.
                        ``(C) IDR entity requirements.--For 2022 and each
                    subsequent year, an IDR entity, as a condition of
                    certification as an IDR entity, shall submit to the
                    Secretary such information as the Secretary determines
                    necessary for the Secretary to carry out the provisions
                    of this paragraph.
                        ``(D) Clarification.--The Secretary shall ensure
                    the public reporting under this paragraph does not
                    contain information that would disclose privileged or
                    confidential information of a group health plan or
                    health insurance issuer offering group or individual
                    health insurance coverage or of a provider or facility.
                ``(8) Administrative fee.--
                        ``(A) In general.--Each party to a determination
                    under paragraph (5) to which an entity is selected
                    under paragraph (4) in a year shall pay to the
                    Secretary, at such time and in such manner as specified
                    by the Secretary, a fee for participating in the IDR
                    process with respect to such determination in an amount
                    described in subparagraph (B) for such year.
                        ``(B) Amount of fee.--The amount described in this
                    subparagraph for a year is an amount established by the
                    Secretary in a manner such that the total amount of
                    fees paid under this paragraph for such year is
                    estimated to be equal to the amount of expenditures
                    estimated to be made by the Secretary for such year in
                    carrying out the IDR process.
                ``(9) Waiver authority.--The Secretary may modify any
            deadline or other timing requirement specified under this
            subsection (other than the establishment date for the IDR
            process under paragraph (2)(A) and other than under paragraph
            (6)) in cases of extenuating circumstances, as specified by the
            Secretary, or to ensure that all claims that occur during a 90-
            day period applied through paragraph (5)(D), but with respect
            to which a notification is not permitted by reason of such
            paragraph to be submitted under paragraph (1)(B) during such
            period, are eligible for the IDR process.
        ``(c) Definitions.--For purposes of this section:
                ``(1) Air ambulance service.--The term `air ambulance
            service' means medical transport by helicopter or airplane for
            patients.
                ``(2) Qualifying payment amount.--The term `qualifying
            payment amount' has the meaning given such term in section
            2799A-1(a)(3).
                ``(3) Nonparticipating provider.--The term
            `nonparticipating provider' has the meaning given such term in
            section 2799A-1(a)(3).''.
                (2) ERISA amendment.--
                        (A) In general.--Subpart B of part 7 of title I of
                    the Employee Retirement Income Security Act of 1974 (29
                    U.S.C. 1185 et seq.), as amended by section 102(b) and
                    further amended by the previous provisions of this
                    title, is further amended by inserting after section
                    716 the following:

    ``SEC. 717. ENDING SURPRISE AIR AMBULANCE BILLS.

        ``(a) In General.--In the case of a participant or beneficiary who
    is in a group health plan or group health insurance coverage offered by
    a health insurance issuer and who receives air ambulance services from
    a nonparticipating provider (as defined in section 716(a)(3)(G)) with
    respect to such plan or coverage, if such services would be covered if
    provided by a participating provider (as defined in such section) with
    respect to such plan or coverage--
                ``(1) the cost-sharing requirement with respect to such
            services shall be the same requirement that would apply if such
            services were provided by such a participating provider, and
            any coinsurance or deductible shall be based on rates that
            would apply for such services if they were furnished by such a
            participating provider;
                ``(2) such cost-sharing amounts shall be counted towards
            the in-network deductible and in-network out-of-pocket maximum
            amount under the plan or coverage for the plan year (and such
            in-network deductible shall be applied) with respect to such
            items and services so furnished in the same manner as if such
            cost-sharing payments were with respect to items and services
            furnished by a participating provider; and
                ``(3) the group health plan or health insurance issuer,
            respectively, shall--
                        ``(A) not later than 30 calendar days after the
                    bill for such services is transmitted by such provider,
                    send to the provider, an initial payment or notice of
                    denial of payment; and
                        ``(B) pay a total plan or coverage payment, in
                    accordance with, if applicable, subsection (b)(6),
                    directly to such provider furnishing such services to
                    such participant, beneficiary, or enrollee that is,
                    with application of any initial payment under
                    subparagraph (A), equal to the amount by which the out-
                    of-network rate (as defined in section 716(a)(3)(K))
                    for such services and year involved exceeds the cost-
                    sharing amount imposed under the plan or coverage,
                    respectively, for such services (as determined in
                    accordance with paragraphs (1) and (2)).
        ``(b) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
                ``(1) Determination through open negotiation.--
                        ``(A) In general.--With respect to air ambulance
                    services furnished in a year by a nonparticipating
                    provider, with respect to a group health plan or health
                    insurance issuer offering group health insurance
                    coverage, and for which a payment is required to be
                    made by the plan or coverage pursuant to subsection
                    (a)(3), the provider or plan or coverage may, during
                    the 30-day period beginning on the day the provider
                    receives a payment or a statement of denial of payment
                    from the plan or coverage regarding a claim for payment
                    for such service, initiate open negotiations under this
                    paragraph between such provider and plan or coverage
                    for purposes of determining, during the open
                    negotiation period, an amount agreed on by such
                    provider, and such plan or coverage for payment
                    (including any cost-sharing) for such service. For
                    purposes of this subsection, the open negotiation
                    period, with respect to air ambulance services, is the
                    30-day period beginning on the date of initiation of
                    the negotiations with respect to such services.
                        ``(B) Accessing independent dispute resolution
                    process in case of failed negotiations.--In the case of
                    open negotiations pursuant to subparagraph (A), with
                    respect to air ambulance services, that do not result
                    in a determination of an amount of payment for such
                    services by the last day of the open negotiation period
                    described in such subparagraph with respect to such
                    services, the provider or group health plan or health
                    insurance issuer offering group health insurance
                    coverage that was party to such negotiations may,
                    during the 4-day period beginning on the day after such
                    open negotiation period, initiate the independent
                    dispute resolution process under paragraph (2) with
                    respect to such item or service. The independent
                    dispute resolution process shall be initiated by a
                    party pursuant to the previous sentence by submission
                    to the other party and to the Secretary of a
                    notification (containing such information as specified
                    by the Secretary) and for purposes of this subsection,
                    the date of initiation of such process shall be the
                    date of such submission or such other date specified by
                    the Secretary pursuant to regulations that is not later
                    than the date of receipt of such notification by both
                    the other party and the Secretary.
                ``(2) Independent dispute resolution process available in
            case of failed open negotiations.--
                        ``(A) Establishment.--Not later than 1 year after
                    the date of the enactment of this subsection, the
                    Secretary, jointly with the Secretary of Health and
                    Human Services and the Secretary of the Treasury, shall
                    establish by regulation one independent dispute
                    resolution process (referred to in this subsection as
                    the `IDR process') under which, in the case of air
                    ambulance services with respect to which a provider or
                    group health plan or health insurance issuer offering
                    group health insurance coverage submits a notification
                    under paragraph (1)(B) (in this subsection referred to
                    as a `qualified IDR air ambulance services'), a
                    certified IDR entity under paragraph (4) determines,
                    subject to subparagraph (B) and in accordance with the
                    succeeding provisions of this subsection, the amount of
                    payment under the plan or coverage for such services
                    furnished by such provider.
                        ``(B) Authority to continue negotiations.--Under
                    the independent dispute resolution process, in the case
                    that the parties to a determination for qualified IDR
                    air ambulance services agree on a payment amount for
                    such services during such process but before the date
                    on which the entity selected with respect to such
                    determination under paragraph (4) makes such
                    determination under paragraph (5), such amount shall be
                    treated for purposes of section 716(a)(3)(K)(ii) as the
                    amount agreed to by such parties for such services. In
                    the case of an agreement described in the previous
                    sentence, the independent dispute resolution process
                    shall provide for a method to determine how to allocate
                    between the parties to such determination the payment
                    of the compensation of the entity selected with respect
                    to such determination.
                        ``(C) Clarification.--A nonparticipating provider
                    may not, with respect to an item or service furnished
                    by such provider, submit a notification under paragraph
                    (1)(B) if such provider is exempt from the requirement
                    under subsection (a) of section 2799B-2 of the Public
                    Health Service Act with respect to such item or service
                    pursuant to subsection (b) of such section.
                ``(3) Treatment of batching of services.--The provisions of
            section 716(c)(3) shall apply with respect to a notification
            submitted under this subsection with respect to air ambulance
            services in the same manner and to the same extent such
            provisions apply with respect to a notification submitted under
            section 716(c) with respect to items and services described in
            such section.
                ``(4) Idr entities.--
                        ``(A) Eligibility.--An IDR entity certified under
                    this subsection is an IDR entity certified under
                    section 716(c)(4).
                        ``(B) Selection of certified idr entity.--The
                    provisions of subparagraph (F) of section 716(c)(4)
                    shall apply with respect to selecting an IDR entity
                    certified pursuant to subparagraph (A) with respect to
                    the determination of the amount of payment under this
                    subsection of air ambulance services in the same manner
                    as such provisions apply with respect to selecting an
                    IDR entity certified under such section with respect to
                    the determination of the amount of payment under
                    section 716(c) of an item or service. An entity
                    selected pursuant to the previous sentence to make a
                    determination described in such sentence shall be
                    referred to in this subsection as the `certified IDR
                    entity' with respect to such determination.
                ``(5) Payment determination.--
                        ``(A) In general.--Not later than 30 days after the
                    date of selection of the certified IDR entity with
                    respect to a determination for qualified IDR ambulance
                    services, the certified IDR entity shall--
                                ``(i) taking into account the
                            considerations specified in subparagraph (C),
                            select one of the offers submitted under
                            subparagraph (B) to be the amount of payment
                            for such services determined under this
                            subsection for purposes of subsection (a)(3);
                            and
                                ``(ii) notify the provider or facility and
                            the group health plan or health insurance
                            issuer offering group health insurance coverage
                            party to such determination of the offer
                            selected under clause (i).
                        ``(B) Submission of offers.--Not later than 10 days
                    after the date of selection of the certified IDR entity
                    with respect to a determination for qualified IDR air
                    ambulance services, the provider and the group health
                    plan or health insurance issuer offering group health
                    insurance coverage party to such determination--
                                ``(i) shall each submit to the certified
                            IDR entity with respect to such determination--
                                        ``(I) an offer for a payment amount
                                    for such services furnished by such
                                    provider; and
                                        ``(II) such information as
                                    requested by the certified IDR entity
                                    relating to such offer; and
                                ``(ii) may each submit to the certified IDR
                            entity with respect to such determination any
                            information relating to such offer submitted by
                            either party, including information relating to
                            any circumstance described in subparagraph
                            (C)(ii).
                        ``(C) Considerations in determination.--
                                ``(i) In general.--In determining which
                            offer is the payment to be applied pursuant to
                            this paragraph, the certified IDR entity, with
                            respect to the determination for a qualified
                            IDR air ambulance service shall consider--
                                        ``(I) the qualifying payment
                                    amounts (as defined in section
                                    716(a)(3)(E)) for the applicable year
                                    for items and services that are
                                    comparable to the qualified IDR air
                                    ambulance service and that are
                                    furnished in the same geographic region
                                    (as defined by the Secretary for
                                    purposes of such subsection) as such
                                    qualified IDR air ambulance service;
                                    and
                                        ``(II) subject to clause (iii),
                                    information on any circumstance
                                    described in clause (ii), such
                                    information as requested in
                                    subparagraph (B)(i)(II), and any
                                    additional information provided in
                                    subparagraph (B)(ii).
                                ``(ii) Additional circumstances.--For
                            purposes of clause (i)(II), the circumstances
                            described in this clause are, with respect to
                            air ambulance services included in the
                            notification submitted under paragraph (1)(B)
                            of a nonparticipating provider, group health
                            plan, or health insurance issuer the following:
                                        ``(I) The quality and outcomes
                                    measurements of the provider that
                                    furnished such services.
                                        ``(II) The acuity of the individual
                                    receiving such services or the
                                    complexity of furnishing such services
                                    to such individual.
                                        ``(III) The training, experience,
                                    and quality of the medical personnel
                                    that furnished such services.
                                        ``(IV) Ambulance vehicle type,
                                    including the clinical capability level
                                    of such vehicle.
                                        ``(V) Population density of the
                                    pick up location (such as urban,
                                    suburban, rural, or frontier).
                                        ``(VI) Demonstrations of good faith
                                    efforts (or lack of good faith efforts)
                                    made by the nonparticipating provider
                                    or nonparticipating facility or the
                                    plan or issuer to enter into network
                                    agreements and, if applicable,
                                    contracted rates between the provider
                                    and the plan or issuer, as applicable,
                                    during the previous 4 plan years.
                                ``(iii) Prohibition on consideration of
                            certain factors.--In determining which offer is
                            the payment amount to be applied with respect
                            to qualified IDR air ambulance services
                            furnished by a provider, the certified IDR
                            entity with respect to such determination shall
                            not consider usual and customary charges, the
                            amount that would have been billed by such
                            provider with respect to such services had the
                            provisions of section 2799B-5 of the Public
                            Health Service Act not applied, or the payment
                            or reimbursement rate for such services
                            furnished by such provider payable by a public
                            payor, including under the Medicare program
                            under title XVIII of the Social Security Act,
                            under the Medicaid program under title XIX of
                            such Act, under the Children's Health Insurance
                            Program under title XXI of such Act, under the
                            TRICARE program under chapter 55 of title 10,
                            United States Code, or under chapter 17 of
                            title 38, United States Code.
                        ``(D) Effects of determination.--The provisions of
                    section 716(c)(5)(E)) shall apply with respect to a
                    determination of a certified IDR entity under
                    subparagraph (A), the notification submitted with
                    respect to such determination, the services with
                    respect to such notification, and the parties to such
                    notification in the same manner as such provisions
                    apply with respect to a determination of a certified
                    IDR entity under section 716(c)(5)(E), the notification
                    submitted with respect to such determination, the items
                    and services with respect to such notification, and the
                    parties to such notification.
                        ``(E) Costs of independent dispute resolution
                    process.--The provisions of section 716(c)(5)(F) shall
                    apply to a notification made under this subsection, the
                    parties to such notification, and a determination under
                    subparagraph (A) in the same manner and to the same
                    extent such provisions apply to a notification under
                    section 716(c), the parties to such notification and a
                    determination made under section 716(c)(5)(A).
                ``(6) Timing of payment.--The total plan or coverage
            payment required pursuant to subsection (a)(3), with respect to
            qualified IDR air ambulance services for which a determination
            is made under paragraph (5)(A) or with respect to air ambulance
            services for which a payment amount is determined under open
            negotiations under paragraph (1), shall be made directly to the
            nonparticipating provider not later than 30 days after the date
            on which such determination is made.
                ``(7) Publication of information relating to the idr
            process.--
                        ``(A) In general.--For each calendar quarter in
                    2022 and each calendar quarter in a subsequent year,
                    the Secretary shall publish on the public website of
                    the Department of Labor--
                                ``(i) the number of notifications submitted
                            under the IDR process during such calendar
                            quarter;
                                ``(ii) the number of such notifications
                            with respect to which a final determination was
                            made under paragraph (5)(A);
                                ``(iii) the information described in
                            subparagraph (B) with respect to each
                            notification with respect to which such a
                            determination was so made.
                                ``(iv) the number of times the payment
                            amount determined (or agreed to) under this
                            subsection exceeds the qualifying payment
                            amount;
                                ``(v) the amount of expenditures made by
                            the Secretary during such calendar quarter to
                            carry out the IDR process;
                                ``(vi) the total amount of fees paid under
                            paragraph (8) during such calendar quarter; and
                                ``(vii) the total amount of compensation
                            paid to certified IDR entities under paragraph
                            (5)(E)during such calendar quarter.
                        ``(B) Information with respect to requests.--For
                    purposes of subparagraph (A), the information described
                    in this subparagraph is, with respect to a notification
                    under the IDR process of a nonparticipating provider,
                    group health plan, or health insurance issuer offering
                    group health insurance coverage--
                                ``(i) a description of each air ambulance
                            service included in such notification;
                                ``(ii) the geography in which the services
                            included in such notification were provided;
                                ``(iii) the amount of the offer submitted
                            under paragraph (2) by the group health plan or
                            health insurance issuer (as applicable) and by
                            the nonparticipating provider expressed as a
                            percentage of the qualifying payment amount;
                                ``(iv) whether the offer selected by the
                            certified IDR entity under paragraph (5) to be
                            the payment applied was the offer submitted by
                            such plan or issuer (as applicable) or by such
                            provider and the amount of such offer so
                            selected expressed as a percentage of the
                            qualifying payment amount;
                                ``(v) ambulance vehicle type, including the
                            clinical capability level of such vehicle;
                                ``(vi) the identity of the group health
                            plan or health insurance issuer or air
                            ambulance provider with respect to such
                            notification;
                                ``(vii) the length of time in making each
                            determination;
                                ``(viii) the compensation paid to the
                            certified IDR entity with respect to the
                            settlement or determination; and
                                ``(ix) any other information specified by
                            the Secretary.
                        ``(C) IDR entity requirements.--For 2022 and each
                    subsequent year, an IDR entity, as a condition of
                    certification as an IDR entity, shall submit to the
                    Secretary such information as the Secretary determines
                    necessary for the Secretary to carry out the provisions
                    of this paragraph.
                        ``(D) Clarification.--The Secretary shall ensure
                    the public reporting under this paragraph does not
                    contain information that would disclose privileged or
                    confidential information of a group health plan or
                    health insurance issuer offering group or individual
                    health insurance coverage or of a provider or facility.
                ``(8) Administrative fee.--
                        ``(A) In general.--Each party to a determination
                    under paragraph (5) to which an entity is selected
                    under paragraph (4) in a year shall pay to the
                    Secretary, at such time and in such manner as specified
                    by the Secretary, a fee for participating in the IDR
                    process with respect to such determination in an amount
                    described in subparagraph (B) for such year.
                        ``(B) Amount of fee.--The amount described in this
                    subparagraph for a year is an amount established by the
                    Secretary in a manner such that the total amount of
                    fees paid under this paragraph for such year is
                    estimated to be equal to the amount of expenditures
                    estimated to be made by the Secretary for such year in
                    carrying out the IDR process.
                ``(9) Waiver authority.--The Secretary may modify any
            deadline or other timing requirement specified under this
            subsection (other than the establishment date for the IDR
            process under paragraph (2)(A) and other than under paragraph
            (6)) in cases of extenuating circumstances, as specified by the
            Secretary, or to ensure that all claims that occur during a 90-
            day period applied through paragraph (5)(D), but with respect
            to which a notification is not permitted by reason of such
            paragraph to be submitted under paragraph (1)(B) during such
            period, are eligible for the IDR process.
        ``(c) Definition.--For purposes of this section:
                ``(1) Air ambulance services.--The term `air ambulance
            service' means medical transport by helicopter or airplane for
            patients.
                ``(2) Qualifying payment amount.--The term `qualifying
            payment amount' has the meaning given such term in section
            716(a)(3).
                ``(3) Nonparticipating provider.--The term
            `nonparticipating provider' has the meaning given such term in
            section 716(a)(3).''.
                (3) IRC amendments.--
                        (A) In general.--Subchapter B of chapter 100 of the
                    Internal Revenue Code of 1986, as amended by section
                    102(c) and further amended by the previous provisions
                    of this title, is further amended by inserting after
                    section 9816 the following:

    ``SEC. 9817. ENDING SURPRISE AIR AMBULANCE BILLS.

        ``(a) In General.--In the case of a participant or beneficiary in a
    group health plan who receives air ambulance services from a
    nonparticipating provider (as defined in section 9816(a)(3)(G)) with
    respect to such plan, if such services would be covered if provided by
    a participating provider (as defined in such section) with respect to
    such plan--
                ``(1) the cost-sharing requirement with respect to such
            services shall be the same requirement that would apply if such
            services were provided by such a participating provider, and
            any coinsurance or deductible shall be based on rates that
            would apply for such services if they were furnished by such a
            participating provider;
                ``(2) such cost-sharing amounts shall be counted towards
            the in-network deductible and in-network out-of-pocket maximum
            amount under the plan for the plan year (and such in-network
            deductible shall be applied) with respect to such items and
            services so furnished in the same manner as if such cost-
            sharing payments were with respect to items and services
            furnished by a participating provider; and
                ``(3) the group health plan shall--
                        ``(A) not later than 30 calendar days after the
                    bill for such services is transmitted by such provider,
                    send to the provider, an initial payment or notice of
                    denial of payment; and
                        ``(B) pay a total plan payment, in accordance with,
                    if applicable, subsection (b)(6), directly to such
                    provider furnishing such services to such participant,
                    beneficiary, or enrollee that is, with application of
                    any initial payment under subparagraph (A), equal to
                    the amount by which the out-of-network rate (as defined
                    in section 9816(a)(3)(K)) for such services and year
                    involved exceeds the cost-sharing amount imposed under
                    the plan for such services (as determined in accordance
                    with paragraphs (1) and (2)).
        ``(b) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
                ``(1) Determination through open negotiation.--
                        ``(A) In general.--With respect to air ambulance
                    services furnished in a year by a nonparticipating
                    provider, with respect to a group health plan, and for
                    which a payment is required to be made by the plan
                    pursuant to subsection (a)(3), the provider or plan
                    may, during the 30-day period beginning on the day the
                    provider receives a payment or a statement of denial of
                    payment from the plan regarding a claim for payment for
                    such service, initiate open negotiations under this
                    paragraph between such provider and plan for purposes
                    of determining, during the open negotiation period, an
                    amount agreed on by such provider, and such plan for
                    payment (including any cost-sharing) for such service.
                    For purposes of this subsection, the open negotiation
                    period, with respect to air ambulance services, is the
                    30-day period beginning on the date of initiation of
                    the negotiations with respect to such services.
                        ``(B) Accessing independent dispute resolution
                    process in case of failed negotiations.--In the case of
                    open negotiations pursuant to subparagraph (A), with
                    respect to air ambulance services, that do not result
                    in a determination of an amount of payment for such
                    services by the last day of the open negotiation period
                    described in such subparagraph with respect to such
                    services, the provider or group health plan that was
                    party to such negotiations may, during the 4-day period
                    beginning on the day after such open negotiation
                    period, initiate the independent dispute resolution
                    process under paragraph (2) with respect to such
                    services. The independent dispute resolution process
                    shall be initiated by a party pursuant to the previous
                    sentence by submission to the other party and to the
                    Secretary of a notification (containing such
                    information as specified by the Secretary) and for
                    purposes of this subsection, the date of initiation of
                    such process shall be the date of such submission or
                    such other date specified by the Secretary pursuant to
                    regulations that is not later than the date of receipt
                    of such notification by both the other party and the
                    Secretary.
                ``(2) Independent dispute resolution process available in
            case of failed open negotiations.--
                        ``(A) Establishment.--Not later than 1 year after
                    the date of the enactment of this subsection, the
                    Secretary, jointly with the Secretary of Health and
                    Human Services and the Secretary of Labor, shall
                    establish by regulation one independent dispute
                    resolution process (referred to in this subsection as
                    the `IDR process') under which, in the case of air
                    ambulance services with respect to which a provider or
                    group health plan submits a notification under
                    paragraph (1)(B) (in this subsection referred to as a
                    `qualified IDR air ambulance services'), a certified
                    IDR entity under paragraph (4) determines, subject to
                    subparagraph (B) and in accordance with the succeeding
                    provisions of this subsection, the amount of payment
                    under the plan for such services furnished by such
                    provider.
                        ``(B) Authority to continue negotiations.--Under
                    the independent dispute resolution process, in the case
                    that the parties to a determination for qualified IDR
                    air ambulance services agree on a payment amount for
                    such services during such process but before the date
                    on which the entity selected with respect to such
                    determination under paragraph (4) makes such
                    determination under paragraph (5), such amount shall be
                    treated for purposes of section 9816(a)(3)(K)(ii) as
                    the amount agreed to by such parties for such services.
                    In the case of an agreement described in the previous
                    sentence, the independent dispute resolution process
                    shall provide for a method to determine how to allocate
                    between the parties to such determination the payment
                    of the compensation of the entity selected with respect
                    to such determination.
                        ``(C) Clarification.--A nonparticipating provider
                    may not, with respect to an item or service furnished
                    by such provider, submit a notification under paragraph
                    (1)(B) if such provider is exempt from the requirement
                    under subsection (a) of section 2799B-2 of the Public
                    Health Service Act with respect to such item or service
                    pursuant to subsection (b) of such section.
                ``(3) Treatment of batching of services.--The provisions of
            section 9816(c)(3) shall apply with respect to a notification
            submitted under this subsection with respect to air ambulance
            services in the same manner and to the same extent such
            provisions apply with respect to a notification submitted under
            section 9816(c) with respect to items and services described in
            such section.
                ``(4) Idr entities.--
                        ``(A) Eligibility.--An IDR entity certified under
                    this subsection is an IDR entity certified under
                    section 9816(c)(4).
                        ``(B) Selection of certified idr entity.--The
                    provisions of subparagraph (F) of section 9816(c)(4)
                    shall apply with respect to selecting an IDR entity
                    certified pursuant to subparagraph (A) with respect to
                    the determination of the amount of payment under this
                    subsection of air ambulance services in the same manner
                    as such provisions apply with respect to selecting an
                    IDR entity certified under such section with respect to
                    the determination of the amount of payment under
                    section 9816(c) of an item or service. An entity
                    selected pursuant to the previous sentence to make a
                    determination described in such sentence shall be
                    referred to in this subsection as the `certified IDR
                    entity' with respect to such determination.
                ``(5) Payment determination.--
                        ``(A) In general.--Not later than 30 days after the
                    date of selection of the certified IDR entity with
                    respect to a determination for qualified IDR ambulance
                    services, the certified IDR entity shall--
                                ``(i) taking into account the
                            considerations specified in subparagraph (C),
                            select one of the offers submitted under
                            subparagraph (B) to be the amount of payment
                            for such services determined under this
                            subsection for purposes of subsection (a)(3);
                            and
                                ``(ii) notify the provider or facility and
                            the group health plan party to such
                            determination of the offer selected under
                            clause (i).
                        ``(B) Submission of offers.--Not later than 10 days
                    after the date of selection of the certified IDR entity
                    with respect to a determination for qualified IDR air
                    ambulance services, the provider and the group health
                    plan party to such determination--
                                ``(i) shall each submit to the certified
                            IDR entity with respect to such determination--
                                        ``(I) an offer for a payment amount
                                    for such services furnished by such
                                    provider; and
                                        ``(II) such information as
                                    requested by the certified IDR entity
                                    relating to such offer; and
                                ``(ii) may each submit to the certified IDR
                            entity with respect to such determination any
                            information relating to such offer submitted by
                            either party, including information relating to
                            any circumstance described in subparagraph
                            (C)(ii).
                        ``(C) Considerations in determination.--
                                ``(i) In general.--In determining which
                            offer is the payment to be applied pursuant to
                            this paragraph, the certified IDR entity, with
                            respect to the determination for a qualified
                            IDR air ambulance service shall consider--
                                        ``(I) the qualifying payment
                                    amounts (as defined in section
                                    9816(a)(3)(E)) for the applicable year
                                    for items or services that are
                                    comparable to the qualified IDR air
                                    ambulance service and that are
                                    furnished in the same geographic region
                                    (as defined by the Secretary for
                                    purposes of such subsection) as such
                                    qualified IDR air ambulance service;
                                    and
                                        ``(II) subject to clause (iii),
                                    information on any circumstance
                                    described in clause (ii), such
                                    information as requested in
                                    subparagraph (B)(i)(II), and any
                                    additional information provided in
                                    subparagraph (B)(ii).
                                ``(ii) Additional circumstances.--For
                            purposes of clause (i)(II), the circumstances
                            described in this clause are, with respect to
                            air ambulance services included in the
                            notification submitted under paragraph (1)(B)
                            of a nonparticipating provider, or group health
                            plan the following:
                                        ``(I) The quality and outcomes
                                    measurements of the provider that
                                    furnished such services.
                                        ``(II) The acuity of the individual
                                    receiving such services or the
                                    complexity of furnishing such services
                                    to such individual.
                                        ``(III) The training, experience,
                                    and quality of the medical personnel
                                    that furnished such services.
                                        ``(IV) Ambulance vehicle type,
                                    including the clinical capability level
                                    of such vehicle.
                                        ``(V) Population density of the
                                    pick up location (such as urban,
                                    suburban, rural, or frontier).
                                        ``(VI) Demonstrations of good faith
                                    efforts (or lack of good faith efforts)
                                    made by the nonparticipating provider
                                    or nonparticipating facility or the
                                    plan to enter into network agreements
                                    and, if applicable, contracted rates
                                    between the provider and the plan
                                    during the previous 4 plan years.
                                ``(iii) Prohibition on consideration of
                            certain factors.--In determining which offer is
                            the payment amount to be applied with respect
                            to qualified IDR air ambulance services
                            furnished by a provider, the certified IDR
                            entity with respect to such determination shall
                            not consider usual and customary charges, the
                            amount that would have been billed by such
                            provider with respect to such services had the
                            provisions of section 2799B-5 of the Public
                            Health Service Act not applied, or the payment
                            or reimbursement rate for such services
                            furnished by such provider payable by a public
                            payor, including under the Medicare program
                            under title XVIII of the Social Security Act,
                            under the Medicaid program under title XIX of
                            such Act, under the Children's Health Insurance
                            Program under title XXI of such Act, under the
                            TRICARE program under chapter 55 of title 10,
                            United States Code, or under chapter 17 of
                            title 38, United States Code.
                        ``(D) Effects of determination.--The provisions of
                    section 9816(c)(5)(E)) shall apply with respect to a
                    determination of a certified IDR entity under
                    subparagraph (A), the notification submitted with
                    respect to such determination, the services with
                    respect to such notification, and the parties to such
                    notification in the same manner as such provisions
                    apply with respect to a determination of a certified
                    IDR entity under section 9816(c)(5)(E), the
                    notification submitted with respect to such
                    determination, the items and services with respect to
                    such notification, and the parties to such
                    notification.
                        ``(E) Costs of independent dispute resolution
                    process.--The provisions of section 9816(c)(5)(F) shall
                    apply to a notification made under this subsection, the
                    parties to such notification, and a determination under
                    subparagraph (A) in the same manner and to the same
                    extent such provisions apply to a notification under
                    section 9816(c), the parties to such notification and a
                    determination made under section 9816(c)(5)(A).
                ``(6) Timing of payment.--The total plan payment required
            pursuant to subsection (a)(3), with respect to qualified IDR
            air ambulance services for which a determination is made under
            paragraph (5)(A) or with respect to air ambulance services for
            which a payment amount is determined under open negotiations
            under paragraph (1), shall be made directly to the
            nonparticipating provider not later than 30 days after the date
            on which such determination is made.
                ``(7) Publication of information relating to the idr
            process.--
                        ``(A) In general.--For each calendar quarter in
                    2022 and each calendar quarter in a subsequent year,
                    the Secretary shall publish on the public website of
                    the Department of the Treasury--
                                ``(i) the number of notifications submitted
                            under the IDR process during such calendar
                            quarter;
                                ``(ii) the number of such notifications
                            with respect to which a final determination was
                            made under paragraph (5)(A);
                                ``(iii) the information described in
                            subparagraph (B) with respect to each
                            notification with respect to which such a
                            determination was so made.
                                ``(iv) the number of times the payment
                            amount determined (or agreed to) under this
                            subsection exceeds the qualifying payment
                            amount;
                                ``(v) the amount of expenditures made by
                            the Secretary during such calendar quarter to
                            carry out the IDR process;
                                ``(vi) the total amount of fees paid under
                            paragraph (8) during such calendar quarter; and
                                ``(vii) the total amount of compensation
                            paid to certified IDR entities under paragraph
                            (5)(E)during such calendar quarter.
                        ``(B) Information with respect to requests.--For
                    purposes of subparagraph (A), the information described
                    in this subparagraph is, with respect to a notification
                    under the IDR process of a nonparticipating provider,
                    or group health plan--
                                ``(i) a description of each air ambulance
                            service included in such notification;
                                ``(ii) the geography in which the services
                            included in such notification were provided;
                                ``(iii) the amount of the offer submitted
                            under paragraph (2) by the group health plan
                            and by the nonparticipating provider expressed
                            as a percentage of the qualifying payment
                            amount;
                                ``(iv) whether the offer selected by the
                            certified IDR entity under paragraph (5) to be
                            the payment applied was the offer submitted by
                            such plan or issuer (as applicable) or by such
                            provider and the amount of such offer so
                            selected expressed as a percentage of the
                            qualifying payment amount;
                                ``(v) ambulance vehicle type, including the
                            clinical capability level of such vehicle;
                                ``(vi) the identity of the group health
                            plan or health insurance issuer or air
                            ambulance provider with respect to such
                            notification;
                                ``(vii) the length of time in making each
                            determination;
                                ``(viii) the compensation paid to the
                            certified IDR entity with respect to the
                            settlement or determination; and
                                ``(ix) any other information specified by
                            the Secretary.
                        ``(C) IDR entity requirements.--For 2022 and each
                    subsequent year, an IDR entity, as a condition of
                    certification as an IDR entity, shall submit to the
                    Secretary such information as the Secretary determines
                    necessary for the Secretary to carry out the provisions
                    of this paragraph.
                        ``(D) Clarification.--The Secretary shall ensure
                    the public reporting under this paragraph does not
                    contain information that would disclose privileged or
                    confidential information of a group health plan or
                    health insurance issuer offering group or individual
                    health insurance coverage or of a provider or facility.
                ``(8) Administrative fee.--
                        ``(A) In general.--Each party to a determination
                    under paragraph (5) to which an entity is selected
                    under paragraph (4) in a year shall pay to the
                    Secretary, at such time and in such manner as specified
                    by the Secretary, a fee for participating in the IDR
                    process with respect to such determination in an amount
                    described in subparagraph (B) for such year.
                        ``(B) Amount of fee.--The amount described in this
                    subparagraph for a year is an amount established by the
                    Secretary in a manner such that the total amount of
                    fees paid under this paragraph for such year is
                    estimated to be equal to the amount of expenditures
                    estimated to be made by the Secretary for such year in
                    carrying out the IDR process.
                ``(9) Waiver authority.--The Secretary may modify any
            deadline or other timing requirement specified under this
            subsection (other than the establishment date for the IDR
            process under paragraph (2)(A) and other than under paragraph
            (6)) in cases of extenuating circumstances, as specified by the
            Secretary, or to ensure that all claims that occur during a 90-
            day period applied through paragraph (5)(D), but with respect
            to which a notification is not permitted by reason of such
            paragraph to be submitted under paragraph (1)(B) during such
            period, are eligible for the IDR process.
        ``(c) Definitions.--For purposes of this section:
                ``(1) Air ambulance services.--The term `air ambulance
            service' means medical transport by helicopter or airplane for
            patients.
                ``(2) Qualifying payment amount.--The term `qualifying
            payment amount' has the meaning given such term in section
            9816(a)(3).
                ``(3) Nonparticipting provider.--The term `nonparticipating
            provider' has the meaning given such term in section
            9816(a)(3).''.
                        (B) Clerical amendment.--The table of sections for
                    subchapter B of chapter 100 of the Internal Revenue
                    Code of 1986, as amended by section 102(c)(3), is
                    further amended by inserting after the item relating to
                    section 9816 the following new item:

    ``Sec. 9817. Ending surprise air ambulance bills.''.
                (4) Effective date.--The amendments made by this subsection
            shall apply with respect to plan years beginning on or after
            January 1, 2022.
        (b) Air Ambulance Provider Balance Billing.--Part E of title XXVII
    of the Public Health Service Act, as added and amended by section 104,
    is further amended by adding at the end the following new section:

    ``SEC. 2799B-5. AIR AMBULANCE SERVICES.

        ``In the case of a participant, beneficiary, or enrollee with
    benefits under a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer and who is
    furnished in a plan year beginning on or after January 1, 2022, air
    ambulance services (for which benefits are available under such plan or
    coverage) from a nonparticipating provider (as defined in section
    2799A-1(a)(3)(G)) with respect to such plan or coverage, such provider
    shall not bill, and shall not hold liable, such participant,
    beneficiary, or enrollee for a payment amount for such service
    furnished by such provider that is more than the cost-sharing amount
    for such service (as determined in accordance with paragraphs (1) and
    (2) of section 2799A-2(a), section 717(a) of the Employee Retirement
    Income Security Act of 1974, or section 9817(a) of the Internal Revenue
    Code of 1986, as applicable).''.

    SEC. 106. REPORTING REQUIREMENTS REGARDING AIR AMBULANCE SERVICES.

        (a) Reporting Requirements for Providers of Air Ambulance
    Services.--
                (1) In general.--A provider of air ambulance services shall
            submit to the Secretary of Health and Human Services and the
            Secretary of Transportation--
                        (A) not later than the date that is 90 days after
                    the last day of the first calendar year beginning on or
                    after the date on which a final rule is promulgated
                    pursuant to the rulemaking described in subsection (d),
                    the information described in paragraph (2) with respect
                    to such plan year; and
                        (B) not later than the date that is 90 days after
                    the last day of the plan year immediately succeeding
                    the plan year described in subparagraph (A), such
                    information with respect to such immediately succeeding
                    plan year.
                (2) Information described.--For purposes of paragraph (1),
            information described in this paragraph, with respect to a
            provider of air ambulance services, is each of the following:
                        (A) Cost data, as determined appropriate by the
                    Secretary of Health and Human Services, in consultation
                    with the Secretary of Transportation, for air ambulance
                    services furnished by such provider, separated to the
                    maximum extent possible by air transportation costs
                    associated with furnishing such air ambulance services
                    and costs of medical services and supplies associated
                    with furnishing such air ambulance services.
                        (B) The number and location of all air ambulance
                    bases operated by such provider.
                        (C) The number and type of aircraft operated by
                    such provider.
                        (D) The number of air ambulance transports,
                    disaggregated by payor mix, including--
                                (i)(I) group health plans;
                                (II) health insurance issuers; and
                                (III) State and Federal Government payors;
                            and
                                (ii) uninsured individuals.
                        (E) The number of claims of such provider that have
                    been denied payment by a group health plan or health
                    insurance issuer and the reasons for any such denials.
                        (F) The number of emergency and nonemergency air
                    ambulance transports, disaggregated by air ambulance
                    base and type of aircraft.
                        (G) Such other information regarding air ambulance
                    services as the Secretary of Health and Human Services
                    may specify.
        (b) Reporting Requirements for Group Health Plans and Health
    Insurance Issuers.--
                (1) PHSA.--Part D of title XXVII of the Public Health
            Service Act, as added by section 102(a)(1), is amended by
            adding after section 2799A-7, as added by section 102(a)(2)(A)
            of this Act, the following new section:

    ``SEC. 2799A-8. AIR AMBULANCE REPORT REQUIREMENTS.

        ``(a) In General.--Each group health plan and health insurance
    issuer offering group or individual health insurance coverage shall
    submit to the Secretary, jointly with the Secretary of Labor and the
    Secretary of the Treasury--
                ``(1) not later than the date that is 90 days after the
            last day of the first calendar year beginning on or after the
            date on which a final rule is promulgated pursuant to the
            rulemaking described in section 106(d) of the No Surprises Act,
            the information described in subsection (b) with respect to
            such plan year; and
                ``(2) not later than the date that is 90 days after the
            last day of the calendar year immediately succeeding the plan
            year described in paragraph (1), such information with respect
            to such immediately succeeding plan year.
        ``(b) Information Described.--For purposes of subsection (a),
    information described in this subsection, with respect to a group
    health plan or a health insurance issuer offering group or individual
    health insurance coverage, is each of the following:
                ``(1) Claims data for air ambulance services furnished by
            providers of such services, disaggregated by each of the
            following factors:
                        ``(A) Whether such services were furnished on an
                    emergent or nonemergent basis.
                        ``(B) Whether the provider of such services is part
                    of a hospital-owned or sponsored program, municipality-
                    sponsored program, hospital independent partnership
                    (hybrid) program, independent program, or tribally
                    operated program in Alaska.
                        ``(C) Whether the transport in which the services
                    were furnished originated in a rural or urban area.
                        ``(D) The type of aircraft (such as rotor transport
                    or fixed wing transport) used to furnish such services.
                        ``(E) Whether the provider of such services has a
                    contract with the plan or issuer, as applicable, to
                    furnish such services under the plan or coverage,
                    respectively.
                ``(2) Such other information regarding providers of air
            ambulance services as the Secretary may specify.''.
                (2) ERISA.--
                        (A) In general.--Subpart B of part 7 of title I of
                    the Employee Retirement Income Security Act of 1974 (29
                    U.S.C. 1185 et seq.) is amended by adding after section
                    722, as added by section 102(b)(2)(A) of this Act, the
                    following new section:

    ``SEC. 723. AIR AMBULANCE REPORT REQUIREMENTS.

        ``(a) In General.--Each group health plan and health insurance
    issuer offering group health insurance coverage shall submit to the
    Secretary, jointly with the Secretary of Health and Human Services and
    the Secretary of the Treasury--
                ``(1) not later than the date that is 90 days after the
            last day of the first calendar year beginning on or after the
            date on which a final rule is promulgated pursuant to the
            rulemaking described in section 106(d) of the No Surprises Act,
            the information described in subsection (b) with respect to
            such plan year; and
                ``(2) not later than the date that is 90 days after the
            last day of the plan year immediately succeeding the calendar
            year described in paragraph (1), such information with respect
            to such immediately succeeding plan year.
        ``(b) Information Described.--For purposes of subsection (a),
    information described in this subsection, with respect to a group
    health plan or a health insurance issuer offering group health
    insurance coverage, is each of the following:
                ``(1) Claims data for air ambulance services furnished by
            providers of such services, disaggregated by each of the
            following factors:
                        ``(A) Whether such services were furnished on an
                    emergent or nonemergent basis.
                        ``(B) Whether the provider of such services is part
                    of a hospital-owned or sponsored program, municipality-
                    sponsored program, hospital independent partnership
                    (hybrid) program, independent program, or tribally
                    operated program in Alaska.
                        ``(C) Whether the transport in which the services
                    were furnished originated in a rural or urban area.
                        ``(D) The type of aircraft (such as rotor transport
                    or fixed wing transport) used to furnish such services.
                        ``(E) Whether the provider of such services has a
                    contract with the plan or issuer, as applicable, to
                    furnish such services under the plan or coverage,
                    respectively.
                ``(2) Such other information regarding providers of air
            ambulance services as the Secretary may specify.''.
                        (B) Clerical amendment.--The table of contents of
                    the Employee Retirement Income Security Act of 1974 is
                    amended by adding after the item relating to section
                    722, as added by section 102(b) the following:

    ``Sec. 723. Air ambulance report requirements.''.
                (3) IRC.--
                        (A) In general.--Subchapter B of chapter 100 of the
                    Internal Revenue Code of 1986 is amended by adding
                    after section 9822, as added by section 102(c)(2)(A) of
                    this Act, the following new section:

    ``SEC. 9823. AIR AMBULANCE REPORT REQUIREMENTS.

        ``(a) In General.--Each group health plan shall submit to the
    Secretary, jointly with the Secretary of Labor and the Secretary of
    Health and Human Services--
                ``(1) not later than the date that is 90 days after the
            last day of the first calendar year beginning on or after the
            date on which a final rule is promulgated pursuant to the
            rulemaking described in section 106(d) of the No Surprises Act,
            the information described in subsection (b) with respect to
            such plan year; and
                ``(2) not later than the date that is 90 days after the
            last day of the calendar year immediately succeeding the plan
            year described in paragraph (1), such information with respect
            to such immediately succeeding plan year.
        ``(b) Information Described.--For purposes of subsection (a),
    information described in this subsection, with respect to a group
    health plan is each of the following:
                ``(1) Claims data for air ambulance services furnished by
            providers of such services, disaggregated by each of the
            following factors:
                        ``(A) Whether such services were furnished on an
                    emergent or nonemergent basis.
                        ``(B) Whether the provider of such services is part
                    of a hospital-owned or sponsored program, municipality-
                    sponsored program, hospital independent partnership
                    (hybrid) program, independent program, or tribally
                    operated program in Alaska.
                        ``(C) Whether the transport in which the services
                    were furnished originated in a rural or urban area.
                        ``(D) The type of aircraft (such as rotor transport
                    or fixed wing transport) used to furnish such services.
                        ``(E) Whether the provider of such services has a
                    contract with the plan or issuer, as applicable, to
                    furnish such services under the plan or coverage,
                    respectively.
                ``(2) Such other information regarding providers of air
            ambulance services as the Secretary may specify.''.
                        (B) Clerical amendment.--The table of sections for
                    subchapter B of chapter 100 of the Internal Revenue
                    Code of 1986 is amended by adding after the item
                    relating to section 9822, as added by section 102(c),
                    the following new item:

    ``Sec. 9823. Air ambulance report requirements.''.
        (c) Publication of Comprehensive Report.--
                (1) In general.--Not later than the date that is one year
            after the date described in subsection (a)(2) of section 2799A-
            8 of the Public Health Service Act, of section 723 of the
            Employee Retirement Income Security Act of 1974, and of section
            9823 of the Internal Revenue Code of 1986, as such sections are
            added by subsection (b), the Secretary of Health and Human
            Services, in consultation with the Secretary of Transportation
            (referred to in this section as the ``Secretaries''), shall
            develop, and make publicly available (subject to paragraph
            (3)), a comprehensive report summarizing the information
            submitted under subsection (a) and the amendments made by
            subsection (b) and including each of the following:
                        (A) The percentage of providers of air ambulance
                    services that are part of a hospital-owned or sponsored
                    program, municipality-sponsored program, hospital-
                    independent partnership (hybrid) program, or
                    independent program.
                        (B) An assessment of the extent of competition
                    among providers of air ambulance services on the basis
                    of price and services offered, and any changes in such
                    competition over time.
                        (C) An assessment of the average charges for air
                    ambulance services, amounts paid by group health plans
                    and health insurance issuers offering group or
                    individual health insurance coverage to providers of
                    air ambulance services for furnishing such services,
                    and amounts paid out-of-pocket by consumers, and any
                    changes in such amounts paid over time.
                        (D) An assessment of the presence of air ambulance
                    bases in, or with the capability to serve, rural areas,
                    and the relative growth in air ambulance bases in rural
                    and urban areas over time.
                        (E) Any evidence of gaps in rural access to
                    providers of air ambulance services.
                        (F) The percentage of providers of air ambulance
                    services that have contracts with group health plans or
                    health insurance issuers offering group or individual
                    health insurance coverage to furnish such services
                    under such plans or coverage, respectively.
                        (G) An assessment of whether there are instances of
                    unfair, deceptive, or predatory practices by providers
                    of air ambulance services in collecting payments from
                    patients to whom such services are furnished, such as
                    referral of such patients to collections, lawsuits, and
                    liens or wage garnishment actions.
                        (H) An assessment of whether there are, within the
                    air ambulance industry, instances of unreasonable
                    industry concentration, excessive market domination, or
                    other conditions that would allow at least one provider
                    of air ambulance services to unreasonably increase
                    prices or exclude competition in air ambulance services
                    in a given geographic region.
                        (I) An assessment of the frequency of patient
                    balance billing, patient referrals to collections,
                    lawsuits to collect balance bills, and liens or wage
                    garnishment actions by providers of air ambulance
                    services as part of a collections process across
                    hospital-owned or sponsored programs, municipality-
                    sponsored programs, hospital-independent partnership
                    (hybrid) programs, tribally operated programs in
                    Alaska, or independent programs, providers of air
                    ambulance services operated by public agencies (such as
                    a State or county health department), and other
                    independent providers of air ambulance services.
                        (J) An assessment of the frequency of claims
                    appeals made by providers of air ambulance services to
                    group health plans or health insurance issuers offering
                    group or individual health insurance coverage with
                    respect to air ambulance services furnished to
                    enrollees of such plans or coverage, respectively.
                        (K) Any other cost, quality, or other data relating
                    to air ambulance services or the air ambulance
                    industry, as determined necessary and appropriate by
                    the Secretaries.
                (2) Other sources of information.--The Secretaries may
            incorporate information from independent experts or third-party
            sources in developing the comprehensive report required under
            paragraph (1).
                (3) Protection of proprietary information.--The Secretaries
            may not make publicly available under this subsection any
            proprietary information.
        (d) Rulemaking.--Not later than the date that is one year after the
    date of the enactment of this Act, the Secretary of Health and Human
    Services, in consultation with the Secretary of Transportation, shall,
    through notice and comment rulemaking, specify the form and manner in
    which reports described in subsection (a) and in the amendments made by
    subsection (b) shall be submitted to such Secretaries, taking into
    consideration (as applicable and to the extent feasible) any
    recommendations included in the report submitted by the Advisory
    Committee on Air Ambulance and Patient Billing under section 418(e) of
    the FAA Reauthorization Act of 2018 (Public Law 115-254; 49 U.S.C.
    42301 note prec.).
        (e) Civil Money Penalties.--
                (1) In general.--Subject to paragraph (2), a provider of
            air ambulance services who fails to submit all information
            required under subsection (a)(2) by the date described in
            subparagraph (A) or (B) of subsection (a)(1), as applicable,
            shall be subject to a civil money penalty of not more than
            $10,000.
                (2) Exception.--In the case of a provider of air ambulance
            services that submits only some of the information required
            under subsection (a)(2) by the date described in subparagraph
            (A) or (B) of subsection (a)(1), as applicable, the Secretary
            of Health and Human Services may waive the civil money penalty
            imposed under paragraph (1) if such provider demonstrates a
            good faith effort (as defined by the Secretary pursuant to
            regulation) in working with the Secretary to submit the
            remaining information required under subsection (a)(2).
                (3) Procedure.--The provisions of section 1128A of the
            Social Security Act (42 U.S.C. 1320a-7a), other than
            subsections (a) and (b) and the first sentence of subsection
            (c)(1), shall apply to civil money penalties under this
            subsection in the same manner as such provisions apply to a
            penalty or proceeding under such section.
        (f) Unfair and Deceptive Practices and Unfair Methods of
    Competition.--The Secretary of Transportation may use any information
    submitted under subsection (a) in determining whether a provider of air
    ambulance services has violated section 41712(a) of title 49, United
    States Code.
        (g) Advisory Committee on Air Ambulance Quality and Patient
    Safety.--
                (1) Establishment.--Not later than the date that is 60 days
            after the date of the enactment of this Act, the Secretary of
            Health and Human Services and the Secretary of Transportation,
            shall establish an Advisory Committee on Air Ambulance Quality
            and Patient Safety (referred to in this subsection as the
            ``Committee'') for the purpose of reviewing options to
            establish quality, patient safety, and clinical capability
            standards for each clinical capability level of air ambulances.
                (2) Membership.--The Committee shall be composed of the
            following members:
                        (A) The Secretary of Health and Human Services, or
                    a designee of the Secretary, who shall serve as the
                    Chair of the Committee.
                        (B) The Secretary of Transportation, or a designee
                    of the Secretary.
                        (C) One representative, to be appointed by the
                    Secretary of Health and Human Services, of each of the
                    following:
                                (i) State health insurance regulators.
                                (ii) Health care providers.
                                (iii) Group health plans and health
                            insurance issuers offering group or individual
                            health insurance coverage.
                                (iv) Patient advocacy groups.
                                (v) Accrediting bodies with experience in
                            quality measures.
                        (D) Three representatives of the air ambulance
                    industry, to be appointed by the Secretary of
                    Transportation.
                        (E) Additional three representatives not covered
                    under subparagraphs (A) through (D), as determined
                    necessary and appropriate by the Secretary of Health
                    and Human Services and Secretary of Transportation.
                (3) First meeting.--Not later than the date that is 90 days
            after the date of the enactment of this Act, the Committee
            shall hold its first meeting.
                (4) Duties.--The Committee shall study and make
            recommendations, as appropriate, to Congress regarding each of
            the following with respect to air ambulance services:
                        (A) Qualifications of different clinical capability
                    levels and tiering of such levels.
                        (B) Patient safety and quality standards.
                        (C) Options for improving service reliability
                    during poor weather, night conditions, or other adverse
                    conditions.
                        (D) Differences between air ambulance vehicle
                    types, services, and technologies, and other flight
                    capability standards, and the impact of such
                    differences on patient safety.
                        (E) Clinical triage criteria for air ambulances.
                (5) Report.--Not later than the date that is 180 days after
            the date of the first meeting of the Committee, the Committee,
            in consultation with relevant experts and stakeholders, as
            appropriate, shall develop and make publicly available a report
            on any recommendations submitted to Congress under paragraph
            (4). The Committee may update such report, as determined
            appropriate by the Committee.
        (h) Definitions.--In this section, the terms ``group health plan'',
    ``health insurance coverage'', ``individual health insurance
    coverage'', ``group health insurance coverage'', and ``health insurance
    issuer'' have the meanings given such terms in section 2791 of the
    Public Health Service Act (42 U.S.C. 300gg-91).

    SEC. 107. TRANSPARENCY REGARDING IN-NETWORK AND OUT-OF-NETWORK
                  DEDUCTIBLES AND OUT-OF-POCKET LIMITATIONS.

        (a) Phsa.--Section 2799A-1 of the Public Health Service Act, as
    added by section 102(a) and amended by section 103, is further amended
    by adding at the end the following new subsection:
        ``(e) Transparency Regarding In-network and Out-of-network
    Deductibles and Out-of-pocket Limitations.--A group health plan or a
    health insurance issuer offering group or individual health insurance
    coverage and providing or covering any benefit with respect to items or
    services shall include, in clear writing, on any physical or electronic
    plan or insurance identification card issued to the participants,
    beneficiaries, or enrollees in the plan or coverage the following:
                ``(1) Any deductible applicable to such plan or coverage.
                ``(2) Any out-of-pocket maximum limitation applicable to
            such plan or coverage.
                ``(3) A telephone number and Internet website address
            through which such individual may seek consumer assistance
            information, such as information related to hospitals and
            urgent care facilities that have in effect a contractual
            relationship with such plan or coverage for furnishing items
            and services under such plan or coverage''.
        (b) Erisa.--Section 716 of the Employee Retirement Income Security
    Act of 1974, as added by section 102(b) and amended by section 103, is
    further amended by adding at the end the following new subsection:
        ``(e) Transparency Regarding In-network and Out-of-network
    Deductibles and Out-of-pocket Limitations.--A group health plan or a
    health insurance issuer offering group health insurance coverage and
    providing or covering any benefit with respect to items or services
    shall include, in clear writing, on any physical or electronic plan or
    insurance identification card issued to the participants or
    beneficiaries in the plan or coverage the following:
                ``(1) Any deductible applicable to such plan or coverage.
                ``(2) Any out-of-pocket maximum limitation applicable to
            such plan or coverage.
                ``(3) A telephone number and Internet website address
            through which such individual may seek consumer assistance
            information, such as information related to hospitals and
            urgent care facilities that have in effect a contractual
            relationship with such plan or coverage for furnishing items
            and services under such plan or coverage''.
        (c) Irc.--Section 9816 of the Internal Revenue Code of 1986, as
    added by section 102(c) and amended by section 103, is further amended
    by adding at the end the following new subsection:
        ``(e) Transparency Regarding In-network and Out-of-network
    Deductibles and Out-of-pocket Limitations.--A group health plan
    providing or covering any benefit with respect to items or services
    shall include, in clear writing, on any physical or electronic plan or
    insurance identification card issued to the participants or
    beneficiaries in the plan the following:
                ``(1) Any deductible applicable to such plan.
                ``(2) Any out-of-pocket maximum limitation applicable to
            such plan.
                ``(3) A telephone number and Internet website address
            through which such individual may seek consumer assistance
            information, such as information related to hospitals and
            urgent care facilities that have in effect a contractual
            relationship with such plan for furnishing items and services
            under such plan.''.
        (d) Effective Date.--The amendments made by this subsection shall
    apply with respect to plan years beginning on or after January 1, 2022.

    SEC. 108. IMPLEMENTING PROTECTIONS AGAINST PROVIDER DISCRIMINATION.

        Not later than January 1, 2022, the Secretary of Health and Human
    Services, the Secretary of Labor, and the Secretary of the Treasury
    shall issue a proposed rule implementing the protections of section
    2706(a) of the Public Health Service Act (42 U.S.C. 300gg-5(a)). The
    Secretaries shall accept and consider public comments on any proposed
    rule issued pursuant to this subsection for a period of 60 days after
    the date of such issuance. Not later than 6 months after the date of
    the conclusion of the comment period, the Secretaries shall issue a
    final rule implementing the protections of section 2706(a) of the
    Public Health Service Act (42 U.S.C. 300gg-5(a)).

    SEC. 109. REPORTS.

        (a) Reports in Consultation With FTC and AG.--Not later than
    January 1, 2023, and annually thereafter for each of the following 4
    years, the Secretary of Health and Human Services, in consultation with
    the Federal Trade Commission and the Attorney General, shall--
                (1) conduct a study on the effects of the provisions of,
            including amendments made by, this Act on--
                        (A) any patterns of vertical or horizontal
                    integration of health care facilities, providers, group
                    health plans, or health insurance issuers offering
                    group or individual health insurance coverage;
                        (B) overall health care costs; and
                        (C) access to health care items and services,
                    including specialty services, in rural areas and health
                    professional shortage areas, as defined in section 332
                    of the Public Health Service Act (42 U.S.C. 254e);
                (2) for purposes of the reports under paragraph (3), in
            consultation with the Secretary of Labor and the Secretary of
            the Treasury, make recommendations for the effective
            enforcement of subsections (a)(1)(C)(iv) and (b)(1)(C) of
            section 2799A-1 of the Public Health Service Act, subsections
            (a)(1)(C)(iv) and (b)(1)(C) of section 716 of the Employee
            Retirement Income Security Act of 1974, and subsections
            (a)(1)(C)(iv) and (b)(1)(C) of section 9816 of the Internal
            Revenue Code of 1986, including with respect to potential
            challenges to addressing anti-competitive consolidation of
            health care facilities, providers, group health plans, or
            health insurance issuers offering group or individual health
            insurance coverage; and
                (3) submit a report on such study and including such
            recommendations to the Committees on Energy and Commerce; on
            Education and Labor; on Ways and Means; and on the Judiciary of
            the House of Representatives and the Committees on Health,
            Education, Labor, and Pensions; on Commerce, Science, and
            Transportation; on Finance; and on the Judiciary of the Senate.
        (b) GAO Report on Impact of Surprise Billing Provisions.--Not later
    than January 1, 2025, the Comptroller General of the United States
    shall submit to Congress a report summarizing the effects of the
    provisions of this Act, including the amendments made by such
    provisions, on changes during the period since the date on the
    enactment of this Act in health care provider networks of group health
    plans and group and individual health insurance coverage offered by a
    health insurance issuer, in fee schedules and amounts for health care
    services, and to contracted rates under such plans or coverage. Such
    report shall--
                (1) to the extent practicable, sample a statistically
            significant group of national health care providers;
                (2) examine--
                        (A) provider network participation, including
                    nonparticipating providers furnishing items and
                    services at participating facilities;
                        (B) health care provider group network
                    participation, including specialty, size, and
                    ownership;
                        (C) the impact of State surprise billing laws and
                    network adequacy standards on participation of health
                    care providers and facilities in provider networks of
                    group health plans and of group and individual health
                    insurance coverage offered by health insurance issuers;
                    and
                        (D) access to providers, including in rural and
                    medically underserved communities and health
                    professional shortage areas (as defined in section 332
                    of the Public Health Service Act), and the extent of
                    provider shortages in such communities and areas;
                (3) to the extent practicable, sample a statistically
            significant group of national health insurance plans and
            issuers and examine--
                        (A) the effects of the provisions of, including
                    amendments made by, this Act on premiums and out-of-
                    pocket costs with respect to group health plans or
                    group or individual health insurance coverage;
                        (B) the adequacy of provider networks with respect
                    to such plans or coverage; and
                        (C) categories of providers of ancillary services,
                    as defined in section 2799B-2(b)(2) of the Public
                    Health Service Act, for which such plans have no or a
                    limited number of in-network providers; and
                (4) such other relevant effects of such provisions and
            amendments.
        (c) GAO Report on Adequacy of Provider Networks.--Not later than
    January 1, 2023, the Comptroller General of the United States shall
    submit to Congress, and make publicly available, a report on the
    adequacy of provider networks in group health plans and group and
    individual health insurance coverage, including legislative
    recommendations to improve the adequacy of such networks.
        (d) GAO Report on IDR Process and Potential Financial
    Relationships.--Not later than December 31, 2023, the Comptroller
    General of the United States shall conduct a study and submit to
    Congress a report on the IDR process established under this section.
    Such study and report shall include an analysis of potential financial
    relationships between providers and facilities that utilize the IDR
    process established by the amendments made by this Act and private
    equity investment firms.

    SEC. 110. CONSUMER PROTECTIONS THROUGH APPLICATION OF HEALTH PLAN
                  EXTERNAL REVIEW IN CASES OF CERTAIN SURPRISE MEDICAL
                  BILLS.

        (a) In General.--In applying the provisions of section 2719(b) of
    the Public Health Service Act (42 U.S.C. 300gg-19(b)) to group health
    plans and health insurance issuers offering group or individual health
    insurance coverage, the Secretary of Health and Human Services,
    Secretary of Labor, and Secretary of the Treasury, shall require,
    beginning not later than January 1, 2022, the external review process
    described in paragraph (1) of such section to apply with respect to any
    adverse determination by such a plan or issuer under section 2799A-1 or
    2799A-2, section 716 or 717 of the Employee Retirement Income Security
    Act of 1974, or section 9816 or 9817 of the Internal Revenue Code of
    1986, including with respect to whether an item or service that is the
    subject to such a determination is an item or service to which such
    respective section applies.
        (b) Definitions.--The terms ``group health plan''; ``health
    insurance issuer''; ``group health insurance coverage'', and
    ``individual health insurance coverage'' have the meanings given such
    terms in section 2791 of the Public Health Service Act (42 U.S.C.
    300gg-91), section 733 of the Employee Retirement Income Security Act
    (29 U.S.C. 1191b), and section 9832 of the Internal Revenue Code, as
    applicable.

    SEC. 111. CONSUMER PROTECTIONS THROUGH HEALTH PLAN REQUIREMENT FOR FAIR
                  AND HONEST ADVANCE COST ESTIMATE.

        (a) PHSA Amendment.--Section 2799A-1 of the Public Health Service
    Act (42 U.S.C. 300gg-19a), as added by section 102 and as further
    amended by the previous provisions of this title, is further amended by
    adding at the end the following new subsection:
        ``(f) Advanced Explanation of Benefits.--
                ``(1) In general.--For plan years beginning on or after
            January 1, 2022, each group health plan, or a health insurance
            issuer offering group or individual health insurance coverage
            shall, with respect to a notification submitted under section
            2799B-6 by a health care provider or health care facility to
            the plan or issuer for a participant, beneficiary, or enrollee
            under plan or coverage scheduled to receive an item or service
            from the provider or facility (or authorized representative of
            such participant, beneficiary, or enrollee), not later than 1
            business day (or, in the case such item or service was so
            scheduled at least 10 business days before such item or service
            is to be furnished (or in the case of a request made to such
            plan or coverage by such participant, beneficiary, or
            enrollee), 3 business days) after the date on which the plan or
            coverage receives such notification (or such request), provide
            to the participant, beneficiary, or enrollee (through mail or
            electronic means, as requested by the participant, beneficiary,
            or enrollee) a notification (in clear and understandable
            language) including the following:
                        ``(A) Whether or not the provider or facility is a
                    participating provider or a participating facility with
                    respect to the plan or coverage with respect to the
                    furnishing of such item or service and--
                                ``(i) in the case the provider or facility
                            is a participating provider or facility with
                            respect to the plan or coverage with respect to
                            the furnishing of such item or service, the
                            contracted rate under such plan or coverage for
                            such item or service (based on the billing and
                            diagnostic codes provided by such provider or
                            facility); and
                                ``(ii) in the case the provider or facility
                            is a nonparticipating provider or facility with
                            respect to such plan or coverage, a description
                            of how such individual may obtain information
                            on providers and facilities that, with respect
                            to such plan or coverage, are participating
                            providers and facilities, if any.
                        ``(B) The good faith estimate included in the
                    notification received from the provider or facility (if
                    applicable) based on such codes.
                        ``(C) A good faith estimate of the amount the plan
                    or coverage is responsible for paying for items and
                    services included in the estimate described in
                    subparagraph (B).
                        ``(D) A good faith estimate of the amount of any
                    cost-sharing for which the participant, beneficiary, or
                    enrollee would be responsible for such item or service
                    (as of the date of such notification).
                        ``(E) A good faith estimate of the amount that the
                    participant, beneficiary, or enrollee has incurred
                    toward meeting the limit of the financial
                    responsibility (including with respect to deductibles
                    and out-of-pocket maximums) under the plan or coverage
                    (as of the date of such notification).
                        ``(F) In the case such item or service is subject
                    to a medical management technique (including concurrent
                    review, prior authorization, and step-therapy or fail-
                    first protocols) for coverage under the plan or
                    coverage, a disclaimer that coverage for such item or
                    service is subject to such medical management
                    technique.
                        ``(G) A disclaimer that the information provided in
                    the notification is only an estimate based on the items
                    and services reasonably expected, at the time of
                    scheduling (or requesting) the item or service, to be
                    furnished and is subject to change.
                        ``(H) Any other information or disclaimer the plan
                    or coverage determines appropriate that is consistent
                    with information and disclaimers required under this
                    section.
                ``(2) Authority to modify timing requirements in the case
            of specified items and services.--
                        ``(A) In general.--In the case of a participant,
                    beneficiary, or enrollee scheduled to receive an item
                    or service that is a specified item or service (as
                    defined in subparagraph (B)), the Secretary may modify
                    any timing requirements relating to the provision of
                    the notification described in paragraph (1) to such
                    participant, beneficiary, or enrollee with respect to
                    such item or service. Any modification made by the
                    Secretary pursuant to the previous sentence may not
                    result in the provision of such notification after such
                    participant, beneficiary, or enrollee has been
                    furnished such item or service.
                        ``(B) Specified item or service defined.--For
                    purposes of subparagraph (A), the term `specified item
                    or service' means an item or service that has low
                    utilization or significant variation in costs (such as
                    when furnished as part of a complex treatment), as
                    specified by the Secretary.''.
        (b) IRC Amendments.--Section 9816 of the Internal Revenue Code of
    1986, as added by section 102 and further amended by the previous
    provisions of this title, is further amended by inserting after
    subsection (e) the following new subsection:
        ``(f) Advanced Explanation of Benefits.--
                ``(1) In general.--For plan years beginning on or after
            January 1, 2022, each group health plan shall, with respect to
            a notification submitted under section 2799B-6 of the Public
            Health Service Act by a health care provider or health care
            facility to the plan for a participant or beneficiary under
            plan scheduled to receive an item or service from the provider
            or facility (or authorized representative of such participant
            or beneficiary), not later than 1 business day (or, in the case
            such item or service was so scheduled at least 10 business days
            before such item or service is to be furnished (or in the case
            of a request made to such plan or coverage by such participant
            or beneficiary), 3 business days) after the date on which the
            plan receives such notification (or such request), provide to
            the participant or beneficiary (through mail or electronic
            means, as requested by the participant or beneficiary) a
            notification (in clear and understandable language) including
            the following:
                        ``(A) Whether or not the provider or facility is a
                    participating provider or a participating facility with
                    respect to the plan with respect to the furnishing of
                    such item or service and--
                                ``(i) in the case the provider or facility
                            is a participating provider or facility with
                            respect to the plan or coverage with respect to
                            the furnishing of such item or service, the
                            contracted rate under such plan for such item
                            or service (based on the billing and diagnostic
                            codes provided by such provider or facility);
                            and
                                ``(ii) in the case the provider or facility
                            is a nonparticipating provider or facility with
                            respect to such plan, a description of how such
                            individual may obtain information on providers
                            and facilities that, with respect to such plan,
                            are participating providers and facilities, if
                            any.
                        ``(B) The good faith estimate included in the
                    notification received from the provider or facility (if
                    applicable) based on such codes.
                        ``(C) A good faith estimate of the amount the plan
                    is responsible for paying for items and services
                    included in the estimate described in subparagraph (B).
                        ``(D) A good faith estimate of the amount of any
                    cost-sharing for which the participant or beneficiary
                    would be responsible for such item or service (as of
                    the date of such notification).
                        ``(E) A good faith estimate of the amount that the
                    participant or beneficiary has incurred toward meeting
                    the limit of the financial responsibility (including
                    with respect to deductibles and out-of-pocket maximums)
                    under the plan (as of the date of such notification).
                        ``(F) In the case such item or service is subject
                    to a medical management technique (including concurrent
                    review, prior authorization, and step-therapy or fail-
                    first protocols) for coverage under the plan, a
                    disclaimer that coverage for such item or service is
                    subject to such medical management technique.
                        ``(G) A disclaimer that the information provided in
                    the notification is only an estimate based on the items
                    and services reasonably expected, at the time of
                    scheduling (or requesting) the item or service, to be
                    furnished and is subject to change.
                        ``(H) Any other information or disclaimer the plan
                    determines appropriate that is consistent with
                    information and disclaimers required under this
                    section.
                ``(2) Authority to modify timing requirements in the case
            of specified items and services.--
                        ``(A) In general.--In the case of a participant or
                    beneficiary scheduled to receive an item or service
                    that is a specified item or service (as defined in
                    subparagraph (B)), the Secretary may modify any timing
                    requirements relating to the provision of the
                    notification described in paragraph (1) to such
                    participant or beneficiary with respect to such item or
                    service. Any modification made by the Secretary
                    pursuant to the previous sentence may not result in the
                    provision of such notification after such participant
                    or beneficiary has been furnished such item or service.
                        ``(B) Specified item or service defined.--For
                    purposes of subparagraph (A), the term `specified item
                    or service' means an item or service that has low
                    utilization or significant variation in costs (such as
                    when furnished as part of a complex treatment), as
                    specified by the Secretary.''.
        (c) ERISA Amendments.--Section 716 of the Employee Retirement
    Income Security Act of 1974, as added by section 102 and further
    amended by the previous amendments of this title, is further amended by
    adding at the end the following new subsection:
        ``(f) Advanced Explanation of Benefits.--
                ``(1) In general.--For plan years beginning on or after
            January 1, 2022, each group health plan, or a health insurance
            issuer offering group health insurance coverage shall, with
            respect to a notification submitted under section 2799B-6 of
            the Public Health Service Act by a health care provider or
            health care facility to the plan or issuer for a participant or
            beneficiary under plan or coverage scheduled to receive an item
            or service from the provider or facility (or authorized
            representative of such participant or beneficiary), not later
            than 1 business day (or, in the case such item or service was
            so scheduled at least 10 business days before such item or
            service is to be furnished (or in the case of a request made to
            such plan or coverage by such participant or beneficiary), 3
            business days) after the date on which the plan or coverage
            receives such notification (or such request), provide to the
            participant or beneficiary (through mail or electronic means,
            as requested by the participant or beneficiary) a notification
            (in clear and understandable language) including the following:
                        ``(A) Whether or not the provider or facility is a
                    participating provider or a participating facility with
                    respect to the plan or coverage with respect to the
                    furnishing of such item or service and--
                                ``(i) in the case the provider or facility
                            is a participating provider or facility with
                            respect to the plan or coverage with respect to
                            the furnishing of such item or service, the
                            contracted rate under such plan for such item
                            or service (based on the billing and diagnostic
                            codes provided by such provider or facility);
                            and
                                ``(ii) in the case the provider or facility
                            is a nonparticipating provider or facility with
                            respect to such plan or coverage, a description
                            of how such individual may obtain information
                            on providers and facilities that, with respect
                            to such plan or coverage, are participating
                            providers and facilities, if any.
                        ``(B) The good faith estimate included in the
                    notification received from the provider or facility (if
                    applicable) based on such codes.
                        ``(C) A good faith estimate of the amount the
                    health plan is responsible for paying for items and
                    services included in the estimate described in
                    subparagraph (B).
                        ``(D) A good faith estimate of the amount of any
                    cost-sharing for which the participant or beneficiary
                    would be responsible for such item or service (as of
                    the date of such notification).
                        ``(E) A good faith estimate of the amount that the
                    participant or beneficiary has incurred toward meeting
                    the limit of the financial responsibility (including
                    with respect to deductibles and out-of-pocket maximums)
                    under the plan or coverage (as of the date of such
                    notification).
                        ``(F) In the case such item or service is subject
                    to a medical management technique (including concurrent
                    review, prior authorization, and step-therapy or fail-
                    first protocols) for coverage under the plan or
                    coverage, a disclaimer that coverage for such item or
                    service is subject to such medical management
                    technique.
                        ``(G) A disclaimer that the information provided in
                    the notification is only an estimate based on the items
                    and services reasonably expected, at the time of
                    scheduling (or requesting) the item or service, to be
                    furnished and is subject to change.
                        ``(H) Any other information or disclaimer the plan
                    or coverage determines appropriate that is consistent
                    with information and disclaimers required under this
                    section.
                ``(2) Authority to modify timing requirements in the case
            of specified items and services.--
                        ``(A) In general.--In the case of a participant or
                    beneficiary scheduled to receive an item or service
                    that is a specified item or service (as defined in
                    subparagraph (B)), the Secretary may modify any timing
                    requirements relating to the provision of the
                    notification described in paragraph (1) to such
                    participant or beneficiary with respect to such item or
                    service. Any modification made by the Secretary
                    pursuant to the previous sentence may not result in the
                    provision of such notification after such participant
                    or beneficiary has been furnished such item or service.
                        ``(B) Specified item or service defined.--For
                    purposes of subparagraph (A), the term `specified item
                    or service' means an item or service that has low
                    utilization or significant variation in costs (such as
                    when furnished as part of a complex treatment), as
                    specified by the Secretary.''.

    SEC. 112. PATIENT PROTECTIONS THROUGH TRANSPARENCY AND PATIENT-PROVIDER
                  DISPUTE RESOLUTION.

        Part E of title XXVII of the Public Health Service Act (42 U.S.C.
    300gg et seq.), as added by section 104 and further amended by the
    previous provisions of this title, is further amended by adding at the
    end the following new sections:

    ``SEC. 2799B-6. PROVISION OF INFORMATION UPON REQUEST AND FOR SCHEDULED
                  APPOINTMENTS.

        ``Each health care provider and health care facility shall,
    beginning January 1, 2022, in the case of an individual who schedules
    an item or service to be furnished to such individual by such provider
    or facility at least 3 business days before the date such item or
    service is to be so furnished, not later than 1 business day after the
    date of such scheduling (or, in the case of such an item or service
    scheduled at least 10 business days before the date such item or
    service is to be so furnished (or if requested by the individual), not
    later than 3 business days after the date of such scheduling or such
    request)--
                ``(1) inquire if such individual is enrolled in a group
            health plan, group or individual health insurance coverage
            offered by a health insurance issuer, or a Federal health care
            program (and if is so enrolled in such plan or coverage,
            seeking to have a claim for such item or service submitted to
            such plan or coverage); and
                ``(2) provide a notification (in clear and understandable
            language) of the good faith estimate of the expected charges
            for furnishing such item or service (including any item or
            service that is reasonably expected to be provided in
            conjunction with such scheduled item or service and such an
            item or service reasonably expected to be so provided by
            another health care provider or health care facility), with the
            expected billing and diagnostic codes for any such item or
            service, to--
                        ``(A) in the case the individual is enrolled in
                    such a plan or such coverage (and is seeking to have a
                    claim for such item or service submitted to such plan
                    or coverage), such plan or issuer of such coverage; and
                        ``(B) in the case the individual is not described
                    in subparagraph (A) and not enrolled in a Federal
                    health care program, the individual.

    ``SEC. 2799B-7. PATIENT-PROVIDER DISPUTE RESOLUTION.

        ``(a) In General.--Not later than January 1, 2022, the Secretary
    shall establish a process (in this subsection referred to as the
    `patient-provider dispute resolution process') under which an uninsured
    individual, with respect to an item or service, who received, pursuant
    to section 2799B-6, from a health care provider or health care facility
    a good-faith estimate of the expected charges for furnishing such item
    or service to such individual and who after being furnished such item
    or service by such provider or facility is billed by such provider or
    facility for such item or service for charges that are substantially in
    excess of such estimate, may seek a determination from a selected
    dispute resolution entity for the charges to be paid by such individual
    (in lieu of such amount so billed) to such provider or facility for
    such item or service. For purposes of this subsection, the term
    `uninsured individual' means, with respect to an item or service, an
    individual who does not have benefits for such item or service under a
    group health plan, group or individual health insurance coverage
    offered by a health insurance issuer, Federal health care program (as
    defined in section 1128B(f) of the Social Security Act), or a health
    benefits plan under chapter 89 of title 5, United States Code (or an
    individual who has benefits for such item or service under a group
    health plan or individual or group health insurance coverage offered by
    a health insurance issuer, but who does not seek to have a claim for
    such item or service submitted to such plan or coverage).
        ``(b) Selection of Entities.--Under the patient-provider dispute
    resolution process, the Secretary shall, with respect to a
    determination sought by an individual under subsection (a), with
    respect to charges to be paid by such individual to a health care
    provider or health care facility described in such paragraph for an
    item or service furnished to such individual by such provider or
    facility, provide for--
                ``(1) a method to select to make such determination an
            entity certified under subsection (d) that--
                        ``(A) is not a party to such determination or an
                    employee or agent of such party;
                        ``(B) does not have a material familial, financial,
                    or professional relationship with such a party; and
                        ``(C) does not otherwise have a conflict of
                    interest with such a party (as determined by the
                    Secretary); and
                ``(2) the provision of a notification of such selection to
            the individual and the provider or facility (as applicable)
            party to such determination.
    An entity selected pursuant to the previous sentence to make a
    determination described in such sentence shall be referred to in this
    subsection as the `selected dispute resolution entity' with respect to
    such determination.
        ``(c) Administrative Fee.--The Secretary shall establish a fee to
    participate in the patient-provider dispute resolution process in such
    a manner as to not create a barrier to an uninsured individual's access
    to such process.
        ``(d) Certification.--The Secretary shall establish or recognize a
    process to certify entities under this subparagraph. Such process shall
    ensure that an entity so certified satisfies at least the criteria
    specified in section 2799A-1(c).''.

    SEC. 113. ENSURING CONTINUITY OF CARE.

        (a) Public Health Service Act.--Title XXVII of the Public Health
    Service Act (42 U.S.C. 300gg et seq.) is amended, in the part D, as
    added and amended by section 102(a) and further amended by the previous
    provisions of this title, by inserting after section 2799A-2 the
    following new section:

    ``SEC. 2799A-3. CONTINUITY OF CARE.

        ``(a) Ensuring Continuity of Care With Respect to Terminations of
    Certain Contractual Relationships Resulting in Changes in Provider
    Network Status.--
                ``(1) In general.--In the case of an individual with
            benefits under a group health plan or group or individual
            health insurance coverage offered by a health insurance issuer
            and with respect to a health care provider or facility that has
            a contractual relationship with such plan or such issuer (as
            applicable) for furnishing items and services under such plan
            or such coverage, if, while such individual is a continuing
            care patient (as defined in subsection (b)) with respect to
            such provider or facility--
                        ``(A) such contractual relationship is terminated
                    (as defined in subsection (b));
                        ``(B) benefits provided under such plan or such
                    health insurance coverage with respect to such provider
                    or facility are terminated because of a change in the
                    terms of the participation of such provider or facility
                    in such plan or coverage; or
                        ``(C) a contract between such group health plan and
                    a health insurance issuer offering health insurance
                    coverage in connection with such plan is terminated,
                    resulting in a loss of benefits provided under such
                    plan with respect to such provider or facility;
            the plan or issuer, respectively, shall meet the requirements
            of paragraph (2) with respect to such individual.
                ``(2) Requirements.--The requirements of this paragraph are
            that the plan or issuer--
                        ``(A) notify each individual enrolled under such
                    plan or coverage who is a continuing care patient with
                    respect to a provider or facility at the time of a
                    termination described in paragraph (1) affecting such
                    provider or facility on a timely basis of such
                    termination and such individual's right to elect
                    continued transitional care from such provider or
                    facility under this section;
                        ``(B) provide such individual with an opportunity
                    to notify the plan or issuer of the individual's need
                    for transitional care; and
                        ``(C) permit the patient to elect to continue to
                    have benefits provided under such plan or such
                    coverage, under the same terms and conditions as would
                    have applied and with respect to such items and
                    services as would have been covered under such plan or
                    coverage had such termination not occurred, with
                    respect to the course of treatment furnished by such
                    provider or facility relating to such individual's
                    status as a continuing care patient during the period
                    beginning on the date on which the notice under
                    subparagraph (A) is provided and ending on the earlier
                    of--
                                ``(i) the 90-day period beginning on such
                            date; or
                                ``(ii) the date on which such individual is
                            no longer a continuing care patient with
                            respect to such provider or facility.
        ``(b) Definitions.--In this section:
                ``(1) Continuing care patient.--The term `continuing care
            patient' means an individual who, with respect to a provider or
            facility--
                        ``(A) is undergoing a course of treatment for a
                    serious and complex condition from the provider or
                    facility;
                        ``(B) is undergoing a course of institutional or
                    inpatient care from the provider or facility;
                        ``(C) is scheduled to undergo nonelective surgery
                    from the provider, including receipt of postoperative
                    care from such provider or facility with respect to
                    such a surgery;
                        ``(D) is pregnant and undergoing a course of
                    treatment for the pregnancy from the provider or
                    facility; or
                        ``(E) is or was determined to be terminally ill (as
                    determined under section 1861(dd)(3)(A) of the Social
                    Security Act) and is receiving treatment for such
                    illness from such provider or facility.
                ``(2) Serious and complex condition.--The term `serious and
            complex condition' means, with respect to a participant,
            beneficiary, or enrollee under a group health plan or group or
            individual health insurance coverage--
                        ``(A) in the case of an acute illness, a condition
                    that is serious enough to require specialized medical
                    treatment to avoid the reasonable possibility of death
                    or permanent harm; or
                        ``(B) in the case of a chronic illness or
                    condition, a condition that is--
                                ``(i) is life-threatening, degenerative,
                            potentially disabling, or congenital; and
                                ``(ii) requires specialized medical care
                            over a prolonged period of time.
                ``(3) Terminated.--The term `terminated' includes, with
            respect to a contract, the expiration or nonrenewal of the
            contract, but does not include a termination of the contract
            for failure to meet applicable quality standards or for
            fraud.''.
        (b) Internal Revenue Code.--
                (1) In general.--Subchapter B of chapter 100 of the
            Internal Revenue Code of 1986, as amended by sections 102(c)
            and 105(a)(3), is further amended by inserting after section
            9817 the following new section:

    ``SEC. 9818. CONTINUITY OF CARE.

        ``(a) Ensuring Continuity of Care With Respect to Terminations of
    Certain Contractual Relationships Resulting in Changes in Provider
    Network Status.--
                ``(1) In general.--In the case of an individual with
            benefits under a group health plan and with respect to a health
            care provider or facility that has a contractual relationship
            with such plan for furnishing items and services under such
            plan, if, while such individual is a continuing care patient
            (as defined in subsection (b)) with respect to such provider or
            facility--
                        ``(A) such contractual relationship is terminated
                    (as defined in paragraph (b));
                        ``(B) benefits provided under such plan with
                    respect to such provider or facility are terminated
                    because of a change in the terms of the participation
                    of such provider or facility in such plan; or
                        ``(C) a contract between such group health plan and
                    a health insurance issuer offering health insurance
                    coverage in connection with such plan is terminated,
                    resulting in a loss of benefits provided under such
                    plan with respect to such provider or facility;
            the plan shall meet the requirements of paragraph (2) with
            respect to such individual.
                ``(2) Requirements.--The requirements of this paragraph are
            that the plan--
                        ``(A) notify each individual enrolled under such
                    plan who is a continuing care patient with respect to a
                    provider or facility at the time of a termination
                    described in paragraph (1) affecting such provider on a
                    timely basis of such termination and such individual's
                    right to elect continued transitional care from such
                    provider or facility under this section;
                        ``(B) provide such individual with an opportunity
                    to notify the plan of the individual's need for
                    transitional care; and
                        ``(C) permit the patient to elect to continue to
                    have benefits provided under such plan, under the same
                    terms and conditions as would have applied and with
                    respect to such items and services as would have been
                    covered under such plan had such termination not
                    occurred, with respect to the course of treatment
                    furnished by such provider or facility relating to such
                    individual's status as a continuing care patient during
                    the period beginning on the date on which the notice
                    under subparagraph (A) is provided and ending on the
                    earlier of--
                                ``(i) the 90-day period beginning on such
                            date; or
                                ``(ii) the date on which such individual is
                            no longer a continuing care patient with
                            respect to such provider or facility.
        ``(b) Definitions.--In this section:
                ``(1) Continuing care patient.--The term `continuing care
            patient' means an individual who, with respect to a provider or
            facility--
                        ``(A) is undergoing a course of treatment for a
                    serious and complex condition from the provider or
                    facility;
                        ``(B) is undergoing a course of institutional or
                    inpatient care from the provider or facility;
                        ``(C) is scheduled to undergo nonelective surgery
                    from the provider or facility, including receipt of
                    postoperative care from such provider or facility with
                    respect to such a surgery;
                        ``(D) is pregnant and undergoing a course of
                    treatment for the pregnancy from the provider or
                    facility; or
                        ``(E) is or was determined to be terminally ill (as
                    determined under section 1861(dd)(3)(A) of the Social
                    Security Act) and is receiving treatment for such
                    illness from such provider or facility.
                ``(2) Serious and complex condition.--The term `serious and
            complex condition' means, with respect to a participant or
            beneficiary under a group health plan--
                        ``(A) in the case of an acute illness, a condition
                    that is serious enough to require specialized medical
                    treatment to avoid the reasonable possibility of death
                    or permanent harm; or
                        ``(B) in the case of a chronic illness or
                    condition, a condition that--
                                ``(i) is life-threatening, degenerative,
                            potentially disabling, or congenital; and
                                ``(ii) requires specialized medical care
                            over a prolonged period of time.
                ``(3) Terminated.--The term `terminated' includes, with
            respect to a contract, the expiration or nonrenewal of the
            contract, but does not include a termination of the contract
            for failure to meet applicable quality standards or for
            fraud.''.
                (2) Clerical amendment.--The table of sections for such
            subchapter, as amended by the previous sections, is further
            amended by inserting after the item relating to section 9817
            the following new item:

    ``Sec. 9818. Continuity of care.''.
        (c) Employee Retirement Income Security Act.--
                (1) In general.--Subpart B of part 7 of subtitle B of title
            I of the Employee Retirement Income Security Act of 1974 (29
            U.S.C. 1185 et seq.), as amended by section 102(c) and further
            amended by the previous provisions of this title, is further
            amended by inserting after section 717 the following new
            section:

    ``SEC. 718. CONTINUITY OF CARE.

        ``(a) Ensuring Continuity of Care With Respect to Terminations of
    Certain Contractual Relationships Resulting in Changes in Provider
    Network Status.--
                ``(1) In general.--In the case of an individual with
            benefits under a group health plan or group health insurance
            coverage offered by a health insurance issuer and with respect
            to a health care provider or facility that has a contractual
            relationship with such plan or such issuer (as applicable) for
            furnishing items and services under such plan or such coverage,
            if, while such individual is a continuing care patient (as
            defined in subsection (b)) with respect to such provider or
            facility--
                        ``(A) such contractual relationship is terminated
                    (as defined in paragraph (b));
                        ``(B) benefits provided under such plan or such
                    health insurance coverage with respect to such provider
                    or facility are terminated because of a change in the
                    terms of the participation of the provider or facility
                    in such plan or coverage; or
                        ``(C) a contract between such group health plan and
                    a health insurance issuer offering health insurance
                    coverage in connection with such plan is terminated,
                    resulting in a loss of benefits provided under such
                    plan with respect to such provider or facility;
            the plan or issuer, respectively, shall meet the requirements
            of paragraph (2) with respect to such individual.
                ``(2) Requirements.--The requirements of this paragraph are
            that the plan or issuer--
                        ``(A) notify each individual enrolled under such
                    plan or coverage who is a continuing care patient with
                    respect to a provider or facility at the time of a
                    termination described in paragraph (1) affecting such
                    provider or facility on a timely basis of such
                    termination and such individual's right to elect
                    continued transitional care from such provider or
                    facility under this section;
                        ``(B) provide such individual with an opportunity
                    to notify the plan or issuer of the individual's need
                    for transitional care; and
                        ``(C) permit the patient to elect to continue to
                    have benefits provided under such plan or such
                    coverage, under the same terms and conditions as would
                    have applied and with respect to such items and
                    services as would have been covered under such plan or
                    coverage had such termination not occurred, with
                    respect to the course of treatment furnished by such
                    provider or facility relating to such individual's
                    status as a continuing care patient during the period
                    beginning on the date on which the notice under
                    subparagraph (A) is provided and ending on the earlier
                    of--
                                ``(i) the 90-day period beginning on such
                            date; or
                                ``(ii) the date on which such individual is
                            no longer a continuing care patient with
                            respect to such provider or facility.
        ``(b) Definitions.--In this section:
                ``(1) Continuing care patient.--The term `continuing care
            patient' means an individual who, with respect to a provider or
            facility--
                        ``(A) is undergoing a course of treatment for a
                    serious and complex condition from the provider or
                    facility;
                        ``(B) is undergoing a course of institutional or
                    inpatient care from the provider or facility;
                        ``(C) is scheduled to undergo nonelective surgery
                    from the provide or facility, including receipt of
                    postoperative care from such provider or facility with
                    respect to such a surgery;
                        ``(D) is pregnant and undergoing a course of
                    treatment for the pregnancy from the provider or
                    facility; or
                        ``(E) is or was determined to be terminally ill (as
                    determined under section 1861(dd)(3)(A) of the Social
                    Security Act) and is receiving treatment for such
                    illness from such provider or facility.
                ``(2) Serious and complex condition.--The term `serious and
            complex condition' means, with respect to a participant or
            beneficiary under a group health plan or group health insurance
            coverage--
                        ``(A) in the case of an acute illness, a condition
                    that is serious enough to require specialized medical
                    treatment to avoid the reasonable possibility of death
                    or permanent harm; or
                        ``(B) in the case of a chronic illness or
                    condition, a condition that--
                                ``(i) is life-threatening, degenerative,
                            potentially disabling, or congenital; and
                                ``(ii) requires specialized medical care
                            over a prolonged period of time.
                ``(3) Terminated.--The term `terminated' includes, with
            respect to a contract, the expiration or nonrenewal of the
            contract, but does not include a termination of the contract
            for failure to meet applicable quality standards or for
            fraud.''.
                (2) Clerical amendment.--The table of contents in section 1
            of the Employee Retirement Income Security Act of 1974 is
            amended by inserting after the item relating to section 716 the
            following new item:

    ``Sec. 718. Continuity of care.''.
        (d) Provider Requirement.--Part E of title XXVII of the Public
    Health Service Act (42 U.S.C. 300gg et seq.), as added by section 104
    and further amended by the previous provisions of this title, is
    further amended by adding at the end the following new section:

    ``SEC. 2799B-8. CONTINUITY OF CARE.

        ``A health care provider or health care facility shall, in the case
    of an individual furnished items and services by such provider or
    facility for which coverage is provided under a group health plan or
    group or individual health insurance coverage pursuant to section
    2799A-3, section 9818 of the Internal Revenue Code of 1986, or section
    718 of the Employee Retirement Income Security Act of 1974--
                ``(1) accept payment from such plan or such issuer (as
            applicable) (and cost-sharing from such individual, if
            applicable, in accordance with subsection (a)(2)(C) of such
            section 2799A-3, 9818, or 718) for such items and services as
            payment in full for such items and services; and
                ``(2) continue to adhere to all policies, procedures, and
            quality standards imposed by such plan or issuer with respect
            to such individual and such items and services in the same
            manner as if such termination had not occurred.''.
        (e) Effective Date.--The amendments made by subsections (a), (b),
    and (c) shall apply with respect to plan years beginning on or after
    January 1, 2022.

    SEC. 114. MAINTENANCE OF PRICE COMPARISON TOOL.

        (a) Public Health Service Act.--Title XXVII of the Public Health
    Service Act (42 U.S.C. 300gg et seq.) is amended, in part D, as added
    and amended by section 102 and further amended by the previous
    provisions of this title, by inserting after section 2799A-3 the
    following new section:

    ``SEC. 2799A-4. MAINTENANCE OF PRICE COMPARISON TOOL.

        ``A group health plan or a health insurance issuer offering group
    or individual health insurance coverage shall offer price comparison
    guidance by telephone and make available on the Internet website of the
    plan or issuer a price comparison tool that (to the extent practicable)
    allows an individual enrolled under such plan or coverage, with respect
    to such plan year, such geographic region, and participating providers
    with respect to such plan or coverage, to compare the amount of cost-
    sharing that the individual would be responsible for paying under such
    plan or coverage with respect to the furnishing of a specific item or
    service by any such provider.''.
        (b) Internal Revenue Code.--
                (1) In general.--Subchapter B of chapter 100 of the
            Internal Revenue Code of 1986, as amended by sections 102, 105,
            and 113, is further amended by inserting after section 9818 the
            following new section:

    ``SEC. 9819. MAINTENANCE OF PRICE COMPARISON TOOL.

        ``A group health plan shall offer price comparison guidance by
    telephone and make available on the Internet website of the plan or
    issuer a price comparison tool that (to the extent practicable) allows
    an individual enrolled under such plan, with respect to such plan year,
    such geographic region, and participating providers with respect to
    such plan or coverage, to compare the amount of cost-sharing that the
    individual would be responsible for paying under such plan with respect
    to the furnishing of a specific item or service by any such
    provider.''.
                (2) Clerical amendment.--The table of sections for such
            subchapter, as amended by the previous sections, is further
            amended by inserting after the item relating to section 9818
            the following new item:

    ``Sec. 9819. Maintenance of price comparison tool.''.
        (c) Employee Retirement Income Security Act.--
                (1) In general.--Subpart B of part 7 of subtitle B of title
            I of the Employee Retirement Income Security Act of 1974 (29
            U.S.C. 1185 et seq.), as amended by sections 102, 105, and 113,
            is further amended by inserting after section 718 the following
            new section:

    ``SEC. 719. MAINTENANCE OF PRICE COMPARISON TOOL.

        ``A group health plan or a health insurance issuer offering group
    health insurance coverage shall offer price comparison guidance by
    telephone and make available on the Internet website of the plan or
    issuer a price comparison tool that (to the extent practicable) allows
    an individual enrolled under such plan or coverage, with respect to
    such plan year, such geographic region, and participating providers
    with respect to such plan or coverage, to compare the amount of cost-
    sharing that the individual would be responsible for paying under such
    plan or coverage with respect to the furnishing of a specific item or
    service by any such provider.''.
                (2) Clerical amendment.--The table of contents in section 1
            of the Employee Retirement Income Security Act of 1974, as
            amended by the previous provisions of this title, is further
            amended by inserting after the item relating to section 716 the
            following new item:

    ``Sec. 719. Maintenance of price comparison tool.''.
        (d) Effective Date.--The amendments made by this section shall
    apply with respect to plan years beginning on or after January 1, 2022.

    SEC. 115. STATE ALL PAYER CLAIMS DATABASES.

        (a) Grants to States.--Part B of title III of the Public Health
    Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the
    following:

    ``SEC. 320B. STATE ALL PAYER CLAIMS DATABASES.

        ``(a) In General.--The Secretary shall make one-time grants to
    eligible States for the purposes described in subsection (b).
        ``(b) Uses.--A State may use a grant received under subsection (a)
    for one of the following purposes:
                ``(1) To establish a State All Payer Claims Database.
                ``(2) To improve an existing State All Payer Claims
            Databases.
        ``(c) Eligibility.--To be eligible to receive a grant under
    subsection (a), a State shall submit to the Secretary an application at
    such time, in such manner, and containing such information as the
    Secretary specifies, including, with respect to a State All Payer
    Claims Database, at least specifics on how the State will ensure
    uniform data collection and the privacy and security of such data.
        ``(d) Grant Period and Amount.--Grants awarded under this section
    shall be for a period of 3-years, and in an amount of $2,500,000, of
    which $1,000,000 shall be made available to the State for each of the
    first 2 years of the grant period, and $500,000 shall be made available
    to the State for the third year of the grant period.
        ``(e) Authorized Users.--
                ``(1) Application.--An entity desiring authorization for
            access to a State All Payer Claims Database that has received a
            grant under this section shall submit to the State All Payer
            Claims Database an application for such access, which shall
            include--
                        ``(A) in the case of an entity requesting access
                    for research purposes--
                                ``(i) a description of the uses and
                            methodologies for evaluating health system
                            performance using such data; and
                                ``(ii) documentation of approval of the
                            research by an institutional review board, if
                            applicable for a particular plan of research;
                            or
                        ``(B) in the case of an entity such as an employer,
                    health insurance issuer, third-party administrator, or
                    health care provider, requesting access for the purpose
                    of quality improvement or cost-containment, a
                    description of the intended uses for such data.
                ``(2) Requirements.--
                        ``(A) Access for research purposes.--Upon approval
                    of an application for research purposes under paragraph
                    (1)(A), the authorized user shall enter into a data use
                    and confidentiality agreement with the State All Payer
                    Claims Database that has received a grant under this
                    subsection, which shall include a prohibition on
                    attempts to reidentify and disclose individually
                    identifiable health information and proprietary
                    financial information.
                        ``(B) Customized reports.--Employers and employer
                    organizations may request customized reports from a
                    State All Payer Claims Database that has received a
                    grant under this section, at cost, subject to the
                    requirements of this section with respect to privacy,
                    security, and proprietary financial information.
                        ``(C) Non-customized reports.--A State All Payer
                    Claims Database that has received a grant under this
                    section shall make available to all authorized users
                    aggregate data sets available through the State All
                    Payer Claims Database, free of charge.
                ``(3) Waivers.--The Secretary may waive the requirements of
            this subsection of a State All Payer Claims Database to provide
            access of entities to such database if such State All Payer
            Claims Database is substantially in compliance with this
            subsection.
        ``(f) Expanded Access.--
                ``(1) Multi-state applications.--The Secretary may
            prioritize applications submitted by a State whose application
            demonstrates that the State will work with other State All
            Payer Claims Databases to establish a single application for
            access to data by authorized users across multiple States.
                ``(2) Expansion of data sets.--The Secretary may prioritize
            applications submitted by a State whose application
            demonstrates that the State will implement the reporting format
            for self-insured group health plans described in section 735 of
            the Employee Retirement Income Security Act of 1974.
        ``(g) Definitions.--In this section--
                ``(1) the term `individually identifiable health
            information' has the meaning given such term in section 1171(6)
            of the Social Security Act;
                ``(2) the term `proprietary financial information' means
            data that would disclose the terms of a specific contract
            between an individual health care provider or facility and a
            specific group health plan, managed care entity (as defined in
            section 1932(a)(1)(B) of the Social Security Act) or other
            managed care organization, or health insurance issuer offering
            group or individual health insurance coverage; and
                ``(3) the term `State All Payer Claims Database' means,
            with respect to a State, a database that may include medical
            claims, pharmacy claims, dental claims, and eligibility and
            provider files, which are collected from private and public
            payers.
        ``(h) Authorization of Appropriations.--To carry out this section,
    there is authorized to be appropriated $50,000,000 for each of fiscal
    years 2022 and 2023, and $25,000,000 for fiscal year 2024, to remain
    available until expended.''.
        (b) Standardized Reporting Format.--
                Subpart C of part 7 of subtitle B of title I of the
            Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191
            et seq.) is amended by adding at the end the following:

    ``SEC. 735. STANDARDIZED REPORTING FORMAT.

        ``(a) In General.--Not later than 1 year after the date of
    enactment of this section, the Secretary shall establish (and
    periodically update) a standardized reporting format for the voluntary
    reporting, by group health plans to State All Payer Claims Databases,
    of medical claims, pharmacy claims, dental claims, and eligibility and
    provider files that are collected from private and public payers, and
    shall provide guidance to States on the process by which States may
    collect such data from such plans in the standardized reporting format.
        ``(b) Consultation.--
                ``(1) Advisory committee.--Not later than 90 days after the
            date of enactment of this section, the Secretary shall convene
            an Advisory Committee (referred to in this section as the
            `Committee'), consisting of 15 members to advise the Secretary
            regarding the format and guidance described in paragraph (1).
                ``(2) Membership.--
                        ``(A) Appointment.--In accordance with subparagraph
                    (B), not later than 90 days after the date of enactment
                    this section, the Secretary, in coordination with the
                    Secretary of Health and Human Services, shall appoint
                    under subparagraph (B)(iii), and the Comptroller
                    General of the United States shall appoint under
                    subparagraph (B)(iv), members who have distinguished
                    themselves in the fields of health services research,
                    health economics, health informatics, data privacy and
                    security, or the governance of State All Payer Claims
                    Databases, or who represent organizations likely to
                    submit data to or use the database, including patients,
                    employers, or employee organizations that sponsor group
                    health plans, health care providers, health insurance
                    issuers, or third-party administrators of group health
                    plans. Such members shall serve 3-year terms on a
                    staggered basis. Vacancies on the Committee shall be
                    filled by appointment consistent with this paragraph
                    not later than 3 months after the vacancy arises.
                        ``(B) Composition.--The Committee shall be
                    comprised of--
                                ``(i) the Assistant Secretary of Employee
                            Benefits and Security Administration of the
                            Department of Labor, or a designee of such
                            Assistant Secretary;
                                ``(ii) the Assistant Secretary for Planning
                            and Evaluation of the Department of Health and
                            Human Services, or a designee of such Assistant
                            Secretary;
                                ``(iii) members appointed by the Secretary,
                            in coordination with the Secretary of Health
                            and Human Services, including--
                                        ``(I) 1 member to serve as the
                                    chair of the Committee;
                                        ``(II) 1 representative of the
                                    Centers for Medicare & Medicaid
                                    Services;
                                        ``(III) 1 representative of the
                                    Agency for Healthcare Research and
                                    Quality;
                                        ``(IV) 1 representative of the
                                    Office for Civil Rights of the
                                    Department of Health and Human Services
                                    with expertise in data privacy and
                                    security;
                                        ``(V) 1 representative of the
                                    National Center for Health Statistics;
                                        ``(VI) 1 representative of the
                                    Office of the National Coordinator for
                                    Health Information Technology; and
                                        ``(VII) 1 representative of a State
                                    All-Payer Claims Database;
                                ``(iv) members appointed by the Comptroller
                            General of the United States, including--
                                        ``(I) 1 representative of an
                                    employer that sponsors a group health
                                    plan;
                                        ``(II) 1 representative of an
                                    employee organization that sponsors a
                                    group health plan;
                                        ``(III) 1 academic researcher with
                                    expertise in health economics or health
                                    services research;
                                        ``(IV) 1 consumer advocate; and
                                        ``(V) 2 additional members.
                ``(3) Report.--Not later than 180 days after the date of
            enactment of this section, the Committee shall report to the
            Secretary, 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. Such report shall include recommendations
            on the establishment of the format and guidance described in
            subsection (a).
        ``(c) State All Payer Claims Database.--In this section, the term
    `State All Payer Claims Database' means, with respect to a State, a
    database that may include medical claims, pharmacy claims, dental
    claims, and eligibility and provider files, which are collected from
    private and public payers.
        ``(d) Authorization of Appropriations.--To carry out this section,
    there are authorized to be appropriated $5,000,000 for fiscal year
    2021, to remain available until expended or, if sooner, until the date
    described in subsection (e).
        ``(e) Sunset.--Beginning on the date on which the report is
    submitted under subsection (b)(3), subsection (b) shall have no force
    or effect.''.

    SEC. 116. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF PROVIDER
                  DIRECTORY INFORMATION.

        (a) PHSA.--Part D of title XXVII of the Public Health Service Act
    (42 U.S.C. 300gg et seq.), as added and amended by section 102 and
    further amended by the previous provisions of this title, is further
    amended by inserting after section 2799A-4 the following:

    ``SEC. 2799A-5. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF
                  PROVIDER DIRECTORY INFORMATION.

        ``(a) Provider Directory Information Requirements.--
                ``(1) In general.--For plan years beginning on or after
            January 1, 2022, each group health plan and health insurance
            issuer offering group or individual health insurance coverage
            shall--
                        ``(A) establish the verification process described
                    in paragraph (2);
                        ``(B) establish the response protocol described in
                    paragraph (3);
                        ``(C) establish the database described in paragraph
                    (4); and
                        ``(D) include in any directory (other than the
                    database described in subparagraph (C)) containing
                    provider directory information with respect to such
                    plan or such coverage the information described in
                    paragraph (5).
                ``(2) Verification process.--The verification process
            described in this paragraph is, with respect to a group health
            plan or a health insurance issuer offering group or individual
            health insurance coverage, a process--
                        ``(A) under which, not less frequently than once
                    every 90 days, such plan or such issuer (as applicable)
                    verifies and updates the provider directory information
                    included on the database described in paragraph (4) of
                    such plan or issuer of each health care provider and
                    health care facility included in such database;
                        ``(B) that establishes a procedure for the removal
                    of such a provider or facility with respect to which
                    such plan or issuer has been unable to verify such
                    information during a period specified by the plan or
                    issuer; and
                        ``(C) that provides for the update of such database
                    within 2 business days of such plan or issuer receiving
                    from such a provider or facility information pursuant
                    to section 2799B-9.
                ``(3) Response protocol.--The response protocol described
            in this paragraph is, in the case of an individual enrolled
            under a group health plan or group or individual health
            insurance coverage offered by a health insurance issuer who
            requests information through a telephone call or electronic,
            web-based, or Internet-based means on whether a health care
            provider or health care facility has a contractual relationship
            to furnish items and services under such plan or such coverage,
            a protocol under which such plan or such issuer (as
            applicable), in the case such request is made through a
            telephone call--
                        ``(A) responds to such individual as soon as
                    practicable and in no case later than 1 business day
                    after such call is received, through a written
                    electronic or print (as requested by such individual)
                    communication; and
                        ``(B) retains such communication in such
                    individual's file for at least 2 years following such
                    response.
                ``(4) Database.--The database described in this paragraph
            is, with respect to a group health plan or health insurance
            issuer offering group or individual health insurance coverage,
            a database on the public website of such plan or issuer that
            contains--
                        ``(A) a list of each health care provider and
                    health care facility with which such plan or such
                    issuer has a direct or indirect contractual
                    relationship for furnishing items and services under
                    such plan or such coverage; and
                        ``(B) provider directory information with respect
                    to each such provider and facility.
                ``(5) Information.--The information described in this
            paragraph is, with respect to a print directory containing
            provider directory information with respect to a group health
            plan or individual or group health insurance coverage offered
            by a health insurance issuer, a notification that such
            information contained in such directory was accurate as of the
            date of publication of such directory and that an individual
            enrolled under such plan or such coverage should consult the
            database described in paragraph (4) with respect to such plan
            or such coverage or contact such plan or the issuer of such
            coverage to obtain the most current provider directory
            information with respect to such plan or such coverage.
                ``(6) Definition.--For purposes of this subsection, the
            term `provider directory information' includes, with respect to
            a group health plan and a health insurance issuer offering
            group or individual health insurance coverage, the name,
            address, specialty, telephone number, and digital contact
            information of each health care provider or health care
            facility with which such plan or such issuer has a contractual
            relationship for furnishing items and services under such plan
            or such coverage.
                ``(7) Rule of construction.--Nothing in this section shall
            be construed to preempt any provision of State law relating to
            health care provider directories.
        ``(b) Cost-sharing for Services Provided Based on Reliance on
    Incorrect Provider Network Information.--
                ``(1) In general.--For plan years beginning on or after
            January 1, 2022, in the case of an item or service furnished to
            a participant, beneficiary, or enrollee of a group health plan
            or group or individual health insurance coverage offered by a
            health insurance issuer by a nonparticipating provider or a
            nonparticipating facility, if such item or service would
            otherwise be covered under such plan or coverage if furnished
            by a participating provider or participating facility and if
            either of the criteria described in paragraph (2) applies with
            respect to such participant, beneficiary, or enrollee and item
            or service, the plan or coverage--
                        ``(A) shall not impose on such participant,
                    beneficiary, or enrollee a cost-sharing amount for such
                    item or service so furnished that is greater than the
                    cost-sharing amount that would apply under such plan or
                    coverage had such item or service been furnished by a
                    participating provider; and
                        ``(B) shall apply the deductible or out-of-pocket
                    maximum, if any, that would apply if such services were
                    furnished by a participating provider or a
                    participating facility.
                ``(2) Criteria described.--For purposes of paragraph (1),
            the criteria described in this paragraph, with respect to an
            item or service furnished to a participant, beneficiary, or
            enrollee of a group health plan or group or individual health
            insurance coverage offered by a health insurance issuer by a
            nonparticipating provider or a nonparticipating facility, are
            the following:
                        ``(A) The participant, beneficiary, or enrollee
                    received through a database, provider directory, or
                    response protocol described in subsection (a)
                    information with respect to such item and service to be
                    furnished and such information provided that the
                    provider was a participating provider or facility was a
                    participating facility, with respect to the plan for
                    furnishing such item or service.
                        ``(B) The information was not provided, in
                    accordance with subsection (a), to the participant,
                    beneficiary, or enrollee and the participant,
                    beneficiary, or enrollee requested through the response
                    protocol described in subsection (a)(3) of the plan or
                    coverage information on whether the provider was a
                    participating provider or facility was a participating
                    facility with respect to the plan for furnishing such
                    item or service and was informed through such protocol
                    that the provider was such a participating provider or
                    facility was such a participating facility.
        ``(c) Disclosure on Patient Protections Against Balance Billing.--
    For plan years beginning on or after January 1, 2022, each group health
    plan and health insurance issuer offering group or individual health
    insurance coverage shall make publicly available, post on a public
    website of such plan or issuer, and include on each explanation of
    benefits for an item or service with respect to which the requirements
    under section 2799A-1 applies--
                ``(1) information in plain language on--
                        ``(A) the requirements and prohibitions applied
                    under sections 2799B-1 and 2799B-2 (relating to
                    prohibitions on balance billing in certain
                    circumstances);
                        ``(B) if provided for under applicable State law,
                    any other requirements on providers and facilities
                    regarding the amounts such providers and facilities
                    may, with respect to an item or service, charge a
                    participant, beneficiary, or enrollee of such plan or
                    coverage with respect to which such a provider or
                    facility does not have a contractual relationship for
                    furnishing such item or service under the plan or
                    coverage after receiving payment from the plan or
                    coverage for such item or service and any applicable
                    cost sharing payment from such participant,
                    beneficiary, or enrollee; and
                        ``(C) the requirements applied under section 2799A-
                    1; and
                ``(2) information on contacting appropriate State and
            Federal agencies in the case that an individual believes that
            such a provider or facility has violated any requirement
            described in paragraph (1) with respect to such individual.''.
        (b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
    seq.), as amended by sections 102, 105, 113, and 114, is further
    amended by inserting after section 719 the following:

    ``SEC. 720. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF PROVIDER
                  DIRECTORY INFORMATION.

        ``(a) Provider Directory Information Requirements.--
                ``(1) In general.--For plan years beginning on or after
            January 1, 2022, each group health plan and health insurance
            issuer offering group health insurance coverage shall--
                        ``(A) establish the verification process described
                    in paragraph (2);
                        ``(B) establish the response protocol described in
                    paragraph (3);
                        ``(C) establish the database described in paragraph
                    (4); and
                        ``(D) include in any directory (other than the
                    database described in subparagraph (C)) containing
                    provider directory information with respect to such
                    plan or such coverage the information described in
                    paragraph (5).
                ``(2) Verification process.--The verification process
            described in this paragraph is, with respect to a group health
            plan or a health insurance issuer offering group health
            insurance coverage, a process--
                        ``(A) under which, not less frequently than once
                    every 90 days, such plan or such issuer (as applicable)
                    verifies and updates the provider directory information
                    included on the database described in paragraph (4) of
                    such plan or issuer of each health care provider and
                    health care facility included in such database;
                        ``(B) that establishes a procedure for the removal
                    of such a provider or facility with respect to which
                    such plan or issuer has been unable to verify such
                    information during a period specified by the plan or
                    issuer; and
                        ``(C) that provides for the update of such database
                    within 2 business days of such plan or issuer receiving
                    from such a provider or facility information pursuant
                    to section 2799B-9 of the Public Health Service Act.
                ``(3) Response protocol.--The response protocol described
            in this paragraph is, in the case of an individual enrolled
            under a group health plan or group health insurance coverage
            offered by a health insurance issuer who requests information
            through a telephone call or electronic, web-based, or Internet-
            based means on whether a health care provider or health care
            facility has a contractual relationship to furnish items and
            services under such plan or such coverage, a protocol under
            which such plan or such issuer (as applicable), in the case
            such request is made through a telephone call--
                        ``(A) responds to such individual as soon as
                    practicable and in no case later than 1 business day
                    after such call is received, through a written
                    electronic or print (as requested by such individual)
                    communication; and
                        ``(B) retains such communication in such
                    individual's file for at least 2 years following such
                    response.
                ``(4) Database.--The database described in this paragraph
            is, with respect to a group health plan or health insurance
            issuer offering group health insurance coverage, a database on
            the public website of such plan or issuer that contains--
                        ``(A) a list of each health care provider and
                    health care facility with which such plan or such
                    issuer has a direct or indirect contractual
                    relationship for furnishing items and services under
                    such plan or such coverage; and
                        ``(B) provider directory information with respect
                    to each such provider and facility.
                ``(5) Information.--The information described in this
            paragraph is, with respect to a print directory containing
            provider directory information with respect to a group health
            plan or group health insurance coverage offered by a health
            insurance issuer, a notification that such information
            contained in such directory was accurate as of the date of
            publication of such directory and that an individual enrolled
            under such plan or such coverage should consult the database
            described in paragraph (4) with respect to such plan or such
            coverage or contact such plan or the issuer of such coverage to
            obtain the most current provider directory information with
            respect to such plan or such coverage.
                ``(6) Definition.--For purposes of this subsection, the
            term `provider directory information' includes, with respect to
            a group health plan and a health insurance issuer offering
            group health insurance coverage, the name, address, specialty,
            telephone number, and digital contact information of each
            health care provider or health care facility with which such
            plan or such issuer has a contractual relationship for
            furnishing items and services under such plan or such coverage.
                ``(7) Rule of construction.--Nothing in this section shall
            be construed to preempt any provision of State law relating to
            health care provider directories, to the extent such State law
            applies to such plan, coverage, or issuer, subject to section
            514.
        ``(b) Cost-sharing for Services Provided Based on Reliance on
    Incorrect Provider Network Information.--
                ``(1) In general.--For plan years beginning on or after
            January 1, 2022, in the case of an item or service furnished to
            a participant or beneficiary of a group health plan or group
            health insurance coverage offered by a health insurance issuer
            by a nonparticipating provider or a nonparticipating facility,
            if such item or service would otherwise be covered under such
            plan or coverage if furnished by a participating provider or
            participating facility and if either of the criteria described
            in paragraph (2) applies with respect to such participant or
            beneficiary and item or service, the plan or coverage--
                        ``(A) shall not impose on such participant or
                    beneficiary a cost-sharing amount for such item or
                    service so furnished that is greater than the cost-
                    sharing amount that would apply under such plan or
                    coverage had such item or service been furnished by a
                    participating provider; and
                        ``(B) shall apply the deductible or out-of-pocket
                    maximum, if any, that would apply if such services were
                    furnished by a participating provider or a
                    participating facility.
                ``(2) Criteria described.--For purposes of paragraph (1),
            the criteria described in this paragraph, with respect to an
            item or service furnished to a participant or beneficiary of a
            group health plan or group health insurance coverage offered by
            a health insurance issuer by a nonparticipating provider or a
            nonparticipating facility, are the following:
                        ``(A) The participant or beneficiary received
                    through a database, provider directory, or response
                    protocol described in subsection (a) information with
                    respect to such item and service to be furnished and
                    such information provided that the provider was a
                    participating provider or facility was a participating
                    facility, with respect to the plan for furnishing such
                    item or service.
                        ``(B) The information was not provided, in
                    accordance with subsection (a), to the participant or
                    beneficiary and the participant or beneficiary
                    requested through the response protocol described in
                    subsection (a)(3) of the plan or coverage information
                    on whether the provider was a participating provider or
                    facility was a participating facility with respect to
                    the plan for furnishing such item or service and was
                    informed through such protocol that the provider was
                    such a participating provider or facility was such a
                    participating facility.
        ``(c) Disclosure on Patient Protections Against Balance Billing.--
    For plan years beginning on or after January 1, 2022, each group health
    plan and health insurance issuer offering group health insurance
    coverage shall make publicly available, post on a public website of
    such plan or issuer, and include on each explanation of benefits for an
    item or service with respect to which the requirements under section
    716 applies--
                ``(1) information in plain language on--
                        ``(A) the requirements and prohibitions applied
                    under sections 2799B-1 and 2799B-2 of the Public Health
                    Service Act (relating to prohibitions on balance
                    billing in certain circumstances);
                        ``(B) if provided for under applicable State law,
                    any other requirements on providers and facilities
                    regarding the amounts such providers and facilities
                    may, with respect to an item or service, charge a
                    participant or beneficiary of such plan or coverage
                    with respect to which such a provider or facility does
                    not have a contractual relationship for furnishing such
                    item or service under the plan or coverage after
                    receiving payment from the plan or coverage for such
                    item or service and any applicable cost sharing payment
                    from such participant or beneficiary; and
                        ``(C) the requirements applied under section 716;
                    and
                ``(2) information on contacting appropriate State and
            Federal agencies in the case that an individual believes that
            such a provider or facility has violated any requirement
            described in paragraph (1) with respect to such individual.''.
        (c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
    of 1986, as amended by sections 102, 105, 113, and 114, is further
    amended by inserting after section 9819 the following:

    ``SEC. 9820. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF PROVIDER
                  DIRECTORY INFORMATION.

        ``(a) Provider Directory Information Requirements.--
                ``(1) In general.--For plan years beginning on or after
            January 1, 2022, each group health plan shall--
                        ``(A) establish the verification process described
                    in paragraph (2);
                        ``(B) establish the response protocol described in
                    paragraph (3);
                        ``(C) establish the database described in paragraph
                    (4); and
                        ``(D) include in any directory (other than the
                    database described in subparagraph (C)) containing
                    provider directory information with respect to such
                    plan the information described in paragraph (5).
                ``(2) Verification process.--The verification process
            described in this paragraph is, with respect to a group health
            plan, a process--
                        ``(A) under which, not less frequently than once
                    every 90 days, such plan verifies and updates the
                    provider directory information included on the database
                    described in paragraph (4) of such plan or issuer of
                    each health care provider and health care facility
                    included in such database;
                        ``(B) that establishes a procedure for the removal
                    of such a provider or facility with respect to which
                    such plan or issuer has been unable to verify such
                    information during a period specified by the plan or
                    issuer; and
                        ``(C) that provides for the update of such database
                    within 2 business days of such plan or issuer receiving
                    from such a provider or facility information pursuant
                    to section 2799B-9 of the Public Health Service Act.
                ``(3) Response protocol.--The response protocol described
            in this paragraph is, in the case of an individual enrolled
            under a group health plan who requests information through a
            telephone call or electronic, web-based, or Internet-based
            means on whether a health care provider or health care facility
            has a contractual relationship to furnish items and services
            under such plan, a protocol under which such plan or such
            issuer (as applicable), in the case such request is made
            through a telephone call--
                        ``(A) responds to such individual as soon as
                    practicable and in no case later than 1 business day
                    after such call is received, through a written
                    electronic or print (as requested by such individual)
                    communication; and
                        ``(B) retains such communication in such
                    individual's file for at least 2 years following such
                    response.
                ``(4) Database.--The database described in this paragraph
            is, with respect to a group health plan, a database on the
            public website of such plan or issuer that contains--
                        ``(A) a list of each health care provider and
                    health care facility with which such plan or such
                    issuer has a direct or indirect contractual
                    relationship for furnishing items and services under
                    such plan; and
                        ``(B) provider directory information with respect
                    to each such provider and facility.
                ``(5) Information.--The information described in this
            paragraph is, with respect to a print directory containing
            provider directory information with respect to a group health
            plan, a notification that such information contained in such
            directory was accurate as of the date of publication of such
            directory and that an individual enrolled under such plan
            should consult the database described in paragraph (4) with
            respect to such plan or contact such plan to obtain the most
            current provider directory information with respect to such
            plan.
                ``(6) Definition.--For purposes of this subsection, the
            term `provider directory information' includes, with respect to
            a group health plan, the name, address, specialty, telephone
            number, and digital contact information of each health care
            provider or health care facility with which such plan has a
            contractual relationship for furnishing items and services
            under such plan.
                ``(7) Rule of construction.--Nothing in this section shall
            be construed to preempt any provision of State law relating to
            health care provider directories.
        ``(b) Cost-sharing for Services Provided Based on Reliance on
    Incorrect Provider Network Information.--
                ``(1) In general.--For plan years beginning on or after
            January 1, 2022, in the case of an item or service furnished to
            a participant or beneficiary of a group health plan by a
            nonparticipating provider or a nonparticipating facility, if
            such item or service would otherwise be covered under such plan
            if furnished by a participating provider or participating
            facility and if either of the criteria described in paragraph
            (2) applies with respect to such participant or beneficiary and
            item or service, the plan--
                        ``(A) shall not impose on such participant or
                    beneficiary a cost-sharing amount for such item or
                    service so furnished that is greater than the cost-
                    sharing amount that would apply under such plan had
                    such item or service been furnished by a participating
                    provider; and
                        ``(B) shall apply the deductible or out-of-pocket
                    maximum, if any, that would apply if such services were
                    furnished by a participating provider or a
                    participating facility.
                ``(2) Criteria described.--For purposes of paragraph (1),
            the criteria described in this paragraph, with respect to an
            item or service furnished to a participant or beneficiary of a
            group health plan by a nonparticipating provider or a
            nonparticipating facility, are the following:
                        ``(A) The participant or beneficiary received
                    through a database, provider directory, or response
                    protocol described in subsection (a) information with
                    respect to such item and service to be furnished and
                    such information provided that the provider was a
                    participating provider or facility was a participating
                    facility, with respect to the plan for furnishing such
                    item or service.
                        ``(B) The information was not provided, in
                    accordance with subsection (a), to the participant or
                    beneficiary and the participant or beneficiary
                    requested through the response protocol described in
                    subsection (a)(3) of the plan information on whether
                    the provider was a participating provider or facility
                    was a participating facility with respect to the plan
                    for furnishing such item or service and was informed
                    through such protocol that the provider was such a
                    participating provider or facility was such a
                    participating facility.
        ``(c) Disclosure on Patient Protections Against Balance Billing.--
    For plan years beginning on or after January 1, 2022, each group health
    plan shall make publicly available, post on a public website of such
    plan or issuer, and include on each explanation of benefits for an item
    or service with respect to which the requirements under section 9816
    applies--
                ``(1) information in plain language on--
                        ``(A) the requirements and prohibitions applied
                    under sections 2799B-1 and 2799B-2 of the Public Health
                    Service Act(relating to prohibitions on balance billing
                    in certain circumstances);
                        ``(B) if provided for under applicable State law,
                    any other requirements on providers and facilities
                    regarding the amounts such providers and facilities
                    may, with respect to an item or service, charge a
                    participant or beneficiary of such plan with respect to
                    which such a provider or facility does not have a
                    contractual relationship for furnishing such item or
                    service under the plan after receiving payment from the
                    plan for such item or service and any applicable cost
                    sharing payment from such participant or beneficiary;
                    and
                        ``(C) the requirements applied under section 9816;
                    and
                ``(2) information on contacting appropriate State and
            Federal agencies in the case that an individual believes that
            such a provider or facility has violated any requirement
            described in paragraph (1) with respect to such individual.''.
        (d) Clerical Amendments.--
                (1) ERISA.--The table of contents in section 1 of the
            Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
            et seq.), as amended by the previous provisions of this title,
            is further amended by inserting after the item relating to
            section 719 the following new item:

    ``720. Protecting patients and improving the accuracy of provider
                                directory information.''.
                (2) IRC.--The table of sections for subchapter B of chapter
            100 of the Internal Revenue Code of 1986, as amended by the
            previous provisions of this title, is further amended by
            inserting after the item relating to section 9819 the following
            new item:

    ``9820. Protecting patients and improving the accuracy of provider
                                directory information.''.
        (e) Provider Requirements.--Part E of title XXVII of the Public
    Health Service Act (42 U.S.C. 300gg et seq.), as added by section 104
    and as further amended by the previous provisions of this title, is
    further amended by adding at the end the following:

    ``SEC. 2799B-9. PROVIDER REQUIREMENTS TO PROTECT PATIENTS AND IMPROVE
                  THE ACCURACY OF PROVIDER DIRECTORY INFORMATION.

        ``(a) Provider Business Processes.--Beginning not later than
    January 1, 2022, each health care provider and each health care
    facility shall have in place business processes to ensure the timely
    provision of provider directory information to a group health plan or a
    health insurance issuer offering group or individual health insurance
    coverage to support compliance by such plans or issuers with section
    2799A-5(a)(1), section 720(a)(1) of the Employee Retirement Income
    Security Act of 1974, or section 9820(a)(1) of the Internal Revenue
    Code of 1986, as applicable. Such providers shall submit provider
    directory information to a plan or issuers, at a minimum--
                ``(1) when the provider or facility begins a network
            agreement with a plan or with an issuer with respect to certain
            coverage;
                ``(2) when the provider or facility terminates a network
            agreement with a plan or with an issuer with respect to certain
            coverage;
                ``(3) when there are material changes to the content of
            provider directory information of the provider or facility
            described in section 2799A-5(a)(1), section 720(a)(1) of the
            Employee Retirement Income Security Act of 1974, or section
            9820(a)(1) of the Internal Revenue Code of 1986, as applicable;
            and
                ``(4) at any other time (including upon the request of such
            issuer or plan) determined appropriate by the provider,
            facility, or the Secretary.
        ``(b) Refunds to Enrollees.--If a health care provider submits a
    bill to an enrollee based on cost-sharing for treatment or services
    provided by the health care provider that is in excess of the normal
    cost-sharing applied for such treatment or services provided in-
    network, as prohibited under section 2799A-5(b), section 720(b) of the
    Employee Retirement Income Security Act of 1974, or section 9820(b) of
    the Internal Revenue Code of 1986, as applicable, and the enrollee pays
    such bill, the provider shall reimburse the enrollee for the full
    amount paid by the enrollee in excess of the in-network cost-sharing
    amount for the treatment or services involved, plus interest, at an
    interest rate determined by the Secretary.
        ``(c) Limitation.--Nothing in this section shall prohibit a
    provider from requiring in the terms of a contract, or contract
    termination, with a group health plan or health insurance issuer--
                ``(1) that the plan or issuer remove, at the time of
            termination of such contract, the provider from a directory of
            the plan or issuer described in section 2799A-5(a), section
            720(a) of the Employee Retirement Income Security Act of 1974,
            or section 9820(a) of the Internal Revenue Code of 1986, as
            applicable; or
                ``(2) that the plan or issuer bear financial
            responsibility, including under section 2799A-5(b), section
            720(b) of the Employee Retirement Income Security Act of 1974,
            or section 9820(b) of the Internal Revenue Code of 1986, as
            applicable, for providing inaccurate network status information
            to an enrollee.
        ``(d) Definition.--For purposes of this section, the term `provider
    directory information' includes the names, addresses, specialty,
    telephone numbers, and digital contact information of individual health
    care providers, and the names, addresses, telephone numbers, and
    digital contact information of each medical group, clinic, or facility
    contracted to participate in any of the networks of the group health
    plan or health insurance coverage involved.
        ``(e) Rule of Construction.--Nothing in this section shall be
    construed to preempt any provision of State law relating to health care
    provider directories.''.

    SEC. 117. ADVISORY COMMITTEE ON GROUND AMBULANCE AND PATIENT BILLING.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Secretary of Labor, Secretary of Health and Human
    Services, and the Secretary of the Treasury (the Secretaries) shall
    jointly establish an advisory committee for the purpose of reviewing
    options to improve the disclosure of charges and fees for ground
    ambulance services, better inform consumers of insurance options for
    such services, and protect consumers from balance billing.
        (b) Composition of the Advisory Committee.--The advisory committee
    shall be composed of the following members:
                (1) The Secretary of Labor, or the Secretary's designee.
                (2) The Secretary of Health and Human Services, or the
            Secretary's designee.
                (3) The Secretary of the Treasury, or the Secretary's
            designee.
                (4) One representative, to be appointed jointly by the
            Secretaries, for each of the following:
                        (A) Each relevant Federal agency, as determined by
                    the Secretaries.
                        (B) State insurance regulators.
                        (C) Health insurance providers.
                        (D) Patient advocacy groups.
                        (E) Consumer advocacy groups.
                        (F) State and local governments.
                        (G) Physician specializing in emergency, trauma,
                    cardiac, or stroke.
                        (H) State Emergency Medical Services Officials.
                        (I) Emergency medical technicians, paramedics, and
                    other emergency medical services personnel.
                (5) Three representatives, to be appointed jointly by the
            Secretaries, to represent the various segments of the ground
            ambulance industry.
                (6) Up to an additional 2 representatives otherwise not
            described in paragraphs (1) through (5), as determined
            necessary and appropriate by the Secretaries.
        (c) Consultation.--The advisory committee shall, as appropriate,
    consult with relevant experts and stakeholders, including those not
    otherwise included under subsection (b), while conducting the review
    described in subsection (a).
        (d) Recommendations.--The advisory committee shall make
    recommendations with respect to disclosure of charges and fees for
    ground ambulance services and insurance coverage, consumer protection
    and enforcement authorities of the Departments of Labor, Health and
    Human Services, and the Treasury and State authorities, and the
    prevention of balance billing to consumers. The recommendations shall
    address, at a minimum--
                (1) options, best practices, and identified standards to
            prevent instances of balance billing;
                (2) steps that can be taken by State legislatures, State
            insurance regulators, State attorneys general, and other State
            officials as appropriate, consistent with current legal
            authorities regarding consumer protection; and
                (3) legislative options for Congress to prevent balance
            billing.
        (e) Report.--Not later than 180 days after the date of the first
    meeting of the advisory committee, the advisory committee shall submit
    to the Secretaries, and the Committees on Education and Labor, Energy
    and Commerce, and Ways and Means of the House of Representatives and
    the Committees on Finance and Health, Education, Labor, and Pensions a
    report containing the recommendations made under subsection (d).

    SEC. 118. IMPLEMENTATION FUNDING.

        (a) In General.--For the purposes described in subsection (b),
    there are appropriated, out of amounts in the Treasury not otherwise
    appropriated, to the Secretary of Health and Human Services, the
    Secretary of Labor, and the Secretary of the Treasury, $500,000,000 for
    fiscal year 2021, to remain available until expended through 2024.
        (b) Permitted Purposes.--The purposes described in this subsection
    are limited to the following purposes, insofar as such purposes are to
    carry out the provisions of, including the amendments made by, this
    title and title II:
                (1) Preparing, drafting, and issuing proposed and final
            regulations or interim regulations.
                (2) Preparing, drafting, and issuing guidance and public
            information.
                (3) Preparing and holding public meetings.
                (4) Preparing, drafting, and publishing reports.
                (5) Enforcement of such provisions.
                (6) Reporting, collection, and analysis of data.
                (7) Establishment and initial implementation of the
            processes for independent dispute resolution and implementation
            of patient-provider dispute resolution under such provisions.
                (8) Conducting audits.
                (9) Other administrative duties necessary for
            implementation of such provisions.
        (c) Transparency of Implementation Funds.--Each Secretary described
    in subsection (a) shall annually submit to the Committees on Energy and
    Commerce, on Ways and Means, on Education and Labor, and on
    Appropriations of the House of Representatives and on the Committees on
    Health, Education, Labor, and Pensions and on Appropriations of the
    Senate a report on funds expended pursuant to funds appropriated under
    this section.

                             TITLE II--TRANSPARENCY

    SEC. 201. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON PRICE AND
                  QUALITY INFORMATION.

        (a) PHSA.--Part D of title XXVII of the Public Health Service Act
    (42 U.S.C. 300gg et seq.), as added and amended by title I, is further
    amended by adding at the end the following:

    ``SEC. 2799A-9. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON
                  PRICE AND QUALITY INFORMATION.

        ``(a) Increasing Price and Quality Transparency for Plan Sponsors
    and Group and Individual Market Consumers.--
                ``(1) Group health plans.--A group health plan or health
            insurance issuer offering group health insurance coverage may
            not enter into an agreement with a health care provider,
            network or association of providers, third-party administrator,
            or other service provider offering access to a network of
            providers that would directly or indirectly restrict a group
            health plan or health insurance issuer offering such coverage
            from--
                        ``(A) providing provider-specific cost or quality
                    of care information or data, through a consumer
                    engagement tool or any other means, to referring
                    providers, the plan sponsor, enrollees, or individuals
                    eligible to become enrollees of the plan or coverage;
                        ``(B) electronically accessing de-identified claims
                    and encounter information or data for each enrollee in
                    the plan or coverage, upon request and consistent with
                    the privacy regulations promulgated pursuant to section
                    264(c) of the Health Insurance Portability and
                    Accountability Act of 1996, the amendments made by the
                    Genetic Information Nondiscrimination Act of 2008, and
                    the Americans with Disabilities Act of 1990, including,
                    on a per claim basis--
                                ``(i) financial information, such as the
                            allowed amount, or any other claim-related
                            financial obligations included in the provider
                            contract;
                                ``(ii) provider information, including name
                            and clinical designation;
                                ``(iii) service codes; or
                                ``(iv) any other data element included in
                            claim or encounter transactions; or
                        ``(C) sharing information or data described in
                    subparagraph (A) or (B), or directing that such data be
                    shared, with a business associate as defined in section
                    160.103 of title 45, Code of Federal Regulations (or
                    successor regulations), consistent with the privacy
                    regulations promulgated pursuant to section 264(c) of
                    the Health Insurance Portability and Accountability Act
                    of 1996, the amendments made by the Genetic Information
                    Nondiscrimination Act of 2008, and the Americans with
                    Disabilities Act of 1990.
                ``(2) Individual health insurance coverage.--A health
            insurance issuer offering individual health insurance coverage
            may not enter into an agreement with a health care provider,
            network or association of providers, or other service provider
            offering access to a network of providers that would directly
            or indirectly restrict the health insurance issuer from--
                        ``(A) providing provider-specific price or quality
                    of care information, through a consumer engagement tool
                    or any other means, to referring providers, enrollees,
                    or individuals eligible to become enrollees of the plan
                    or coverage; or
                        ``(B) sharing, for plan design, plan
                    administration, and plan, financial, legal, and quality
                    improvement activities, data described in subparagraph
                    (A) with a business associate as defined in section
                    160.103 of title 45, Code of Federal Regulations (or
                    successor regulations), consistent with the privacy
                    regulations promulgated pursuant to section 264(c) of
                    the Health Insurance Portability and Accountability Act
                    of 1996, the amendments made by the Genetic Information
                    Nondiscrimination Act of 2008, and the Americans with
                    Disabilities Act of 1990.
                ``(3) Clarification regarding public disclosure of
            information.--Nothing in paragraph (1)(A) or (2)(A) prevents a
            health care provider, network or association of providers, or
            other service provider from placing reasonable restrictions on
            the public disclosure of the information described in such
            paragraphs (1) and (2).
                ``(4) Attestation.--A group health plan or a health
            insurance issuer offering group or individual health insurance
            coverage shall annually submit to the Secretary an attestation
            that such plan or issuer of such coverage is in compliance with
            the requirements of this subsection.
                ``(5) Rules of construction.--Nothing in this section shall
            be construed to modify or eliminate existing privacy
            protections and standards under State and Federal law. Nothing
            in this subsection shall be construed to otherwise limit access
            by a group health plan, plan sponsor, or health insurance
            issuer to data as permitted under the privacy regulations
            promulgated pursuant to section 264(c) of the Health Insurance
            Portability and Accountability Act of 1996, the amendments made
            by the Genetic Information Nondiscrimination Act of 2008, and
            the Americans with Disabilities Act of 1990.''.
        (b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
    seq.), as amended by title I, is further amended by adding at the end
    the following:

    ``SEC. 724. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON PRICE
                  AND QUALITY INFORMATION.

        ``(a) Increasing Price and Quality Transparency for Plan Sponsors
    and Consumers.--
                ``(1) In general.--A group health plan (or an issuer of
            health insurance coverage offered in connection with such a
            plan) may not enter into an agreement with a health care
            provider, network or association of providers, third-party
            administrator, or other service provider offering access to a
            network of providers that would directly or indirectly restrict
            a group health plan or health insurance issuer offering such
            coverage from--
                        ``(A) providing provider-specific cost or quality
                    of care information or data, through a consumer
                    engagement tool or any other means, to referring
                    providers, the plan sponsor, participants or
                    beneficiaries, or individuals eligible to become
                    participants or beneficiaries of the plan or coverage;
                        ``(B) electronically accessing de-identified claims
                    and encounter information or data for each participant
                    or beneficiary in the plan or coverage, upon request
                    and consistent with the privacy regulations promulgated
                    pursuant to section 264(c) of the Health Insurance
                    Portability and Accountability Act of 1996, the
                    amendments made by the Genetic Information
                    Nondiscrimination Act of 2008, and the Americans with
                    Disabilities Act of 1990, including, on a per claim
                    basis--
                                ``(i) financial information, such as the
                            allowed amount, or any other claim-related
                            financial obligations included in the provider
                            contract;
                                ``(ii) provider information, including name
                            and clinical designation;
                                ``(iii) service codes; or
                                ``(iv) any other data element included in
                            claim or encounter transactions; or
                        ``(C) sharing information or data described in
                    subparagraph (A) or (B), or directing that such data be
                    shared, with a business associate as defined in section
                    160.103 of title 45, Code of Federal Regulations (or
                    successor regulations), consistent with the privacy
                    regulations promulgated pursuant to section 264(c) of
                    the Health Insurance Portability and Accountability Act
                    of 1996, the amendments made by the Genetic Information
                    Nondiscrimination Act of 2008, and the Americans with
                    Disabilities Act of 1990.
                ``(2) Clarification regarding public disclosure of
            information.--Nothing in paragraph (1)(A) prevents a health
            care provider, network or association of providers, or other
            service provider from placing reasonable restrictions on the
            public disclosure of the information described in such
            paragraph (1).
                ``(3) Attestation.--A group health plan (or health
            insurance coverage offered in connection with such a plan)
            shall annually submit to the Secretary an attestation that such
            plan or issuer of such coverage is in compliance with the
            requirements of this subsection.
                ``(4) Rules of construction.--Nothing in this section shall
            be construed to modify or eliminate existing privacy
            protections and standards under State and Federal law. Nothing
            in this subsection shall be construed to otherwise limit access
            by a group health plan, plan sponsor, or health insurance
            issuer to data as permitted under the privacy regulations
            promulgated pursuant to section 264(c) of the Health Insurance
            Portability and Accountability Act of 1996, the amendments made
            by the Genetic Information Nondiscrimination Act of 2008, and
            the Americans with Disabilities Act of 1990.''.
        (c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
    of 1986, as amended by title I, is further amended by adding at the end
    the following:

    ``SEC. 9824. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON PRICE
                  AND QUALITY INFORMATION.

        ``(a) Increasing Price and Quality Transparency for Plan Sponsors
    and Consumers.--
                ``(1) In general.--A group health plan may not enter into
            an agreement with a health care provider, network or
            association of providers, third-party administrator, or other
            service provider offering access to a network of providers that
            would directly or indirectly restrict a group health plan
            from--
                        ``(A) providing provider-specific cost or quality
                    of care information or data, through a consumer
                    engagement tool or any other means, to referring
                    providers, the plan sponsor, participants or
                    beneficiaries, or individuals eligible to become
                    participants or beneficiaries of the plan;
                        ``(B) electronically accessing de-identified claims
                    and encounter information or data for each participant
                    or beneficiary in the plan, upon request and consistent
                    with the privacy regulations promulgated pursuant to
                    section 264(c) of the Health Insurance Portability and
                    Accountability Act of 1996, the amendments made by the
                    Genetic Information Nondiscrimination Act of 2008, and
                    the Americans with Disabilities Act of 1990, including,
                    on a per claim basis--
                                ``(i) financial information, such as the
                            allowed amount, or any other claim-related
                            financial obligations included in the provider
                            contract;
                                ``(ii) provider information, including name
                            and clinical designation;
                                ``(iii) service codes; or
                                ``(iv) any other data element included in
                            claim or encounter transactions; or
                        ``(C) sharing information or data described in
                    subparagraph (A) or (B), or directing that such data be
                    shared, with a business associate as defined in section
                    160.103 of title 45, Code of Federal Regulations (or
                    successor regulations), consistent with the privacy
                    regulations promulgated pursuant to section 264(c) of
                    the Health Insurance Portability and Accountability Act
                    of 1996, the amendments made by the Genetic Information
                    Nondiscrimination Act of 2008, and the Americans with
                    Disabilities Act of 1990.
                ``(2) Clarification regarding public disclosure of
            information.--Nothing in paragraph (1)(A) prevents a health
            care provider, network or association of providers, or other
            service provider from placing reasonable restrictions on the
            public disclosure of the information described in such
            paragraph (1).
                ``(3) Attestation.--A group health plan shall annually
            submit to the Secretary an attestation that such plan is in
            compliance with the requirements of this subsection.
                ``(4) Rules of construction.--Nothing in this section shall
            be construed to modify or eliminate existing privacy
            protections and standards under State and Federal law. Nothing
            in this subsection shall be construed to otherwise limit access
            by a group health plan or plan sponsor to data as permitted
            under the privacy regulations promulgated pursuant to section
            264(c) of the Health Insurance Portability and Accountability
            Act of 1996, the amendments made by the Genetic Information
            Nondiscrimination Act of 2008, and the Americans with
            Disabilities Act of 1990.''.
        (d) Clerical Amendments.--
                (1) ERISA.--The table of contents in section 1 of the
            Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
            et seq.), as amended by title I, is further amended by
            inserting after the item relating to section 723 the following
            new item:

    ``Sec. 724. Increasing transparency by removing gag clauses on price
                                and quality information.''.
                (2) IRC.--The table of sections for subchapter B of chapter
            100 of the Internal Revenue Code of 1986, as amended by title
            I, is further amended by adding at the end the following new
            item:

    ``Sec. 9824. Increasing transparency by removing gag clauses on price
                                and quality information.''.

    SEC. 202. DISCLOSURE OF DIRECT AND INDIRECT COMPENSATION FOR BROKERS
                  AND CONSULTANTS TO EMPLOYER-SPONSORED HEALTH PLANS AND
                  ENROLLEES IN PLANS ON THE INDIVIDUAL MARKET.

        (a) Group Health Plans.--Section 408(b)(2) of the Employee
    Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)) is
    amended--
                (1) by striking ``(2) Contracting or making'' and inserting
            ``(2)(A) Contracting or making''; and
                (2) by adding at the end the following:
                ``(B)(i) No contract or arrangement for services between a
            covered plan and a covered service provider, and no extension
            or renewal of such a contract or arrangement, is reasonable
            within the meaning of this paragraph unless the requirements of
            this clause are met.
                ``(ii)(I) For purposes of this subparagraph:
                        ``(aa) The term `covered plan' means a group health
                    plan as defined section 733(a).
                        ``(bb) The term `covered service provider' means a
                    service provider that enters into a contract or
                    arrangement with the covered plan and reasonably
                    expects $1,000 (or such amount as the Secretary may
                    establish in regulations to account for inflation since
                    the date of enactment of the Consolidated
                    Appropriations Act, 2021, as appropriate) or more in
                    compensation, direct or indirect, to be received in
                    connection with providing one or more of the following
                    services, pursuant to the contract or arrangement,
                    regardless of whether such services will be performed,
                    or such compensation received, by the covered service
                    provider, an affiliate, or a subcontractor:
                                ``(AA) Brokerage services, for which the
                            covered service provider, an affiliate, or a
                            subcontractor reasonably expects to receive
                            indirect compensation or direct compensation
                            described in item (dd), provided to a covered
                            plan with respect to selection of insurance
                            products (including vision and dental),
                            recordkeeping services, medical management
                            vendor, benefits administration (including
                            vision and dental), stop-loss insurance,
                            pharmacy benefit management services, wellness
                            services, transparency tools and vendors, group
                            purchasing organization preferred vendor
                            panels, disease management vendors and
                            products, compliance services, employee
                            assistance programs, or third party
                            administration services.
                                ``(BB) Consulting, for which the covered
                            service provider, an affiliate, or a
                            subcontractor reasonably expects to receive
                            indirect compensation or direct compensation
                            described in item (dd), related to the
                            development or implementation of plan design,
                            insurance or insurance product selection
                            (including vision and dental), recordkeeping,
                            medical management, benefits administration
                            selection (including vision and dental), stop-
                            loss insurance, pharmacy benefit management
                            services, wellness design and management
                            services, transparency tools, group purchasing
                            organization agreements and services,
                            participation in and services from preferred
                            vendor panels, disease management, compliance
                            services, employee assistance programs, or
                            third party administration services.
                        ``(cc) The term `affiliate', with respect to a
                    covered service provider, means an entity that directly
                    or indirectly (through one or more intermediaries)
                    controls, is controlled by, or is under common control
                    with, such provider, or is an officer, director, or
                    employee of, or partner in, such provider.
                        ``(dd)(AA) The term `compensation' means anything
                    of monetary value, but does not include non-monetary
                    compensation valued at $250 (or such amount as the
                    Secretary may establish in regulations to account for
                    inflation since the date of enactment of the
                    Consolidated Appropriations Act, 2021, as appropriate)
                    or less, in the aggregate, during the term of the
                    contract or arrangement.
                        ``(BB) The term `direct compensation' means
                    compensation received directly from a covered plan.
                        ``(CC) The term `indirect compensation' means
                    compensation received from any source other than the
                    covered plan, the plan sponsor, the covered service
                    provider, or an affiliate. Compensation received from a
                    subcontractor is indirect compensation, unless it is
                    received in connection with services performed under a
                    contract or arrangement with a subcontractor.
                        ``(ee) The term `responsible plan fiduciary' means
                    a fiduciary with authority to cause the covered plan to
                    enter into, or extend or renew, the contract or
                    arrangement.
                        ``(ff) The term `subcontractor' means any person or
                    entity (or an affiliate of such person or entity) that
                    is not an affiliate of the covered service provider and
                    that, pursuant to a contract or arrangement with the
                    covered service provider or an affiliate, reasonably
                    expects to receive $1,000 (or such amount as the
                    Secretary may establish in regulations to account for
                    inflation since the date of enactment of the
                    Consolidated Appropriations Act, 2021, as appropriate)
                    or more in compensation for performing one or more
                    services described in item (bb) under a contract or
                    arrangement with the covered plan.
                ``(II) For purposes of this subparagraph, a description of
            compensation or cost may be expressed as a monetary amount,
            formula, or a per capita charge for each enrollee or, if the
            compensation or cost cannot reasonably be expressed in such
            terms, by any other reasonable method, including a disclosure
            that additional compensation may be earned but may not be
            calculated at the time of contract if such a disclosure
            includes a description of the circumstances under which the
            additional compensation may be earned and a reasonable and good
            faith estimate if the covered service provider cannot otherwise
            readily describe compensation or cost and explains the
            methodology and assumptions used to prepare such estimate. Any
            such description shall contain sufficient information to permit
            evaluation of the reasonableness of the compensation or cost.
                ``(III) No person or entity is a `covered service provider'
            within the meaning of subclause (I)(bb) solely on the basis of
            providing services as an affiliate or a subcontractor that is
            performing one or more of the services described in subitem
            (AA) or (BB) of such subclause under the contract or
            arrangement with the covered plan.
                ``(iii) A covered service provider shall disclose to a
            responsible plan fiduciary, in writing, the following:
                        ``(I) A description of the services to be provided
                    to the covered plan pursuant to the contract or
                    arrangement.
                        ``(II) If applicable, a statement that the covered
                    service provider, an affiliate, or a subcontractor will
                    provide, or reasonably expects to provide, services
                    pursuant to the contract or arrangement directly to the
                    covered plan as a fiduciary (within the meaning of
                    section 3(21)).
                        ``(III) A description of all direct compensation,
                    either in the aggregate or by service, that the covered
                    service provider, an affiliate, or a subcontractor
                    reasonably expects to receive in connection with the
                    services described in subclause (I).
                        ``(IV)(aa) A description of all indirect
                    compensation that the covered service provider, an
                    affiliate, or a subcontractor reasonably expects to
                    receive in connection with the services described in
                    subclause (I)--
                                ``(AA) including compensation from a vendor
                            to a brokerage firm based on a structure of
                            incentives not solely related to the contract
                            with the covered plan; and
                                ``(BB) not including compensation received
                            by an employee from an employer on account of
                            work performed by the employee.
                        ``(bb) A description of the arrangement between the
                    payer and the covered service provider, an affiliate,
                    or a subcontractor, as applicable, pursuant to which
                    such indirect compensation is paid.
                        ``(cc) Identification of the services for which the
                    indirect compensation will be received, if applicable.
                        ``(dd) Identification of the payer of the indirect
                    compensation.
                        ``(V) A description of any compensation that will
                    be paid among the covered service provider, an
                    affiliate, or a subcontractor, in connection with the
                    services described in subclause (I) if such
                    compensation is set on a transaction basis (such as
                    commissions, finder's fees, or other similar incentive
                    compensation based on business placed or retained),
                    including identification of the services for which such
                    compensation will be paid and identification of the
                    payers and recipients of such compensation (including
                    the status of a payer or recipient as an affiliate or a
                    subcontractor), regardless of whether such compensation
                    also is disclosed pursuant to subclause (III) or (IV).
                        ``(VI) A description of any compensation that the
                    covered service provider, an affiliate, or a
                    subcontractor reasonably expects to receive in
                    connection with termination of the contract or
                    arrangement, and how any prepaid amounts will be
                    calculated and refunded upon such termination.
                ``(iv) A covered service provider shall disclose to a
            responsible plan fiduciary, in writing a description of the
            manner in which the compensation described in clause (iii), as
            applicable, will be received.
                ``(v)(I) A covered service provider shall disclose the
            information required under clauses (iii) and (iv) to the
            responsible plan fiduciary not later than the date that is
            reasonably in advance of the date on which the contract or
            arrangement is entered into, and extended or renewed.
                ``(II) A covered service provider shall disclose any change
            to the information required under clause (iii) and (iv) as soon
            as practicable, but not later than 60 days from the date on
            which the covered service provider is informed of such change,
            unless such disclosure is precluded due to extraordinary
            circumstances beyond the covered service provider's control, in
            which case the information shall be disclosed as soon as
            practicable.
                ``(vi)(I) Upon the written request of the responsible plan
            fiduciary or covered plan administrator, a covered service
            provider shall furnish any other information relating to the
            compensation received in connection with the contract or
            arrangement that is required for the covered plan to comply
            with the reporting and disclosure requirements under this Act.
                ``(II) The covered service provider shall disclose the
            information required under clause (iii)(I) reasonably in
            advance of the date upon which such responsible plan fiduciary
            or covered plan administrator states that it is required to
            comply with the applicable reporting or disclosure requirement,
            unless such disclosure is precluded due to extraordinary
            circumstances beyond the covered service provider's control, in
            which case the information shall be disclosed as soon as
            practicable.
                ``(vii) No contract or arrangement will fail to be
            reasonable under this subparagraph solely because the covered
            service provider, acting in good faith and with reasonable
            diligence, makes an error or omission in disclosing the
            information required pursuant to clause (iii) (or a change to
            such information disclosed pursuant to clause (v)(II)) or
            clause (vi), provided that the covered service provider
            discloses the correct information to the responsible plan
            fiduciary as soon as practicable, but not later than 30 days
            from the date on which the covered service provider knows of
            such error or omission.
                ``(viii)(I) Pursuant to subsection (a), subparagraphs (C)
            and (D) of section 406(a)(1) shall not apply to a responsible
            plan fiduciary, notwithstanding any failure by a covered
            service provider to disclose information required under clause
            (iii), if the following conditions are met:
                        ``(aa) The responsible plan fiduciary did not know
                    that the covered service provider failed or would fail
                    to make required disclosures and reasonably believed
                    that the covered service provider disclosed the
                    information required to be disclosed.
                        ``(bb) The responsible plan fiduciary, upon
                    discovering that the covered service provider failed to
                    disclose the required information, requests in writing
                    that the covered service provider furnish such
                    information.
                        ``(cc) If the covered service provider fails to
                    comply with a written request described in subclause
                    (II) within 90 days of the request, the responsible
                    plan fiduciary notifies the Secretary of the covered
                    service provider's failure, in accordance with
                    subclauses (II) and (III).
                ``(II) A notice described in subclause (I)(cc) shall
            contain--
                        ``(aa) the name of the covered plan;
                        ``(bb) the plan number used for the annual report
                    on the covered plan;
                        ``(cc) the plan sponsor's name, address, and
                    employer identification number;
                        ``(dd) the name, address, and telephone number of
                    the responsible plan fiduciary;
                        ``(ee) the name, address, phone number, and, if
                    known, employer identification number of the covered
                    service provider;
                        ``(ff) a description of the services provided to
                    the covered plan;
                        ``(gg) a description of the information that the
                    covered service provider failed to disclose;
                        ``(hh) the date on which such information was
                    requested in writing from the covered service provider;
                    and
                        ``(ii) a statement as to whether the covered
                    service provider continues to provide services to the
                    plan.
                ``(III) A notice described in subclause (I)(cc) shall be
            filed with the Department not later than 30 days following the
            earlier of--
                        ``(aa) The covered service provider's refusal to
                    furnish the information requested by the written
                    request described in subclause (I)(bb); or
                        ``(bb) 90 days after the written request referred
                    to in subclause (I)(cc) is made.
                ``(IV) If the covered service provider fails to comply with
            the written request under subclause (I)(bb) within 90 days of
            such request, the responsible plan fiduciary shall determine
            whether to terminate or continue the contract or arrangement
            under section 404. If the requested information relates to
            future services and is not disclosed promptly after the end of
            the 90-day period, the responsible plan fiduciary shall
            terminate the contract or arrangement as expeditiously as
            possible, consistent with such duty of prudence.
                ``(ix) Nothing in this subparagraph shall be construed to
            supersede any provision of State law that governs disclosures
            by parties that provide the services described in this section,
            except to the extent that such law prevents the application of
            a requirement of this section.''.
        (b) Applicability of Existing Regulations.--Nothing in the
    amendments made by subsection (a) shall be construed to affect the
    applicability of section 2550.408b-2 of title 29, Code of Federal
    Regulations (or any successor regulations), with respect to any
    applicable entity other than a covered plan or a covered service
    provider (as defined in section 408(b)(2)(B)(ii) of the Employee
    Retirement Income Security Act of 1974, as amended by subsection (a)).
        (c) Individual Market Coverage.--Subpart 1 of part B of title XXVII
    of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is
    amended by adding at the end the following:

    ``SEC. 2746. DISCLOSURE TO ENROLLEES OF INDIVIDUAL MARKET COVERAGE.

        ``(a) In General.--A health insurance issuer offering individual
    health insurance coverage or a health insurance issuer offering short-
    term limited duration insurance coverage shall make disclosures to
    enrollees in such coverage, as described in subsection (b), and reports
    to the Secretary, as described in subsection (c), regarding direct or
    indirect compensation provided by the issuer to an agent or broker
    associated with enrolling individuals in such coverage.
        ``(b) Disclosure.--A health insurance issuer described in
    subsection (a) shall disclose to an enrollee the amount of direct or
    indirect compensation provided to an agent or broker for services
    provided by such agent or broker associated with plan selection and
    enrollment. Such disclosure shall be--
                ``(1) made prior to the individual finalizing plan
            selection; and
                ``(2) included on any documentation confirming the
            individual's enrollment.
        ``(c) Reporting.--A health insurance issuer described in subsection
    (a) shall annually report to the Secretary, prior to the beginning of
    open enrollment, any direct or indirect compensation provided to an
    agent or broker associated with enrolling individuals in such coverage.
        ``(d) Rulemaking.--Not later than 1 year after the date of
    enactment of the Consolidated Appropriations Act, 2021, the Secretary
    shall finalize, through notice-and-comment rulemaking, the timing,
    form, and manner in which issuers described in subsection (a) are
    required to make the disclosures described in subsection (b) and the
    reports described in subsection (c). Such rulemaking may also include
    adjustments to notice requirements to reflect the different processes
    for plan renewals, in order to provide enrollees with full, timely
    information.''.
        (d) Transition Rule.--No contract executed prior to the effective
    date described in subsection (e) by a group health plan subject to the
    requirements of section 408(b)(2)(B) of the Employee Retirement Income
    Security Act of 1974 (as amended by subsection (a)) or by a health
    insurance issuer subject to the requirements of section 2746 of the
    Public Health Service Act (as added by subsection (c)) shall be subject
    to the requirements of such section 408(b)(2)(B) or such section 2746,
    as applicable.
        (e) Application.--The amendments made by subsections (a) and (c)
    shall apply beginning 1 year after the date of enactment of this Act.

    SEC. 203. STRENGTHENING PARITY IN MENTAL HEALTH AND SUBSTANCE USE
                  DISORDER BENEFITS.

        (a) In General.--
                (1) PHSA.--Section 2726(a) of the Public Health Service Act
            (42 U.S.C. 300gg-26(a)) is amended by adding at the end the
            following:
                ``(8) Compliance requirements.--
                        ``(A) Nonquantitative treatment limitation (nqtl)
                    requirements.--In the case of a group health plan or a
                    health insurance issuer offering group or individual
                    health insurance coverage that provides both medical
                    and surgical benefits and mental health or substance
                    use disorder benefits and that imposes nonquantitative
                    treatment limitations (referred to in this section as
                    `NQTLs') on mental health or substance use disorder
                    benefits, such plan or issuer shall perform and
                    document comparative analyses of the design and
                    application of NQTLs and, beginning 45 days after the
                    date of enactment of the Consolidated Appropriations
                    Act, 2021, make available to the applicable State
                    authority (or, as applicable, to the Secretary of Labor
                    or the Secretary of Health and Human Services), upon
                    request, the comparative analyses and the following
                    information:
                                ``(i) The specific plan or coverage terms
                            or other relevant terms regarding the NQTLs and
                            a description of all mental health or substance
                            use disorder and medical or surgical benefits
                            to which each such term applies in each
                            respective benefits classification.
                                ``(ii) The factors used to determine that
                            the NQTLs will apply to mental health or
                            substance use disorder benefits and medical or
                            surgical benefits.
                                ``(iii) The evidentiary standards used for
                            the factors identified in clause (ii), when
                            applicable, provided that every factor shall be
                            defined, and any other source or evidence
                            relied upon to design and apply the NQTLs to
                            mental health or substance use disorder
                            benefits and medical or surgical benefits.
                                ``(iv) The comparative analyses
                            demonstrating that the processes, strategies,
                            evidentiary standards, and other factors used
                            to apply the NQTLs to mental health or
                            substance use disorder benefits, as written and
                            in operation, are comparable to, and are
                            applied no more stringently than, the
                            processes, strategies, evidentiary standards,
                            and other factors used to apply the NQTLs to
                            medical or surgical benefits in the benefits
                            classification.
                                ``(v) The specific findings and conclusions
                            reached by the group health plan or health
                            insurance issuer with respect to the health
                            insurance coverage, including any results of
                            the analyses described in this subparagraph
                            that indicate that the plan or coverage is or
                            is not in compliance with this section.
                        ``(B) Secretary request process.--
                                ``(i) Submission upon request.--The
                            Secretary shall request that a group health
                            plan or a health insurance issuer offering
                            group or individual health insurance coverage
                            submit the comparative analyses described in
                            subparagraph (A) for plans that involve
                            potential violations of this section or
                            complaints regarding noncompliance with this
                            section that concern NQTLs and any other
                            instances in which the Secretary determines
                            appropriate. The Secretary shall request not
                            fewer than 20 such analyses per year.
                                ``(ii) Additional information.--In
                            instances in which the Secretary has concluded
                            that the group health plan or health insurance
                            issuer with respect to health insurance
                            coverage has not submitted sufficient
                            information for the Secretary to review the
                            comparative analyses described in subparagraph
                            (A), as requested under clause (i), the
                            Secretary shall specify to the plan or issuer
                            the information the plan or issuer must submit
                            to be responsive to the request under clause
                            (i) for the Secretary to review the comparative
                            analyses described in subparagraph (A) for
                            compliance with this section. Nothing in this
                            paragraph shall require the Secretary to
                            conclude that a group health plan or health
                            insurance issuer is in compliance with this
                            section solely based upon the inspection of the
                            comparative analyses described in subparagraph
                            (A), as requested under clause (i).
                                ``(iii) Required action.--
                                        ``(I) In general.--In instances in
                                    which the Secretary has reviewed the
                                    comparative analyses described in
                                    subparagraph (A), as requested under
                                    clause (i), and determined that the
                                    group health plan or health insurance
                                    issuer is not in compliance with this
                                    section, the plan or issuer--
                                                ``(aa) shall specify to the
                                            Secretary the actions the plan
                                            or issuer will take to be in
                                            compliance with this section
                                            and provide to the Secretary
                                            additional comparative analyses
                                            described in subparagraph (A)
                                            that demonstrate compliance
                                            with this section not later
                                            than 45 days after the initial
                                            determination by the Secretary
                                            that the plan or issuer is not
                                            in compliance; and
                                                ``(bb) following the 45-day
                                            corrective action period under
                                            item (aa), if the Secretary
                                            makes a final determination
                                            that the plan or issuer still
                                            is not in compliance with this
                                            section, not later than 7 days
                                            after such determination, shall
                                            notify all individuals enrolled
                                            in the plan or applicable
                                            health insurance coverage
                                            offered by the issuer that the
                                            plan or issuer, with respect to
                                            such coverage, has been
                                            determined to be not in
                                            compliance with this section.
                                        ``(II) Exemption from disclosure.--
                                    Documents or communications produced in
                                    connection with the Secretary's
                                    recommendations to a group health plan
                                    or health insurance issuer shall not be
                                    subject to disclosure pursuant to
                                    section 552 of title 5, United States
                                    Code.
                                ``(iv) Report.--Not later than 1 year after
                            the date of enactment of this paragraph, and
                            not later than October 1 of each year
                            thereafter, the Secretary shall submit to
                            Congress, and make publicly available, a report
                            that contains--
                                        ``(I) a summary of the comparative
                                    analyses requested under clause (i),
                                    including the identity of each group
                                    health plan or health insurance issuer,
                                    with respect to particular health
                                    insurance coverage that is determined
                                    to be not in compliance after the final
                                    determination by the Secretary
                                    described in clause (iii)(I)(bb);
                                        ``(II) the Secretary's conclusions
                                    as to whether each group health plan or
                                    health insurance issuer submitted
                                    sufficient information for the
                                    Secretary to review the comparative
                                    analyses requested under clause (i) for
                                    compliance with this section;
                                        ``(III) for each group health plan
                                    or health insurance issuer that did
                                    submit sufficient information for the
                                    Secretary to review the comparative
                                    analyses requested under clause (i),
                                    the Secretary's conclusions as to
                                    whether and why the plan or issuer is
                                    in compliance with the requirements
                                    under this section;
                                        ``(IV) the Secretary's
                                    specifications described in clause (ii)
                                    for each group health plan or health
                                    insurance issuer that the Secretary
                                    determined did not submit sufficient
                                    information for the Secretary to review
                                    the comparative analyses requested
                                    under clause (i) for compliance with
                                    this section; and
                                        ``(V) the Secretary's
                                    specifications described in clause
                                    (iii) of the actions each group health
                                    plan or health insurance issuer that
                                    the Secretary determined is not in
                                    compliance with this section must take
                                    to be in compliance with this section,
                                    including the reason why the Secretary
                                    determined the plan or issuer is not in
                                    compliance.
                        ``(C) Compliance program guidance document update
                    process.--
                                ``(i) In general.--The Secretary shall
                            include instances of noncompliance that the
                            Secretary discovers upon reviewing the
                            comparative analyses requested under
                            subparagraph (B)(i) in the compliance program
                            guidance document described in paragraph (6),
                            as it is updated every 2 years, except that
                            such instances shall not disclose any protected
                            health information or individually identifiable
                            information.
                                ``(ii) Guidance and regulations.--Not later
                            than 18 months after the date of enactment of
                            this paragraph, the Secretary shall finalize
                            any draft or interim guidance and regulations
                            relating to mental health parity under this
                            section. Such draft guidance shall include
                            guidance to clarify the process and timeline
                            for current and potential participants and
                            beneficiaries (and authorized representatives
                            and health care providers of such participants
                            and beneficiaries) with respect to plans to
                            file complaints of such plans or issuers being
                            in violation of this section, including
                            guidance, by plan type, on the relevant State,
                            regional, or national office with which such
                            complaints should be filed.
                                ``(iii) State.--The Secretary shall share
                            information on findings of compliance and
                            noncompliance discovered upon reviewing the
                            comparative analyses requested under
                            subparagraph (B)(i) shall be shared with the
                            State where the group health plan is located or
                            the State where the health insurance issuer is
                            licensed to do business for coverage offered by
                            a health insurance issuer in the group market,
                            in accordance with paragraph
                            (6)(B)(iii)(II).''.
                (2) ERISA.--Section 712(a) of the Employee Retirement
            Income Security Act of 1974 (29 U.S.C. 1185a(a)) is amended by
            adding at the end the following:
                ``(6) Compliance program guidance document.--
                        ``(A) In general.--The Secretary, the Secretary of
                    Health and Human Services, and the Secretary of the
                    Treasury, in consultation with the Inspector General of
                    the Department of Health and Human Services, the
                    Inspector General of the Department of Labor, and the
                    Inspector General of the Department of the Treasury,
                    shall issue a compliance program guidance document to
                    help improve compliance with this section, section 2726
                    of the Public Health Service Act, and section 9812 of
                    the Internal Revenue Code of 1986, as applicable. In
                    carrying out this paragraph, the Secretaries may take
                    into consideration the 2016 publication of the
                    Department of Health and Human Services and the
                    Department of Labor, entitled `Warning Signs - Plan or
                    Policy Non-Quantitative Treatment Limitations (NQTLs)
                    that Require Additional Analysis to Determine Mental
                    Health Parity Compliance'.
                        ``(B) Examples illustrating compliance and
                    noncompliance.--
                                ``(i) In general.--The compliance program
                            guidance document required under this paragraph
                            shall provide illustrative, de-identified
                            examples (that do not disclose any protected
                            health information or individually identifiable
                            information) of previous findings of compliance
                            and noncompliance with this section, section
                            2726 of the Public Health Service Act, or
                            section 9812 of the Internal Revenue Code of
                            1986, as applicable, based on investigations of
                            violations of such sections, including--
                                        ``(I) examples illustrating
                                    requirements for information
                                    disclosures and nonquantitative
                                    treatment limitations; and
                                        ``(II) descriptions of the
                                    violations uncovered during the course
                                    of such investigations.
                                ``(ii) Nonquantitative treatment
                            limitations.--To the extent that any example
                            described in clause (i) involves a finding of
                            compliance or noncompliance with regard to any
                            requirement for nonquantitative treatment
                            limitations, the example shall provide
                            sufficient detail to fully explain such
                            finding, including a full description of the
                            criteria involved for approving medical and
                            surgical benefits and the criteria involved for
                            approving mental health and substance use
                            disorder benefits.
                                ``(iii) Access to additional information
                            regarding compliance.--In developing and
                            issuing the compliance program guidance
                            document required under this paragraph, the
                            Secretaries specified in subparagraph (A)--
                                        ``(I) shall enter into interagency
                                    agreements with the Inspector General
                                    of the Department of Health and Human
                                    Services, the Inspector General of the
                                    Department of Labor, and the Inspector
                                    General of the Department of the
                                    Treasury to share findings of
                                    compliance and noncompliance with this
                                    section, section 2726 of the Public
                                    Health Service Act, or section 9812 of
                                    the Internal Revenue Code of 1986, as
                                    applicable; and
                                        ``(II) shall seek to enter into an
                                    agreement with a State to share
                                    information on findings of compliance
                                    and noncompliance with this section,
                                    section 2726 of the Public Health
                                    Service Act, or section 9812 of the
                                    Internal Revenue Code of 1986, as
                                    applicable.
                        ``(C) Recommendations.--The compliance program
                    guidance document shall include recommendations to
                    advance compliance with this section, section 2726 of
                    the Public Health Service Act, or section 9812 of the
                    Internal Revenue Code of 1986, as applicable, and
                    encourage the development and use of internal controls
                    to monitor adherence to applicable statutes,
                    regulations, and program requirements. Such internal
                    controls may include illustrative examples of
                    nonquantitative treatment limitations on mental health
                    and substance use disorder benefits, which may fail to
                    comply with this section, section 2726 of the Public
                    Health Service Act, or section 9812 of the Internal
                    Revenue Code of 1986, as applicable, in relation to
                    nonquantitative treatment limitations on medical and
                    surgical benefits.
                        ``(D) Updating the compliance program guidance
                    document.--The Secretary, the Secretary of Health and
                    Human Services, and the Secretary of the Treasury, in
                    consultation with the Inspector General of the
                    Department of Health and Human Services, the Inspector
                    General of the Department of Labor, and the Inspector
                    General of the Department of the Treasury, shall update
                    the compliance program guidance document every 2 years
                    to include illustrative, de-identified examples (that
                    do not disclose any protected health information or
                    individually identifiable information) of previous
                    findings of compliance and noncompliance with this
                    section, section 2726 of the Public Health Service Act,
                    or section 9812 of the Internal Revenue Code of 1986,
                    as applicable.
                ``(7) Additional guidance.--
                        ``(A) In general.--The Secretary, the Secretary of
                    Health and Human Services, and the Secretary of the
                    Treasury shall issue guidance to group health plans and
                    health insurance issuers offering group health
                    insurance coverage to assist such plans and issuers in
                    satisfying the requirements of this section, section
                    2726 of the Public Health Service Act, or section 9812
                    of the Internal Revenue Code of 1986, as applicable.
                        ``(B) Disclosure.--
                                ``(i) Guidance for plans and issuers.--The
                            guidance issued under this paragraph shall
                            include clarifying information and illustrative
                            examples of methods that group health plans and
                            health insurance issuers offering group or
                            individual health insurance coverage may use
                            for disclosing information to ensure compliance
                            with the requirements under this section,
                            section 2726 of the Public Health Service Act,
                            or section 9812 of the Internal Revenue Code of
                            1986, as applicable, (and any regulations
                            promulgated pursuant to such sections, as
                            applicable).
                                ``(ii) Documents for participants,
                            beneficiaries, contracting providers, or
                            authorized representatives.--The guidance
                            issued under this paragraph shall include
                            clarifying information and illustrative
                            examples of methods that group health plans and
                            health insurance issuers offering group health
                            insurance coverage may use to provide any
                            participant, beneficiary, contracting provider,
                            or authorized representative, as applicable,
                            with documents containing information that the
                            health plans or issuers are required to
                            disclose to participants, beneficiaries,
                            contracting providers, or authorized
                            representatives to ensure compliance with this
                            section, section 2726 of the Public Health
                            Service Act, or section 9812 of the Internal
                            Revenue Code of 1986, as applicable, compliance
                            with any regulation issued pursuant to such
                            respective section, or compliance with any
                            other applicable law or regulation. Such
                            guidance shall include information that is
                            comparative in nature with respect to--
                                        ``(I) nonquantitative treatment
                                    limitations for both medical and
                                    surgical benefits and mental health and
                                    substance use disorder benefits;
                                        ``(II) the processes, strategies,
                                    evidentiary standards, and other
                                    factors used to apply the limitations
                                    described in subclause (I); and
                                        ``(III) the application of the
                                    limitations described in subclause (I)
                                    to ensure that such limitations are
                                    applied in parity with respect to both
                                    medical and surgical benefits and
                                    mental health and substance use
                                    disorder benefits.
                        ``(C) Nonquantitative treatment limitations.--The
                    guidance issued under this paragraph shall include
                    clarifying information and illustrative examples of
                    methods, processes, strategies, evidentiary standards,
                    and other factors that group health plans and health
                    insurance issuers offering group health insurance
                    coverage may use regarding the development and
                    application of nonquantitative treatment limitations to
                    ensure compliance with this section, section 2726 of
                    the Public Health Service Act, or section 9812 of the
                    Internal Revenue Code of 1986, as applicable, (and any
                    regulations promulgated pursuant to such respective
                    section), including--
                                ``(i) examples of methods of determining
                            appropriate types of nonquantitative treatment
                            limitations with respect to both medical and
                            surgical benefits and mental health and
                            substance use disorder benefits, including
                            nonquantitative treatment limitations
                            pertaining to--
                                        ``(I) medical management standards
                                    based on medical necessity or
                                    appropriateness, or whether a treatment
                                    is experimental or investigative;
                                        ``(II) limitations with respect to
                                    prescription drug formulary design; and
                                        ``(III) use of fail-first or step
                                    therapy protocols;
                                ``(ii) examples of methods of determining--
                                        ``(I) network admission standards
                                    (such as credentialing); and
                                        ``(II) factors used in provider
                                    reimbursement methodologies (such as
                                    service type, geographic market, demand
                                    for services, and provider supply,
                                    practice size, training, experience,
                                    and licensure) as such factors apply to
                                    network adequacy;
                                ``(iii) examples of sources of information
                            that may serve as evidentiary standards for the
                            purposes of making determinations regarding the
                            development and application of nonquantitative
                            treatment limitations;
                                ``(iv) examples of specific factors, and
                            the evidentiary standards used to evaluate such
                            factors, used by such plans or issuers in
                            performing a nonquantitative treatment
                            limitation analysis;
                                ``(v) examples of how specific evidentiary
                            standards may be used to determine whether
                            treatments are considered experimental or
                            investigative;
                                ``(vi) examples of how specific evidentiary
                            standards may be applied to each service
                            category or classification of benefits;
                                ``(vii) examples of methods of reaching
                            appropriate coverage determinations for new
                            mental health or substance use disorder
                            treatments, such as evidence-based early
                            intervention programs for individuals with a
                            serious mental illness and types of medical
                            management techniques;
                                ``(viii) examples of methods of reaching
                            appropriate coverage determinations for which
                            there is an indirect relationship between the
                            covered mental health or substance use disorder
                            benefit and a traditional covered medical and
                            surgical benefit, such as residential treatment
                            or hospitalizations involving voluntary or
                            involuntary commitment; and
                                ``(ix) additional illustrative examples of
                            methods, processes, strategies, evidentiary
                            standards, and other factors for which the
                            Secretary determines that additional guidance
                            is necessary to improve compliance with this
                            section, section 2726 of the Public Health
                            Service Act, or section 9812 of the Internal
                            Revenue Code of 1986, as applicable.
                        ``(D) Public comment.--Prior to issuing any final
                    guidance under this paragraph, the Secretary shall
                    provide a public comment period of not less than 60
                    days during which any member of the public may provide
                    comments on a draft of the guidance.
                ``(8) Compliance requirements.--
                        ``(A) Nonquantitative treatment limitation (nqtl)
                    requirements.--In the case of a group health plan or a
                    health insurance issuer offering group health insurance
                    coverage that provides both medical and surgical
                    benefits and mental health or substance use disorder
                    benefits and that imposes nonquantitative treatment
                    limitations (referred to in this section as `NQTLs') on
                    mental health or substance use disorder benefits, such
                    plan or issuer shall perform and document comparative
                    analyses of the design and application of NQTLs and,
                    beginning 45 days after the date of enactment of the
                    Consolidated Appropriations Act, 2021, make available
                    to the Secretary, upon request, the comparative
                    analyses and the following information:
                                ``(i) The specific plan or coverage terms
                            or other relevant terms regarding the NQTLs,
                            that applies to such plan or coverage, and a
                            description of all mental health or substance
                            use disorder and medical or surgical benefits
                            to which each such term applies in each
                            respective benefits classification.
                                ``(ii) The factors used to determine that
                            the NQTLs will apply to mental health or
                            substance use disorder benefits and medical or
                            surgical benefits.
                                ``(iii) The evidentiary standards used for
                            the factors identified in clause (ii), when
                            applicable, provided that every factor shall be
                            defined, and any other source or evidence
                            relied upon to design and apply the NQTLs to
                            mental health or substance use disorder
                            benefits and medical or surgical benefits.
                                ``(iv) The comparative analyses
                            demonstrating that the processes, strategies,
                            evidentiary standards, and other factors used
                            to apply the NQTLs to mental health or
                            substance use disorder benefits, as written and
                            in operation, are comparable to, and are
                            applied no more stringently than, the
                            processes, strategies, evidentiary standards,
                            and other factors used to apply the NQTLs to
                            medical or surgical benefits in the benefits
                            classification.
                                ``(v) The specific findings and conclusions
                            reached by the group health plan or health
                            insurance issuer with respect to the health
                            insurance coverage, including any results of
                            the analyses described in this subparagraph
                            that indicate that the plan or coverage is or
                            is not in compliance with this section.
                        ``(B) Secretary request process.--
                                ``(i) Submission upon request.--The
                            Secretary shall request that a group health
                            plan or a health insurance issuer offering
                            group health insurance coverage submit the
                            comparative analyses described in subparagraph
                            (A) for plans that involve potential violations
                            of this section or complaints regarding
                            noncompliance with this section that concern
                            NQTLs and any other instances in which the
                            Secretary determines appropriate. The Secretary
                            shall request not fewer than 20 such analyses
                            per year.
                                ``(ii) Additional information.--In
                            instances in which the Secretary has concluded
                            that the group health plan or health insurance
                            issuer with respect to group health insurance
                            coverage has not submitted sufficient
                            information for the Secretary to review the
                            comparative analyses described in subparagraph
                            (A), as requested under clause (i), the
                            Secretary shall specify to the plan or issuer
                            the information the plan or issuer must submit
                            to be responsive to the request under clause
                            (i) for the Secretary to review the comparative
                            analyses described in subparagraph (A) for
                            compliance with this section. Nothing in this
                            paragraph shall require the Secretary to
                            conclude that a group health plan or health
                            insurance issuer is in compliance with this
                            section solely based upon the inspection of the
                            comparative analyses described in subparagraph
                            (A), as requested under clause (i).
                                ``(iii) Required action.--
                                        ``(I) In general.--In instances in
                                    which the Secretary has reviewed the
                                    comparative analyses described in
                                    subparagraph (A), as requested under
                                    clause (i), and determined that the
                                    group health plan or health insurance
                                    issuer is not in compliance with this
                                    section, the plan or issuer--
                                                ``(aa) shall specify to the
                                            Secretary the actions the plan
                                            or issuer will take to be in
                                            compliance with this section
                                            and provide to the Secretary
                                            additional comparative analyses
                                            described in subparagraph (A)
                                            that demonstrate compliance
                                            with this section not later
                                            than 45 days after the initial
                                            determination by the Secretary
                                            that the plan or issuer is not
                                            in compliance; and
                                                ``(bb) following the 45-day
                                            corrective action period under
                                            item (aa), if the Secretary
                                            makes a final determination
                                            that the plan or issuer still
                                            is not in compliance with this
                                            section, not later than 7 days
                                            after such determination, shall
                                            notify all individuals enrolled
                                            in the plan or applicable
                                            health insurance coverage
                                            offered by the issuer that the
                                            plan or issuer, with respect to
                                            such coverage, has been
                                            determined to be not in
                                            compliance with this section.
                                        ``(II) Exemption from disclosure.--
                                    Documents or communications produced in
                                    connection with the Secretary's
                                    recommendations to a group health plan
                                    or health insurance issuer shall not be
                                    subject to disclosure pursuant to
                                    section 552 of title 5, United States
                                    Code.
                                ``(iv) Report.--Not later than 1 year after
                            the date of enactment of this paragraph, and
                            not later than October 1 of each year
                            thereafter, the Secretary shall submit to
                            Congress, and make publicly available, a report
                            that contains--
                                        ``(I) a summary of the comparative
                                    analyses requested under clause (i),
                                    including the identity of each group
                                    health plan or health insurance issuer,
                                    with respect to certain health
                                    insurance coverage that is determined
                                    to be not in compliance after the final
                                    determination by the Secretary
                                    described in clause (iii)(I)(bb);
                                        ``(II) the Secretary's conclusions
                                    as to whether each group health plan or
                                    health insurance issuer submitted
                                    sufficient information for the
                                    Secretary to review the comparative
                                    analyses requested under clause (i) for
                                    compliance with this section;
                                        ``(III) for each group health plan
                                    or health insurance issuer that did
                                    submit sufficient information for the
                                    Secretary to review the comparative
                                    analyses requested under clause (i),
                                    the Secretary's conclusions as to
                                    whether and why the plan or issuer is
                                    in compliance with the disclosure
                                    requirements under this section;
                                        ``(IV) the Secretary's
                                    specifications described in clause (ii)
                                    for each group health plan or health
                                    insurance issuer that the Secretary
                                    determined did not submit sufficient
                                    information for the Secretary to review
                                    the comparative analyses requested
                                    under clause (i) for compliance with
                                    this section; and
                                        ``(V) the Secretary's
                                    specifications described in clause
                                    (iii) of the actions each group health
                                    plan or health insurance issuer that
                                    the Secretary determined is not in
                                    compliance with this section must take
                                    to be in compliance with this section,
                                    including the reason why the Secretary
                                    determined the plan or issuer is not in
                                    compliance.
                        ``(C) Compliance program guidance document update
                    process.--
                                ``(i) In general.--The Secretary shall
                            include instances of noncompliance that the
                            Secretary discovers upon reviewing the
                            comparative analyses requested under
                            subparagraph (B)(i) in the compliance program
                            guidance document described in paragraph (6),
                            as it is updated every 2 years, except that
                            such instances shall not disclose any protected
                            health information or individually identifiable
                            information.
                                ``(ii) Guidance and regulations.--Not later
                            than 18 months after the date of enactment of
                            this paragraph, the Secretary shall finalize
                            any draft or interim guidance and regulations
                            relating to mental health parity under this
                            section. Such draft guidance shall include
                            guidance to clarify the process and timeline
                            for current and potential participants and
                            beneficiaries (and authorized representatives
                            and health care providers of such participants
                            and beneficiaries) with respect to plans to
                            file complaints of such plans or issuers being
                            in violation of this section, including
                            guidance, by plan type, on the relevant State,
                            regional, or national office with which such
                            complaints should be filed.
                                ``(iii) State.--The Secretary shall share
                            information on findings of compliance and
                            noncompliance discovered upon reviewing the
                            comparative analyses requested under
                            subparagraph (B)(i) shall be shared with the
                            State where the group health plan is located or
                            the State where the health insurance issuer is
                            licensed to do business for coverage offered by
                            a health insurance issuer in the group market,
                            in accordance with paragraph
                            (6)(B)(iii)(II).''.
                (3) IRC.--Section 9812(a) of the Internal Revenue Code of
            1986 is amended by adding at the end the following:
                ``(6) Compliance program guidance document.--
                        ``(A) In general.--The Secretary, the Secretary of
                    Health and Human Services, and the Secretary of Labor,
                    in consultation with the Inspector General of the
                    Department of Health and Human Services, the Inspector
                    General of the Department of Labor, and the Inspector
                    General of the Department of the Treasury, shall issue
                    a compliance program guidance document to help improve
                    compliance with this section, section 2726 of the
                    Public Health Service Act, and section 712 of the
                    Employee Retirement Income Security Act of 1974, as
                    applicable. In carrying out this paragraph, the
                    Secretaries may take into consideration the 2016
                    publication of the Department of Health and Human
                    Services and the Department of Labor, entitled `Warning
                    Signs - Plan or Policy Non-Quantitative Treatment
                    Limitations (NQTLs) that Require Additional Analysis to
                    Determine Mental Health Parity Compliance'.
                        ``(B) Examples illustrating compliance and
                    noncompliance.--
                                ``(i) In general.--The compliance program
                            guidance document required under this paragraph
                            shall provide illustrative, de-identified
                            examples (that do not disclose any protected
                            health information or individually identifiable
                            information) of previous findings of compliance
                            and noncompliance with this section, section
                            2726 of the Public Health Service Act, or
                            section 712 of the Employee Retirement Income
                            Security Act of 1974, as applicable, based on
                            investigations of violations of such sections,
                            including--
                                        ``(I) examples illustrating
                                    requirements for information
                                    disclosures and nonquantitative
                                    treatment limitations; and
                                        ``(II) descriptions of the
                                    violations uncovered during the course
                                    of such investigations.
                                ``(ii) Nonquantitative treatment
                            limitations.--To the extent that any example
                            described in clause (i) involves a finding of
                            compliance or noncompliance with regard to any
                            requirement for nonquantitative treatment
                            limitations, the example shall provide
                            sufficient detail to fully explain such
                            finding, including a full description of the
                            criteria involved for approving medical and
                            surgical benefits and the criteria involved for
                            approving mental health and substance use
                            disorder benefits.
                                ``(iii) Access to additional information
                            regarding compliance.--In developing and
                            issuing the compliance program guidance
                            document required under this paragraph, the
                            Secretaries specified in subparagraph (A)--
                                        ``(I) shall enter into interagency
                                    agreements with the Inspector General
                                    of the Department of Health and Human
                                    Services, the Inspector General of the
                                    Department of Labor, and the Inspector
                                    General of the Department of the
                                    Treasury to share findings of
                                    compliance and noncompliance with this
                                    section, section 2726 of the Public
                                    Health Service Act, or section 712 of
                                    the Employee Retirement Income Security
                                    Act of 1974, as applicable; and
                                        ``(II) shall seek to enter into an
                                    agreement with a State to share
                                    information on findings of compliance
                                    and noncompliance with this section,
                                    section 2726 of the Public Health
                                    Service Act, or section 712 of the
                                    Employee Retirement Income Security Act
                                    of 1974, as applicable.
                        ``(C) Recommendations.--The compliance program
                    guidance document shall include recommendations to
                    advance compliance with this section, section 2726 of
                    the Public Health Service Act, or section 712 of the
                    Employee Retirement Income Security Act of 1974, as
                    applicable, and encourage the development and use of
                    internal controls to monitor adherence to applicable
                    statutes, regulations, and program requirements. Such
                    internal controls may include illustrative examples of
                    nonquantitative treatment limitations on mental health
                    and substance use disorder benefits, which may fail to
                    comply with this section, section 2726 of the Public
                    Health Service Act, or section 712 of the Employee
                    Retirement Income Security Act of 1974, as applicable,
                    in relation to nonquantitative treatment limitations on
                    medical and surgical benefits.
                        ``(D) Updating the compliance program guidance
                    document.--The Secretary, the Secretary of Health and
                    Human Services, and the Secretary of Labor, in
                    consultation with the Inspector General of the
                    Department of Health and Human Services, the Inspector
                    General of the Department of Labor, and the Inspector
                    General of the Department of the Treasury, shall update
                    the compliance program guidance document every 2 years
                    to include illustrative, de-identified examples (that
                    do not disclose any protected health information or
                    individually identifiable information) of previous
                    findings of compliance and noncompliance with this
                    section, section 2726 of the Public Health Service Act,
                    or section 712 of the Employee Retirement Income
                    Security Act of 1974, as applicable.
                ``(7) Additional guidance.--
                        ``(A) In general.--The Secretary, the Secretary of
                    Health and Human Services, and the Secretary of Labor
                    shall issue guidance to group health plans to assist
                    such plans in satisfying the requirements of this
                    section, section 2726 of the Public Health Service Act,
                    or section 712 of the Employee Retirement Income
                    Security Act of 1974, as applicable.
                        ``(B) Disclosure.--
                                ``(i) Guidance for plans.--The guidance
                            issued under this paragraph shall include
                            clarifying information and illustrative
                            examples of methods that group health plans may
                            use for disclosing information to ensure
                            compliance with the requirements under this
                            section, section 2726 of the Public Health
                            Service Act, or section 712 of the Employee
                            Retirement Income Security Act of 1974, as
                            applicable, (and any regulations promulgated
                            pursuant to such sections, as applicable).
                                ``(ii) Documents for participants,
                            beneficiaries, contracting providers, or
                            authorized representatives.--The guidance
                            issued under this paragraph shall include
                            clarifying information and illustrative
                            examples of methods that group health plans may
                            use to provide any participant, beneficiary,
                            contracting provider, or authorized
                            representative, as applicable, with documents
                            containing information that the health plans
                            are required to disclose to participants,
                            beneficiaries, contracting providers, or
                            authorized representatives to ensure compliance
                            with this section, section 2726 of the Public
                            Health Service Act, or section 712 of the
                            Employee Retirement Income Security Act of
                            1974, as applicable, compliance with any
                            regulation issued pursuant to such respective
                            section, or compliance with any other
                            applicable law or regulation. Such guidance
                            shall include information that is comparative
                            in nature with respect to--
                                        ``(I) nonquantitative treatment
                                    limitations for both medical and
                                    surgical benefits and mental health and
                                    substance use disorder benefits;
                                        ``(II) the processes, strategies,
                                    evidentiary standards, and other
                                    factors used to apply the limitations
                                    described in subclause (I); and
                                        ``(III) the application of the
                                    limitations described in subclause (I)
                                    to ensure that such limitations are
                                    applied in parity with respect to both
                                    medical and surgical benefits and
                                    mental health and substance use
                                    disorder benefits.
                        ``(C) Nonquantitative treatment limitations.--The
                    guidance issued under this paragraph shall include
                    clarifying information and illustrative examples of
                    methods, processes, strategies, evidentiary standards,
                    and other factors that group health plans may use
                    regarding the development and application of
                    nonquantitative treatment limitations to ensure
                    compliance with this section, section 2726 of the
                    Public Health Service Act, or section 712 of the
                    Employee Retirement Income Security Act of 1974, as
                    applicable, (and any regulations promulgated pursuant
                    to such respective section), including--
                                ``(i) examples of methods of determining
                            appropriate types of nonquantitative treatment
                            limitations with respect to both medical and
                            surgical benefits and mental health and
                            substance use disorder benefits, including
                            nonquantitative treatment limitations
                            pertaining to--
                                        ``(I) medical management standards
                                    based on medical necessity or
                                    appropriateness, or whether a treatment
                                    is experimental or investigative;
                                        ``(II) limitations with respect to
                                    prescription drug formulary design; and
                                        ``(III) use of fail-first or step
                                    therapy protocols;
                                ``(ii) examples of methods of determining--
                                        ``(I) network admission standards
                                    (such as credentialing); and
                                        ``(II) factors used in provider
                                    reimbursement methodologies (such as
                                    service type, geographic market, demand
                                    for services, and provider supply,
                                    practice size, training, experience,
                                    and licensure) as such factors apply to
                                    network adequacy;
                                ``(iii) examples of sources of information
                            that may serve as evidentiary standards for the
                            purposes of making determinations regarding the
                            development and application of nonquantitative
                            treatment limitations;
                                ``(iv) examples of specific factors, and
                            the evidentiary standards used to evaluate such
                            factors, used by such plans in performing a
                            nonquantitative treatment limitation analysis;
                                ``(v) examples of how specific evidentiary
                            standards may be used to determine whether
                            treatments are considered experimental or
                            investigative;
                                ``(vi) examples of how specific evidentiary
                            standards may be applied to each service
                            category or classification of benefits;
                                ``(vii) examples of methods of reaching
                            appropriate coverage determinations for new
                            mental health or substance use disorder
                            treatments, such as evidence-based early
                            intervention programs for individuals with a
                            serious mental illness and types of medical
                            management techniques;
                                ``(viii) examples of methods of reaching
                            appropriate coverage determinations for which
                            there is an indirect relationship between the
                            covered mental health or substance use disorder
                            benefit and a traditional covered medical and
                            surgical benefit, such as residential treatment
                            or hospitalizations involving voluntary or
                            involuntary commitment; and
                                ``(ix) additional illustrative examples of
                            methods, processes, strategies, evidentiary
                            standards, and other factors for which the
                            Secretary determines that additional guidance
                            is necessary to improve compliance with this
                            section, section 2726 of the Public Health
                            Service Act, or section 712 of the Employee
                            Retirement Income Security Act of 1974, as
                            applicable.
                        ``(D) Public comment.--Prior to issuing any final
                    guidance under this paragraph, the Secretary shall
                    provide a public comment period of not less than 60
                    days during which any member of the public may provide
                    comments on a draft of the guidance.
                ``(8) Compliance requirements.--
                        ``(A) Nonquantitative treatment limitation (nqtl)
                    requirements.--In the case of a group health plan that
                    provides both medical and surgical benefits and mental
                    health or substance use disorder benefits and that
                    imposes nonquantitative treatment limitations (referred
                    to in this section as `NQTLs') on mental health or
                    substance use disorder benefits, such plan shall
                    perform and document comparative analyses of the design
                    and application of NQTLs and, beginning 45 days after
                    the date of enactment of the Consolidated
                    Appropriations Act, 2021, make available to the
                    Secretary, upon request, the comparative analyses and
                    the following information:
                                ``(i) The specific plan terms or other
                            relevant terms regarding the NQTLs and a
                            description of all mental health or substance
                            use disorder and medical or surgical benefits
                            to which each such term applies in each
                            respective benefits classification.
                                ``(ii) The factors used to determine that
                            the NQTLs will apply to mental health or
                            substance use disorder benefits and medical or
                            surgical benefits.
                                ``(iii) The evidentiary standards used for
                            the factors identified in clause (ii), when
                            applicable, provided that every factor shall be
                            defined, and any other source or evidence
                            relied upon to design and apply the NQTLs to
                            mental health or substance use disorder
                            benefits and medical or surgical benefits.
                                ``(iv) The comparative analyses
                            demonstrating that the processes, strategies,
                            evidentiary standards, and other factors used
                            to apply the NQTLs to mental health or
                            substance use disorder benefits, as written and
                            in operation, are comparable to, and are
                            applied no more stringently than, the
                            processes, strategies, evidentiary standards,
                            and other factors used to apply the NQTLs to
                            medical or surgical benefits in the benefits
                            classification.
                                ``(v) A disclosure of the specific findings
                            and conclusions reached by the group health
                            plan, including any results of the analyses
                            described in this subparagraph that indicate
                            that the plan is or is not in compliance with
                            this section.
                        ``(B) Secretary request process.--
                                ``(i) Submission upon request.--The
                            Secretary shall request that a group health
                            plan submit the comparative analyses described
                            in subparagraph (A) for plans that involve
                            potential violations of this section or
                            complaints regarding noncompliance with this
                            section that concern NQTLs and any other
                            instances in which the Secretary determines
                            appropriate. The Secretary shall request not
                            fewer than 20 such analyses per year.
                                ``(ii) Additional information.--In
                            instances in which the Secretary has concluded
                            that the group health plan has not submitted
                            sufficient information for the Secretary to
                            review the comparative analyses described in
                            subparagraph (A), as requested under clause
                            (i), the Secretary shall specify to the plan
                            the information the plan must submit to be
                            responsive to the request under clause (i) for
                            the Secretary to review the comparative
                            analyses described in subparagraph (A) for
                            compliance with this section. Nothing in this
                            paragraph shall require the Secretary to
                            conclude that a group health plan is in
                            compliance with this section solely based upon
                            the inspection of the comparative analyses
                            described in subparagraph (A), as requested
                            under clause (i).
                                ``(iii) Required action.--
                                        ``(I) In general.--In instances in
                                    which the Secretary has reviewed the
                                    comparative analyses described in
                                    subparagraph (A), as requested under
                                    clause (i), and determined that the
                                    group health plan is not in compliance
                                    with this section, the plan--
                                                ``(aa) shall specify to the
                                            Secretary the actions the plan
                                            will take to be in compliance
                                            with this section and provide
                                            to the Secretary additional
                                            comparative analyses described
                                            in subparagraph (A) that
                                            demonstrate compliance with
                                            this section not later than 45
                                            days after the initial
                                            determination by the Secretary
                                            that the plan is not in
                                            compliance; and
                                                ``(bb) following the 45-day
                                            corrective action period under
                                            item (aa), if the Secretary
                                            makes a final determination
                                            that the plan still is not in
                                            compliance with this section,
                                            not later than 7 days after
                                            such determination, shall
                                            notify all individuals enrolled
                                            in the plan that the plan has
                                            been determined to be not in
                                            compliance with this section.
                                        ``(II) Exemption from disclosure.--
                                    Documents or communications produced in
                                    connection with the Secretary's
                                    recommendations to a group health plan
                                    shall not be subject to disclosure
                                    pursuant to section 552 of title 5,
                                    United States Code.
                                ``(iv) Report.--Not later than 1 year after
                            the date of enactment of this paragraph, and
                            not later than October 1 of each year
                            thereafter, the Secretary shall submit to
                            Congress, and make publicly available, a report
                            that contains--
                                        ``(I) a summary of the comparative
                                    analyses requested under clause (i),
                                    including the identity of each group
                                    plan that is determined to be not in
                                    compliance after the final
                                    determination by the Secretary
                                    described in clause (iii)(I)(bb);
                                        ``(II) the Secretary's conclusions
                                    as to whether each group health plan
                                    submitted sufficient information for
                                    the Secretary to review the comparative
                                    analyses requested under clause (i) for
                                    compliance with this section;
                                        ``(III) for each group health plan
                                    that did submit sufficient information
                                    for the Secretary to review the
                                    comparative analyses requested under
                                    clause (i), the Secretary's conclusions
                                    as to whether and why the plan is in
                                    compliance with the disclosure
                                    requirements under this section;
                                        ``(IV) the Secretary's
                                    specifications described in clause (ii)
                                    for each group health plan that the
                                    Secretary determined did not submit
                                    sufficient information for the
                                    Secretary to review the comparative
                                    analyses requested under clause (i) for
                                    compliance with this section; and
                                        ``(V) the Secretary's
                                    specifications described in clause
                                    (iii) of the actions each group health
                                    plan that the Secretary determined is
                                    not in compliance with this section
                                    must take to be in compliance with this
                                    section, including the reason why the
                                    Secretary determined the plan is not in
                                    compliance.
                        ``(C) Compliance program guidance document update
                    process.--
                                ``(i) In general.--The Secretary shall
                            include instances of noncompliance that the
                            Secretary discovers upon reviewing the
                            comparative analyses requested under
                            subparagraph (B)(i) in the compliance program
                            guidance document described in paragraph (6),
                            as it is updated every 2 years, except that
                            such instances shall not disclose any protected
                            health information or individually identifiable
                            information.
                                ``(ii) Guidance and regulations.--Not later
                            than 18 months after the date of enactment of
                            this paragraph, the Secretary shall finalize
                            any draft or interim guidance and regulations
                            relating to mental health parity under this
                            section. Such draft guidance shall include
                            guidance to clarify the process and timeline
                            for current and potential participants and
                            beneficiaries (and authorized representatives
                            and health care providers of such participants
                            and beneficiaries) with respect to plans to
                            file complaints of such plans being in
                            violation of this section, including guidance,
                            by plan type, on the relevant State, regional,
                            or national office with which such complaints
                            should be filed.
                                ``(iii) State.--The Secretary shall share
                            information on findings of compliance and
                            noncompliance discovered upon reviewing the
                            comparative analyses requested under
                            subparagraph (B)(i) shall be shared with the
                            State where the group health plan is located,
                            in accordance with paragraph
                            (6)(B)(iii)(II).''.
                (4) Medicaid and chip compliance.--
                        (A) Medicaid managed care organizations.--Section
                    1932(b)(8) of the Social Security Act (42 U.S.C. 1396u-
                    2(b)(8)) is amended by adding at the end the following
                    new sentence: ``In applying the previous sentence with
                    respect to requirements under paragraph (8) of section
                    2726(a) of the Public Health Service Act, a Medicaid
                    managed care organization (or a prepaid inpatient
                    health plan (as defined by the Secretary) or prepaid
                    ambulatory health plan (as defined by the Secretary)
                    that offers services to enrollees of a Medicaid managed
                    care organization) shall be treated as in compliance
                    with such requirements if the Medicaid managed care
                    organization (or prepaid inpatient health plan or
                    prepaid ambulatory health plan) is in compliance with
                    subpart K of part 438 of title 42, Code of Federal
                    Regulations, and section 438.3(n) of such title, or any
                    successor regulation.''.
                        (B) Other benchmark benefit packages or benchmark
                    equivalent coverage.--Section 1937(b)(6)(A) of such Act
                    (42 U.S.C. 1396u-7(b)(6)(A)) is amended--
                                (i) by striking ``section 2705(a)'' and
                            inserting ``section 2726(a)''; and
                                (ii) by adding at the end the following new
                            sentence: ``In applying the previous sentence
                            with respect to requirements under paragraph
                            (8) of section 2726(a) of the Public Health
                            Service Act, a benchmark benefit package or
                            benchmark equivalent coverage described in such
                            sentence shall be treated as in compliance with
                            such requirements if the State plan under this
                            title or the benchmark benefit package or
                            benefit equivalent coverage, as applicable, is
                            in compliance with subpart C of part 440 of
                            title 42, Code of Federal Regulations, or any
                            successor regulation.''.
                        (C) State child health plans.--Section
                    2103(c)(7)(A) of the Social Security Act (42 U.S.C.
                    1397cc(c)(7)(A)) is amended--
                                (i) by striking ``section 2705(a)'' and
                            inserting ``section 2726(a)''; and
                                (ii) by adding at the end the following new
                            sentence: ``In applying the previous sentence
                            with respect to requirements under paragraph
                            (8) of section 2726(a) of the Public Health
                            Service Act, a State child health plan
                            described in such sentence shall be treated as
                            in compliance with such requirements if the
                            State child health plan is in compliance with
                            section 457.496 of title 42, Code of Federal
                            Regulations, or any successor regulation.''.
        (b) Guidance.--The Secretary of Health and Human Services, jointly
    with the Secretary of Labor and the Secretary of the Treasury, shall
    issue guidance to carry out the amendments made by paragraphs (1), (2),
    and (3) of subsection (a).

    SEC. 204. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

        (a) PHSA.--Part D of title XXVII of the Public Health Service Act
    (42 U.S.C. 300gg et seq.), as amended by section 201, is further
    amended by adding at the end the following:

    ``SEC. 2799A-10. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

        ``(a) In General.--Not later than 1 year after the date of
    enactment of the Consolidated Appropriations Act, 2021, and not later
    than June 1 of each year thereafter, a group health plan or health
    insurance issuer offering group or individual health insurance coverage
    (except for a church plan) shall submit to the Secretary, the Secretary
    of Labor, and the Secretary of the Treasury the following information
    with respect to the health plan or coverage in the previous plan year:
                ``(1) The beginning and end dates of the plan year.
                ``(2) The number of enrollees.
                ``(3) Each State in which the plan or coverage is offered.
                ``(4) The 50 brand prescription drugs most frequently
            dispensed by pharmacies for claims paid by the plan or
            coverage, and the total number of paid claims for each such
            drug.
                ``(5) The 50 most costly prescription drugs with respect to
            the plan or coverage by total annual spending, and the annual
            amount spent by the plan or coverage for each such drug.
                ``(6) The 50 prescription drugs with the greatest increase
            in plan expenditures over the plan year preceding the plan year
            that is the subject of the report, and, for each such drug, the
            change in amounts expended by the plan or coverage in each such
            plan year.
                ``(7) Total spending on health care services by such group
            health plan or health insurance coverage, broken down by--
                        ``(A) the type of costs, including--
                                ``(i) hospital costs;
                                ``(ii) health care provider and clinical
                            service costs, for primary care and specialty
                            care separately;
                                ``(iii) costs for prescription drugs; and
                                ``(iv) other medical costs, including
                            wellness services; and
                        ``(B) spending on prescription drugs by--
                                ``(i) the health plan or coverage; and
                                ``(ii) the enrollees.
                ``(8) The average monthly premium--
                        ``(A) paid by employers on behalf of enrollees, as
                    applicable; and
                        ``(B) paid by enrollees.
                ``(9) Any impact on premiums by rebates, fees, and any
            other remuneration paid by drug manufacturers to the plan or
            coverage or its administrators or service providers, with
            respect to prescription drugs prescribed to enrollees in the
            plan or coverage, including--
                        ``(A) the amounts so paid for each therapeutic
                    class of drugs; and
                        ``(B) the amounts so paid for each of the 25 drugs
                    that yielded the highest amount of rebates and other
                    remuneration under the plan or coverage from drug
                    manufacturers during the plan year.
                ``(10) Any reduction in premiums and out-of-pocket costs
            associated with rebates, fees, or other remuneration described
            in paragraph (9).
        ``(b) Report.--Not later than 18 months after the date on which the
    first report is required under subsection (a) and biannually
    thereafter, the Secretary, acting through the Assistant Secretary of
    Planning and Evaluation and in coordination with the Inspector General
    of the Department of Health and Human Services, shall make available on
    the internet website of the Department of Health and Human Services a
    report on prescription drug reimbursements under group health plans and
    group and individual health insurance coverage, prescription drug
    pricing trends, and the role of prescription drug costs in contributing
    to premium increases or decreases under such plans or coverage,
    aggregated in such a way as no drug or plan specific information will
    be made public.
        ``(c) Privacy Protections.--No confidential or trade secret
    information submitted to the Secretary under subsection (a) shall be
    included in the report under subsection (b).''.
        (b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
    seq.), as amended by section 201, is further amended by adding at the
    end the following:

    ``SEC. 725. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

        ``(a) In General.--Not later than 1 year after the date of
    enactment of the Consolidated Appropriations Act, 2021, and not later
    than June 1 of each year thereafter, a group health plan (or health
    insurance coverage offered in connection with such a plan) shall submit
    to the Secretary, the Secretary of Health and Human Services, and the
    Secretary of the Treasury the following information with respect to the
    health plan or coverage in the previous plan year:
                ``(1) The beginning and end dates of the plan year.
                ``(2) The number of participants and beneficiaries.
                ``(3) Each State in which the plan or coverage is offered.
                ``(4) The 50 brand prescription drugs most frequently
            dispensed by pharmacies for claims paid by the plan or
            coverage, and the total number of paid claims for each such
            drug.
                ``(5) The 50 most costly prescription drugs with respect to
            the plan or coverage by total annual spending, and the annual
            amount spent by the plan or coverage for each such drug.
                ``(6) The 50 prescription drugs with the greatest increase
            in plan expenditures over the plan year preceding the plan year
            that is the subject of the report, and, for each such drug, the
            change in amounts expended by the plan or coverage in each such
            plan year.
                ``(7) Total spending on health care services by such group
            health plan or health insurance coverage, broken down by--
                        ``(A) the type of costs, including--
                                ``(i) hospital costs;
                                ``(ii) health care provider and clinical
                            service costs, for primary care and specialty
                            care separately;
                                ``(iii) costs for prescription drugs; and
                                ``(iv) other medical costs, including
                            wellness services; and
                        ``(B) spending on prescription drugs by--
                                ``(i) the health plan or coverage; and
                                ``(ii) the participants and beneficiaries.
                ``(8) The average monthly premium--
                        ``(A) paid by employers on behalf of participants
                    and beneficiaries, as applicable; and
                        ``(B) paid by participants and beneficiaries.
                ``(9) Any impact on premiums by rebates, fees, and any
            other remuneration paid by drug manufacturers to the plan or
            coverage or its administrators or service providers, with
            respect to prescription drugs prescribed to participants or
            beneficiaries in the plan or coverage, including--
                        ``(A) the amounts so paid for each therapeutic
                    class of drugs; and
                        ``(B) the amounts so paid for each of the 25 drugs
                    that yielded the highest amount of rebates and other
                    remuneration under the plan or coverage from drug
                    manufacturers during the plan year.
                ``(10) Any reduction in premiums and out-of-pocket costs
            associated with rebates, fees, or other remuneration described
            in paragraph (9).
        ``(b) Report.--Not later than 18 months after the date on which the
    first report is required under subsection (a) and biannually
    thereafter, the Secretary, acting in coordination with the Inspector
    General of the Department of Labor, shall make available on the
    internet website of the Department of Labor a report on prescription
    drug reimbursements under group health plans (or health insurance
    coverage offered in connection with such a plan), prescription drug
    pricing trends, and the role of prescription drug costs in contributing
    to premium increases or decreases under such plans or coverage,
    aggregated in such a way as no drug or plan specific information will
    be made public.
        ``(c) Privacy Protections.--No confidential or trade secret
    information submitted to the Secretary under subsection (a) shall be
    included in the report under subsection (b).''.
        (c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
    of 1986, as amended by section 201, is further amended by adding at the
    end the following:

    ``SEC. 9825. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

        ``(a) In General.--Not later than 1 year after the date of
    enactment of the Consolidated Appropriations Act, 2021, and not later
    than June 1 of each year thereafter, a group health plan shall submit
    to the Secretary, the Secretary of Health and Human Services, and the
    Secretary of Labor the following information with respect to the health
    plan in the previous plan year:
                ``(1) The beginning and end dates of the plan year.
                ``(2) The number of participants and beneficiaries.
                ``(3) Each State in which the plan is offered.
                ``(4) The 50 brand prescription drugs most frequently
            dispensed by pharmacies for claims paid by the plan, and the
            total number of paid claims for each such drug.
                ``(5) The 50 most costly prescription drugs with respect to
            the plan by total annual spending, and the annual amount spent
            by the plan for each such drug.
                ``(6) The 50 prescription drugs with the greatest increase
            in plan expenditures over the plan year preceding the plan year
            that is the subject of the report, and, for each such drug, the
            change in amounts expended by the plan in each such plan year.
                ``(7) Total spending on health care services by such group
            health plan, broken down by--
                        ``(A) the type of costs, including--
                                ``(i) hospital costs;
                                ``(ii) health care provider and clinical
                            service costs, for primary care and specialty
                            care separately;
                                ``(iii) costs for prescription drugs; and
                                ``(iv) other medical costs, including
                            wellness services; and
                        ``(B) spending on prescription drugs by--
                                ``(i) the health plan; and
                                ``(ii) the participants and beneficiaries.
                ``(8) The average monthly premium--
                        ``(A) paid by employers on behalf of participants
                    and beneficiaries, as applicable; and
                        ``(B) paid by participants and beneficiaries.
                ``(9) Any impact on premiums by rebates, fees, and any
            other remuneration paid by drug manufacturers to the plan or
            its administrators or service providers, with respect to
            prescription drugs prescribed to participants or beneficiaries
            in the plan, including--
                        ``(A) the amounts so paid for each therapeutic
                    class of drugs; and
                        ``(B) the amounts so paid for each of the 25 drugs
                    that yielded the highest amount of rebates and other
                    remuneration under the plan from drug manufacturers
                    during the plan year.
                ``(10) Any reduction in premiums and out-of-pocket costs
            associated with rebates, fees, or other remuneration described
            in paragraph (9).
        ``(b) Report.--Not later than 18 months after the date on which the
    first report is required under subsection (a) and biannually
    thereafter, the Secretary, acting in coordination with the Inspector
    General of the Department of the Treasury, shall make available on the
    internet website of the Department of the Treasury a report on
    prescription drug reimbursements under group health plans, prescription
    drug pricing trends, and the role of prescription drug costs in
    contributing to premium increases or decreases under such plans,
    aggregated in such a way as no drug or plan specific information will
    be made public.
        ``(c) Privacy Protections.--No confidential or trade secret
    information submitted to the Secretary under subsection (a) shall be
    included in the report under subsection (b).''.
        (d) Clerical Amendments.--
                (1) ERISA.--The table of contents in section 1 of the
            Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
            et seq.), as amended by section 201, is further amended by
            inserting after the item relating to section 724 the following
            new item:

    ``Sec. 725. Reporting on pharmacy benefits and drug costs.''.
                (2) IRC.--The table of sections for subchapter B of chapter
            100 of the Internal Revenue Code of 1986, as amended by section
            201, is further amended by adding at the end the following new
            item:

    ``Sec. 9825. Reporting on pharmacy benefits and drug costs.''.

                      TITLE III--PUBLIC HEALTH PROVISIONS

                        Subtitle A--Extenders Provisions

    SEC. 301. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL HEALTH
                  SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE
                  GME PROGRAMS.

        (a) Community Health Centers.--Section 10503(b)(1)(F) of the
    Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F))
    is amended by striking ``, $4,000,000,000 for fiscal year 2019,
    $4,000,000,000 for fiscal year 2020, and $865,753,425 for the period
    beginning on October 1, 2020, and ending on December 18, 2020'' and
    inserting ``and $4,000,000,000 for each of fiscal years 2019 through
    2023''.
        (b) National Health Service Corps.--Section 10503(b)(2)(H) of the
    Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H))
    is amended by striking `` $67,095,890 for the period beginning on
    October 1, 2020, and ending on December 18, 2020'' and inserting ``
    $310,000,000 for each of fiscal years 2021 through 2023''.
        (c) Teaching Health Centers That Operate Graduate Medical Education
    Programs.--Section 340H(g)(1) of the Public Health Service Act (42
    U.S.C. 256h(g)(1)) is amended--
                (1) by inserting ``and'' after ``2017,''; and
                (2) by striking ``fiscal year 2020, and $27,379,452 for the
            period beginning on October 1, 2020, and ending on December 18,
            2020'' and inserting ``2023''.
        (d) Application of Provisions.--Amounts appropriated pursuant to
    the amendments made by this section for fiscal years 2021 through 2023
    shall be subject to the requirements contained in Public Law 116-94 for
    funds for programs authorized under sections 330 through 340 of the
    Public Health Service Act.
        (e) Conforming Amendments.--Paragraph (4) of section 3014(h) of
    title 18, United States Code, as amended by section 1201(e) of the
    Further Continuing Appropriations Act, 2021, and Other Extensions Act,
    is amended by striking ``and section 1201(d) of the Further Continuing
    Appropriations Act, 2021, and Other Extensions Act'' and inserting ``,
    section 1201(d) of the Further Continuing Appropriations Act, 2021, and
    Other Extensions Act, and section 301(d) of division BB of the
    Consolidated Appropriations Act, 2021.''.

    SEC. 302. DIABETES PROGRAMS.

        (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act
    (42 U.S.C. 254c-2(b)(2)(D)) is amended by striking ``2020, and
    $32,465,753 for the period beginning on October 1, 2020, and ending on
    December 18, 2020'' and inserting ``2023''.
        (b) Indians.--Section 330C(c)(2)(D) of the Public Health Service
    Act (42 U.S.C. 254c-3(c)(2)(D)) is amended by striking ``2020, and
    $32,465,753 for the period beginning on October 1, 2020, and ending on
    December 18, 2020'' and inserting ``2023''.

                    Subtitle B--Strengthening Public Health

    SEC. 311. IMPROVING AWARENESS OF DISEASE PREVENTION.

        (a) In General.--The Public Health Service Act is amended by
    striking section 313 of such Act (42 U.S.C. 245) and inserting the
    following:

    ``SEC. 313. PUBLIC AWARENESS CAMPAIGN ON THE IMPORTANCE OF
                  VACCINATIONS.

        ``(a) In General.--The Secretary, acting through the Director of
    the Centers for Disease Control and Prevention and in coordination with
    other offices and agencies, as appropriate, shall award competitive
    grants or contracts to one or more public or private entities to carry
    out a national, evidence-based campaign to increase awareness and
    knowledge of the safety and effectiveness of vaccines for the
    prevention and control of diseases, combat misinformation about
    vaccines, and disseminate scientific and evidence-based vaccine-related
    information, with the goal of increasing rates of vaccination across
    all ages, as applicable, particularly in communities with low rates of
    vaccination, to reduce and eliminate vaccine-preventable diseases.
        ``(b) Consultation.--In carrying out the campaign under this
    section, the Secretary shall consult with appropriate public health and
    medical experts, including the National Academy of Medicine and medical
    and public health associations and nonprofit organizations, in the
    development, implementation, and evaluation of the evidence-based
    public awareness campaign.
        ``(c) Requirements.--The campaign under this section shall--
                ``(1) be a nationwide, evidence-based media and public
            engagement initiative;
                ``(2) include the development of resources for communities
            with low rates of vaccination, including culturally and
            linguistically appropriate resources, as applicable;
                ``(3) include the dissemination of vaccine information and
            communication resources to public health departments, health
            care providers, and health care facilities, including such
            providers and facilities that provide prenatal and pediatric
            care;
                ``(4) be complementary to, and coordinated with, any other
            Federal, State, local, or Tribal efforts, as appropriate; and
                ``(5) assess the effectiveness of communication strategies
            to increase rates of vaccination.
        ``(d) Additional Activities.--The campaign under this section may--
                ``(1) include the use of television, radio, the internet,
            and other media and telecommunications technologies;
                ``(2) include the use of in-person activities;
                ``(3) be focused to address specific needs of communities
            and populations with low rates of vaccination; and
                ``(4) include the dissemination of scientific and evidence-
            based vaccine-related information, such as--
                        ``(A) advancements in evidence-based research
                    related to diseases that may be prevented by vaccines
                    and vaccine development;
                        ``(B) information on vaccinations for individuals
                    and communities, including individuals for whom
                    vaccines are not recommended by the Advisory Committee
                    for Immunization Practices, and the effects of low
                    vaccination rates within a community on such
                    individuals;
                        ``(C) information on diseases that may be prevented
                    by vaccines; and
                        ``(D) information on vaccine safety and the systems
                    in place to monitor vaccine safety.
        ``(e) Evaluation.--The Secretary shall--
                ``(1) establish benchmarks and metrics to quantitatively
            measure and evaluate the awareness campaign under this section;
                ``(2) conduct qualitative assessments regarding the
            awareness campaign under this section; and
                ``(3) prepare and submit to the Committee on Health,
            Education, Labor, and Pensions of the Senate and Committee on
            Energy and Commerce of the House of Representatives an
            evaluation of the awareness campaign under this section.
        ``(f) Supplement Not Supplant.--Funds appropriated under this
    section shall be used to supplement and not supplant other Federal,
    State, and local public funds provided for activities described in this
    section.
        ``(g) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section and subsections (k) and (n) of
    section 317, $15,000,000 for each of fiscal years 2021 through 2025.''.
        (b) Grants to Address Vaccine-preventable Diseases.--Section 317 of
    the Public Health Service Act (42 U.S.C. 247b) is amended--
                (1) in subsection (k)(1)--
                        (A) in subparagraph (C), by striking ``; and'' and
                    inserting a semicolon;
                        (B) in subparagraph (D), by striking the period and
                    inserting a semicolon; and
                        (C) by adding at the end the following:
                ``(E) planning, implementation, and evaluation of
            activities to address vaccine-preventable diseases, including
            activities to--
                        ``(i) identify communities at high risk of
                    outbreaks related to vaccine-preventable diseases,
                    including through improved data collection and
                    analysis;
                        ``(ii) pilot innovative approaches to improve
                    vaccination rates in communities and among populations
                    with low rates of vaccination;
                        ``(iii) reduce barriers to accessing vaccines and
                    evidence-based information about the health effects of
                    vaccines;
                        ``(iv) partner with community organizations and
                    health care providers to develop and deliver evidence-
                    based interventions, including culturally and
                    linguistically appropriate interventions, to increase
                    vaccination rates;
                        ``(v) improve delivery of evidence-based vaccine-
                    related information to parents and others; and
                        ``(vi) improve the ability of State, local, Tribal,
                    and territorial public health departments to engage
                    communities at high risk for outbreaks related to
                    vaccine-preventable diseases, including, as
                    appropriate, with local educational agencies, as
                    defined in section 8101 of the Elementary and Secondary
                    Education Act of 1965; and
                ``(F) research related to strategies for improving
            awareness of scientific and evidence-based vaccine-related
            information, including for communities with low rates of
            vaccination, in order to understand barriers to vaccination,
            improve vaccination rates, and assess the public health
            outcomes of such strategies.''; and
                (2) by adding at the end the following:
        ``(n) Vaccination Data.--The Secretary, acting through the Director
    of the Centers for Disease Control and Prevention, shall expand and
    enhance, and, as appropriate, establish and improve, programs and
    conduct activities to collect, monitor, and analyze vaccination
    coverage data to assess levels of protection from vaccine-preventable
    diseases, including by assessing factors contributing to
    underutilization of vaccines and variations of such factors, and
    identifying communities at high risk of outbreaks associated with
    vaccine-preventable diseases.''.
        (c) Supplemental Grant Funds.--Section 330(d)(1) of the Public
    Health Service Act (42 U.S.C. 254b) is amended--
                (1) in subparagraph (F), by striking ``and'' at the end;
                (2) in subparagraph (G), by striking the period and
            inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(H) improving access to recommended
                    immunizations.''.
        (d) Update of 2015 NVAC Report.--The National Vaccine Advisory
    Committee established under section 2105 of the Public Health Service
    Act (42 U.S.C. 300aa-5) shall, as appropriate, update the report
    entitled, ``Assessing the State of Vaccine Confidence in the United
    States: Recommendations from the National Vaccine Advisory Committee'',
    approved by the National Vaccine Advisory Committee on June 10, 2015,
    with respect to factors affecting childhood vaccination.

    SEC. 312. GUIDE ON EVIDENCE-BASED STRATEGIES FOR PUBLIC HEALTH
                  DEPARTMENT OBESITY PREVENTION PROGRAMS.

        (a) Development and Dissemination of an Evidence-based Strategies
    Guide.--The Secretary of Health and Human Services (referred to in this
    section as the ``Secretary''), acting through the Director of the
    Centers for Disease Control and Prevention, not later than 2 years
    after the date of enactment of this Act, may--
                (1) develop a guide on evidence-based strategies for State,
            territorial, and local health departments to use to build and
            maintain effective obesity prevention and reduction programs,
            and, in consultation with Indian Tribes, Tribal organizations,
            and urban Indian organizations, a guide on such evidence-based
            strategies with respect to Indian Tribes and Tribal
            organizations for such Indian Tribes and Tribal organizations
            to use for such purpose, both of which guides shall--
                        (A) describe an integrated program structure for
                    implementing interventions proven to be effective in
                    preventing and reducing the incidence of obesity; and
                        (B) recommend--
                                (i) optimal resources, including staffing
                            and infrastructure, for promoting nutrition and
                            obesity prevention and reduction; and
                                (ii) strategies for effective obesity
                            prevention programs for State, territorial, and
                            local health departments, Indian Tribes, and
                            Tribal organizations, including strategies
                            related to--
                                        (I) the application of evidence-
                                    based and evidence-informed practices
                                    to prevent and reduce obesity rates;
                                        (II) the development,
                                    implementation, and evaluation of
                                    obesity prevention and reduction
                                    strategies for specific communities and
                                    populations;
                                        (III) demonstrated knowledge of
                                    obesity prevention practices that
                                    reduce associated preventable diseases,
                                    health conditions, death, and health
                                    care costs;
                                        (IV) best practices for the
                                    coordination of efforts to prevent and
                                    reduce obesity and related chronic
                                    diseases;
                                        (V) addressing the underlying risk
                                    factors and social determinants of
                                    health that impact obesity rates; and
                                        (VI) interdisciplinary coordination
                                    between relevant public health
                                    officials specializing in fields such
                                    as nutrition, physical activity,
                                    epidemiology, communications, and
                                    policy implementation, and
                                    collaboration between public health
                                    officials, community-based
                                    organizations, and others, as
                                    appropriate; and
                (2) disseminate the guides and current research, evidence-
            based practices, tools, and educational materials related to
            obesity prevention, consistent with the guides, to State,
            territorial, and local health departments, Indian Tribes, and
            Tribal organizations.
        (b) Technical Assistance.--The Secretary, acting through the
    Director of the Centers for Disease Control and Prevention, shall
    provide technical assistance to State, territorial, and local health
    departments, Indian Tribes, and Tribal organizations to support such
    health departments in implementing the guide developed under subsection
    (a)(1).
        (c) Indian Tribes; Tribal Organizations; Urban Indian
    Organizations.--In this section--
                (1) the terms ``Indian Tribe'' and ``Tribal organization''
            have the meanings given the terms ``Indian tribe'' and ``tribal
            organization'', respectively, in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304);
            and
                (2) 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).

    SEC. 313. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

        Title III of the Public Health Service Act is amended by inserting
    after section 330M (42 U.S.C. 254c-19) the following:

    ``SEC. 330N. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

        ``(a) Definitions.--In this section:
                ``(1) Eligible entity.--The term `eligible entity' means an
            entity that provides, or supports the provision of, health care
            services in rural areas, frontier areas, health professional
            shortage areas, or medically underserved areas, or to medically
            underserved populations or Native Americans, including Indian
            Tribes, Tribal organizations, and urban Indian organizations,
            and which may include entities leading, or capable of leading,
            a technology-enabled collaborative learning and capacity
            building model or engaging in technology-enabled collaborative
            training of participants in such model.
                ``(2) Health professional shortage area.--The term `health
            professional shortage area' means a health professional
            shortage area designated under section 332.
                ``(3) Indian tribe.--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) Medically underserved population.--The term
            `medically underserved population' has the meaning given the
            term in section 330(b)(3).
                ``(5) Native americans.--The term `Native Americans' has
            the meaning given the term in section 736 and includes Indian
            Tribes and Tribal organizations.
                ``(6) Technology-enabled collaborative learning and
            capacity building model.--The term `technology-enabled
            collaborative learning and capacity building model' means a
            distance health education model that connects health care
            professionals, and particularly specialists, with multiple
            other health care professionals through simultaneous
            interactive videoconferencing for the purpose of facilitating
            case-based learning, disseminating best practices, and
            evaluating outcomes.
                ``(7) Urban indian organization.--The term `urban Indian
            organization' has the meaning given the term in section 4 of
            the Indian Health Care Improvement Act.
        ``(b) Program Established.--The Secretary shall, as appropriate,
    award grants to evaluate, develop, and, as appropriate, expand the use
    of technology-enabled collaborative learning and capacity building
    models, to improve retention of health care providers and increase
    access to health care services, such as those to address chronic
    diseases and conditions, infectious diseases, mental health, substance
    use disorders, prenatal and maternal health, pediatric care, pain
    management, palliative care, and other specialty care in rural areas,
    frontier areas, health professional shortage areas, or medically
    underserved areas and for medically underserved populations or Native
    Americans.
        ``(c) Use of Funds.--
                ``(1) In general.--Grants awarded under subsection (b)
            shall be used for--
                        ``(A) the development and acquisition of
                    instructional programming, and the training of health
                    care providers and other professionals that provide or
                    assist in the provision of services through models
                    described in subsection (b), such as training on best
                    practices for data collection and leading or
                    participating in such technology-enabled activities
                    consistent with technology-enabled collaborative
                    learning and capacity-building models;
                        ``(B) information collection and evaluation
                    activities to study the impact of such models on
                    patient outcomes and health care providers, and to
                    identify best practices for the expansion and use of
                    such models; or
                        ``(C) other activities consistent with achieving
                    the objectives of the grants awarded under this
                    section, as determined by the Secretary.
                ``(2) Other uses.--In addition to any of the uses under
            paragraph (1), grants awarded under subsection (b) may be used
            for--
                        ``(A) equipment to support the use and expansion of
                    technology-enabled collaborative learning and capacity
                    building models, including for hardware and software
                    that enables distance learning, health care provider
                    support, and the secure exchange of electronic health
                    information; or
                        ``(B) support for health care providers and other
                    professionals that provide or assist in the provision
                    of services through such models.
        ``(d) Length of Grants.--Grants awarded under subsection (b) shall
    be for a period of up to 5 years.
        ``(e) Grant Requirements.--The Secretary may require entities
    awarded a grant under this section to collect information on the effect
    of the use of technology-enabled collaborative learning and capacity
    building models, such as on health outcomes, access to health care
    services, quality of care, and provider retention in areas and
    populations described in subsection (b). The Secretary may award a
    grant or contract to assist in the coordination of such models,
    including to assess outcomes associated with the use of such models in
    grants awarded under subsection (b), including for the purpose
    described in subsection (c)(1)(B).
        ``(f) Application.--An eligible entity that seeks to receive a
    grant under subsection (b) shall submit to the Secretary an
    application, at such time, in such manner, and containing such
    information as the Secretary may require. Such application shall
    include plans to assess the effect of technology-enabled collaborative
    learning and capacity building models on patient outcomes and health
    care providers.
        ``(g) Access to Broadband.--In administering grants under this
    section, the Secretary may coordinate with other agencies to ensure
    that funding opportunities are available to support access to reliable,
    high-speed internet for grantees.
        ``(h) Technical Assistance.--The Secretary shall provide (either
    directly through the Department of Health and Human Services or by
    contract) technical assistance to eligible entities, including
    recipients of grants under subsection (b), on the development, use, and
    evaluation of technology-enabled collaborative learning and capacity
    building models in order to expand access to health care services
    provided by such entities, including for medically underserved areas
    and to medically underserved populations or Native Americans.
        ``(i) Research and Evaluation.--The Secretary, in consultation with
    stakeholders with appropriate expertise in such models, shall develop a
    strategic plan to research and evaluate the evidence for such models.
    The Secretary shall use such plan to inform the activities carried out
    under this section.
        ``(j) Report by Secretary.--Not later than 4 years after the date
    of enactment of this section, the Secretary shall prepare and 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, and post on the internet website of the Department of
    Health and Human Services, a report including, at minimum--
                ``(1) a description of any new and continuing grants
            awarded to entities under subsection (b) and the specific
            purpose and amounts of such grants;
                ``(2) an overview of--
                        ``(A) the evaluations conducted under subsections
                    (b);
                        ``(B) technical assistance provided under
                    subsection (h); and
                        ``(C) activities conducted by entities awarded
                    grants under subsection (b); and
                ``(3) a description of any significant findings or
            developments related to patient outcomes or health care
            providers and best practices for eligible entities expanding,
            using, or evaluating technology-enabled collaborative learning
            and capacity building models, including through the activities
            described in subsection (h).
        ``(k) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $10,000,000 for each of fiscal
    years 2022 through 2026.''.

    SEC. 314. PUBLIC HEALTH DATA SYSTEM MODERNIZATION.

        Subtitle C of title XXVIII of the Public Health Service Act (42
    U.S.C. 300hh-31 et seq.) is amended by adding at the end the following:

    ``SEC. 2823. PUBLIC HEALTH DATA SYSTEM MODERNIZATION.

        ``(a) Expanding CDC and Public Health Department Capabilities.--
                ``(1) In general.--The Secretary, acting through the
            Director of the Centers for Disease Control and Prevention,
            shall--
                        ``(A) conduct activities to expand, modernize,
                    improve, and sustain applicable public health data
                    systems used by the Centers for Disease Control and
                    Prevention, including with respect to the
                    interoperability and improvement of such systems
                    (including as it relates to preparedness for,
                    prevention and detection of, and response to public
                    health emergencies); and
                        ``(B) award grants or cooperative agreements to
                    State, local, Tribal, or territorial public health
                    departments for the expansion and modernization of
                    public health data systems, to assist public health
                    departments and public health laboratories in--
                                ``(i) assessing current data infrastructure
                            capabilities and gaps to--
                                        ``(I) improve and increase
                                    consistency in data collection,
                                    storage, and analysis; and
                                        ``(II) as appropriate, improve
                                    dissemination of public health-related
                                    information;
                                ``(ii) improving secure public health data
                            collection, transmission, exchange,
                            maintenance, and analysis, including with
                            respect to demographic data, as appropriate;
                                ``(iii) improving the secure exchange of
                            data between the Centers for Disease Control
                            and Prevention, State, local, Tribal, and
                            territorial public health departments, public
                            health laboratories, public health
                            organizations, and health care providers,
                            including by public health officials in
                            multiple jurisdictions within such State, as
                            appropriate, and by simplifying and supporting
                            reporting by health care providers, as
                            applicable, pursuant to State law, including
                            through the use of health information
                            technology;
                                ``(iv) enhancing the interoperability of
                            public health data systems (including systems
                            created or accessed by public health
                            departments) with health information
                            technology, including with health information
                            technology certified under section 3001(c)(5);
                                ``(v) supporting and training data systems,
                            data science, and informatics personnel;
                                ``(vi) supporting earlier disease and
                            health condition detection, such as through
                            near real-time data monitoring, to support
                            rapid public health responses;
                                ``(vii) supporting activities within the
                            applicable jurisdiction related to the
                            expansion and modernization of electronic case
                            reporting; and
                                ``(viii) developing and disseminating
                            information related to the use and importance
                            of public health data.
                ``(2) Data standards.--In carrying out paragraph (1), the
            Secretary, acting through the Director of the Centers for
            Disease Control and Prevention, shall, as appropriate and in
            consultation with the Office of the National Coordinator for
            Health Information Technology, designate data and technology
            standards (including standards for interoperability) for public
            health data systems, with deference given to standards
            published by consensus-based standards development
            organizations with public input and voluntary consensus-based
            standards bodies.
                ``(3) Public-private partnerships.--The Secretary may
            develop and utilize public-private partnerships for technical
            assistance, training, and related implementation support for
            State, local, Tribal, and territorial public health
            departments, and the Centers for Disease Control and
            Prevention, on the expansion and modernization of electronic
            case reporting and public health data systems, as applicable.
        ``(b) Requirements.--
                ``(1) Health information technology standards.--The
            Secretary may not award a grant or cooperative agreement under
            subsection (a)(1)(B) unless the applicant uses or agrees to use
            standards endorsed by the National Coordinator for Health
            Information Technology pursuant to section 3001(c)(1) or
            adopted by the Secretary under section 3004.
                ``(2) Waiver.--The Secretary may waive the requirement
            under paragraph (1) with respect to an applicant if the
            Secretary determines that the activities under subsection
            (a)(1)(B) cannot otherwise be carried out within the applicable
            jurisdiction.
                ``(3) Application.--A State, local, Tribal, or territorial
            health department applying for a grant or cooperative agreement
            under this section shall submit an application to the Secretary
            at such time and in such manner as the Secretary may require.
            Such application shall include information describing--
                        ``(A) the activities that will be supported by the
                    grant or cooperative agreement; and
                        ``(B) how the modernization of the public health
                    data systems involved will support or impact the public
                    health infrastructure of the health department,
                    including a description of remaining gaps, if any, and
                    the actions needed to address such gaps.
        ``(c) Strategy and Implementation Plan.--Not later than 180 days
    after the date of enactment of this section, the Secretary, acting
    through the Director of the Centers for Disease Control and Prevention,
    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 coordinated strategy and an accompanying
    implementation plan that identifies and demonstrates the measures the
    Secretary will utilize to--
                ``(1) update and improve applicable public health data
            systems used by the Centers for Disease Control and Prevention;
            and
                ``(2) carry out the activities described in this section to
            support the improvement of State, local, Tribal, and
            territorial public health data systems.
        ``(d) Consultation.--The Secretary, acting through the Director of
    the Centers for Disease Control and Prevention, shall consult with
    State, local, Tribal, and territorial health departments, professional
    medical and public health associations, associations representing
    hospitals or other health care entities, health information technology
    experts, and other appropriate public or private entities regarding the
    plan and grant program to modernize public health data systems pursuant
    to this section. Activities under this subsection may include the
    provision of technical assistance and training related to the exchange
    of information by such public health data systems used by relevant
    health care and public health entities at the local, State, Federal,
    Tribal, and territorial levels, and the development and utilization of
    public-private partnerships for implementation support applicable to
    this section.
        ``(e) Report to Congress.--Not later than 1 year after the date of
    enactment of this section, the Secretary shall submit a report to the
    Committee on Health, Education, Labor, and Pensions of the Senate and
    the Committee on Energy and Commerce of the House of Representatives
    that includes--
                ``(1) a description of any barriers to--
                        ``(A) public health authorities implementing
                    interoperable public health data systems and electronic
                    case reporting;
                        ``(B) the exchange of information pursuant to
                    electronic case reporting;
                        ``(C) reporting by health care providers using such
                    public health data systems, as appropriate, and
                    pursuant to State law; or
                        ``(D) improving demographic data collection or
                    analysis;
                ``(2) an assessment of the potential public health impact
            of implementing electronic case reporting and interoperable
            public health data systems; and
                ``(3) a description of the activities carried out pursuant
            to this section.
        ``(f) Electronic Case Reporting.--In this section, the term
    `electronic case reporting' means the automated identification,
    generation, and bilateral exchange of reports of health events among
    electronic health record or health information technology systems and
    public health authorities.
        ``(g) Authorization of Appropriations.--To carry out this section,
    there are authorized to be appropriated $100,000,000 for each of fiscal
    years 2021 through 2025.''.

    SEC. 315. NATIVE AMERICAN SUICIDE PREVENTION.

        Section 520E(b) of the Public Health Service Act (42 U.S.C. 290bb-
    36(b) is amended by inserting after paragraph (3) the following:
                ``(4) Consultation.--An entity described in paragraph
            (1)(A) or (1)(B) that applies for a grant or cooperative
            agreement under this section shall agree to consult or confer
            with entities described in paragraph (1)(C) and Native Hawaiian
            Health Care Systems, as applicable, in the applicable State
            with respect to the development and implementation of a
            statewide early intervention strategy.''.

    SEC. 316. REAUTHORIZATION OF THE YOUNG WOMEN'S BREAST HEALTH EDUCATION
                  AND AWARENESS REQUIRES LEARNING YOUNG ACT OF 2009.

        Section 399NN(h) of the Public Health Service Act (42 U.S.C.
    280m(h)) is amended by striking `` $4,900,000 for each of fiscal years
    2015 through 2019'' and inserting `` $9,000,000 for each of fiscal
    years 2022 through 2026''.

    SEC. 317. REAUTHORIZATION OF SCHOOL-BASED HEALTH CENTERS.

        Section 399Z-1(l) of the Public Health Service Act (42 U.S.C. 280h-
    5(l)) is amended by striking ``2010 through 2014'' and inserting ``2022
    through 2026''.

                           Subtitle C--FDA Amendments

    SEC. 321. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER EXTENSION.

        Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 360ff(b)(5)) is amended--
                (1) by striking ``December 18, 2020'' each place it appears
            and inserting ``September 30, 2024''; and
                (2) in subparagraph (B), by striking ``December 18, 2022''
            and inserting ``September 30, 2026''.

    SEC. 322. CONDITIONS OF USE FOR BIOSIMILAR BIOLOGICAL PRODUCTS.

        Section 351(k)(2)(A)(iii) of the Public Health Service Act (42
    U.S.C. 262(k)(2)(A)(iii)) is amended--
                (1) in subclause (I), by striking ``; and'' and inserting a
            semicolon;
                (2) in subclause (II), by striking the period and inserting
            ``; and''; and
                (3) by adding at the end the following:
                                        ``(III) may include information to
                                    show that the conditions of use
                                    prescribed, recommended, or suggested
                                    in the labeling proposed for the
                                    biological product have been previously
                                    approved for the reference product.''.

    SEC. 323. ORPHAN DRUG CLARIFICATION.

        Section 527(c) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 360cc(c)) is amended by adding at the end the following:
                ``(3) Applicability.--This subsection applies to any drug
            designated under section 526 for which an application was
            approved under section 505 of this Act or licensed under
            section 351 of the Public Health Service Act after the date of
            enactment of the FDA Reauthorization Act of 2017, regardless of
            the date on which such drug was designated under section
            526.''.

    SEC. 324. MODERNIZING THE LABELING OF CERTAIN GENERIC DRUGS.

        Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
    351 et seq.) is amended by inserting after section 503C the following:

    ``SEC. 503D. PROCESS TO UPDATE LABELING FOR CERTAIN GENERIC DRUGS.

        ``(a) Definitions.--For purposes of this section:
                ``(1) The term `covered drug' means a drug approved under
            section 505(c)--
                        ``(A) for which there are no unexpired patents
                    included in the list under section 505(j)(7) and no
                    unexpired period of exclusivity;
                        ``(B) for which the approval of the application has
                    been withdrawn for reasons other than safety or
                    effectiveness; and
                        ``(C) for which--
                                ``(i)(I) there is new scientific evidence
                            available pertaining to new or existing
                            conditions of use that is not reflected in the
                            approved labeling;
                                ``(II) the approved labeling does not
                            reflect current legal and regulatory
                            requirements for content or format; or
                                ``(III) there is a relevant accepted use in
                            clinical practice that is not reflected in the
                            approved labeling; and
                                ``(ii) updating the approved labeling would
                            benefit the public health.
                ``(2) The term `period of exclusivity', with respect to a
            drug approved under section 505(c), means any period of
            exclusivity under clause (ii), (iii), or (iv) of section
            505(c)(3)(E), clause (ii), (iii), or (iv) of section
            505(j)(5)(F), or section 505A, 505E, or 527.
                ``(3) The term `generic version' means a drug approved
            under section 505(j) whose reference listed drug is a covered
            drug.
                ``(4) The term `relevant accepted use' means a use for a
            drug in clinical practice that is supported by scientific
            evidence that appears to the Secretary to meet the standards
            for approval under section 505.
                ``(5) The term `selected drug' means a covered drug for
            which the Secretary has determined through the process under
            subsection (c) that the labeling should be changed.
        ``(b) Identification of Covered Drugs.--The Secretary may identify
    covered drugs for which labeling updates would provide a public health
    benefit. To assist in identifying covered drugs, the Secretary may do
    one or both of the following:
                ``(1) Enter into cooperative agreements or contracts with
            public or private entities to review the available scientific
            evidence concerning such drugs.
                ``(2) Seek public input concerning such drugs, including
            input on whether there is a relevant accepted use in clinical
            practice that is not reflected in the approved labeling of such
            drugs or whether new scientific evidence is available regarding
            the conditions of use for such drug, by--
                        ``(A) holding one or more public meetings;
                        ``(B) opening a public docket for the submission of
                    public comments; or
                        ``(C) other means, as the Secretary determines
                    appropriate.
        ``(c) Selection of Drugs for Updating.--If the Secretary
    determines, with respect to a covered drug, that the available
    scientific evidence meets the standards under section 505 for adding or
    modifying information to the labeling or providing supplemental
    information to the labeling regarding the use of the covered drug, the
    Secretary may initiate the process under subsection (d).
        ``(d) Initiation of the Process of Updating.--If the Secretary
    determines that labeling changes are appropriate for a selected drug
    pursuant to subsection (c), the Secretary shall provide notice to the
    holders of approved applications for a generic version of such drug
    that--
                ``(1) summarizes the findings supporting the determination
            of the Secretary that the available scientific evidence meets
            the standards under section 505 for adding or modifying
            information or providing supplemental information to the
            labeling of the covered drug pursuant to subsection (c);
                ``(2) provides a clear statement regarding the additional,
            modified, or supplemental information for such labeling,
            according to the determination by the Secretary (including, as
            applicable, modifications to add the relevant accepted use to
            the labeling of the drug as an additional indication for the
            drug); and
                ``(3) states whether the statement under paragraph (2)
            applies to the selected drug as a class of covered drugs or
            only to a specific drug product.
        ``(e) Response to Notification.--Within 30 days of receipt of
    notification provided by the Secretary pursuant to subsection (d), the
    holder of an approved application for a generic version of the selected
    drug shall--
                ``(1) agree to change the approved labeling to reflect the
            additional, modified, or supplemental information the Secretary
            has determined to be appropriate; or
                ``(2) notify the Secretary that the holder of the approved
            application does not believe that the requested labeling
            changes are warranted and submit a statement detailing the
            reasons why such changes are not warranted.
        ``(f) Review of Application Holder's Response.--
                ``(1) In general.--Upon receipt of the application holder's
            response, the Secretary shall promptly review each statement
            received under subsection (e)(2) and determine which labeling
            changes pursuant to the Secretary's notice under subsection (d)
            are appropriate, if any. If the Secretary disagrees with the
            reasons why such labeling changes are not warranted, the
            Secretary shall provide opportunity for discussions with the
            application holders to reach agreement on whether the labeling
            for the covered drug should be updated to reflect available
            scientific evidence, and if so, the content of such labeling
            changes.
                ``(2) Changes to labeling.--After considering all responses
            from the holder of an approved application under paragraph (1)
            or (2) of subsection (e), and any discussion under paragraph
            (1), the Secretary may order such holder to make the labeling
            changes the Secretary determines are appropriate. Such holder
            of an approved application shall--
                        ``(A) update its paper labeling for the drug at the
                    next printing of that labeling;
                        ``(B) update any electronic labeling for the drug
                    within 30 days of such order; and
                        ``(C) submit the revised labeling through the form,
                    `Supplement--Changes Being Effected'.
        ``(g) Violation.--If the holder of an approved application for the
    generic version of the selected drug does not comply with the
    requirements of subsection (f)(2), such generic version of the selected
    drug shall be deemed to be misbranded under section 502.
        ``(h) Limitations; Generic Drugs.--
                ``(1) In general.--With respect to any labeling change
            required under this section, the generic version shall be
            deemed to have the same conditions of use and the same labeling
            as its reference listed drug for purposes of clauses (i) and
            (v) of section 505(j)(2)(A). Any labeling change so required
            shall not have any legal effect for the applicant that is
            different than the legal effect that would have resulted if a
            supplemental application had been submitted and approved to
            conform the labeling of the generic version to a change in the
            labeling of the reference drug.
                ``(2) Supplemental applications.--Changes to labeling made
            in accordance with this section shall not be eligible for an
            exclusivity period under this Act.
                ``(3) Selection of drugs.--The Secretary shall not identify
            a drug as a covered drug or select a drug label for updating
            under subsection (b) or (c) solely based on the availability of
            new safety information. Upon identification of a drug as a
            covered drug under subsection (b), the Secretary may then
            consider the availability of new safety information (as defined
            in section 505-1(b)) in determining whether the drug is a
            selected drug and in determining what labeling changes are
            appropriate.
        ``(i) Rules of Construction.--
                ``(1) Approval standards.--This section shall not be
            construed as altering the applicability of the standards for
            approval of an application under section 505. No order shall be
            issued under this subsection unless the scientific evidence
            supporting the changed labeling meets the standards for
            approval applicable to any change to labeling under section
            505.
                ``(2) Removal of information.--Nothing in this section
            shall be construed to give the Secretary additional authority
            to remove approved indications for drugs, other than the
            authority described in this section.
                ``(3) Secretary authority.--Nothing in this section shall
            be construed to limit the authority of the Secretary to require
            labeling changes under section 505(o).
                ``(4) Maintenance of labeling.--Nothing in this section
            shall be construed to affect the responsibility of the holder
            of an approved application under section 505(j) to maintain its
            labeling in accordance with existing requirements, including
            subpart B of part 201 and sections 314.70 and 314.97 of title
            21, Code of Federal Regulations (or any successor regulations).
        ``(j) Reports.--Not later than 4 years after the date of the
    enactment of this section, and every 4 years thereafter, the Secretary
    shall prepare and submit to the Committee on Energy and Commerce of the
    House of Representatives and the Committee on Health, Education, Labor,
    and Pensions of the Senate, a report that--
                ``(1) describes the actions of the Secretary under this
            section, including--
                        ``(A) the number of covered drugs and description
                    of the types of drugs the Secretary has selected for
                    labeling changes and the rationale for such recommended
                    changes; and
                        ``(B) the number of times the Secretary entered
                    into discussions concerning a disagreement with an
                    application holder or holders and a summary of the
                    decision regarding a labeling change, if any; and
                ``(2) includes any recommendations of the Secretary for
            modifying the program under this section.''.

    SEC. 325. BIOLOGICAL PRODUCT PATENT TRANSPARENCY.

        (a) In General.--Section 351(k) of the Public Health Service Act
    (42 U.S.C. 262(k)) is amended by adding at the end the following:
                ``(9) Public listing.--
                        ``(A) In general.--
                                ``(i) Initial publication.--Not later than
                            180 days after the date of enactment of this
                            paragraph, the Secretary shall publish and make
                            available to the public in a searchable,
                            electronic format--
                                        ``(I) a list of each biological
                                    product, by nonproprietary name (proper
                                    name), for which, as of such date of
                                    enactment, a biologics license under
                                    subsection (a) or this subsection is in
                                    effect, or that, as of such date of
                                    enactment, is deemed to be licensed
                                    under this section pursuant to section
                                    7002(e)(4) of the Biologics Price
                                    Competition and Innovation Act of 2009;
                                        ``(II) the date of licensure of the
                                    marketing application and the
                                    application number; and
                                        ``(III) with respect to each
                                    biological product described in
                                    subclause (I), the licensure status,
                                    and, as available, the marketing
                                    status.
                                ``(ii) Revisions.--Every 30 days after the
                            publication of the first list under clause (i),
                            the Secretary shall revise the list to include
                            each biological product which has been licensed
                            under subsection (a) or this subsection during
                            the 30-day period or deemed licensed under this
                            section pursuant to section 7002(e)(4) of the
                            Biologics Price Competition and Innovation Act
                            of 2009.
                                ``(iii) Patent information.--Not later than
                            30 days after a list of patents under
                            subsection (l)(3)(A), or a supplement to such
                            list under subsection (l)(7), has been provided
                            by the reference product sponsor to the
                            subsection (k) applicant respecting a
                            biological product included on the list
                            published under this subparagraph, the
                            reference product sponsor shall provide such
                            list of patents (or supplement thereto) and
                            their corresponding expiry dates to the
                            Secretary, and the Secretary shall, in
                            revisions made under clause (ii), include such
                            information for such biological product. Within
                            30 days of providing any subsequent or
                            supplemental list of patents to any subsequent
                            subsection (k) applicant under subsection
                            (l)(3)(A) or (l)(7), the reference product
                            sponsor shall update the information provided
                            to the Secretary under this clause with any
                            additional patents from such subsequent or
                            supplemental list and their corresponding
                            expiry dates.
                                ``(iv) Listing of exclusivities.--For each
                            biological product included on the list
                            published under this subparagraph, the
                            Secretary shall specify each exclusivity period
                            under paragraph (6) or paragraph (7) for which
                            the Secretary has determined such biological
                            product to be eligible and that has not
                            concluded.
                        ``(B) Revocation or suspension of license.--If the
                    license of a biological product is determined by the
                    Secretary to have been revoked or suspended for safety,
                    purity, or potency reasons, it may not be published in
                    the list under subparagraph (A). If such revocation or
                    suspension occurred after inclusion of such biological
                    product in the list published under subparagraph (A),
                    the reference product sponsor shall notify the
                    Secretary that--
                                ``(i) the biological product shall be
                            immediately removed from such list for the same
                            period as the revocation or suspension; and
                                ``(ii) a notice of the removal shall be
                            published in the Federal Register.''.
        (b) Review and Report on Types of Information To Be Listed.--Not
    later than 3 years after the date of enactment of this Act, the
    Secretary of Health and Human Services shall--
                (1) solicit public comment regarding the type of
            information, if any, that should be added to or removed from
            the list required by paragraph (9) of section 351(k) of the
            Public Health Service Act (42 U.S.C. 262(k)), as added by
            subsection (a); and
                (2) transmit to Congress an evaluation of such comments,
            including any recommendations about the types of information
            that should be added to or removed from the list.

                       Subtitle D--Technical Corrections

    SEC. 331. TECHNICAL CORRECTIONS.

        (a) Education and Training Relating to Geriatrics.--Section
    753(a)(7)(B) of the Public Health Service Act (42 U.S.C. 294c(a)(7)(B))
    is amended, in the matter preceding clause (i), by striking ``Title VII
    Health Care Workforce Reauthorization Act of 2019'' and inserting
    ``Coronavirus Aid, Relief, and Economic Security Act''.
        (b) Nursing.--Section 851(d)(3) of the Public Health Service Act
    (42 U.S.C. 297t(d)(3)) is amended by striking ``Title VIII Nursing
    Reauthorization Act'' and inserting ``Coronavirus Aid, Relief, and
    Economic Security Act''.
        (c) Citation.--Section 3404(a)(9) of the Coronavirus Aid, Relief,
    and Economic Security Act (Public Law 116-136) is amended by striking
    ``section 846A (42 U.S.C. 247n-1)'' and inserting ``section 846A (42
    U.S.C. 297n-1)''.
        (d) Effective Date.--The amendments made by subsections (a), (b),
    and (c) shall take effect as if included in the enactment of the
    Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
    136).

                         DIVISION CC--HEALTH EXTENDERS

    SEC. 1. TABLE OF CONTENTS.

    Sec. 1. Table of contents.

                          TITLE I--MEDICARE PROVISIONS

                         Subtitle A--Medicare Extenders

    Sec. 101. Extension of the work geographic index floor under the
                                medicare program.
    Sec. 102. Extension of funding for quality measure endorsement, input,
                                and selection.
    Sec. 103. Extension of funding outreach and assistance for low-income
                                programs.
    Sec. 104. Extension of medicare patient IVIG access demonstration
                                project.
    Sec. 105. Extending the independence at home medical practice
                                demonstration program under the medicare
                                program.

                     Subtitle B--Other Medicare Provisions

    Sec. 111. Improving measurements under the skilled nursing facility
                                value-based purchasing program under the
                                Medicare program.
    Sec. 112. Providing the Medicare Payment Advisory Commission and
                                Medicaid and CHIP Payment and Access
                                Commission with access to certain drug
                                payment information, including certain
                                rebate information.
    Sec. 113. Moratorium on payment under the Medicare physician fee
                                schedule of the add on code for inherently
                                complex evaluation and management visits.
    Sec. 114. Temporary freeze of APM payment incentive thresholds.
    Sec. 115. Permitting occupational therapists to conduct the initial
                                assessment visit and complete the
                                comprehensive assessment with respect to
                                certain rehabilitation services for home
                                health agencies under the Medicare program.
    Sec. 116. Centers for Medicare & Medicaid Services provider outreach
                                and reporting on cognitive assessment and
                                care plan services.
    Sec. 117. Continued coverage of certain temporary transitional home
                                infusion therapy services.
    Sec. 118. Transitional coverage and retroactive Medicare part D
                                coverage for certain low-income
                                beneficiaries.
    Sec. 119. Increasing the use of real-time benefit tools to lower
                                beneficiary costs.
    Sec. 120. Beneficiary enrollment simplification.
    Sec. 121. Waiving budget neutrality for oxygen under the Medicare
                                program.
    Sec. 122. Waiving medicare coinsurance for certain colorectal cancer
                                screening tests.
    Sec. 123. Expanding access to mental health services furnished through
                                telehealth.
    Sec. 124. Public-private partnership for health care waste, fraud, and
                                abuse detection.
    Sec. 125. Medicare payment for rural emergency hospital services.
    Sec. 126. Distribution of additional residency positions.
    Sec. 127. Promoting Rural Hospital GME Funding Opportunity.
    Sec. 128. Five-year extension of the rural community hospital
                                demonstration program.
    Sec. 129. Extension of Frontier Community Health Integration Project
                                Demonstration.
    Sec. 130. Improving rural health clinic payments.
    Sec. 131. Medicare GME treatment of hospitals establishing new medical
                                residency training programs after hosting
                                medical resident rotators for short
                                durations.
    Sec. 132. Medicare payment for certain Federally qualified health
                                center and rural health clinic services
                                furnished to hospice patients.
    Sec. 133. Delay to the implementation of the radiation oncology model
                                under the Medicare program.
    Sec. 134. Improving access to skilled nursing facility services for
                                hemophilia patients.

                TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

    Sec. 201. Eliminating DSH reductions for fiscal years 2021 through
                                2023.
    Sec. 202. Supplemental payment reporting requirements.
    Sec. 203. Medicaid shortfall and third party payments.
    Sec. 204. Extension of Money Follows the Person Rebalancing
                                Demonstration.
    Sec. 205. Extension of spousal impoverishment protections.
    Sec. 206. Extension of community mental health services demonstration
                                program.
    Sec. 207. Clarifying authority of State Medicaid fraud and abuse
                                control units to investigate and prosecute
                                cases of Medicaid patient abuse and neglect
                                in any setting.
    Sec. 208. Medicaid coverage for citizens of Freely Associated States.
    Sec. 209. Medicaid coverage of certain medical transportation.
    Sec. 210. Promoting access to life-saving therapies for Medicaid
                                enrollees by ensuring coverage of routine
                                patient costs for items and services
                                furnished in connection with participation
                                in qualifying clinical trials.

                           TITLE III--HUMAN SERVICES

    Sec. 301. Extension of TANF, child care entitlement to States, and
                                related programs.
    Sec. 302. Personal responsibility education extension.
    Sec. 303. Sexual risk avoidance education extension.
    Sec. 304. Extension of support for current health professions
                                opportunity grants.
    Sec. 305. Extension of MaryLee Allen Promoting Safe and Stable Families
                                Program and State court support.

                            TITLE IV--HEALTH OFFSETS

    Sec. 401. Requiring certain manufacturers to report drug pricing
                                information with respect to drugs under the
                                Medicare program.
    Sec. 402. Extended months of coverage of immunosuppressive drugs for
                                kidney transplant patients and other renal
                                dialysis provisions.
    Sec. 403. Permitting direct payment to physician assistants under
                                Medicare.
    Sec. 404. Adjusting calculation of hospice cap amount under Medicare.
    Sec. 405. Special rule for determination of ASP in cases of certain
                                noncovered self-administered drug products.
    Sec. 406. Medicaid Improvement Fund.
    Sec. 407. Establishing hospice program survey and enforcement
                                procedures under the Medicare program.
    Sec. 408. Medicare Improvement Fund.

                             TITLE V--MISCELLANEOUS

    Sec. 501. Implementation funding.

                          TITLE I--MEDICARE PROVISIONS

                         Subtitle A--Medicare Extenders

    SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
                  MEDICARE PROGRAM.

        Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
    4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law
    116-136), section 2201 of the Continuing Appropriations Act, 2021 and
    Other Extensions Act (Public Law 116-159), and section 1101 of the
    Further Continuing Appropriations Act, 2021, and Other Extensions Act,
    is amended by striking ``December 19, 2020'' and inserting ``January 1,
    2024''.

    SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT,
                  AND SELECTION.

        (a) Extension.--Section 1890(d)(2) of the Social Security Act (42
    U.S.C. 1395aaa(d)(2)), as amended by section 1103 of the Further
    Continuing Appropriations Act, 2021, and Other Extensions Act, is
    amended--
                (1) in the first sentence, by striking ``and for the period
            beginning on October 1, 2020, and ending on December 18, 2020,
            the amount equal to the pro rata portion of the amount
            appropriated for such period for fiscal year 2020'' and
            inserting `` $26,000,000 for fiscal year 2021, $20,000,000 for
            fiscal year 2022, and $20,000,000 for fiscal year 2023''; and
                (2) in the third sentence, by striking ``and 2020, and for
            the period beginning on October 1, 2020, and ending on December
            18, 2020'' and inserting ``2020, 2021, 2022, and 2023''.
        (b) Additional Reporting Requirements.--Section 1890 of the Social
    Security Act (42 U.S.C. 1395aaa) is amended--
                (1) in subsection (e)--
                        (A) by redesignating paragraphs (1) through (6) as
                    subparagraphs (A) through (F), respectively;
                        (B) by striking ``Congress.--By not later than''
                    and inserting ``Congress.--
                ``(1) In general.--By not later than'';
                        (C) in subparagraph (A), as redesignated by this
                    paragraph, by striking the last sentence;
                        (D) in subparagraph (D), as so redesignated, by
                    striking ``A description'' and inserting ``Subject to
                    paragraph (2)(B), a description'';
                        (E) in subparagraph (E), as so redesignated, by
                    striking ``The amount'' and inserting ``Subject to
                    paragraph (2)(B), the amount'';
                        (F) in subparagraph (F), as so redesignated, by
                    striking ``Estimates'' and inserting ``Subject to
                    paragraph (2)(B), estimates''; and
                        (G) by adding at the end the following new
                    paragraph:
                ``(2) Additional requirements for reports.--
                        ``(A) Addressing gao report.--Each of the annual
                    reports submitted in 2021 and 2022 pursuant to
                    paragraph (1) shall also include the following:
                                ``(i) A comprehensive analysis detailing
                            the ways in which the Centers for Medicare &
                            Medicaid Services has addressed each of the
                            recommendations set forth in the report by the
                            Government Accountability Office (GAO-19-628)
                            issued on September 19, 2019, and titled
                            `Health Care Quality: CMS Could More
                            Effectively Ensure Its Quality Measurement
                            Activities Promote Its Objectives'.
                                ``(ii) A detailed description of--
                                        ``(I) any additional steps that the
                                    Centers for Medicare & Medicaid
                                    Services expects to take to address the
                                    findings and recommendations set forth
                                    in such report; and
                                        ``(II) the anticipated timing for
                                    such steps.
                        ``(B) Ensuring detailed information.--
                                ``(i) In general.--In the case of an annual
                            report submitted in 2021 or a subsequent year
                            pursuant to paragraph (1), the information
                            required under--
                                        ``(I) paragraph (1)(D) shall also
                                    include detailed information on each of
                                    the activities described in clause
                                    (ii);
                                        ``(II) paragraph (1)(E) shall also
                                    include detailed information on the
                                    specific amounts obligated or expended
                                    on each of the activities described in
                                    clause (ii); and
                                        ``(III) paragraph (1)(F) shall also
                                    include detailed information on the
                                    specific quality measurement activities
                                    required and future funding needed for
                                    each of the activities described in
                                    clause (ii).
                                ``(ii) Activities described.--The
                            activities described in this clause are the
                            following:
                                        ``(I) Measure selection activities.
                                        ``(II) Measure development
                                    activities.
                                        ``(III) Public reporting
                                    activities.
                                        ``(IV) Education and outreach
                                    activities.''; and
                (2) by adding at the end the following new subsection:
        ``(f) Additional Reporting by the Secretary to Congress.--
                ``(1) In general.--By not later than September 30 of each
            year (beginning with 2021), the Secretary shall submit to
            Congress a report on the amount of unobligated balances for
            appropriations relating to quality measurement. Such report
            shall include detailed plans on how the Secretary expects to
            expend such unobligated balances in the upcoming fiscal years.
                ``(2) Separate report.--The annual report required under
            paragraph (1) shall be separate from the annual report required
            under subsection (e).''.
        (c) Input for Removal of Measures.--Section 1890(b) of the Social
    Security Act (42 U.S.C. 1395aaa(b)) is amended by inserting after
    paragraph (3) the following new paragraph:
                ``(4) Removal of measures.--The entity may provide input to
            the Secretary on quality and efficiency measures described in
            paragraph (7)(B) that could be considered for removal.''.
        (d) Prioritization of Measure Endorsement.--Section 1890(b) of the
    Social Security Act (42 U.S.C. 1395aaa(b)) is amended by adding at the
    end the following new paragraph:
                ``(9) Prioritization of measure endorsement.--The
            Secretary--
                        ``(A) during the period beginning on the date of
                    the enactment of this paragraph and ending on December
                    31, 2023, shall prioritize the endorsement of measures
                    relating to maternal morbidity and mortality by the
                    entity with a contract under subsection (a) in
                    connection with endorsement of measures described in
                    paragraph (2); and
                        ``(B) on and after January 1, 2024, may prioritize
                    the endorsement of such measures by such entity.''.

    SEC. 103. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME
                  PROGRAMS.

        (a) State Health Insurance Programs.--Subsection (a)(1)(B) of
    section 119 of the Medicare Improvements for Patients and Providers Act
    of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the
    Patient Protection and Affordable Care Act (Public Law 111-148),
    section 610 of the American Taxpayer Relief Act of 2012 (Public Law
    112-240), section 1110 of the Pathway for SGR Reform Act of 2013
    (Public Law 113-67), section 110 of the Protecting Access to Medicare
    Act of 2014 (Public Law 113-93), section 208 of the Medicare Access and
    CHIP Reauthorization Act of 2015 (Public Law 114-10), section 50207 of
    division E of the Bipartisan Budget Act of 2018 (Public Law 115-123),
    section 1402 of division B of the Continuing Appropriations Act, 2020,
    and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of
    division B of the Further Continuing Appropriations Act, 2020, and
    Further Health Extenders Act of 2019 (Public Law 116-69), section 103
    of division N of the Further Consolidated Appropriations Act, 2020
    (Public Law 116-94), section 3803 of the CARES Act (Public Law 116-
    136), section 2203 of the Continuing Appropriations Act, 2021 and Other
    Extensions Act (Public Law 116-159), and section 1102 of the Further
    Continuing Appropriations Act, 2021, and Other Extensions Act, is
    amended--
                (1) in clause (x), by striking at the end ``and''; and
                (2) by striking clause (xi) and inserting the following
            clauses:
                                ``(xi) for fiscal year 2021, $15,000,000;
                                ``(xii) for fiscal year 2022, $15,000,000;
                            and
                                ``(xiii) for fiscal year 2023,
                            $15,000,000.''.
        (b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section
    119, as so amended, is amended--
                (1) in clause (x), by striking at the end ``and''; and
                (2) by striking clause (xi) and inserting the following
            clauses:
                                ``(xi) for fiscal year 2021, $15,000,000;
                                ``(xii) for fiscal year 2022, $15,000,000;
                            and
                                ``(xiii) for fiscal year 2023,
                            $15,000,000.''.
        (c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of
    such section 119, as so amended, is amended--
                (1) in clause (x), by striking at the end ``and'';
                (2) by striking clause (xi) and inserting the following
            clauses:
                                ``(xi) for fiscal year 2021, $5,000,000;
                                ``(xii) for fiscal year 2022, $5,000,000;
                            and
                                ``(xiii) for fiscal year 2023,
                            $5,000,000,''.
        (d) Contract With the National Center for Benefits and Outreach
    Enrollment.--Subsection (d)(2) of such section 119, as so amended, is
    amended--
                (1) in clause (x), by striking at the end ``and'';
                (2) by striking clause (xi) and inserting the following
            clauses:
                                ``(xi) for fiscal year 2021, $15,000,000;
                                ``(xii) for fiscal year 2022, $15,000,000;
                            and
                                ``(xiii) for fiscal year 2023,
                            $15,000,000.''.

    SEC. 104. EXTENSION OF MEDICARE PATIENT IVIG ACCESS DEMONSTRATION
                  PROJECT.

        (a) Extension of Demonstration Project.--Section 101(b) of the
    Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers
    Act of 2012 (42 U.S.C. 13951 note) is amended--
                (1) by striking paragraph (1) and inserting the following:
                ``(1) Duration.--Beginning not later than one year after
            the date of enactment of this Act, the Secretary shall conduct
            the demonstration project for a period of 3 years and, subject
            to the availability of funds under subsection (g), the period
            beginning on October 1, 2017, and ending on December 31,
            2023.''; and
                (2) in paragraph (2)--
                        (A) by amending the first sentence to read as
                    follows: ``The Secretary shall enroll for participation
                    in the demonstration project for the period beginning
                    on October 1, 2014, and ending on September 30, 2020,
                    not more than 4,000 Medicare beneficiaries who have
                    been diagnosed with primary immunodeficiency disease
                    and for the period beginning on October 1, 2014, and
                    ending on December 31, 2023, not more than 6,500
                    Medicare beneficiaries who have been so diagnosed.'';
                    and
                        (B) by striking ``December 31, 2020'' and inserting
                    ``December 31, 2023''.
        (b) Updated Evaluation and Report.--Section 101(f) is amended--
                (1) by redesignating paragraph (2) as paragraph (3); and
                (2) by inserting after paragraph (1) the following new
            paragraph:
                ``(2) Updated evaluation and report.--Not later than 2
            years after the date of the enactment of Consolidated
            Appropriations Act, 2021, the Secretary shall submit to
            Congress an updated report that contains the following:
                        ``(A) The total number of beneficiaries enrolled in
                    the demonstration project during the updated report
                    period.
                        ``(B) The total number of claims submitted for
                    services during the updated report period,
                    disaggregated by month.
                        ``(C) An analysis of the impact of the
                    demonstration on beneficiary access to the in-home
                    administration of intravenous immune globin, including
                    the impact on beneficiary health.
                        ``(D) An analysis of the impact of in-home
                    administration of intravenous immune globin on overall
                    costs to Medicare, including the cost differential
                    between in-home administration of intravenous immune
                    globin and administration of intravenous immune globin
                    in a healthcare facility.
                        ``(E) To the extent practicable, a survey of
                    providers and enrolled beneficiaries that participated
                    in the demonstration project that identifies barriers
                    to accessing services, including reimbursement for
                    items and services.
                        ``(F) Recommendations to Congress on the
                    appropriateness of establishing a permanent bundled
                    services payment for the in-home administration of
                    intravenous immune globin for Medicare
                    beneficiaries.''.
        (c) Definition of Updated Report Period.--Section 101(h) is amended
    by adding at the end the following new paragraph:
                ``(4) Updated report period.--The term `updated report
            period' means the period beginning on October 1, 2014, and
            ending on September 30, 2020.''.

    SEC. 105. EXTENDING THE INDEPENDENCE AT HOME MEDICAL PRACTICE
                  DEMONSTRATION PROGRAM UNDER THE MEDICARE PROGRAM.

        (a) In General.--Section 1866E of the Social Security Act (42
    U.S.C. 1395cc-5) is amended--
                (1) in subsection (e)--
                        (A) in paragraph (1), by striking ``7-year'' and
                    inserting ``10-year''; and
                        (B) in paragraph (5)--
                                (i) in the first sentence, by striking
                            ``15,000'' and inserting ``20,000'';
                                (ii) in the second sentence, by striking
                            ``sixth and seventh'' and inserting ``sixth
                            through tenth''; and
                                (iii) by adding at the end the following
                            new sentence: ``An applicable beneficiary that
                            participates in the demonstration program by
                            reason of the increase from 15,000 to 20,000 in
                            the first sentence of this paragraph pursuant
                            to the amendment made by section 105 of
                            division CC of the Consolidated Appropriations
                            Act, 2021 shall be considered in the spending
                            target estimates under paragraph (1) of
                            subsection (c) and the incentive payment
                            calculations under paragraph (2) of such
                            subsection for the eighth through tenth years
                            of such program.''; and
                (2) in subsection (h), by inserting ``and $9,000,000 for
            fiscal year 2021'' after ``2015''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect as if included in the enactment of Public Law 111-148.

                     Subtitle B--Other Medicare Provisions

    SEC. 111. IMPROVING MEASUREMENTS UNDER THE SKILLED NURSING FACILITY
                  VALUE-BASED PURCHASING PROGRAM UNDER THE MEDICARE
                  PROGRAM.

        (a) In General.--Section 1888(h) of the Social Security Act (42
    U.S.C. 1395yy(h)) is amended--
                (1) in paragraph (1), by adding at the end the following
            new subparagraph:
                        ``(C) Exclusions.--With respect to payments for
                    services furnished on or after October 1, 2022, this
                    subsection shall not apply to a facility for which
                    there are not a minimum number (as determined by the
                    Secretary) of--
                                ``(i) cases for the measures that apply to
                            the facility for the performance period for the
                            applicable fiscal year; or
                                ``(ii) measures that apply to the facility
                            for the performance period for the applicable
                            fiscal year.'';
                (2) in paragraph (2)(A)--
                        (A) by striking ``The Secretary shall apply'' and
                    inserting ``The Secretary--
                                ``(i) shall apply'';
                        (B) by striking the period at the end and inserting
                    ``; and''; and
                        (C) by adding at the end the following:
                                ``(ii) may, with respect to payments for
                            services furnished on or after October 1, 2023,
                            apply additional measures determined
                            appropriate by the Secretary, which may include
                            measures of functional status, patient safety,
                            care coordination, or patient experience.
                    Subject to the succeeding sentence, in the case that
                    the Secretary applies additional measures under clause
                    (ii), the Secretary shall consider and apply, as
                    appropriate, quality measures specified under section
                    1899B(c)(1). In no case may the Secretary apply more
                    than 10 measures under this subparagraph.'';
                (3) in subparagraph (A) of each of paragraphs (3) and (4),
            by striking ``measure'' and inserting ``measures''; and
                (4) by adding at the end the following new paragraph:
                ``(12) Validation.--
                        ``(A) In general.--The Secretary shall apply to the
                    measures applied under this subsection and the data
                    submitted under subsection (e)(6) a process to validate
                    such measures and data, as appropriate, which may be
                    similar to the process specified in section
                    1886(b)(3)(B)(viii)(XI) for validating inpatient
                    hospital measures.
                        ``(B) Funding.--For purposes of carrying out this
                    paragraph, the Secretary shall provide for the
                    transfer, from the Federal Hospital Insurance Trust
                    Fund established under section 1817, of $5,000,000 to
                    the Centers for Medicare & Medicaid Services Program
                    Management Account for each of fiscal years 2023
                    through 2025, to remain available until expended.''.
        (b) Report by MedPAC.--Not later than March 15, 2022, the Medicare
    Payment Advisory Commission shall submit to Congress a report on
    establishing a prototype value-based payment program under a unified
    prospective payment system for post-acute care services under the
    Medicare program under title XVIII of the Social Security Act (42
    U.S.C. 1395 et seq.). Such report--
                (1) shall--
                        (A) consider design elements such as--
                                (i) measures that are important to the
                            Medicare program and to beneficiaries under
                            such program;
                                (ii) methodologies for scoring provider
                            performance and effects on payment; and
                                (iii) other elements determined appropriate
                            by the Commission; and
                        (B) analyze the effects of implementing such
                    prototype program; and
                (2) may--
                        (A) discuss the possible effects, with respect to
                    the Medicare program, on program spending, post-acute
                    care providers, patient outcomes, and other effects
                    determined appropriate by the Commission; and
                        (B) include recommendations with respect to such
                    prototype program, as determined appropriate by the
                    Commission, to Congress and the Secretary of Health and
                    Human Services.

    SEC. 112. PROVIDING THE MEDICARE PAYMENT ADVISORY COMMISSION AND
                  MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION WITH
                  ACCESS TO CERTAIN DRUG PAYMENT INFORMATION, INCLUDING
                  CERTAIN REBATE INFORMATION.

        (a) Access to Certain Part D Payment Data.--Section 1860D-15(f) of
    the Social Security Act (42 U.S.C. 1395w-115(f)) is amended--
                (1) in paragraph (2)--
                        (A) in subparagraph (A)(ii), by striking ``and'' at
                    the end;
                        (B) in subparagraph (B), by striking the period at
                    the end and inserting ``; and''; and
                        (C) by inserting at the end the following new
                    subparagraph:
                        ``(C) by the Executive Director of the Medicare
                    Payment Advisory Commission for purposes of monitoring,
                    making recommendations for, and analysis of the program
                    under this title and by the Executive Director of the
                    Medicaid and CHIP Payment and Access Commission for
                    purposes of monitoring, making recommendations for, and
                    analysis of the Medicaid program established under
                    title XIX and the Children's Health Insurance Program
                    under title XXI.''; and
                (2) by adding at the end the following new paragraph:
                ``(3) Additional restrictions on disclosure of
            information.--
                        ``(A) In general.--The Executive Directors
                    described in paragraph (2)(C) shall not disclose any of
                    the following information disclosed to such Executive
                    Directors or obtained by such Executive Directors
                    pursuant to such paragraph, with respect to a
                    prescription drug plan offered by a PDP sponsor or an
                    MA-PD plan offered by an MA organization:
                                ``(i) The specific amounts or the identity
                            of the source of any rebates, discounts, price
                            concessions, or other forms of direct or
                            indirect remuneration under such prescription
                            drug plan or such MA-PD plan.
                                ``(ii) Information submitted with the bid
                            submitted under section 1860D-11(b) by such PDP
                            sponsor or under section 1854(a) by such MA
                            organization.
                                ``(iii) In the case of such information
                            from prescription drug event records,
                            information in a form that would not be
                            permitted under section 423.505(m) of title 42,
                            Code of Federal Regulations, or any successor
                            regulation, if released by the Centers for
                            Medicare & Medicaid Services.
                        ``(B) Clarification.--The restrictions on
                    disclosures described in subparagraph (A) shall also
                    apply to disclosures to individual Commissioners of the
                    Medicare Payment Advisory Commission or of the Medicaid
                    and CHIP Payment and Access Commission.''.
        (b) Access to Certain Rebate and Payment Data Under Medicare and
    Medicaid.--Section 1927(b)(3)(D) of the Social Security Act (42 U.S.C.
    1396r-8(b)(3)(D)) is amended--
                (1) in the matter before clause (i), by striking
            ``subsection (a)(6)(A)(ii)'' and inserting ``subsection
            (a)(6)(A)'';
                (2) in clause (v), by striking ``and'' at the end;
                (3) in clause (vi), by striking the period at the end and
            inserting ``, and'';
                (4) by inserting after clause (vi) the following new
            clause:
                                ``(vii) to permit the Executive Director of
                            the Medicare Payment Advisory Commission and
                            the Executive Director of the Medicaid and CHIP
                            Payment and Access Commission to review the
                            information provided.'';
                (5) in the matter at the end, by striking ``1860D-
            4(c)(2)(E)'' and inserting ``1860D-4(c)(2)(G)''; and
                (6) by adding at the end the following new sentences: ``Any
            information disclosed to the Executive Director of the Medicare
            Payment Advisory Commission or the Executive Director of the
            Medicaid and CHIP Payment and Access Commission pursuant to
            this subparagraph shall not be disclosed by either such
            Executive Director in a form which discloses the identity of a
            specific manufacturer or wholesaler or prices charged for drugs
            by such manufacturer or wholesaler. Such information also shall
            not be disclosed by either such Executive Director to
            individual Commissioners of the Medicare Payment Advisory
            Commission or of the Medicaid and CHIP Payment and Access
            Commission in a form which discloses the identity of a specific
            manufacturer or wholesaler or prices charged for drugs by such
            manufacturer or wholesaler.''.

    SEC. 113. MORATORIUM ON PAYMENT UNDER THE MEDICARE PHYSICIAN FEE
                  SCHEDULE OF THE ADD ON CODE FOR INHERENTLY COMPLEX
                  EVALUATION AND MANAGEMENT VISITS.

        (a) In General.--The Secretary of Health and Human Services may
    not, prior to January 1, 2024, make payment under the fee schedule
    under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for
    services described by Healthcare Common Procedure Coding System (HCPCS)
    code G2211 (or any successor or substantially similar code), as
    described in section II.F. of the final rule filed by the Secretary
    with the Office of the Federal Register for public inspection on
    December 2, 2020, and entitled ``Medicare Program; CY 2021 Payment
    Policies under the Physician Fee Schedule and Other Changes to Part B
    Payment Policies; Medicare Shared Savings Program Requirements;
    Medicaid Promoting Interoperability Program Requirements for Eligible
    Professionals; Quality Payment Program; Coverage of Opioid Use Disorder
    Services Furnished by Opioid Treatment Programs; Medicare Enrollment of
    Opioid Treatment Programs; Electronic Prescribing for Controlled
    Substances for a Covered Part D Drug; Payment for Office/Outpatient
    Evaluation and Management Services; Hospital IQR Program; Establish New
    Code Categories; Medicare Diabetes Prevention Program (MDPP) Expanded
    Model Emergency Policy; Coding and Payment for Virtual Check-in
    Services Interim Final Rule Policy; Coding and Payment for Personal
    Protective Equipment (PPE) Interim Final Rule Policy; Regulatory
    Revisions in Response to the Public Health Emergency (PHE) for COVID-
    19; and Finalization of Certain Provisions from the March 31st , May
    8th and September 2nd Interim Final Rules in Response to the PHE for
    COVID-19''.
        (b) Implementation.--Notwithstanding any other provision of law,
    the Secretary may implement this section by interim final rule, program
    instruction, or otherwise.

    SEC. 114. TEMPORARY FREEZE OF APM PAYMENT INCENTIVE THRESHOLDS.

        (a) In General.--Section 1833(z)(2) of the Social Security Act (42
    U.S.C. 1395l(z)(2)) is amended--
                (1) in subparagraph (B)--
                        (A) in the heading, by striking ``and 2022'' and
                    inserting ``through 2024''; and
                        (B) in the matter preceding clause (i), by striking
                    ``2021 and 2022'' and inserting ``each of 2021 through
                    2024'';
                (2) in subparagraph (C)--
                        (A) in the heading, by striking ``2023'' and
                    inserting ``2025''; and
                        (B) in the matter preceding clause (i), by striking
                    ``2023'' and inserting ``2025''; and
                (3) in subparagraph (D), by adding at the end the
            following: ``With respect to 2023 and 2024, the Secretary shall
            use the same percentage criteria for counts of patients that
            are used in 2022.''.
        (b) Partial Qualifying APM Participant Modifications.--Section
    1848(q)(1)(C)(iii) of the Social Security Act (42 U.S.C. 1395w-
    4(q)(1)(C)(iii)) is amended--
                (1) in subclause (II), in the matter preceding item (aa),
            by striking ``2021 and 2022'' and inserting ``each of 2021
            through 2024''; and
                (2) in subclause (III), in the matter preceding item (aa),
            by striking ``2023'' and inserting ``2025''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on the date of the enactment of this Act.

    SEC. 115. PERMITTING OCCUPATIONAL THERAPISTS TO CONDUCT THE INITIAL
                  ASSESSMENT VISIT AND COMPLETE THE COMPREHENSIVE
                  ASSESSMENT WITH RESPECT TO CERTAIN REHABILITATION
                  SERVICES FOR HOME HEALTH AGENCIES UNDER THE MEDICARE
                  PROGRAM.

        Not later than January 1, 2022, the Secretary of Health and Human
    Services shall revise subsections (a)(2) and (b)(3) of section 484.55
    of title 42, Code of Federal Regulations, or a successor regulation, to
    permit an occupational therapist to conduct the initial assessment
    visit and to complete the comprehensive assessment (as such terms are
    described in such subsections, respectively) for home health services
    for an individual under title XVIII of the Social Security Act (42
    U.S.C. 1395 et seq.) if the home health plan of care for such
    individual--
                (1) does not initially include skilled nursing care;
                (2) includes occupational therapy; and
                (3) includes physical therapy or speech language pathology.

    SEC. 116. CENTERS FOR MEDICARE & MEDICAID SERVICES PROVIDER OUTREACH
                  AND REPORTING ON COGNITIVE ASSESSMENT AND CARE PLAN
                  SERVICES.

        (a) Outreach.--The Secretary of Health and Human Services (in this
    section referred to as the ``Secretary'') shall conduct outreach to
    physicians and appropriate non-physician practitioners participating
    under the Medicare program under title XVIII of the Social Security Act
    (42 U.S.C. 1395 et seq.) with respect to Medicare payment for cognitive
    assessment and care plan services furnished to individuals with
    cognitive impairment such as Alzheimer's disease and related dementias,
    identified as of January 1, 2018, by HCPCS code 99483, or any successor
    to such code (in this section referred to as ``cognitive assessment and
    care plan services''). Such outreach shall include a comprehensive,
    one-time education initiative to inform such physicians and
    practitioners of the addition of such services as a covered benefit
    under the Medicare program, including the requirements for eligibility
    for such services.
        (b) Reports.--
                (1) HHS report on provider outreach.--Not later than one
            year after the date of enactment of this Act, the Secretary of
            Health and Human Services shall submit to the Committee on Ways
            and Means and the Committee on Energy and Commerce of the House
            of Representatives and the Committee on Finance of the Senate a
            report on the outreach conducted under subsection (a). Such
            report shall include a description of the methods used for such
            outreach.
                (2) GAO report on utilization rates.--Not later than 3
            years after such date of enactment, the Comptroller General of
            the United States shall submit to the Committee on Ways and
            Means and the Committee on Energy and Commerce of the House of
            Representatives and the Committee on Finance of the Senate a
            report on the number of Medicare beneficiaries who were
            furnished cognitive assessment and care plan services for which
            payment was made under title XVIII of the Social Security Act
            (42 U.S.C. 1395 et seq.). Such report shall include information
            on barriers Medicare beneficiaries face to access such
            services, and recommendations for such legislative and
            administrative action as the Comptroller General deems
            appropriate.

    SEC. 117. CONTINUED COVERAGE OF CERTAIN TEMPORARY TRANSITIONAL HOME
                  INFUSION THERAPY SERVICES.

        (a) In General.--Section 1861(iii)(3)(C) of the Social Security Act
    (42 U.S.C. 1395x(iii)(3)(C)) is amended by inserting after clause (ii)
    the following flush sentence:
            ``Clause (ii) shall not apply to a self-administered drug or
            biological on a self-administered drug exclusion list if such
            drug or biological was included as a transitional home infusion
            drug under subparagraph (A)(iii) of section 1834(u)(7) and was
            identified by a HCPCS code described in subparagraph (C)(ii) of
            such section.''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    apply to items and services furnished on or after January 1, 2021.
        (c) Implementation.--Notwithstanding any other provision of law,
    the Secretary of Health and Human Services may implement the amendment
    made by subsection (a) by interim final rule, program instruction, or
    otherwise.

    SEC. 118. TRANSITIONAL COVERAGE AND RETROACTIVE MEDICARE PART D
                  COVERAGE FOR CERTAIN LOW-INCOME BENEFICIARIES.

        Section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114)
    is amended--
                (1) by redesignating subsection (e) as subsection (f); and
                (2) by adding after subsection (d) the following new
            subsection:
        ``(e) Limited Income Newly Eligible Transition Program.--
                ``(1) In general.--Beginning not later than January 1,
            2024, the Secretary shall carry out a program to provide
            transitional coverage for covered part D drugs for LI NET
            eligible individuals in accordance with this subsection.
                ``(2) LI net eligible individual defined.--For purposes of
            this subsection, the term `LI NET eligible individual' means a
            part D eligible individual who--
                        ``(A) meets the requirements of clauses (ii) and
                    (iii) of subsection (a)(3)(A); and
                        ``(B) has not yet enrolled in a prescription drug
                    plan or an MA-PD plan, or, who has so enrolled, but
                    with respect to whom coverage under such plan has not
                    yet taken effect.
                ``(3) Transitional coverage.--For purposes of this
            subsection, the term `transitional coverage' means with respect
            to an LI NET eligible individual--
                        ``(A) immediate access to covered part D drugs at
                    the point of sale during the period that begins on the
                    first day of the month such individual is determined to
                    meet the requirements of clauses (ii) and (iii) of
                    subsection (a)(3)(A) and ends on the date that coverage
                    under a prescription drug plan or MA-PD plan takes
                    effect with respect to such individual; and
                        ``(B) in the case of an LI NET eligible individual
                    who is a full-benefit dual eligible individual (as
                    defined in section 1935(c)(6)) or a recipient of
                    supplemental security income benefits under title XVI,
                    retroactive coverage (in the form of reimbursement of
                    the amounts that would have been paid under this part
                    had such individual been enrolled in a prescription
                    drug plan or MA-PD plan) of covered part D drugs
                    purchased by such individual during the period that
                    begins on the date that is the later of--
                                ``(i) the date that such individual was
                            first eligible for a low-income subsidy under
                            this part; or
                                ``(ii) the date that is 36 months prior to
                            the date such individual enrolls in a
                            prescription drug plan or MA-PD plan,
                    and ends on the date that coverage under such plan
                    takes effect.
                ``(4) Program administration.--
                        ``(A) Point of contact.--The Secretary shall, as
                    determined appropriate by the Secretary, administer the
                    program under this subsection through a contract with a
                    single program administrator.
                        ``(B) Benefit design.--The Secretary shall ensure
                    that the transitional coverage provided to LI NET
                    eligible individuals under this subsection--
                                ``(i) provides access to all covered part D
                            drugs under an open formulary;
                                ``(ii) permits all pharmacies determined by
                            the Secretary to be in good standing to process
                            claims under the program;
                                ``(iii) is consistent with such
                            requirements as the Secretary considers
                            necessary to improve patient safety and ensure
                            appropriate dispensing of medication; and
                                ``(iv) meets such other requirements as the
                            Secretary may establish.
                ``(5) Relationship to other provisions of this title;
            waiver authority.--
                        ``(A) In general.--The following provisions shall
                    not apply with respect to the program under this
                    subsection:
                                ``(i) Paragraphs (1) and (3)(B) of section
                            1860D-4(a) (relating to dissemination of
                            general information; availability of
                            information on changes in formulary through the
                            internet).
                                ``(ii) Subparagraphs (A) and (B) of section
                            1860D-4(b)(3) (relating to requirements on
                            development and application of formularies;
                            formulary development).
                                ``(iii) Paragraphs (1)(C) and (2) of
                            section 1860D-4(c) (relating to medication
                            therapy management program).
                        ``(B) Waiver authority.--The Secretary may waive
                    such other requirements of title XI and this title as
                    may be necessary to carry out the purposes of the
                    program established under this subsection.
                ``(6) Contracting authority.--The authority vested in the
            Secretary by this subsection may be performed without regard to
            such provisions of law or regulations relating to the making,
            performance, amendment, or modification of contracts of the
            United States as the Secretary may determine to be inconsistent
            with the furtherance of the purpose of this title.''.

    SEC. 119. INCREASING THE USE OF REAL-TIME BENEFIT TOOLS TO LOWER
                  BENEFICIARY COSTS.

        (a) Requiring Prescription Drug Plan Sponsors and Medicare
    Advantage Organizations To Include Real-Time Benefit Information Under
    Medicare Part D.--Section 1860D-4 of the Social Security Act (42 U.S.C.
    1395w-104) is amended--
                (1) by redesignating subsection (m) (relating to program
            integrity transparency measures), as added by section 6063(c)
            of the Substance Use-Disorder Prevention that Promotes Opioid
            Recovery and Treatment for Patients and Communities Act (Public
            Law 115-271), as subsection (n); and
                (2) by adding at the end the following new subsection:
        ``(o) Real-Time Benefit Information.--
                ``(1) In general.--After the Secretary has adopted a
            standard under paragraph (3) for electronic real-time benefit
            tools, and at a time determined appropriate by the Secretary, a
            PDP sponsor of a prescription drug plan shall implement one or
            more of such tools that meet the requirements described in
            paragraph (2).
                ``(2) Requirements.--For purposes of paragraph (1), the
            requirements described in this paragraph, with respect to an
            electronic real-time benefit tool, are that the tool is capable
            of--
                        ``(A) integrating with electronic prescribing and
                    electronic health record systems of prescribing health
                    care professionals for the transmission of formulary
                    and benefit information in real time to such
                    professionals; and
                        ``(B) with respect to a covered part D drug,
                    transmitting such information specific to an individual
                    enrolled in a prescription drug plan, including the
                    following:
                                ``(i) A list of any clinically-appropriate
                            alternatives to such drug included in the
                            formulary of such plan.
                                ``(ii) Cost-sharing information and the
                            negotiated price for such drug and such
                            alternatives at multiple pharmacy options,
                            including the individual's preferred pharmacy
                            and, as applicable, other retail pharmacies and
                            a mail order pharmacy.
                                ``(iii) The formulary status of such drug
                            and such alternatives and any prior
                            authorization or other utilization management
                            requirements applicable to such drug and such
                            alternatives included in the formulary of such
                            plan.
                ``(3) Standards.--In order to be treated (for purposes of
            this subsection) as an electronic real-time benefit tool
            described in paragraph (1), such tool shall comply with
            technical standards adopted by the Secretary in consultation
            with the National Coordinator for Health Information Technology
            through notice and comment rulemaking. Such technical standards
            adopted by the Secretary shall be developed by a standards
            development organization, such as the National Council for
            Prescription Drug Programs, that consults with stakeholders
            such as PDP sponsors, Medicare Advantage organizations,
            beneficiary advocates, health care professionals, and health
            information technology software vendors.
                ``(4) Rules of construction.--Nothing in this subsection
            shall be construed--
                        ``(A) to prohibit the application of paragraph
                    (b)(7) of section 423.160 of title 42, Code of Federal
                    Regulations, as is to be added to such section pursuant
                    to the final rule published in the Federal Register on
                    May 23, 2019, and titled `Modernizing Part D and
                    Medicare Advantage To Lower Drug Prices and Reduce Out-
                    of-Pocket Expenses' (84 Fed. Reg. 23832 through 23884);
                    or
                        ``(B) to allow a PDP sponsor to use a real-time
                    benefit tool to steer an individual, without the
                    consent of the individual, to a particular pharmacy or
                    pharmacy type over their preferred pharmacy or pharmacy
                    type nor prohibit the designation of an individual's
                    preferred pharmacy under such tool.''.
        (b) Requiring Qualified Electronic Health Records To Include Real-
    Time Benefit Tools.--Section 3000(13) of the Public Health Service Act
    (42 U.S.C. 300jj(13)) is amended--
                (1) in subparagraph (A), by striking ``and'' at the end;
                (2) in subparagraph (B), by striking the period and
            inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(C) includes, or is capable of including, a real-
                    time benefit tool that conveys patient-specific real-
                    time cost and coverage information with respect to
                    prescription drugs that, with respect to any health
                    information technology certified for electronic
                    prescribing, the technology shall be capable of
                    incorporating the information described in clauses (i)
                    through (iii) of paragraph (2)(B) of section 1860D-4(o)
                    of the Social Security Act at a time specified by the
                    Secretary but not before the Secretary adopts a
                    standard for such tools as described in paragraph (1)
                    of such section.''.
        (c) Inclusion of Use of Real-Time Electronic Information in Shared
    Decision-Making Under MIPS.--Section 1848(q)(2)(B)(iii)(IV) of the
    Social Security Act (42 U.S.C. 1395w-4(q)(2)(B)(iii)(IV)) is amended by
    adding at the end the following new sentences: ``This subcategory shall
    include as an activity, for performance periods beginning on or after
    January 1, 2022, use of a real-time benefit tool as described in
    section 1860D-4(o). The Secretary may establish this activity as a
    standalone or as a component of another activity.''.

    SEC. 120. BENEFICIARY ENROLLMENT SIMPLIFICATION.

        (a) Beneficiary Enrollment Simplification.--
                (1) Effective date of coverage.--Section 1838(a) of the
            Social Security Act (42 U.S.C. 1395q(a)) is amended--
                        (A) by amending paragraph (2) to read as follows:
                ``(2)(A) in the case of an individual who enrolls pursuant
            to subsection (d) of section 1837 before the month in which he
            first satisfies paragraph (1) or (2) of section 1836(a), the
            first day of such month,
                ``(B) in the case of an individual who first satisfies such
            paragraph in a month beginning before January 2023 and who
            enrolls pursuant to such subsection (d)--
                        ``(i) in such month in which he first satisfies
                    such paragraph, the first day of the month following
                    the month in which he so enrolls,
                        ``(ii) in the month following such month in which
                    he first satisfies such paragraph, the first day of the
                    second month following the month in which he so
                    enrolls, or
                        ``(iii) more than one month following such month in
                    which he satisfies such paragraph, the first day of the
                    third month following the month in which he so enrolls,
                ``(C) in the case of an individual who first satisfies such
            paragraph in a month beginning on or after January 1, 2023, and
            who enrolls pursuant to such subsection (d) in such month in
            which he first satisfies such paragraph or in any subsequent
            month of his initial enrollment period, the first day of the
            month following the month in which he so enrolls, or
                ``(D) in the case of an individual who enrolls pursuant to
            subsection (e) of section 1837 in a month beginning--
                        ``(i) before January 1, 2023, the July 1 following
                    the month in which he so enrolls; or
                        ``(ii) on or after January 1, 2023, the first day
                    of the month following the month in which he so
                    enrolls; or''; and
                        (B) by amending paragraph (3) to read as follows:
                ``(3) in the case of an individual who is deemed to have
            enrolled--
                        ``(A) on or before the last day of the third month
                    of his initial enrollment period, the first day of the
                    month in which he first meets the applicable
                    requirements of section 1836(a) or July 1, 1973,
                    whichever is later, or
                        ``(B) on or after the first day of the fourth month
                    of his initial enrollment period, and where such month
                    begins--
                                ``(i) before January 1, 2023, as prescribed
                            under subparagraphs (B)(i), (B)(ii), (B)(iii),
                            and (D)(i) of paragraph (2), or
                                ``(ii) on or after January 1, 2023, as
                            prescribed under subparagraphs (C) and (D)(ii)
                            of paragraph (2).''.
                (2) Special enrollment periods for exceptional
            circumstances.--
                        (A) Enrollment.--Section 1837 of the Social
                    Security Act (42 U.S.C. 1395p) is amended by adding at
                    the end the following new subsection:
        ``(m) Beginning January 1, 2023, the Secretary may establish
    special enrollment periods in the case of individuals who satisfy
    paragraph (1) or (2) of section 1836(a) and meet such exceptional
    conditions as the Secretary may provide.''.
                        (B) Coverage period.--Section 1838 of the Social
                    Security Act (42 U.S.C. 1395q) is amended by adding at
                    the end the following new subsection:
        ``(g) Notwithstanding subsection (a), in the case of an individual
    who enrolls during a special enrollment period pursuant to section
    1837(m), the coverage period shall begin on a date the Secretary
    provides in a manner consistent (to the extent practicable) with
    protecting continuity of health benefit coverage.''.
                        (C) Conforming amendment.--Title XVIII of the
                    Social Security Act (42 U.S.C. 1395 et seq.) is
                    amended--
                                (i) in section 1818A(c)(3), by striking
                            ``subsections (h) and (i) of section 1837'' and
                            inserting ``subsections (h), (i), and (m) of
                            section 1837''; and
                                (ii) in section 1839(b), in the first
                            sentence, by striking ``or (l)'' and inserting
                            ``, (l), or (m)''.
                (3) Technical correction.--Section 1839(b) of the Social
            Security Act (42 U.S.C. 1395r(b)) is amended by adding at the
            end the following new sentence: ``For purposes of determining
            any increase under this subsection for individuals whose
            enrollment occurs on or after January 1, 2023, the second
            sentence of this subsection shall be applied by substituting
            `close of the month' for `close of the enrollment period' each
            place it appears.''.
                (4) Report.--Not later than January 1, 2023, the Secretary
            of Health and Human Services shall submit to the Committee on
            Ways and Means and Committee on Energy and Commerce of the
            House of Representatives and the Committee on Finance and
            Special Committee on Aging of the Senate a report on how to
            align existing Medicare enrollment periods under title XVIII of
            the Social Security Act, including the general enrollment
            period under part B of such title and the annual, coordinated
            election period under the Medicare Advantage program under part
            C of such title and under the prescription drug program under
            part D of such title. Such report shall include recommendations
            consistent with the goals of maximizing coverage continuity and
            choice and easing beneficiary transition.
        (b) Funding.--Section 1808 of the Social Security Act (42 U.S.C.
    1395b-9) is amended by adding the end the following new subsection:
        ``(e) Funding for Implementation of Beneficiary Enrollment
    Simplification.--For purposes of carrying out the provisions of and the
    amendments made by section 120 of division CC of the Consolidated
    Appropriations Act, 2021, the Secretary shall provide for the transfer,
    from the Federal Hospital Insurance Trust Fund under section 1817 and
    the Federal Supplementary Medical Insurance Trust Fund under section
    1841 (in such proportion as the Secretary determines appropriate), to
    the Centers for Medicare & Medicaid Services Program Management
    Account, of $2,000,000 for each of fiscal years 2021 through 2030, to
    remain available until expended.''.

    SEC. 121. WAIVING BUDGET NEUTRALITY FOR OXYGEN UNDER THE MEDICARE
                  PROGRAM.

        (a) In General.--Section 1834(a)(9)(D)(ii) of the Social Security
    Act (42 U.S.C. 1395m(a)(9)(D)(ii)), with application of subsection (b),
    is amended by adding at the end the following new sentence: ``The
    requirement of the preceding sentence shall not apply beginning with
    the second calendar quarter beginning on or after the date of the
    enactment of this sentence.''.
        (b) Technical Correction.--
                (1) In general.--Section 4552(b) of the Balanced Budget Act
            of 1997 (Public Law 105-33) is amended by striking ``section
            1848(a)(9)'' and inserting ``section 1834(a)(9)''.
                (2) Effective date.--The amendment made by paragraph (1)
            shall take effect as if included in the enactment of the
            Balanced Budget Act of 1997 (Public Law 105-33).
        (c) Implementation.--Notwithstanding any other provision of law,
    the Secretary of Health and Human Services may implement the amendments
    made by this section by program instruction or otherwise.

    SEC. 122. WAIVING MEDICARE COINSURANCE FOR CERTAIN COLORECTAL CANCER
                  SCREENING TESTS.

        (a) In General.--Section 1833(a) of the Social Security Act (42
    U.S.C. 1395l(a)) is amended--
                (1) in the second sentence, by striking ``section 1834(0)''
            and inserting ``section 1834(o)'';
                (2) by moving such second sentence 2 ems to the left; and
                (3) by inserting the following third sentence following
            such second sentence: ``For services furnished on or after
            January 1, 2022, paragraph (1)(Y) shall apply with respect to a
            colorectal cancer screening test regardless of the code that is
            billed for the establishment of a diagnosis as a result of the
            test, or for the removal of tissue or other matter or other
            procedure that is furnished in connection with, as a result of,
            and in the same clinical encounter as the screening test.''.
        (b) Special Coinsurance Rule for Certain Tests.--Section 1833 of
    the Social Security Act (42 U.S.C. 1395l) is amended--
                (1) in subsection (a)(1)(Y), by inserting ``subject to
            subsection (dd),'' before ``with respect to''; and
                (2) by adding at the end the following new subsection:
        ``(dd) Special Coinsurance Rule for Certain Colorectal Cancer
    Screening Tests.--
                ``(1) In general.--In the case of a colorectal cancer
            screening test to which paragraph (1)(Y) of subsection (a)
            would not apply but for the third sentence of such subsection
            that is furnished during a year beginning on or after January
            1, 2022, and before January 1, 2030, the amount paid shall be
            equal to the specified percent (as defined in paragraph (2))
            for such year of the lesser of the actual charge for the
            service or the amount determined under the fee schedule that
            applies to such test under this part (or, in the case such test
            is a covered OPD service (as defined in subsection (t)(1)(B)),
            the amount determined under subsection (t)).
                ``(2) Specified percent defined.--For purposes of paragraph
            (1), the term `specified percent' means--
                        ``(A) for 2022, 80 percent;
                        ``(B) for 2023 through 2026, 85 percent; and
                        ``(C) for 2027 through 2029, 90 percent.''.
        (c) Conforming Amendments.--Paragraphs (2) and (3) of section
    1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) are each
    amended--
                (1) in subparagraph (C)(ii), in the matter preceding
            subclause (I), by striking ``Notwithstanding'' and inserting
            ``Subject to section 1833(a)(1)(Y), but notwithstanding''; and
                (2) in subparagraph (D), by striking ``If during'' and
            inserting ``Subject to section 1833(a)(1)(Y), if during''.

    SEC. 123. EXPANDING ACCESS TO MENTAL HEALTH SERVICES FURNISHED THROUGH
                  TELEHEALTH.

        (a) Treatment of Mental Health Services Furnished Through
    Telehealth.--Paragraph (7) of section 1834(m) of the Social Security
    Act (42 U.S.C. 1395m(m)) is amended--
                (1) by striking ``disorder services furnished through
            telehealth.--The geographic'' and inserting ``disorder services
            and mental health services furnished through telehealth.--
                        ``(A) In general.--The geographic'';
                (2) in subparagraph (A), as added by paragraph (1), by
            inserting ``or, on or after the first day after the end of the
            emergency period described in section 1135(g)(1)(B), subject to
            subparagraph (B), to an eligible telehealth individual for
            purposes of diagnosis, evaluation, or treatment of a mental
            health disorder, as determined by the Secretary,'' after ``as
            determined by the Secretary,''; and
                (3) by adding at the end the following new subparagraph:
                        ``(B) Requirements for mental health services
                    furnished through telehealth.--
                                ``(i) In general.--Payment may not be made
                            under this paragraph for telehealth services
                            furnished by a physician or practitioner to an
                            eligible telehealth individual for purposes of
                            diagnosis, evaluation, or treatment of a mental
                            health disorder unless such physician or
                            practitioner furnishes an item or service in
                            person, without the use of telehealth, for
                            which payment is made under this title (or
                            would have been made under this title if such
                            individual were entitled to, or enrolled for,
                            benefits under this title at the time such item
                            or service is furnished)--
                                        ``(I) within the 6-month period
                                    prior to the first time such physician
                                    or practitioner furnishes such a
                                    telehealth service to the eligible
                                    telehealth individual; and
                                        ``(II) during subsequent periods in
                                    which such physician or practitioner
                                    furnishes such telehealth services to
                                    the eligible telehealth individual, at
                                    such times as the Secretary determines
                                    appropriate.
                                ``(ii) Clarification.--This subparagraph
                            shall not apply if payment would otherwise be
                            allowed--
                                        ``(I) under this paragraph (with
                                    respect to telehealth services
                                    furnished to an eligible telehealth
                                    individual with a substance use
                                    disorder diagnosis for purposes of
                                    treatment of such disorder or co-
                                    occurring mental health disorder); or
                                        ``(II) under this subsection
                                    without application of this
                                    paragraph.''.
        (b) Implementation.--Notwithstanding any other provision of law,
    the Secretary may implement the provisions of, or amendments made by,
    this section by interim final rule, program instruction, or otherwise.

    SEC. 124. PUBLIC-PRIVATE PARTNERSHIP FOR HEALTH CARE WASTE, FRAUD, AND
                  ABUSE DETECTION.

        (a) In General.--Section 1128C(a) of the Social Security Act (42
    U.S.C. 1320a-7c(a)) is amended by adding at the end the following new
    paragraph:
                ``(6) Public-private partnership for waste, fraud, and
            abuse detection.--
                        ``(A) In general.--Under the program described in
                    paragraph (1), there is established a public-private
                    partnership (in this paragraph referred to as the
                    `partnership') of health plans, Federal and State
                    agencies, law enforcement agencies, health care anti-
                    fraud organizations, and any other entity determined
                    appropriate by the Secretary (in this paragraph
                    referred to as `partners') for purposes of detecting
                    and preventing health care waste, fraud, and abuse.
                        ``(B) Contract with trusted third party.--In
                    carrying out the partnership, the Secretary shall enter
                    into a contract with a trusted third party for purposes
                    of carrying out the duties of the partnership described
                    in subparagraph (C).
                        ``(C) Duties of partnership.--The partnership
                    shall--
                                ``(i) provide technical and operational
                            support to facilitate data sharing between
                            partners in the partnership;
                                ``(ii) analyze data so shared to identify
                            fraudulent and aberrant billing patterns;
                                ``(iii) conduct aggregate analyses of
                            health care data so shared across Federal,
                            State, and private health plans for purposes of
                            detecting fraud, waste, and abuse schemes;
                                ``(iv) identify outlier trends and
                            potential vulnerabilities of partners in the
                            partnership with respect to such schemes;
                                ``(v) refer specific cases of potential
                            unlawful conduct to appropriate governmental
                            entities;
                                ``(vi) convene, not less than annually,
                            meetings with partners in the partnership for
                            purposes of providing updates on the
                            partnership's work and facilitating information
                            sharing between the partners;
                                ``(vii) enter into data sharing and data
                            use agreements with partners in the partnership
                            in such a manner so as to ensure the
                            partnership has access to data necessary to
                            identify waste, fraud, and abuse while
                            maintaining the confidentiality and integrity
                            of such data;
                                ``(viii) provide partners in the
                            partnership with plan-specific, confidential
                            feedback on any aberrant billing patterns or
                            potential fraud identified by the partnership
                            with respect to such partner;
                                ``(ix) establish a process by which
                            entities described in subparagraph (A) may
                            enter the partnership and requirements such
                            entities must meet to enter the partnership;
                                ``(x) provide appropriate training,
                            outreach, and education to partners based on
                            the results of data analyses described in
                            clauses (ii) and (iii); and
                                ``(xi) perform such other duties as the
                            Secretary determines appropriate.
                        ``(D) Substance use disorder treatment analysis.--
                    Not later than 2 years after the date of the enactment
                    of the Consolidated Appropriations Act, 2021, the
                    trusted third party with a contract in effect under
                    subparagraph (B) shall perform an analysis of aberrant
                    or fraudulent billing patterns and trends with respect
                    to providers and suppliers of substance use disorder
                    treatments from data shared with the partnership.
                        ``(E) Executive board.--
                                ``(i) Executive board composition.--
                                        ``(I) In general.--There shall be
                                    an executive board of the partnership
                                    comprised of representatives of the
                                    Federal Government and representatives
                                    of the private sector selected by the
                                    Secretary.
                                        ``(II) Chairs.--The executive board
                                    shall be co-chaired by one Federal
                                    Government official and one
                                    representative from the private sector.
                                ``(ii) Meetings.--The executive board of
                            the partnership shall meet at least once per
                            year.
                                ``(iii) Executive board duties.--The duties
                            of the executive board shall include the
                            following:
                                        ``(I) Providing strategic direction
                                    for the partnership, including
                                    membership criteria and a mission
                                    statement.
                                        ``(II) Communicating with the
                                    leadership of the Department of Health
                                    and Human Services and the Department
                                    of Justice and the various private
                                    health sector associations.
                        ``(F) Reports.--Not later than January 1, 2023, and
                    every 2 years thereafter, the Secretary shall submit to
                    Congress and make available on the public website of
                    the Centers for Medicare & Medicaid Services a report
                    containing--
                                ``(i) a review of activities conducted by
                            the partnership over the 2-year period ending
                            on the date of the submission of such report,
                            including any progress to any objectives
                            established by the partnership;
                                ``(ii) any savings voluntarily reported by
                            health plans participating in the partnership
                            attributable to the partnership during such
                            period;
                                ``(iii) any savings to the Federal
                            Government attributable to the partnership
                            during such period;
                                ``(iv) any other outcomes attributable to
                            the partnership, as determined by the
                            Secretary, during such period; and
                                ``(v) a strategic plan for the 2-year
                            period beginning on the day after the date of
                            the submission of such report, including a
                            description of any emerging fraud and abuse
                            schemes, trends, or practices that the
                            partnership intends to study during such
                            period.
                        ``(G) Funding.--The partnership shall be funded by
                    amounts otherwise made available to the Secretary for
                    carrying out the program described in paragraph (1).
                        ``(H) Transitional provisions.--To the extent
                    consistent with this subsection, all functions,
                    personnel, assets, liabilities, and administrative
                    actions applicable on the date before the date of the
                    enactment of this paragraph to the National Fraud
                    Prevention Partnership established on September 17,
                    2012, by charter of the Secretary shall be transferred
                    to the partnership established under subparagraph (A)
                    as of the date of the enactment of this paragraph.
                        ``(I) Nonapplicability of faca.--The provisions of
                    the Federal Advisory Committee Act shall not apply to
                    the partnership established by subparagraph (A).
                        ``(J) Implementation.--Notwithstanding any other
                    provision of law, the Secretary may implement the
                    partnership established by subparagraph (A) by program
                    instruction or otherwise.
                        ``(K) Definition.--For purposes of this paragraph,
                    the term `trusted third party' means an entity that--
                                ``(i) demonstrates the capability to carry
                            out the duties of the partnership described in
                            subparagraph (C);
                                ``(ii) complies with such conflict of
                            interest standards determined appropriate by
                            the Secretary; and
                                ``(iii) meets such other requirements as
                            the Secretary may prescribe.''.
        (b) Potential Expansion of Public-Private Partnership Analyses.--
    Not later than 2 years after the date of the enactment of this Act, the
    Secretary of Health and Human Services shall conduct a study and submit
    to Congress a report on the feasibility of the partnership (as
    described in section 1128C(a)(6) of the Social Security Act, as added
    by subsection (a)) establishing a system to conduct real-time data
    analysis to proactively identify ongoing as well as emergent fraud
    trends for the entities participating in the partnership and provide
    such entities with real-time feedback on potentially fraudulent claims.
    Such report shall include the estimated cost of and any potential
    barriers to the partnership establishing such a system.

    SEC. 125. MEDICARE PAYMENT FOR RURAL EMERGENCY HOSPITAL SERVICES.

        (a) In General.--
                (1) Definitions.--Section 1861 of the Social Security Act
            (42 U.S.C. 1395x) is amended--
                        (A) in subsection (e), in the last sentence of the
                    matter following paragraph (9), by inserting ``or a
                    rural emergency hospital (as defined in subsection
                    (kkk)(2))'' before the period at the end; and
                        (B) by adding at the end the following subsection:

         ``Rural Emergency Hospital Services; Rural Emergency Hospital

        ``(kkk)(1) Rural Emergency Hospital Services.--
                ``(A) In general.--The term `rural emergency hospital
            services ' means the following services furnished by a rural
            emergency hospital (as defined in paragraph (2)) that do not
            exceed an annual per patient average of 24 hours in such rural
            emergency hospital:
                        ``(i) Emergency department services and observation
                    care.
                        ``(ii) At the election of the rural emergency
                    hospital, with respect to services furnished on an
                    outpatient basis, other medical and health services as
                    specified by the Secretary through rulemaking.
                ``(B) Staffed emergency department.--For purposes of
            subparagraph (A)(i), an emergency department of a rural
            emergency hospital shall be considered a staffed emergency
            department if it meets the following requirements:
                        ``(i) The emergency department is staffed 24 hours
                    a day, 7 days a week.
                        ``(ii) A physician (as defined in section
                    1861(r)(1)), nurse practitioner, clinical nurse
                    specialist, or physician assistant (as those terms are
                    defined in section 1861(aa)(5)) is available to furnish
                    rural emergency hospital services in the facility 24
                    hours a day.
                        ``(iii) Applicable staffing and staffing
                    responsibilities under section 485.631 of title 42,
                    Code of Federal Regulations (or any successor
                    regulation).
        ``(2) Rural Emergency Hospital.--The term `rural emergency
    hospital' means a facility described in paragraph (3) that--
                ``(A) is enrolled under section 1866(j), submits the
            additional information described in paragraph (4)(A) for
            purposes of such enrollment, and makes the detailed transition
            plan described in clause (i) of such paragraph available to the
            public, in a form and manner determined appropriate by the
            Secretary;
                ``(B) does not provide any acute care inpatient services,
            other than those described in paragraph (6)(A);
                ``(C) has in effect a transfer agreement with a level I or
            level II trauma center;
                ``(D) meets--
                        ``(i) licensure requirements as described in
                    paragraph (5);
                        ``(ii) the requirements of a staffed emergency
                    department as described in paragraph (1)(B);
                        ``(iii) such staff training and certification
                    requirements as the Secretary may require;
                        ``(iv) conditions of participation applicable to--
                                ``(I) critical access hospitals, with
                            respect to emergency services under section
                            485.618 of title 42, Code of Federal
                            Regulations (or any successor regulation); and
                                ``(II) hospital emergency departments under
                            this title, as determined applicable by the
                            Secretary;
                        ``(v) such other requirements as the Secretary
                    finds necessary in the interest of the health and
                    safety of individuals who are furnished rural emergency
                    hospital services; and
                        ``(vi) in the case where the rural emergency
                    hospital includes a distinct part unit of the facility
                    that is licensed as a skilled nursing facility, such
                    distinct part meets the requirements applicable to
                    skilled nursing facilities under this title.
        ``(3) Facility Described.--A facility described in this paragraph
    is a facility that as of the date of the enactment of this subsection--
                ``(A) was a critical access hospital; or
                ``(B) was a subsection (d) hospital (as defined in section
            1886(d)(1)(B)) with not more than 50 beds located in a county
            (or equivalent unit of local government) in a rural area (as
            defined in section 1886(d)(2)(D)), or was a subsection (d)
            hospital (as so defined) with not more than 50 beds that was
            treated as being located in a rural area pursuant to section
            1886(d)(8)(E).
        ``(4) Additional Information.--
                ``(A) Information.--For purposes of paragraph (2)(A), a
            facility that submits an application for enrollment under
            section 1866(j) as a rural emergency hospital shall submit the
            following information at such time and in such form as the
            Secretary may require:
                        ``(i) An action plan for initiating rural emergency
                    hospital services (as defined in paragraph (1)),
                    including a detailed transition plan that lists the
                    specific services that the facility will--
                                ``(I) retain;
                                ``(II) modify
                                ``(III) add; and
                                ``(IV) discontinue.
                        ``(ii) A description of services that the facility
                    intends to furnish on an outpatient basis pursuant to
                    paragraph (1)(A)(ii).
                        ``(iii) Information regarding how the facility
                    intends to use the additional facility payment provided
                    under section 1834(x)(2), including a description of
                    the services covered under this title that the
                    additional facility payment would be supporting, such
                    as furnishing telehealth services and ambulance
                    services, including operating the facility and
                    maintaining the emergency department to provide such
                    services covered under this title.
                        ``(iv) Such other information as the Secretary
                    determines appropriate.
                ``(B) Effect of enrollment.--Such enrollment shall remain
            effective with respect to a facility until such time as--
                        ``(i) the facility elects to convert back to its
                    prior designation as a critical access hospital or a
                    subsection (d) hospital (as defined in section
                    1886(d)(1)(B)), subject to requirements applicable
                    under this title for such designation and in accordance
                    with procedures established by the Secretary; or
                        ``(ii) the Secretary determines the facility does
                    not meet the requirements applicable to a rural
                    emergency hospital under this subsection.
        ``(5) Licensure.--A facility may not operate as a rural emergency
    hospital in a State unless the facility--
                ``(A) is located in a State that provides for the licensing
            of such hospitals under State or applicable local law; and
                ``(B)(i) is licensed pursuant to such law; or
                ``(ii) is approved by the agency of such State or locality
            responsible for licensing hospitals, as meeting the standards
            established for such licensing.
        ``(6) Discretionary Authority.--A rural emergency hospital may--
                ``(A) include a unit of the facility that is a distinct
            part licensed as a skilled nursing facility to furnish post-
            hospital extended care services; and
                ``(B) be considered a hospital with less than 50 beds for
            purposes of the exception to the payment limit for rural health
            clinics under section 1833(f).
        ``(7) Quality Measurement.--
                ``(A) In general.--The Secretary shall establish quality
            measurement reporting requirements for rural emergency
            hospitals, which may include the use of a small number of
            claims-based outcomes measures or surveys of patients with
            respect to their experience in the rural emergency hospital, in
            accordance with the succeeding provisions of this paragraph.
                ``(B) Quality reporting by rural emergency hospitals.--
                        ``(i) In general.--With respect to each year
                    beginning with 2023, (or each year beginning on or
                    after the date that is one year after one or more
                    measures are first specified under subparagraph (C)), a
                    rural emergency hospital shall submit data to the
                    Secretary in accordance with clause (ii).
                        ``(ii) Submission of quality data.--With respect to
                    each such year, a rural emergency hospital shall submit
                    to the Secretary data on quality measures specified
                    under subparagraph (C). Such data shall be submitted in
                    a form and manner, and at a time, specified by the
                    Secretary for purposes of this subparagraph.
                ``(C) Quality measures.--
                        ``(i) In general.--Subject to clause (ii), any
                    measure specified by the Secretary under this
                    subparagraph must have been endorsed by the entity with
                    a contract under section 1890(a).
                        ``(ii) Exception.--In the case of a specified area
                    or medical topic determined appropriate by the
                    Secretary for which a feasible and practical measure
                    has not been endorsed by the entity with a contract
                    under section 1890(a), the Secretary may specify a
                    measure that is not so endorsed as long as due
                    consideration is given to measures that have been
                    endorsed or adopted by a consensus organization
                    identified by the Secretary.
                        ``(iii) Consideration of low case volume when
                    specifying performance measures.--The Secretary shall,
                    in the selection of measures specified under this
                    subparagraph, take into consideration ways to account
                    for rural emergency hospitals that lack sufficient case
                    volume to ensure that the performance rates for such
                    measures are reliable.
                ``(D) Public availability of data submitted.--The Secretary
            shall establish procedures for making data submitted under
            subparagraph (B) available to the public regarding the
            performance of individual rural emergency hospitals. Such
            procedures shall ensure that a rural emergency hospital has the
            opportunity to review, and submit corrections for, the data
            that is to be made public with respect to the rural emergency
            hospital prior to such data being made public. Such information
            shall be posted on the Internet website of the Centers for
            Medicare & Medicaid Services in an easily understandable format
            as determined appropriate by the Secretary.
        ``(8) Clarification Regarding Application of Provisions Relating to
    Off-campus Outpatient Department of a Provider.--Nothing in this
    subsection, section 1833(a)(10), or section 1834(x) shall affect the
    application of paragraph (1)(B)(v) of section 1833(t), relating to
    applicable items and services (as defined in subparagraph (A) of
    paragraph (21) of such section) that are furnished by an off-campus
    outpatient department of a provider (as defined in subparagraph (B) of
    such paragraph).
        ``(9) Implementation.--There shall be no administrative or judicial
    review under section 1869, 1878, or otherwise of the following:
                ``(A) The determination of whether a rural emergency
            hospital meets the requirements of this subsection.
                ``(B) The establishment of requirements under this
            subsection by the Secretary, including requirements described
            in paragraphs (2)(D), (4), and (7).
                ``(C) The determination of payment amounts under section
            1834(x), including the additional facility payment described in
            paragraph (2) of such section.''.
                (2) Payment for rural emergency hospital services.--
                        (A) In general.--Section 1833(a) of the Social
                    Security Act (42 U.S.C. 1395l(a)) is amended--
                                (i) in paragraph (8), by striking ``and''
                            at the end;
                                (ii) in paragraph (9), by striking the
                            period at the end and inserting ``; and''; and
                                (iii) by inserting after paragraph (9) the
                            following new paragraph:
                ``(10) with respect to rural emergency hospital services
            furnished on or after January 1, 2023, the amounts determined
            under section 1834(x).''.
                        (B) Payment amount.--Section 1834 of the Social
                    Security Act (42 U.S.C. 1395m) is amended by adding at
                    the end the following subsection:
        ``(x) Payment Rules Relating to Rural Emergency Hospitals.--
                ``(1) Payment for rural emergency hospital services.--In
            the case of rural emergency hospital services (as defined in
            section 1861(kkk)(1)), furnished by a rural emergency hospital
            (as defined in section 1861(kkk)(2)) on or after January 1,
            2023, the amount of payment for such services shall be equal to
            the amount of payment that would otherwise apply under section
            1833(t) for covered OPD services (as defined in section
            1833(t)(1)(B) (other than clause (ii) of such section)),
            increased by 5 percent to reflect the higher costs incurred by
            such hospitals, and shall include the application of any
            copayment amount determined under section 1833(t)(8) as if such
            increase had not occurred.
                ``(2) Additional facility payment.--
                        ``(A) In general.--The Secretary shall make monthly
                    payments to a rural emergency hospital in an amount
                    that is equal to \1/12\ of the annual additional
                    facility payment specified in subparagraph (B).
                        ``(B) Annual additional facility payment amount.--
                    The annual additional facility payment amount specified
                    in this subparagraph is--
                                ``(i) for 2023, a Medicare subsidy amount
                            determined under subparagraph (C); and
                                ``(ii) for 2024 and each subsequent year,
                            the amount determined under this subparagraph
                            for the preceding year, increased by the
                            hospital market basket percentage increase.
                        ``(C) Determination of medicare subsidy amount.--
                    For purposes of subparagraph (B)(i), the Medicare
                    subsidy amount determined under this subparagraph is an
                    amount equal to--
                                ``(i) the excess (if any) of--
                                        ``(I) the total amount that the
                                    Secretary determines was paid under
                                    this title to all critical access
                                    hospitals in 2019; over
                                        ``(II) the estimated total amount
                                    that the Secretary determines would
                                    have been paid under this title to such
                                    hospitals in 2019 if payment were made
                                    for inpatient hospital, outpatient
                                    hospital, and skilled nursing facility
                                    services under the applicable
                                    prospective payment systems for such
                                    services during such year; divided by
                                ``(ii) the total number of such hospitals
                            in 2019.
                        ``(D) Reporting on use of the additional facility
                    payment.--A rural emergency hospital receiving the
                    additional facility payment under this paragraph shall
                    maintain detailed information as specified by the
                    Secretary as to how the facility has used the
                    additional facility payments. Such information shall be
                    made available to the Secretary upon request.
                ``(3) Payment for ambulance services.--For provisions
            relating to payment for ambulance services furnished by an
            entity owned and operated by a rural emergency hospital, see
            section 1834(l).
                ``(4) Payment for post-hospital extended care services.--
            For provisions relating to payment for post-hospital extended
            care services furnished by a rural emergency hospital that has
            a unit that is a distinct part licensed as a skilled nursing
            facility, see section 1888(e).
                ``(5) Source of payments.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), payments under this subsection shall
                    be made from the Federal Supplementary Medical
                    Insurance Trust Fund under section 1841.
                        ``(B) Additional facility payment and post-hospital
                    extended care services.--Payments under paragraph (2)
                    shall be made from the Federal Hospital Insurance Trust
                    Fund under section 1817.''.
        (b) Provider Agreements.--
                (1) Agreement with qio.--Section 1866(a) of the Social
            Security Act (42 U.S.C. 1395cc(a)) is amended--
                        (A) in paragraph (1)(F)(ii), by inserting ``rural
                    emergency hospitals,'' after ``critical access
                    hospitals,''; and
                        (B) in paragraph (3)--
                                (i) in subparagraph (A), by inserting
                            ``rural emergency hospital,'' after ``critical
                            access hospital,'';
                                (ii) in subparagraph (B), by inserting
                            ``rural emergency hospital,'' after ``critical
                            access hospital,'' each place it appears; and
                                (iii) in subparagraph (C)(ii)(II), by
                            inserting ``rural emergency hospitals,'' after
                            ``critical access hospitals,'' each place it
                            appears.
                (2) Emergency medical treatment and labor act.--
                        (A) Section 1866(a)(1) of the Social Security Act
                    (42 U.S.C. 1395cc(a)(1)) is amended--
                                (i) in subparagraph (I)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``or critical access
                                    hospital'' and inserting ``, critical
                                    access hospital, or rural emergency
                                    hospital''; and
                                        (II) in clause (ii), by inserting
                                    ``, critical access hospital, or rural
                                    emergency hospital'' after
                                    ``hospital''; and
                                (ii) in subparagraph (N)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``and critical access
                                    hospitals'' and inserting ``, critical
                                    access hospitals, and rural emergency
                                    hospitals'';
                                        (II) in clause (i), by striking
                                    ``or critical access hospital'' and
                                    inserting ``, critical access hospital,
                                    or rural emergency hospital''; and
                                        (III) in clause (iv), by inserting
                                    ``, critical access hospital, or rural
                                    emergency hospital'' after
                                    ``hospital''.
                        (B) Section 1867(e)(5) of such Act (42 U.S.C.
                    1395dd(e)(5)) is amended by inserting ``and a rural
                    emergency hospital (as defined in section
                    1861(kkk)(2))'' before the period.
        (c) Treatment as Telehealth Originating Site.--Section
    1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C.
    1395m(m)(4)(C)(ii)) is amended by adding at the end the following new
    subclause:
                                        ``(XI) A rural emergency hospital
                                    (as defined in section
                                    1861(kkk)(2)).''.
        (d) Conforming Amendments.--
                (1) Section 1861(u) of the Social Security Act (42 U.S.C.
            1395x(u)) is amended by inserting ``rural emergency hospital,''
            after ``critical access hospital,''.
                (2) Section 1864 of the Social Security Act (42 U.S.C.
            1395aa) is amended by inserting before the period at the end of
            the first sentence ``, or whether a facility is a rural
            emergency hospital as defined in section 1861(kkk)(2).
        (e) Studies and Reports.--
                (1) Studies.--The Secretary of Health and Human Services
            shall conduct 3 studies to evaluate the impact of rural
            emergency hospitals on the availability of health care and
            health outcomes in rural areas (as defined in section
            1886(d)(2)(D) of the Social Security Act (42 U.S.C.
            1395ww(d)(2)(D))). The Secretary shall conduct a study--
                        (A) 4 years after the date of the enactment of this
                    Act;
                        (B) 7 years after the date of the enactment of this
                    Act; and
                        (C) 10 years after the date of the enactment of
                    this Act.
                (2) Reports.--Not later than 6 months after each date that
            the Secretary of Health and Human Services is required to
            conduct a study under paragraph (1), the Secretary shall submit
            to Congress a report containing the results of each such study.
                (3) Funding.--For purposes of carrying out this subsection,
            the Secretary of Health and Human Services shall provide for
            the transfer, from the Federal Hospital Insurance Trust Fund
            under section 1817 of the Social Security Act (42 U.S.C. 1395i)
            and the Federal Supplementary Medical Insurance Trust Fund
            under section 1841 of such Act (42 U.S.C. 1395t), in such
            proportion as the Secretary determines appropriate, to the
            Centers for Medicare & Medicaid Services Program Management
            Account, of $9,000,000. Amounts transferred under the preceding
            sentence shall remain available until expended.
        (f) MedPAC Review of Payments to Rural Emergency Hospitals.--Each
    report submitted by the Medicare Payment Advisory Commission under
    section 1805(b)(1)(C) of the Social Security Act (42 U.S.C. 1395b-
    6(b)(1)(C)) (beginning with 2024), shall include a review of payments
    to rural emergency hospitals under section 1834(x), as added by
    subsection (a).
        (g) Effective Date.--The amendments made by this section shall
    apply to items and services furnished on or after January 1, 2023.

    SEC. 126. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.

        (a) In General.--Section 1886(h) of the Social Security Act (42
    U.S.C. 1395ww(h)) is amended--
                (1) in paragraph (4)(F)(i), by striking ``paragraphs (7)
            and (8)'' and inserting ``paragraphs (7), (8), and (9)'';
                (2) in paragraph (4)(H)(i), by striking ``paragraphs (7)
            and (8)'' and inserting ``paragraphs (7), (8), and (9)'';
                (3) in paragraph (7)(E), by inserting ``paragraph (9),''
            after ``paragraph (8),''; and
                (4) by adding at the end the following new paragraph:
                ``(9) Distribution of additional residency positions.--
                        ``(A) Additional residency positions.--
                                ``(i) In general.--For fiscal year 2023,
                            and for each succeeding fiscal year until the
                            aggregate number of full-time equivalent
                            residency positions distributed under this
                            paragraph is equal to the aggregate number of
                            such positions made available (as specified in
                            clause (ii)(I)), the Secretary shall, subject
                            to the succeeding provisions of this paragraph,
                            increase the otherwise applicable resident
                            limit for each qualifying hospital (as defined
                            in subparagraph (F)) that submits a timely
                            application under this subparagraph by such
                            number as the Secretary may approve effective
                            beginning July 1 of the fiscal year of the
                            increase.
                                ``(ii) Number available for distribution.--
                                        ``(I) Total number available.--The
                                    aggregate number of such positions made
                                    available under this paragraph shall be
                                    equal to 1,000.
                                        ``(II) Annual limit.--The aggregate
                                    number of such positions so made
                                    available shall not exceed 200 for a
                                    fiscal year.
                                ``(iii) Process for distributing
                            positions.--
                                        ``(I) Rounds of applications.--The
                                    Secretary shall initiate a separate
                                    round of applications for an increase
                                    under clause (i) for each fiscal year
                                    for which such an increase is to be
                                    provided.
                                        ``(II) Timing.--The Secretary shall
                                    notify hospitals of the number of
                                    positions distributed to the hospital
                                    under this paragraph as a result of an
                                    increase in the otherwise applicable
                                    resident limit by January 31 of the
                                    fiscal year of the increase. Such
                                    increase shall be effective beginning
                                    July 1 of such fiscal year.
                        ``(B) Distribution.--For purposes of providing an
                    increase in the otherwise applicable resident limit
                    under subparagraph (A), the following shall apply:
                                ``(i) Considerations in distribution.--In
                            determining for which qualifying hospitals such
                            an increase is provided under subparagraph (A),
                            the Secretary shall take into account the
                            demonstrated likelihood of the hospital filling
                            the positions made available under this
                            paragraph within the first 5 training years
                            beginning after the date the increase would be
                            effective, as determined by the Secretary.
                                ``(ii) Minimum distribution for certain
                            categories of hospitals.--With respect to the
                            aggregate number of such positions available
                            for distribution under this paragraph, the
                            Secretary shall distribute not less than 10
                            percent of such aggregate number to each of the
                            following categories of hospitals:
                                        ``(I) Hospitals that are located in
                                    a rural area (as defined in section
                                    1886(d)(2)(D)) or are treated as being
                                    located in a rural area pursuant to
                                    section 1886(d)(8)(E).
                                        ``(II) Hospitals in which the
                                    reference resident level of the
                                    hospital (as specified in subparagraph
                                    (F)(iii)) is greater than the otherwise
                                    applicable resident limit.
                                        ``(III) Hospitals in States with--
                                                ``(aa) new medical schools
                                            that received `Candidate
                                            School' status from the Liaison
                                            Committee on Medical Education
                                            or that received `Pre-
                                            Accreditation' status from the
                                            American Osteopathic
                                            Association Commission on
                                            Osteopathic College
                                            Accreditation on or after
                                            January 1, 2000, and that have
                                            achieved or continue to
                                            progress toward `Full
                                            Accreditation' status (as such
                                            term is defined by the Liaison
                                            Committee on Medical Education)
                                            or toward `Accreditation'
                                            status (as such term is defined
                                            by the American Osteopathic
                                            Association Commission on
                                            Osteopathic College
                                            Accreditation); or
                                                ``(bb) additional locations
                                            and branch campuses established
                                            on or after January 1, 2000, by
                                            medical schools with `Full
                                            Accreditation' status (as such
                                            term is defined by the Liaison
                                            Committee on Medical Education)
                                            or `Accreditation' status (as
                                            such term is defined by the
                                            American Osteopathic
                                            Association Commission on
                                            Osteopathic College
                                            Accreditation).
                                        ``(IV) Hospitals that serve areas
                                    designated as health professional
                                    shortage areas under section
                                    332(a)(1)(A) of the Public Health
                                    Service Act, as determined by the
                                    Secretary.
                        ``(C) Limitations.--
                                ``(i) In general.--A hospital may not
                            receive more than 25 additional full-time
                            equivalent residency positions under this
                            paragraph.
                                ``(ii) Prohibition on distribution to
                            hospitals without an increase agreement.--No
                            increase in the otherwise applicable resident
                            limit of a hospital may be made under this
                            paragraph unless such hospital agrees to
                            increase the total number of full-time
                            equivalent residency positions under the
                            approved medical residency training program of
                            such hospital by the number of such positions
                            made available by such increase under this
                            paragraph.
                        ``(D) Application of per resident amounts for
                    primary care and nonprimary care.--With respect to
                    additional residency positions in a hospital
                    attributable to the increase provided under this
                    paragraph, the approved FTE per resident amounts are
                    deemed to be equal to the hospital per resident amounts
                    for primary care and nonprimary care computed under
                    paragraph (2)(D) for that hospital.
                        ``(E) Permitting facilities to apply aggregation
                    rules.--The Secretary shall permit hospitals receiving
                    additional residency positions attributable to the
                    increase provided under this paragraph to, beginning in
                    the fifth year after the effective date of such
                    increase, apply such positions to the limitation amount
                    under paragraph (4)(F) that may be aggregated pursuant
                    to paragraph (4)(H) among members of the same
                    affiliated group.
                        ``(F) Definitions.--In this paragraph:
                                ``(i) Otherwise applicable resident
                            limit.--The term `otherwise applicable resident
                            limit' means, with respect to a hospital, the
                            limit otherwise applicable under subparagraphs
                            (F)(i) and (H) of paragraph (4) on the resident
                            level for the hospital determined without
                            regard to this paragraph but taking into
                            account paragraphs (7)(A), (7)(B), (8)(A), and
                            (8)(B).
                                ``(ii) Qualifying hospital.--The term
                            `qualifying hospital' means a hospital
                            described in any of subclauses (I) through (IV)
                            of subparagraph (B)(ii).
                                ``(iii) Reference resident level.--The term
                            `reference resident level' means, with respect
                            to a hospital, the resident level for the most
                            recent cost reporting period of the hospital
                            ending on or before the date of enactment of
                            this paragraph, for which a cost report has
                            been settled (or, if not, submitted (subject to
                            audit)), as determined by the Secretary.
                                ``(iv) Resident level.--The term `resident
                            level' has the meaning given such term in
                            paragraph (7)(C)(i).''.
        (b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42
    U.S.C. 1395ww(d)(5)(B)) is amended--
                (1) in clause (v), in the third sentence, by striking ``and
            (h)(8)'' and inserting ``(h)(8), and (h)(9)'';
                (2) by redesignating clause (x), as added by section
            5505(b) of the Patient Protection and Affordable Care Act
            (Public Law 111-148), as clause (xi) and moving such clause 4
            ems to the left; and
                (3) by adding after clause (xi), as redesignated by
            subparagraph (A), the following new clause:
                                ``(xii) For discharges occurring on or
                            after July 1, 2023, insofar as an additional
                            payment amount under this subparagraph is
                            attributable to resident positions distributed
                            to a hospital under subsection (h)(9), the
                            indirect teaching adjustment factor shall be
                            computed in the same manner as provided under
                            clause (ii) with respect to such resident
                            positions.''.
        (c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the
    Social Security Act (42 U.S.C. 1395ww-4(h)(7)(E)) is amended by
    inserting ``paragraph (9),'' after ``paragraph (8),''.
        (d) Reports.--
                (1) In general.--Not later than September 30, 2025, and
            again not later than September 30, 2027, the Comptroller
            General of the United States (in this subsection referred to as
            the ``Comptroller General'') shall conduct a study and submit
            to Congress a report on--
                        (A) the distribution of additional full-time
                    equivalent resident positions under paragraph (9) of
                    section 1886(h) of the Social Security Act, as added by
                    subsection (a); and
                        (B) rural track and rotator programs under such
                    section.
                (2) Contents.--Each report described in paragraph (1) shall
            include--
                        (A) a description of the distribution described in
                    paragraph (1)(A) and an analysis of the use of such
                    positions so distributed, including a description of
                    the effects of such distribution on rural track and
                    rotator programs;
                        (B) a specification, with respect to each hospital
                    that has received such a distribution, of whether such
                    hospital has abided by the agreement described in
                    paragraph (9)(C)(ii) of section 1886(h) of the Social
                    Security Act, as added by subsection (a); and
                        (C) to the extent practicable, a description of--
                                (i) the type of program in which each such
                            position so distributed is being used;
                                (ii) the total number of full-time
                            equivalent residency positions available in
                            each such program;
                                (iii) the number of instances in which
                            residents filling such positions so distributed
                            treated individuals entitled to benefits under
                            part A, or enrolled under part B, of title
                            XVIII of the Social Security Act (42 U.S.C.
                            1395 et seq.);
                                (iv) the location where each resident that
                            filled a position so distributed went on to
                            practice.

    SEC. 127. PROMOTING RURAL HOSPITAL GME FUNDING OPPORTUNITY.

        Section 1886(h)(4)(H)(iv) of the Social Security Act (42 U.S.C.
    1395ww(h)(4)(iv)) is amended--
                (1) by striking ``(iv) Nonrural Hospital Operating Training
            Programs in Rural Areas.--In the case of'' and inserting the
            following:
                                ``(iv) Training programs in rural areas.--
                                        ``(I) Cost reporting periods
                                    beginning before october 1, 2022.--For
                                    cost reporting periods beginning before
                                    October 1, 2022, in the case of''; and
                (2) by adding at the end the following new subclause:
                                        ``(II) Cost reporting periods
                                    beginning on or after october 1,
                                    2022.--For cost reporting periods
                                    beginning on or after October 1, 2022,
                                    in the case of a hospital not located
                                    in a rural area that established or
                                    establishes a medical residency
                                    training program (or rural tracks) in a
                                    rural area or establishes an accredited
                                    program where greater than 50 percent
                                    of the program occurs in a rural area,
                                    the Secretary shall consistent with the
                                    principles of subparagraphs (F) and (G)
                                    and subject to paragraphs (7) and (8),
                                    prescribe rules for the application of
                                    such subparagraphs with respect to such
                                    a program and, in accordance with such
                                    rules, adjust in an appropriate manner
                                    the limitation under subparagraph (F)
                                    for such hospital and each such
                                    hospital located in a rural area that
                                    participates in such a training.''.

    SEC. 128. FIVE-YEAR EXTENSION OF THE RURAL COMMUNITY HOSPITAL
                  DEMONSTRATION PROGRAM.

        (a) Extension.--
                (1) In general.--Subsection (a)(5) of section 410A of the
            Medicare Prescription Drug, Improvement, and Modernization Act
            of 2003 (Public Law 108-173; 42 U.S.C. 1395ww note), is amended
            by striking ``10-year extension period'' and inserting ``15-
            year extension period''.
                (2) Conforming amendments for extension.--
                        (A) Extension of demonstration period.--Subsection
                    (g) of such section 410A is amended--
                                (i) in the subsection heading, by striking
                            ``Ten-Year'' and inserting ``Fifteen-Year'';
                                (ii) in paragraph (1)--
                                        (I) by striking ``additional 10-
                                    year'' and inserting ``additional 15-
                                    year''; and
                                        (II) by striking ``10-year
                                    extension period'' and inserting ``15-
                                    year extension period'';
                                (iii) in paragraph (2), by striking ``10-
                            year extension period'' and inserting ``15-year
                            extension period'';
                                (iv) in paragraph (3), by striking ``10-
                            year extension period'' and inserting ``15-year
                            extension period'';
                                (v) in paragraph (4), by striking ``10-year
                            extension period'' each place it appears and
                            inserting ``15-year extension period'';
                                (vi) in paragraph (5), by striking ``10-
                            year extension period'' and inserting ``15-year
                            extension period''; and
                                (vii) in subparagraph (A) of paragraph (6),
                            by striking ``10-year extension period'' and
                            inserting ``15-year extension period''.
                        (B) Rule for hospitals that are not original
                    participants in the demonstration.--Paragraph (5) of
                    subsection (g) of such section 410A is amended--
                                (i) by striking ``program.--During'' and
                            inserting ``program.--
                        ``(A) CURES act extension.--During''; and
                                (ii) by adding at the end the following new
                            subparagraph:
                        ``(B) Additional extension.--During the third 5
                    years of the 15-year extension period, the Secretary
                    shall apply the provisions of paragraph (4) to rural
                    community hospitals that are not described in paragraph
                    (4) but are participating in the demonstration program
                    under this section as of December 30, 2019, in a
                    similar manner as such provisions apply to rural
                    community hospitals described in paragraph (4).''.
        (b) Clarifying Technical Amendments.--Such section 410A, as amended
    by subsection (a), is further amended--
                (1) in subsection (a)(1), by inserting ``of Health and
            Human Services'' after ``Secretary'';
                (2) in subsection (f)(1)(A)(iv) by inserting ``of the
            Social Security Act (42 U.S.C. 1395i-4)'' after ``section
            1820''; and
                (3) in subsection (g)--
                        (A) in the heading of paragraph (4), by striking
                    ``Hospitals in demonstration program on date of
                    enactment'' and inserting ``Hospitals participating in
                    the demonstration program during the initial 5-year
                    period''; and
                        (B) in paragraph (6)(A), by striking ``not later
                    than 120 days after the date of the enactment of this
                    paragraph'' and inserting ``not later than April 12,
                    2017''.

    SEC. 129. EXTENSION OF FRONTIER COMMUNITY HEALTH INTEGRATION PROJECT
                  DEMONSTRATION.

        (a) In General.--Subsection (f) of section 123 of the Medicare
    Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395i-4
    note) is amended--
                (1) in paragraph (1), by striking ``3-year period beginning
            on October 1, 2009'' and inserting ``3-year period beginning on
            August 1, 2016 (referred to in this section as the `initial
            period'), and 5-year period beginning on July 1, 2021 (referred
            to in this section as the `extension period')'';
                (2) in paragraph (2)--
                        (A) by striking ``project.--The demonstration'' and
                    inserting ``project.--
                        ``(A) Initial period.--During the initial period,
                    the demonstration''; and
                        (B) by adding at the end the following new
                    subparagraph:
                        ``(B) Extension period.--During the extension
                    period, the demonstration project under this section
                    shall be considered to have begun in a State on the
                    date during such period on which the eligible counties
                    selected to participate in the demonstration project
                    under subsection (d)(3) begin operations in accordance
                    with the requirements under the demonstration
                    project.''; and
                (3) by adding at the end the following new paragraph:
                ``(3) Re-entry on a rolling basis for extension period.--A
            critical access hospital participating in the demonstration
            project under this section during the extension period shall
            begin such participation in the cost reporting year that begins
            on or after July 1, 2021.''.
        (b) Eligible Entities.--Subsection (d)(1) of such section 123 is
    amended--
                (1) in subparagraph (B), in the matter preceding clause
            (i), by striking ``In this section'' and inserting ``Subject to
            subparagraph (C), in this section''; and
                (2) by adding at the end the following new subparagraph:
                        ``(C) Extension period.--An entity shall only be
                    eligible to participate in the demonstration project
                    under this section during the extension period if the
                    entity participated in the demonstration project under
                    this section during the initial period.''.
        (c) Funding.--Subsection (g)(1) of such section 123 is amended--
                (1) in subparagraph (A)--
                        (A) by striking ``In general'' and inserting
                    ``Initial period''; and
                        (B) by inserting ``with respect to the initial
                    period'' before the period at the end; and
                (2) by adding at the end the following new subparagraph:
                        ``(C) Extension period.--The Secretary shall
                    provide for the transfer of $10,000,000, in appropriate
                    part from the Federal Hospital Insurance Trust Fund
                    established under section 1817 of the Social Security
                    Act (42 U.S.C. 1395i) and the Federal Supplementary
                    Medical Insurance Trust Fund established under section
                    1841 of such Act (42 U.S.C. 1395t), to the Centers for
                    Medicare & Medicaid Services for the purposes of
                    carrying out its duties under the demonstration project
                    under this section with respect to the extension
                    period.''.

    SEC. 130. IMPROVING RURAL HEALTH CLINIC PAYMENTS.

        Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is
    amended--
                (1) in paragraph (2)--
                        (A) by inserting ``(before April 1, 2021)'' after
                    ``in a subsequent year''; and
                        (B) by striking ``this subsection'' and inserting
                    ``this paragraph'';
                (2) by redesignating paragraphs (1) and (2) as
            subparagraphs (A) and (B), respectively;
                (3) in the matter preceding subparagraph (A), as
            redesignated by paragraph (2)--
                        (A) by inserting ``(1)'' after ``(f)''; and
                        (B) by inserting ``prior to April 1, 2021'' after
                    ``services provided''; and
                (4) by adding at the end the following new paragraphs:
        ``(2) In establishing limits under subsection (a) on payment for
    rural health clinic services furnished on or after April 1, 2021, by a
    rural health clinic (other than a rural health clinic described in
    paragraph (3)(B)), the Secretary shall establish such limit, for
    services provided--
                ``(A) in 2021, after March 31, at $100 per visit;
                ``(B) in 2022, at $113 per visit;
                ``(C) in 2023, at $126 per visit;
                ``(D) in 2024, at $139 per visit;
                ``(E) in 2025, at $152 per visit;
                ``(F) in 2026, at $165 per visit;
                ``(G) in 2027, at $178 per visit;
                ``(H) in 2028, at $190 per visit; and
                ``(I) in a subsequent year, at the limit established under
            this paragraph for the previous year increased by the
            percentage increase in the MEI applicable to primary care
            services furnished as of the first day of such subsequent year.
        ``(3)(A) In establishing limits under subsection (a) on payment for
    rural health clinic services furnished on or after April 1, 2021, by a
    rural health clinic described in subparagraph (B), the Secretary shall
    establish such limit, with respect to each such rural health clinic,
    for services provided--
                ``(i) in 2021, after March 31, at an amount equal to the
            greater of--
                        ``(I) the per visit payment amount applicable to
                    such rural health clinic for rural health clinic
                    services furnished in 2020, increased by the percentage
                    increase in the MEI applicable to primary care services
                    furnished as of the first day of 2021; or
                        ``(II) the limit described in paragraph (2)(A); and
                ``(ii) in a subsequent year, at an amount equal to the
            greater of--
                        ``(I) the amount established under clause (i)(I) or
                    this subclause for the previous year with respect to
                    such rural health clinic, increased by the percentage
                    increase in the MEI applicable to primary care services
                    furnished as of the first day of such subsequent year;
                    or
                        ``(II) the limit established under paragraph (2)
                    for such subsequent year.
        ``(B) A rural health clinic described in this subparagraph is a
    rural health clinic that, as of December 31, 2019, was--
                ``(i) in a hospital with less than 50 beds; and
                ``(ii) enrolled under section 1866(j).''.

    SEC. 131. MEDICARE GME TREATMENT OF HOSPITALS ESTABLISHING NEW MEDICAL
                  RESIDENCY TRAINING PROGRAMS AFTER HOSTING MEDICAL
                  RESIDENT ROTATORS FOR SHORT DURATIONS.

        (a) Redetermination of Approved FTE Resident Amount.--Section
    1886(h)(2)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(2)(F)) is
    amended--
                (1) by inserting ``(i)'' before ``In the case of''; and
                (2) by adding at the end the following:
                        ``(ii) In applying this subparagraph in the case of
                    a hospital that trains residents and has not entered
                    into a GME affiliation agreement (as defined by the
                    Secretary for purposes of paragraph (4)(H)(ii)), on or
                    after the date of the enactment of this clause, the
                    Secretary shall not establish an FTE resident amount
                    until such time as the Secretary determines that the
                    hospital has trained at least 1.0 full-time-equivalent
                    resident in an approved medical residency training
                    program in a cost reporting period.
                        ``(iii) In applying this subparagraph for cost
                    reporting periods beginning on or after the date of
                    enactment of this clause, in the case of a hospital
                    that, as of such date of enactment, has an approved FTE
                    resident amount based on the training in an approved
                    medical residency program or programs of--
                                ``(I) less than 1.0 full-time-equivalent
                            resident in any cost reporting period beginning
                            before October 1, 1997, as determined by the
                            Secretary; or
                                ``(II) no more than 3.0 full-time-
                            equivalent residents in any cost reporting
                            period beginning on or after October 1, 1997,
                            and before the date of the enactment of this
                            clause, as determined by the Secretary,
                    in lieu of such FTE resident amount the Secretary
                    shall, in accordance with the methodology described in
                    section 413.77(e) of title 42 of the Code of Federal
                    Regulations (or any successor regulation), establish a
                    new FTE resident amount if the hospital trains at least
                    1.0 full-time-equivalent resident (in the case of a
                    hospital described in subclause (I)) or more than 3.0
                    full-time-equivalent residents (in the case of a
                    hospital described in subclause (II)) in a cost
                    reporting period beginning on or after such date of
                    enactment and before the date that is 5 years after
                    such date of enactment.
                        ``(iv) For purposes of carrying out this
                    subparagraph for cost reporting periods beginning on or
                    after the date of the enactment of this clause, a
                    hospital shall report full-time-equivalent residents on
                    its cost report for a cost reporting period if the
                    hospital trains at least 1.0 full-time-equivalent
                    residents in an approved medical residency training
                    program or programs in such period.
                        ``(v) As appropriate, the Secretary may consider
                    information from any cost reporting period necessary to
                    establish a new FTE resident amount as described in
                    clause (iii).''.
        (b) Redetermination of FTE Resident Limitation.--Section
    1886(h)(4)(H)(i) of the Social Security Act (42 U.S.C.
    1395ww(h)(4)(H)(i)) is amended--
                (1) by inserting ``(I)'' before ``The Secretary''; and
                (2) by adding at the end the following:
                                ``(II) In applying this clause in the case
                            of a hospital that, on or after the date of the
                            enactment of this subclause, begins training
                            residents in a new approved medical residency
                            training program or programs (as defined by the
                            Secretary), the Secretary shall not determine a
                            limitation applicable to the hospital under
                            subparagraph (F) until such time as the
                            Secretary determines that the hospital has
                            trained at least 1.0 full-time-equivalent
                            resident in such new approved medical residency
                            training program or programs in a cost
                            reporting period.
                                ``(III) In applying this clause in the case
                            of a hospital that, as of the date of the
                            enactment of this subclause, has a limitation
                            under subparagraph (F), based on a cost
                            reporting period beginning before October 1,
                            1997, of less than 1.0 full-time-equivalent
                            resident, the Secretary shall adjust the
                            limitation in the manner applicable to a new
                            approved medical residency training program if
                            the Secretary determines the hospital begins
                            training at least 1.0 full-time-equivalent
                            residents in a program year beginning on or
                            after such date of enactment and before the
                            date that is 5 years after such date of
                            enactment.
                                ``(IV) In applying this clause in the case
                            of a hospital that, as of the date of the
                            enactment of this subclause, has a limitation
                            under subparagraph (F), based on a cost
                            reporting period beginning on or after October
                            1, 1997, and before such date of enactment, of
                            no more than 3.0 full-time-equivalent
                            residents, the Secretary shall adjust the
                            limitation in the manner applicable to a new
                            approved medical residency training program if
                            the Secretary determines the hospital begins
                            training more than 3.0 full-time-equivalent
                            residents in a program year beginning on or
                            after such date of enactment and before the
                            date that is 5 years after such date of
                            enactment.
                                ``(V) An adjustment to the limitation
                            applicable to a hospital made pursuant to
                            subclause (III) or (IV) shall be made in a
                            manner consistent with the methodology, as
                            appropriate, in section 413.79(e) of title 42,
                            Code of Federal Regulations (or any successor
                            regulation). As appropriate, the Secretary may
                            consider information from any cost reporting
                            periods necessary to make such an adjustment to
                            the limitation.''.
        (c) Technical and Conforming Amendments.--Section 1886 of the
    Social Security Act (42 U.S.C. 1395ww) is amended--
                (1) in subsection (d)(5)(B)(viii), by striking ``subsection
            (h)(4)(H)'' and inserting ``paragraphs (2)(F)(iv) and (4)(H) of
            subsection (h)''; and
                (2) in subsection (h)--
                        (A) in paragraph (4)(H)(iv), by striking ``an rural
                    area'' and inserting ``a rural area''; and
                        (B) in paragraph (7)(E), by striking ``under this''
                    and all that follows through the period at the end and
                    inserting the following: ``under this paragraph,
                    paragraph (8), clause (i), (ii), (iii), or (v) of
                    paragraph (2)(F), or clause (i) or (vi) of paragraph
                    (4)(H).''.
        (d) Effective Date.--The amendments made by this section shall
    apply to payment under section 1886 of the Social Security Act (42
    U.S.C. 1395ww) for cost reporting periods beginning on or after the
    date of the enactment of this Act.

    SEC. 132. MEDICARE PAYMENT FOR CERTAIN FEDERALLY QUALIFIED HEALTH
                  CENTER AND RURAL HEALTH CLINIC SERVICES FURNISHED TO
                  HOSPICE PATIENTS.

        Section 1834 of the Social Security Act (42 U.S.C. 1395m), as
    amended by section 125(a)(2)(B), is amended--
                (1) in subsection (o), by adding at the end the following
            new paragraph:
                ``(4) Payment for attending physician services furnished by
            federally qualified health centers to hospice patients.--In the
            case of services described in section1812(d)(2)(A)(ii)
            furnished on or after January 1, 2022, by an attending
            physician (as defined in section 1861(dd)(3)(B), other than a
            physician or practitioner who is employed by a hospice program)
            who is employed by or working under contract with a Federally
            qualified health center, a Federally qualified health center
            shall be paid for such services under the prospective payment
            system under this subsection.''; and
                (2) by adding at the end the following new subsection:
        ``(y) Payment for Attending Physician Services Furnished by Rural
    Health Clinics to Hospice Patients.--In the case of services described
    in section 1812(d)(2)(A)(ii) furnished on or after January 1, 2022, by
    an attending physician (as defined in section 1861(dd)(3)(B), other
    than a physician or practitioner who is employed by a hospice program)
    who is employed by or working under contract with a rural health
    clinic, a rural health clinic shall be paid for such services under the
    methodology for all-inclusive rates (established by the Secretary)
    under section 1833(a)(3), subject to the limits described in section
    1833(f).''.

    SEC. 133. DELAY TO THE IMPLEMENTATION OF THE RADIATION ONCOLOGY MODEL
                  UNDER THE MEDICARE PROGRAM.

        Notwithstanding any provision of section 1115A of the Social
    Security Act (42 U.S.C. 1315a), the Secretary of Health and Human
    Services may not implement the radiation oncology model described in
    the rule entitled ``Medicare Program; Specialty Care Models To Improve
    Quality of Care and Reduce Expenditures'' (85 Fed. Reg. 61114 et seq.),
    or any substantially similar model, pursuant to such section before
    January 1, 2022.

    SEC. 134. IMPROVING ACCESS TO SKILLED NURSING FACILITY SERVICES FOR
                  HEMOPHILIA PATIENTS.

        (a) In General.--Section 1888(e)(2)(A)(iii) of the Social Security
    Act (42 U.S.C. 1395yy(e)(2)(A)(iii)) is amended by adding at the end
    the following:
                                        ``(VI) Blood clotting factors
                                    indicated for the treatment of patients
                                    with hemophilia and other bleeding
                                    disorders (identified as of July 1,
                                    2020, by HCPCS codes J7170, J7175,
                                    J7177-J7183, J7185-J7190, J7192-J7195,
                                    J7198-J7203, J7205, J7207-J7211, and as
                                    subsequently modified by the Secretary)
                                    and items and services related to the
                                    furnishing of such factors under
                                    section 1842(o)(5)(C), and any
                                    additional blood clotting factors
                                    identified by the Secretary and items
                                    and services related to the furnishing
                                    of such factors under such section.''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    apply to items and services furnished on or after October 1, 2021.

                TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

    SEC. 201. ELIMINATING DSH REDUCTIONS FOR FISCAL YEARS 2021 THROUGH
                  2023.

        Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f)),
    as amended by section 1106 of the Further Continuing Appropriations
    Act, 2021, and Other Extensions Act, is amended--
                (1) in paragraph (7)(A)--
                        (A) in clause (i), in the matter preceding
                    subclause (I), by striking ``For the period'' and all
                    that follows through ``2025'' and inserting ``For each
                    of fiscal years 2024 through 2027,''; and
                        (B) in clause (ii), by striking ``equal to--'' and
                    all that follows through the period at the end and
                    inserting ``equal to $8,000,000,000 for each of fiscal
                    years 2024 through 2027''; and
                (2) in paragraph (8), by striking ``2025'' and inserting
            ``2027''.

    SEC. 202. SUPPLEMENTAL PAYMENT REPORTING REQUIREMENTS.

        Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
    amended by adding at the end the following new subsection:
        ``(bb) Supplemental Payment Reporting Requirements.--
                ``(1) Collection and availability of supplemental payment
            data.--
                        ``(A) In general.--Not later than October 1, 2021,
                    the Secretary shall establish a system for each State
                    to submit reports, as determined appropriate by the
                    Secretary, on supplemental payments data, as a
                    requirement for a State plan or State plan amendment
                    that would provide for a supplemental payment.
                        ``(B) Requirements.--Each report submitted by a
                    State in accordance with the requirement established
                    under subparagraph (A) shall include the following:
                                ``(i) An explanation of how supplemental
                            payments made under the State plan or a State
                            plan amendment will result in payments that are
                            consistent with section 1902(a)(30)(A),
                            including standards with respect to efficiency,
                            economy, quality of care, and access, along
                            with the stated purpose and intended effects of
                            the supplemental payment.
                                ``(ii) The criteria used to determine which
                            providers are eligible to receive the
                            supplemental payment.
                                ``(iii) A comprehensive description of the
                            methodology used to calculate the amount of,
                            and distribute, the supplemental payment to
                            each eligible provider, including--
                                        ``(I) data on the amount of the
                                    supplemental payment made to each
                                    eligible provider, if known, or, if the
                                    total amount is distributed using a
                                    formula based on data from 1 or more
                                    fiscal years, data on the total amount
                                    of the supplemental payments for the
                                    fiscal year or years available to all
                                    providers eligible to receive a
                                    supplemental payment;
                                        ``(II) if applicable, the specific
                                    criteria with respect to Medicaid
                                    service, utilization, or cost data to
                                    be used as the basis for calculations
                                    regarding the amount or distribution of
                                    the supplemental payment; and
                                        ``(III) the timing of the
                                    supplemental payment made to each
                                    eligible provider.
                                ``(iv) An assurance that the total Medicaid
                            payments made to an inpatient hospital
                            provider, including the supplemental payment,
                            will not exceed upper payment limits.
                                ``(v) If not already submitted, an upper
                            payment limit demonstration under section
                            447.272 of title 42, Code of Federal
                            Regulations (as such section is in effect as of
                            the date of enactment of this subsection).
                        ``(C) Public availability.--The Secretary shall
                    make all reports and related data submitted under this
                    paragraph publicly available on the website of the
                    Centers for Medicare & Medicaid Services on a timely
                    basis.
                ``(2) Supplemental payment defined.--
                        ``(A) In general.--Subject to subparagraph (B), in
                    this subsection, the term `supplemental payment' means
                    a payment to a provider that is in addition to any base
                    payment made to the provider under the State plan under
                    this title or under demonstration authority.
                        ``(B) DSH payments excluded.--Such term does not
                    include a disproportionate share hospital payment made
                    under section 1923.''.

    SEC. 203. MEDICAID SHORTFALL AND THIRD PARTY PAYMENTS.

        (a) In General.--Subsection (g) of section 1923 of the Social
    Security Act (42 U.S.C. 1396r-4) is amended to read as follows:
        ``(g) Limit on Amount of Payment to Hospital.--
                ``(1) In general.--
                        ``(A) Amount of adjustment subject to uncompensated
                    costs.--A payment adjustment during a fiscal year shall
                    not be considered to be consistent with subsection (c)
                    with respect to a hospital (other than a hospital
                    described in paragraph (2)(B)) if the payment
                    adjustment exceeds an amount equal to--
                                ``(i) the costs incurred during the year of
                            furnishing hospital services by the hospital to
                            individuals described in subparagraph (B)
                            minus--
                                ``(ii) the sum of--
                                        ``(I) payments under this title
                                    (other than under this section) for
                                    such services; and
                                        ``(II) payments by uninsured
                                    patients for such services.
                        ``(B) Individuals described.--For purposes of
                    subparagraph (A), the individuals described in this
                    clause are the following:
                                ``(i) Individuals who are eligible for
                            medical assistance under the State plan or
                            under a waiver of such plan and for whom the
                            State plan or waiver is the primary payor for
                            such services.
                                ``(ii) Subject to subparagraph (C),
                            individuals who have no health insurance (or
                            other source of third party coverage) for
                            services provided during the year, as
                            determined by the Secretary.
                        ``(C) Exclusion of certain payments.--For purposes
                    of subparagraph (B)(ii), payments made to a hospital
                    for services provided to indigent patients made by a
                    State or a unit of local government within a State
                    shall not be considered to be a source of third party
                    coverage.
                ``(2) Application of limits for certain hospitals.--
                        ``(A) In general.--A payment adjustment during a
                    fiscal year shall not be considered to be consistent
                    with subsection (c) with respect to a hospital
                    described in subparagraph (B) if the payment adjustment
                    exceeds the higher of--
                                ``(i) the amount determined for the
                            hospital and fiscal year under paragraph
                            (1)(A); and
                                ``(ii) the amount determined for the
                            hospital under paragraph (1)(A) as in effect on
                            January 1, 2020.
                        ``(B) Hospitals described.--A hospital is described
                    in this subparagraph for a fiscal year if, for the most
                    recent cost reporting period, the hospital is in at
                    least the 97th percentile of all hospitals with respect
                    to--
                                ``(i) the number of inpatient days for such
                            period that were made up of patients who (for
                            such days) were entitled to benefits under part
                            A of title XVIII and were entitled to
                            supplemental security income benefits under
                            title XVI (excluding any State supplementary
                            benefits paid with respect to such patients);
                            or
                                ``(ii) the percentage of total inpatient
                            days that were made up of patients who (for
                            such days) were described in clause (i).''.
        (b) Effective Date.--The amendment made by this section shall take
    effect on October 1, 2021, and shall apply to payment adjustments made
    under section 1923 of the Social Security Act (42 U.S.C. 1396r-4)
    during fiscal years beginning on or after such date.

    SEC. 204. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
                  DEMONSTRATION.

        (a) In General.--
                (1) Funding.--Section 6071(h) of the Deficit Reduction Act
            of 2005 (42 U.S.C. 1396a note) is amended--
                        (A) in paragraph (1)--
                                (i) in each of subparagraphs (F) through
                            (H), by striking ``subject to paragraph (3),'';
                                (ii) in subparagraph (G), by striking
                            ``and'' at the end;
                                (iii) in subparagraph (H), by striking the
                            period and inserting a semicolon; and
                                (iv) by adding at the end the following new
                            subparagraphs:
                        ``(I) for the period beginning on December 19,
                    2020, and ending on September 30, 2021, the amount
                    equal to the pro rata portion of an annual
                    appropriation of $450,000,000;
                        ``(J) $450,000,000 for fiscal year 2022; and
                        ``(K) $450,000,000 for fiscal year 2023.'';
                        (B) in paragraph (2)--
                                (i) by striking ``Subject to paragraph (3),
                            amounts'' and inserting ``Amounts''; and
                                (ii) by striking ``2021'' and inserting
                            ``2023''; and
                        (C) by striking paragraph (3).
                (2) Research and evaluation.--Section 6071(g) of the
            Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is
            amended--
                        (A) in paragraph (2), by striking ``2016'' and
                    inserting ``2026''; and
                        (B) in paragraph (3), by inserting ``and for each
                    of fiscal years 2021 through 2023'' after ``2016,''.
        (b) Changes to Institutional Residency Period Requirement.--
                (1) In general.--Section 6071(b)(2) of the Deficit
            Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
                        (A) in subparagraph (A)(i), by striking ``90'' and
                    inserting ``60''; and
                        (B) by striking the flush sentence after
                    subparagraph (B).
                (2) Effective date.--The amendments made by paragraph (1)
            shall take effect on the date that is 30 days after the date of
            the enactment of this Act.
        (c) Updates to State Application Requirements.--Section 6071 of the
    Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
                (1) in subsection (c)--
                        (A) in paragraph (3), by striking ``, which shall
                    include'' and all that follows through ``2007'';
                        (B) in paragraph (7)--
                                (i) in the paragraph heading, by striking
                            ``Rebalancing'' and inserting ``Expenditures'';
                                (ii) in subparagraph (A), by adding ``and''
                            at the end; and
                                (iii) in subparagraph (B)--
                                        (I) in clause (i), by striking
                                    ``and'' at the end;
                                        (II) in clause (ii), by striking
                                    the period at the end and inserting a
                                    semicolon; and
                                        (III) by adding at the end the
                                    following:
                        ``(iii) include a work plan that describes for each
                    Federal fiscal year that occurs during the proposed MFP
                    demonstration project--
                                ``(I) the use of grant funds for each
                            proposed initiative that is designed to
                            accomplish the objective described in
                            subsection (a)(1), including a funding source
                            for each activity that is part of each such
                            proposed initiative;
                                ``(II) an evaluation plan that identifies
                            expected results for each such proposed
                            initiative; and
                                ``(III) a sustainability plan for
                            components of such proposed initiatives that
                            are intended to improve transitions, which
                            shall be updated with actual expenditure
                            information for each Federal fiscal year that
                            occurs during the MFP demonstration project;
                            and
                        ``(iv) contain assurances that grant funds used to
                    accomplish the objective described in subsection (a)(1)
                    shall be obligated not later than 24 months after the
                    date on which the funds are awarded and shall be
                    expended not later than 60 months after the date on
                    which the funds are awarded (unless the Secretary
                    waives either such requirement).''; and
                        (C) in paragraph (13)--
                                (i) in subparagraph (A), by striking ``;
                            and'' and inserting ``, and in such manner as
                            will meet the reporting requirements set forth
                            for the Transformed Medicaid Statistical
                            Information System (T-MSIS);'';
                                (ii) by redesignating subparagraph (B) as
                            subparagraph (D); and
                                (iii) by inserting after subparagraph (A)
                            the following:
                        ``(B) the State shall report on a quarterly basis
                    on the use of grant funds by distinct activity, as
                    described in the approved work plan, and by specific
                    population as targeted by the State;
                        ``(C) if the State fails to report the information
                    required under subparagraph (B), fails to report such
                    information on a quarterly basis, or fails to make
                    progress under the approved work plan, the State shall
                    implement a corrective action plan approved by the
                    Secretary; and''; and
                (2) in subsection (d)(4), by adding at the end the
            following new subparagraph:
                        ``(C) Corrective action plan progress.--In the case
                    of a State required to implement a corrective action
                    plan under subparagraph (C) of subsection (c)(13), the
                    State must implement such plan and demonstrate progress
                    in reporting information under subparagraph (B) of such
                    subsection or progress under the approved work plan (as
                    applicable).''.
        (d) Funding for Quality Assurance and Improvement; Technical
    Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of
    2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and
    inserting the following:
                ``(2) Funding.--From the amounts appropriated under
            subsection (h)(1), $3,000,000 shall be available to the
            Secretary to carry out this subsection. Such amount shall
            remain available until expended.''.
        (e) Best Practices Evaluation.--Section 6071 of the Deficit
    Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at
    the end the following:
        ``(i) Best Practices.--
                ``(1) Report.--The Secretary, directly or through grant or
            contract, shall submit a report to the President and Congress
            not later than September 30, 2022, that contains findings and
            conclusions on best practices from MFP demonstration projects
            carried out with grants made under this section. The report
            shall include information and analyses with respect to the
            following:
                        ``(A) The most effective State strategies for
                    transitioning beneficiaries from institutional to
                    qualified community settings carried out under MFP
                    demonstration projects and how such strategies may vary
                    for different types of beneficiaries, such as
                    beneficiaries who are aged, physically disabled,
                    intellectually or developmentally disabled, or
                    individuals with serious mental illnesses, and other
                    targeted waiver beneficiary populations under section
                    1915(c) of the Social Security Act.
                        ``(B) The most common and the most effective State
                    uses of grant funds carried out under demonstration
                    projects for transitioning beneficiaries from
                    institutional to qualified community settings and
                    improving health outcomes, including differentiating
                    funding for current initiatives that are designed for
                    such purpose and funding for proposed initiatives that
                    are designed for such purpose.
                        ``(C) The most effective State approaches carried
                    out under MFP demonstration projects for improving
                    person-centered care and planning.
                        ``(D) Identification of program, financing, and
                    other flexibilities available under MFP demonstration
                    projects, that are not available under the traditional
                    Medicaid program, and which directly contributed to
                    successful transitions and improved health outcomes
                    under MFP demonstration projects.
                        ``(E) State strategies and financing mechanisms for
                    effective coordination of housing financed or supported
                    under MFP demonstration projects with local housing
                    authorities and other resources.
                        ``(F) Effective State approaches for delivering
                    Money Follows the Person transition services through
                    managed care entities.
                        ``(G) Other best practices and effective transition
                    strategies demonstrated by States with approved MFP
                    demonstration projects, as determined by the Secretary.
                        ``(H) Identification and analyses of opportunities
                    and challenges to integrating effective Money Follows
                    the Person practices and State strategies into the
                    traditional Medicaid program.
                ``(2) Collaboration.--In preparing the report required
            under this subsection, the Secretary shall collect and
            incorporate information from States with approved MFP
            demonstration projects and beneficiaries participating in such
            projects, and providers participating in such projects.
                ``(3) Waiver of paperwork reduction act.--Chapter 35 of
            title 44, United States Code, shall not apply to preparation of
            the report described in paragraph (1) or collection of
            information described in paragraph (2).
                ``(4) Funding.--From the amounts appropriated under
            subsection (h)(1) for each of fiscal years 2021 and 2022, not
            more than $300,000 shall be available to the Secretary for each
            such fiscal year to carry out this subsection.''.
        (f) MACPAC Report on Qualified Settings Criteria.--Section 6071 of
    the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as amended by
    subsection (e), is further amended by adding at the end the following:
        ``(j) MACPAC Report.--Prior to the final implementation date
    established by the Secretary for the criteria established for home and
    community-based settings in section 441.301(c)(4) of title 42, Code of
    Federal Regulations, as part of final implementation of the Home and
    Community Based Services (HCBS) Final Rule published on January 16,
    2014 (79 Fed. Reg. 2947) (referred to in this subsection as the `HCBS
    final rule'), the Medicaid and CHIP Payment and Access Commission
    (MACPAC) shall submit to Congress a report that--
                ``(1) identifies the types of home and community-based
            settings and associated services that are available to eligible
            individuals in both the MFP demonstration program and sites in
            compliance with the HCBS final rule; and
                ``(2) if determined appropriate by the Commission,
            recommends policies to align the criteria for a qualified
            residence under subsection (b)(6) (as in effect on October 1,
            2017) with the criteria in the HCBS final rule.''.
        (g) Application to Current Projects.--Not later than 1 year after
    the date of the enactment of this Act, the Secretary shall update the
    terms and conditions of any approved MFP demonstration project under
    section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a
    note) in effect on the date of the enactment of this Act to ensure that
    such terms and conditions are the same as are required for any new
    State applicant for such project under the amendments made by this
    section.

    SEC. 205. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.

        (a) In General.--Section 2404 of the Patient Protection and
    Affordable Care Act (42 U.S.C. 1396r-5 note) is amended by striking
    ``December 18, 2020'' and inserting ``September 30, 2023''.
        (b) Rule of Construction.--Nothing in section 2404 of Public Law
    111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the
    Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be
    construed as prohibiting a State from--
                (1) applying an income or resource disregard under a
            methodology authorized under section 1902(r)(2) of such Act (42
            U.S.C. 1396a(r)(2))--
                        (A) to the income or resources of an individual
                    described in section 1902(a)(10)(A)(ii)(VI) of such Act
                    (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a
                    disregard of the income or resources of such
                    individual's spouse); or
                        (B) on the basis of an individual's need for home
                    and community-based services authorized under
                    subsection (c), (d), (i), or (k) of section 1915 of
                    such Act (42 U.S.C. 1396n) or under section 1115 of
                    such Act (42 U.S.C. 1315); or
                (2) disregarding an individual's spousal income and assets
            under a plan amendment to provide medical assistance for home
            and community-based services for individuals by reason of being
            determined eligible under section 1902(a)(10)(C) of such Act
            (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of
            such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
            reduction of income based on costs incurred for medical or
            other remedial care under which the State disregarded the
            income and assets of the individual's spouse in determining the
            initial and ongoing financial eligibility of an individual for
            such services in place of the spousal impoverishment provisions
            applied under section 1924 of such Act (42 U.S.C. 1396r-5).

    SEC. 206. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION
                  PROGRAM.

        Section 223(d) of the Protecting Access to Medicare Act of 2014 (42
    U.S.C. 1396a note), as amended by section 1104 of the Further
    Continuing Appropriations Act, 2021, and Other Extensions Act, is
    amended--
                (1) in paragraph (3), by striking ``under this subsection''
            and all that follows through the period and inserting ``that
            meet the requirements of this subsection through September 30,
            2023.'';
                (2) in paragraph (5)(C)(iii)(I), by striking ``during the 8
            fiscal quarter period (or any portion of the period) that
            begins on January 1, 2020'' and inserting ``through September
            30, 2023'';
                (3) in paragraph (5)(C)(iii)(II), by inserting before the
            period at the end ``or through September 30, 2023, whichever is
            longer'';
                (4) in paragraph (8)(A), by striking ``to participate'' and
            all that follows through the period and inserting ``to conduct
            demonstration programs that meet the requirements of this
            subsection for 2 years or through September 30, 2023, whichever
            is longer.''.

    SEC. 207. CLARIFYING AUTHORITY OF STATE MEDICAID FRAUD AND ABUSE
                  CONTROL UNITS TO INVESTIGATE AND PROSECUTE CASES OF
                  MEDICAID PATIENT ABUSE AND NEGLECT IN ANY SETTING.

        (a) In General.--Section 1903(q)(4)(A)(ii) of the Social Security
    Act (42 U.S.C. 1396b(q)(4)(A)(ii)) is amended by inserting after
    ``patients residing in board and care facilities'' the following: ``and
    of patients (who are receiving medical assistance under the State plan
    under this title (or waiver of such plan)) in a noninstitutional or
    other setting''.
        (b) Availability of Funding.--Section 1903(a)(6) of the Social
    Security Act (42 U.S.C. 1396b(a)(6)) is amended, in the matter
    following subparagraph (B), by striking ``(as found necessary by the
    Secretary for the elimination of fraud in the provision and
    administration of medical assistance provided under the State plan (or
    waiver of such plan))''.

    SEC. 208. MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED STATES.

        (a) In General.--Section 402(b)(2) of the Personal Responsibility
    and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2))
    is amended by adding at the end the following new subparagraph:
                        ``(G) Medicaid exception for citizens of freely
                    associated states.--With respect to eligibility for
                    benefits for the designated Federal program defined in
                    paragraph (3)(C) (relating to the Medicaid program),
                    paragraph (1) shall not apply to any individual who
                    lawfully resides in 1 of the 50 States or the District
                    of Columbia in accordance with the Compacts of Free
                    Association between the Government of the United States
                    and the Governments of the Federated States of
                    Micronesia, the Republic of the Marshall Islands, and
                    the Republic of Palau and shall not apply, at the
                    option of the Governor of Puerto Rico, the Virgin
                    Islands, Guam, the Northern Mariana Islands, or
                    American Samoa as communicated to the Secretary of
                    Health and Human Services in writing, to any individual
                    who lawfully resides in the respective territory in
                    accordance with such Compacts.''.
        (b) Exception to 5-Year Limited Eligibility.--Section 403(b) of
    such Act (8 U.S.C. 1613(b)) is amended by adding at the end the
    following new paragraph:
                ``(3) Exception for citizens of freely associated states.--
            An individual described in section 402(b)(2)(G), but only with
            respect to the designated Federal program defined in section
            402(b)(3)(C).''.
        (c) Definition of Qualified Alien.--Section 431(b) of such Act (8
    U.S.C. 1641(b)) is amended--
                (1) in paragraph (6), by striking ``; or'' at the end and
            inserting a comma;
                (2) in paragraph (7), by striking the period at the end and
            inserting ``, or''; and
                (3) by adding at the end the following new paragraph:
                ``(8) an individual who lawfully resides in the United
            States in accordance with a Compact of Free Association
            referred to in section 402(b)(2)(G), but only with respect to
            the designated Federal program defined in section 402(b)(3)(C)
            (relating to the Medicaid program).''.
        (d) Conforming Amendments.--Section 1108 of the Social Security Act
    (42 U.S.C. 1308) is amended--
                (1) in subsection (f), in the matter preceding paragraph
            (1), by striking ``subsection (g) and section 1935(e)(1)(B)''
            and inserting ``subsections (g) and (h) and section
            1935(e)(1)(B)''; and
                (2) by adding at the end the following:
        ``(h) Exclusion of Medical Assistance Expenditures for Citizens of
    Freely Associated States.--Expenditures for medical assistance provided
    to an individual described in section 431(b)(8) of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996 (8
    U.S.C. 1641(b)(8)) shall not be taken into account for purposes of
    applying payment limits under subsections (f) and (g).''.
        (e) Effective Date.--The amendments made by this section shall
    apply to benefits for items and services furnished on or after the date
    of the enactment of this Act.

    SEC. 209. MEDICAID COVERAGE OF CERTAIN MEDICAL TRANSPORTATION.

        (a) Continuing Requirement of Medicaid Coverage of Necessary
    Transportation.--
                (1) Requirement.--Section 1902(a)(4) of the Social Security
            Act (42 U.S.C. 1396a(a)(4)) is amended--
                        (A) by striking ``and including provision for
                    utilization'' and inserting ``including provision for
                    utilization''; and
                        (B) by inserting after ``supervision of
                    administration of the plan'' the following: ``, and,
                    subject to section 1903(i), including a specification
                    that the single State agency described in paragraph (5)
                    will ensure necessary transportation for beneficiaries
                    under the State plan to and from providers and a
                    description of the methods that such agency will use to
                    ensure such transportation''.
                (2) Application with respect to benchmark benefit packages
            and benchmark equivalent coverage.--Section 1937(a)(1) of the
            Social Security Act (42 U.S.C. 1396u-7(a)(1)) is amended--
                        (A) in subparagraph (A), by striking ``subsection
                    (E)'' and inserting ``subparagraphs (E) and (F)''; and
                        (B) by adding at the end the following new
                    subparagraph:
                        ``(F) Necessary transportation.--Notwithstanding
                    the preceding provisions of this paragraph, a State may
                    not provide medical assistance through the enrollment
                    of an individual with benchmark coverage or benchmark
                    equivalent coverage described in subparagraph (A)(i)
                    unless, subject to section 1903(i)(9) and in accordance
                    with section 1902(a)(4), the benchmark benefit package
                    or benchmark equivalent coverage (or the State)--
                                ``(i) ensures necessary transportation for
                            individuals enrolled under such package or
                            coverage to and from providers; and
                                ``(ii) provides a description of the
                            methods that will be used to ensure such
                            transportation.''.
                (3) Limitation on federal financial participation.--Section
            1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is
            amended by inserting after paragraph (8) the following new
            paragraph:
                ``(9) with respect to any amount expended for non-emergency
            transportation authorized under section 1902(a)(4), unless the
            State plan provides for the methods and procedures required
            under section 1902(a)(30)(A); or''.
                (4) Effective date.--The amendments made by this subsection
            shall take effect on the date of the enactment of this Act and
            shall apply to transportation furnished on or after such date.
        (b) Medicaid Program Integrity Measures Related to Coverage of
    Nonemergency Medical Transportation.--
                (1) Gao study.--Not later than two years after the date of
            the enactment of this Act, the Comptroller General of the
            United States shall conduct a study, and submit to Congress, a
            report on coverage under the Medicaid program under title XIX
            of the Social Security Act of nonemergency transportation to
            services. Such study shall take into account the 2009 report of
            the Office of the Inspector General of the Department of Health
            and Human Services, titled ``Fraud and Abuse Safeguards for
            State Medicaid Nonemergency Medical Transportation Services''
            (OEI-06-07-00320). Such report shall include the following:
                        (A) An examination of the 50 States and the
                    District of Columbia to identify safeguards to prevent
                    and detect fraud and abuse with respect to coverage
                    under the Medicaid program of nonemergency
                    transportation to covered services.
                        (B) An examination of transportation brokers to
                    identify the range of safeguards against such fraud and
                    abuse to prevent improper payments for such
                    transportation.
                        (C) Identification of the numbers, types, and
                    outcomes of instances of fraud and abuse, with respect
                    to coverage under the Medicaid program of such
                    transportation, that State Medicaid Fraud Control Units
                    have investigated in recent years.
                        (D) Identification of commonalities or trends in
                    program integrity, with respect to such coverage, to
                    inform risk management strategies of States and the
                    Centers for Medicare & Medicaid Services.
                (2) Stakeholder meetings.--
                        (A) In general.--Not later than 18 months after the
                    date of the enactment of this Act, the Secretary of
                    Health and Human Services, through the Centers for
                    Medicare & Medicaid Services, shall convene a series of
                    meetings to obtain input from appropriate stakeholders
                    to facilitate discussion and shared learning about the
                    leading practices for improving Medicaid program
                    integrity, with respect to coverage of nonemergency
                    transportation to medically necessary services.
                        (B) Topics.--The meetings convened under
                    subparagraph (A) shall--
                                (i) focus on ongoing challenges to Medicaid
                            program integrity as well as leading practices
                            to address such challenges; and
                                (ii) address specific challenges raised by
                            stakeholders involved in coverage under the
                            Medicaid program of nonemergency transportation
                            to covered services, including unique
                            considerations for specific groups of Medicaid
                            beneficiaries meriting particular attention,
                            such as American Indians and tribal land issues
                            or accommodations for individuals with
                            disabilities.
                        (C) Stakeholders.--Stakeholders described in
                    subparagraph (A) shall include individuals from State
                    Medicaid programs, brokers for nonemergency
                    transportation to medically necessary services that
                    meet the criteria described in section 1902(a)(70)(B)
                    of the Social Security Act (42 U.S.C. 1396a(a)(70)(B)),
                    providers (including transportation network companies),
                    Medicaid patient advocates, and such other individuals
                    specified by the Secretary.
                (3) Guidance review.--Not later than 24 months after the
            date of the enactment of this Act, the Secretary of Health and
            Human Services, through the Centers for Medicare & Medicaid
            Services, shall assess guidance issued to States by the Centers
            for Medicare & Medicaid Services relating to Federal
            requirements for nonemergency transportation to medically
            necessary services under the Medicaid program under title XIX
            of the Social Security Act and update such guidance as
            necessary to ensure States have appropriate and current
            guidance in designing and administering coverage under the
            Medicaid program of nonemergency transportation to medically
            necessary services.
                (4) Nemt transportation provider and driver requirements.--
                        (A) State plan requirement.--Section 1902(a) of the
                    Social Security Act (42 U.S.C. 1396a(a)) is amended--
                                (i) by striking ``and'' at the end of
                            paragraph (85);
                                (ii) by striking the period at the end of
                            paragraph (86) and inserting ``; and''; and
                                (iii) by inserting after paragraph (86) the
                            following new paragraph:
                ``(87) provide for a mechanism, which may include
            attestation, that ensures that, with respect to any provider
            (including a transportation network company) or individual
            driver of nonemergency transportation to medically necessary
            services receiving payments under such plan (but excluding any
            public transit authority), at a minimum--
                        ``(A) each such provider and individual driver is
                    not excluded from participation in any Federal health
                    care program (as defined in section 1128B(f)) and is
                    not listed on the exclusion list of the Inspector
                    General of the Department of Health and Human Services;
                        ``(B) each such individual driver has a valid
                    driver's license;
                        ``(C) each such provider has in place a process to
                    address any violation of a State drug law; and
                        ``(D) each such provider has in place a process to
                    disclose to the State Medicaid program the driving
                    history, including any traffic violations, of each such
                    individual driver employed by such provider, including
                    any traffic violations.''.
                        (B) Effective date.--
                                (i) In general.--Except as provided in
                            clause (ii), the amendments made by
                            subparagraph (A) shall take effect on the date
                            of the enactment of this Act and shall apply to
                            services furnished on or after the date that is
                            one year after the date of the enactment of
                            this Act.
                                (ii) Exception.--In the case of a State
                            plan under title XIX of the Social Security Act
                            (42 U.S.C. 1396 et seq.), or waiver of such
                            plan, that the Secretary of Health and Human
                            Services determines requires State legislation
                            in order for the respective plan to meet any
                            requirement imposed by amendments made by this
                            section, the respective plan shall not be
                            regarded as failing to comply with the
                            requirements of such title solely on the basis
                            of its failure to meet such an 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
                            the session shall be considered to be a
                            separate regular session of the State
                            legislature.
                (5) Analysis of t-msis data.--Not later than one year after
            the date of the enactment of this Act, the Secretary of Health
            and Human Services, through the Centers for Medicare & Medicaid
            Services, shall analyze, and submit to Congress a report on,
            the nation-wide data set under the Transformed Medicaid
            Statistical Information System to identify recommendations
            relating to coverage under the Medicaid program under title XIX
            of the Social Security Act of nonemergency transportation to
            medically necessary services.
        (c) Consultation Relating to Nonemergency Medical Transportation.--
    In the case of a State that exercises the option described in section
    1902(a)(70) of the Social Security Act (42 U.S.C. 1396a(a)(7)), in
    establishing a non-emergency medical transportation brokerage program
    under such section, a State Medicaid agency may consult relevant
    stakeholders, including stakeholders representing patients, medical
    providers, Medicaid managed care organizations, brokers for non-
    emergency medical transportation, and transportation providers
    (including public transportation providers).

    SEC. 210. PROMOTING ACCESS TO LIFE-SAVING THERAPIES FOR MEDICAID
                  ENROLLEES BY ENSURING COVERAGE OF ROUTINE PATIENT COSTS
                  FOR ITEMS AND SERVICES FURNISHED IN CONNECTION WITH
                  PARTICIPATION IN QUALIFYING CLINICAL TRIALS.

        (a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
    1396d) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (29), by striking ``and'' at the
                    end;
                        (B) by redesignating paragraph (30) as paragraph
                    (31); and
                        (C) by inserting after paragraph (29) the following
                    new paragraph:
                ``(30) subject to subsection (gg), routine patient costs
            for items and services furnished in connection with
            participation in a qualifying clinical trial (as defined in
            such subsection); and''; and
                (2) by adding at the end the following new subsection:
        ``(gg)(1) Routine Patient Costs.--For purposes of subsection
    (a)(30), with respect to a State and an individual enrolled under the
    State plan (or a waiver of such plan) who participates in a qualifying
    clinical trial, routine patient costs--
                ``(A) include any item or service provided to the
            individual under the qualifying clinical trial, including--
                        ``(i) any item or service provided to prevent,
                    diagnose, monitor, or treat complications resulting
                    from such participation, to the extent that the
                    provision of such an item or service to the individual
                    outside the course of such participation would
                    otherwise be covered under the State plan or waiver;
                    and
                        ``(ii) any item or service required solely for the
                    provision of the investigational item or service that
                    is the subject of such trial, including the
                    administration of such investigational item or service;
                    and
                ``(B) does not include--
                        ``(i) an item or service that is the
                    investigational item or service that is--
                                ``(I) the subject of the qualifying
                            clinical trial; and
                                ``(II) not otherwise covered outside of the
                            clinical trial under the State plan or waiver;
                            or
                        ``(ii) an item or service that is--
                                ``(I) provided to the individual solely to
                            satisfy data collection and analysis needs for
                            the qualifying clinical trial and is not used
                            in the direct clinical management of the
                            individual; and
                                ``(II) not otherwise covered under the
                            State plan or waiver.
        ``(2) Qualifying Clinical Trial Defined.--
                ``(A) In general.--For purposes of this subsection and
            subsection (a)(30), the term `qualifying clinical trial' means
            a clinical trial (in any clinical phase of development) that is
            conducted in relation to the prevention, detection, or
            treatment of any serious or life-threatening disease or
            condition and is described in any of the following clauses:
                        ``(i) The study or investigation is approved,
                    conducted, or supported (which may include funding
                    through in-kind contributions) by one or more of the
                    following:
                                ``(I) The National Institutes of Health.
                                ``(II) The Centers for Disease Control and
                            Prevention.
                                ``(III) The Agency for Healthcare Research
                            and Quality.
                                ``(IV) The Centers for Medicare & Medicaid
                            Services.
                                ``(V) A cooperative group or center of any
                            of the entities described in subclauses (I)
                            through (IV) or the Department of Defense or
                            the Department of Veterans Affairs.
                                ``(VI) A qualified non-governmental
                            research entity identified in the guidelines
                            issued by the National Institutes of Health for
                            center support grants.
                                ``(VII) Any of the following if the
                            conditions described in subparagraph (B) are
                            met:
                                        ``(aa) The Department of Veterans
                                    Affairs.
                                        ``(bb) The Department of Defense.
                                        ``(cc) The Department of Energy.
                        ``(ii) The clinical trial is conducted pursuant to
                    an investigational new drug exemption under section
                    505(i) of the Federal Food, Drug, and Cosmetic Act or
                    an exemption for a biological product undergoing
                    investigation under section 351(a)(3) of the Public
                    Health Service Act.
                        ``(iii) The clinical trial is a drug trial that is
                    exempt from being required to have an exemption
                    described in clause (ii).
                ``(B) Conditions.--For purposes of subparagraph
            (A)(i)(VII), the conditions described in this subparagraph,
            with respect to a clinical trial approved or funded by an
            entity described in such subparagraph (A)(i)(VII), are that the
            clinical trial has been reviewed and approved through a system
            of peer review that the Secretary determines--
                        ``(i) to be comparable to the system of peer review
                    of studies and investigations used by the National
                    Institutes of Health; and
                        ``(ii) assures unbiased review of the highest
                    scientific standards by qualified individuals with no
                    interest in the outcome of the review.
        ``(3) Coverage Determination Requirements.--A determination with
    respect to coverage under subsection (a)(30) for an individual
    participating in a qualifying clinical trial--
                ``(A) shall be expedited and completed within 72 hours;
                ``(B) shall be made without limitation on the geographic
            location or network affiliation of the health care provider
            treating such individual or the principal investigator of the
            qualifying clinical trial;
                ``(C) shall be based on attestation regarding the
            appropriateness of the qualifying clinical trial by the health
            care provider and principal investigator described in
            subparagraph (B), which shall be made using a streamlined,
            uniform form developed for State use by the Secretary and that
            includes the option to reference information regarding the
            qualifying clinical trial that is publicly available on a
            website maintained by the Secretary, such as clinicaltrials.gov
            (or a successor website); and
                ``(D) shall not require submission of the protocols of the
            qualifying clinical trial, or any other documentation that may
            be proprietary or determined by the Secretary to be burdensome
            to provide.''.
        (b) Requiring Mandatory Coverage Under State Plan.--Section
    1902(a)(10)(A) of such Act is amended, in the matter preceding clause
    (i), by striking ``and (29)'' and inserting ``(29), and (30)''.
        (c) Inclusion in Benchmark Coverage.--Section 1937(b)(5) of such
    Act is amended by inserting before the period at the end the following:
    ``, and beginning January 1, 2022, coverage of routine patient costs
    for items and services furnished in connection with participation in a
    qualifying clinical trial (as defined in section 1905(gg))''.
        (d) Exemption of Additional Expenditures From Payment Limits for
    Territories.--Section 1108(g)(4) of the Social Security Act (42 U.S.C.
    1308(g)(4)) is amended--
                (1) by striking ``With respect to'' and inserting the
            following:
                        ``(A) In general.--With respect to''; and
                (2) by adding at the end the following new subparagraph:
                        ``(B) Additional exemption.--Payments under section
                    1903 for medical assistance consisting of routine
                    patient costs (as defined in section 1905(gg)(1)) shall
                    not be taken into account in applying subsection
                    (f).''.
        (e) Effective Date.--
                (1) In general.--The amendments made by this section shall
            apply with respect to items and services furnished on or after
            January 1, 2022.
                (2) Exception for state legislation.--In the case of a
            State plan under title XIX of the Social Security Act (42
            U.S.C. 1396 et seq.), or waiver of such plan, that the
            Secretary of Health and Human Services determines requires
            State legislation in order for the respective plan to meet any
            requirement imposed by amendments made by this section, the
            respective plan shall not be regarded as failing to comply with
            the requirements of such title solely on the basis of its
            failure to meet such an 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 the session shall be
            considered to be a separate regular session of the State
            legislature.

                           TITLE III--HUMAN SERVICES

    SEC. 301. EXTENSION OF TANF, CHILD CARE ENTITLEMENT TO STATES, AND
                  RELATED PROGRAMS.

        Activities authorized by part A of title IV and section 1108(b) of
    the Social Security Act shall continue through September 30, 2021, in
    the manner authorized for fiscal year 2020, 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.
    Grants and payments may be made pursuant to this authority on a
    quarterly basis through the 4th quarter of fiscal year 2021 at the
    level provided for such activities for the corresponding quarter of
    fiscal year 2020.

    SEC. 302. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.

        Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                                (i) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``2020 and for the
                                    period beginning October 1, 2020, and
                                    ending December 18, 2020'' and
                                    inserting ``2023''; and
                                        (II) in clause (i), by striking
                                    ``or period'';
                                (ii) in subparagraph (B)(i), by striking
                            the 2nd sentence;
                                (iii) in subparagraph (C)(i)--
                                        (I) by striking ``or the period
                                    described in subparagraph (A)''; and
                                        (II) by striking ``or period'';
                        (B) in paragraph (3)--
                                (i) by striking ``or the period described
                            in paragraph (1)(A)''; and
                                (ii) by striking ``or period''; and
                        (C) in paragraph (4)--
                                (i) by striking ``2020 and for the period
                            described in paragraph (1)(A)'' and inserting
                            ``2023'';
                                (ii) by striking ``2020 and for the period
                            so described'' and inserting ``2023''; and
                                (iii) by striking ``or the period so
                            described'';
                (2) in subsection (c)--
                        (A) in each of paragraphs (1) and (2), by striking
                    ``Subject to paragraph (3), from'' and inserting
                    ``From''; and
                        (B) by striking paragraph (3); and
                (3) in subsection (f), by striking ``2020, and for the
            period beginning on October 1, 2020, and ending on December 18,
            2020, the amount equal to the pro rata portion of the amount
            appropriated for such period for fiscal year 2020'' and
            inserting ``2023''.

    SEC. 303. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.

        Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                                (i) in the matter preceding subparagraph
                            (A)--
                                        (I) by striking ``2020 and for the
                                    period beginning October 1, 2020, and
                                    ending December 18, 2020'' and
                                    inserting ``2023''; and
                                        (II) by striking ``(or, with
                                    respect to such period, for fiscal year
                                    2021)''; and
                                (ii) in subparagraph (A), by striking ``or
                            period'' each place it appears;
                        (B) in paragraph (2)--
                                (i) in subparagraph (A)--
                                        (I) by striking ``2020 and for the
                                    period beginning October 1, 2020, and
                                    ending December 18, 2020'' and
                                    inserting ``2023''; and
                                        (II) by striking ``(or, with
                                    respect to such period, for fiscal year
                                    2021)''; and
                                (ii) in subparagraph (B)(i), by striking
                            ``(or, with respect to the period described in
                            subparagraph (A), for fiscal year 2021)''; and
                (2) in subsection (f)--
                        (A) in paragraph (1), by striking ``2020, and for
                    the period beginning on October 1, 2020, and ending on
                    December 18, 2020, the amount equal to the pro rata
                    portion of the amount appropriated for such period for
                    fiscal year 2020'' and inserting ``2023''; and
                        (B) in paragraph (2), by striking ``2020, and for
                    the period described in paragraph (1),'' and inserting
                    ``2023,''.

    SEC. 304. EXTENSION OF SUPPORT FOR CURRENT HEALTH PROFESSIONS
                  OPPORTUNITY GRANTS.

        Out of any money in the Treasury of the United States not otherwise
    appropriated, there are hereby appropriated to the Secretary of Health
    and Human Services $3,600,000, which shall be available--
                (1) through the end of fiscal year 2021 for necessary
            administrative expenses to carry out grants made under section
            2008(a) of the Social Security Act before the date of the
            enactment of this Act; and
                (2) through the end of fiscal year 2022 for research,
            evaluation, and reporting under such section, and for necessary
            administrative expenses to carry out these activities.

    SEC. 305. EXTENSION OF MARYLEE ALLEN PROMOTING SAFE AND STABLE FAMILIES
                  PROGRAM AND STATE COURT SUPPORT.

        (a) Extensions.--Section 436 of the Social Security Act (42 U.S.C.
    629f) is amended in each of subsections (a), (b)(4)(A), (b)(5), and
    (f)(10) by striking ``2021'' and inserting ``2022''.
        (b) Program Changes.--Section 438 of such Act (42 U.S.C. 629h) is
    amended--
                (1) in subsection (a)--
                        (A) in paragraph (2)--
                                (i) in subparagraph (A), by inserting ``in
                            a timely and complete manner'' before ``, as
                            set forth''; and
                                (ii) in subparagraph (C), by striking the
                            semicolon and inserting ``, including by
                            training judges, attorneys, and other legal
                            personnel.''; and
                        (B) by striking paragraphs (3) and (4);
                (2) in subsection (b)--
                        (A) by striking paragraph (2);
                        (B) by striking all that precedes ``be eligible to
                    receive'' and inserting the following:
        ``(b) Applications.--In order to''; and
                        (C) in the matter preceding paragraph (2)--
                                (i) by moving the matter 2 ems to the left;
                                (ii) in subparagraph (A)--
                                        (I) by striking ``(A) in the case
                                    of a grant for the purpose described in
                                    subsection (a)(3),'' and inserting
                                    ``(1)''; and
                                        (II) by inserting ``use not less
                                    than 30 percent of grant funds to''
                                    before ``collaborate'';
                                (iii) in subparagraph (B), by striking
                            ``(B) in the case of a grant for the purpose
                            described in subsection (a)(4),'' and inserting
                            ``(2)''; and
                                (iv) in subparagraph (C), by striking ``(C)
                            in the case of a grant for the purpose
                            described in subsection (a),'' and inserting
                            ``(3)'';
                (3) by striking subsection (c) and inserting the following:
        ``(c) Amount of Grant.--
                ``(1) In general.--From the amounts reserved under sections
            436(b)(2) and 437(b)(2) for a fiscal year, each highest State
            court that has an application approved under this section for
            the fiscal year shall be entitled to payment of an amount equal
            to the sum of--
                        ``(A) $255,000; and
                        ``(B) the amount described in paragraph (2) with
                    respect to the court and the fiscal year.
                ``(2) Amount described.--The amount described in this
            paragraph with respect to a court and a fiscal year is the
            amount that bears the same ratio to the total of the amounts
            reserved under sections 436(b)(2) and 437(b)(2) for grants
            under this section for the fiscal year (after applying
            paragraphs (1)(A) and (3) of this subsection) as the number of
            individuals in the State in which the court is located who have
            not attained 21 years of age bears to the total number of such
            individuals in all States with a highest State court that has
            an approved application under this section for the fiscal year.
                ``(3) Indian tribes.--From the amounts reserved under
            section 436(b)(2) for a fiscal year, the Secretary shall,
            before applying paragraph (1) of this subsection, allocate
            $1,000,000 for grants to be awarded on a competitive basis
            among the highest courts of Indian tribes or tribal consortia
            that--
                        ``(A) are operating a program under part E, in
                    accordance with section 479B;
                        ``(B) are seeking to operate a program under part E
                    and have received an implementation grant under section
                    476; or
                        ``(C) have a court responsible for proceedings
                    related to foster care or adoption.''; and
                (4) in subsection (d), by striking ``2017 through 2021''
            and inserting ``2018 through 2022''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2021.

                            TITLE IV--HEALTH OFFSETS

    SEC. 401. REQUIRING CERTAIN MANUFACTURERS TO REPORT DRUG PRICING
                  INFORMATION WITH RESPECT TO DRUGS UNDER THE MEDICARE
                  PROGRAM.

        (a) In General.--Section 1847A of the Social Security Act (42
    U.S.C. 1395w-3a) is amended--
                (1) in subsection (b)--
                        (A) in paragraph (2)(A), by inserting ``or
                    subsection (f)(2), as applicable'' before the period at
                    the end;
                        (B) in paragraph (3), in the matter preceding
                    subparagraph (A), by inserting ``or subsection (f)(2),
                    as applicable,'' before ``determined by''; and
                        (C) in paragraph (6)(A), in the matter preceding
                    clause (i), by inserting ``or subsection (f)(2), as
                    applicable,'' before ``determined by''; and
                (2) in subsection (f)--
                        (A) by striking ``For requirements'' and inserting
                    the following:
                ``(1) In general.--For requirements''; and
                        (B) by adding at the end the following new
                    paragraph:
                ``(2) Manufacturers without a rebate agreement under title
            xix.--
                        ``(A) In general.--If the manufacturer of a drug or
                    biological described in subparagraph (C), (E), or (G)
                    of section 1842(o)(1) or in section 1881(b)(14)(B) that
                    is payable under this part has not entered into and
                    does not have in effect a rebate agreement described in
                    subsection (b) of section 1927, for calendar quarters
                    beginning on January 1, 2022, such manufacturer shall
                    report to the Secretary the information described in
                    subsection (b)(3)(A)(iii) of such section 1927 with
                    respect to such drug or biological in a time and manner
                    specified by the Secretary. For purposes of applying
                    this paragraph, a drug or biological described in the
                    previous sentence includes items, services, supplies,
                    and products that are payable under this part as a drug
                    or biological.
                        ``(B) Audit.--Information reported under
                    subparagraph (A) is subject to audit by the Inspector
                    General of the Department of Health and Human Services.
                        ``(C) Verification.--The Secretary may survey
                    wholesalers and manufacturers that directly distribute
                    drugs or biologicals described in subparagraph (A),
                    when necessary, to verify manufacturer prices and
                    manufacturer's average sales prices (including
                    wholesale acquisition cost) if required to make payment
                    reported under subparagraph (A). The Secretary may
                    impose a civil monetary penalty in an amount not to
                    exceed $100,000 on a wholesaler, manufacturer, or
                    direct seller, if the wholesaler, manufacturer, or
                    direct seller of such a drug or biological refuses a
                    request for information about charges or prices by the
                    Secretary in connection with a survey under this
                    subparagraph or knowingly provides false information.
                    The provisions of section 1128A (other than subsections
                    (a) (with respect to amounts of penalties or additional
                    assessments) and (b)) shall apply to a civil money
                    penalty under this subparagraph in the same manner as
                    such provisions apply to a penalty or proceeding under
                    section 1128A(a).
                        ``(D) Confidentiality.--Notwithstanding any other
                    provision of law, information disclosed by
                    manufacturers or wholesalers under this paragraph
                    (other than the wholesale acquisition cost for purposes
                    of carrying out this section) is confidential and shall
                    not be disclosed by the Secretary in a form which
                    discloses the identity of a specific manufacturer or
                    wholesaler or prices charged for drugs or biologicals
                    by such manufacturer or wholesaler, except--
                                ``(i) as the Secretary determines to be
                            necessary to carry out this section (including
                            the determination and implementation of the
                            payment amount), or to carry out section 1847B;
                                ``(ii) to permit the Comptroller General of
                            the United States to review the information
                            provided;
                                ``(iii) to permit the Director of the
                            Congressional Budget Office to review the
                            information provided;
                                ``(iv) to permit the Medicare Payment
                            Advisory Commission to review the information
                            provided; and
                                ``(v) to permit the Medicaid and CHIP
                            Payment and Access Commission to review the
                            information provided.''.
        (b) Enforcement.--Section 1847A of such Act (42 U.S.C. 1395w-3a) is
    further amended--
                (1) in subsection (d)(4)--
                        (A) in subparagraph (A), by striking ``In general''
                    and inserting ``Misrepresentation'';
                        (B) in subparagraph (B), by striking ``subparagraph
                    (B)'' and inserting ``subparagraph (A), (B), or (C)'';
                        (C) by redesignating subparagraph (B) as
                    subparagraph (E); and
                        (D) by inserting after subparagraph (A) the
                    following new subparagraphs:
                        ``(B) Failure to provide timely information.--If
                    the Secretary determines that a manufacturer described
                    in subsection (f)(2) has failed to report on
                    information described in section 1927(b)(3)(A)(iii)
                    with respect to a drug or biological in accordance with
                    such subsection, the Secretary shall apply a civil
                    money penalty in an amount of $10,000 for each day the
                    manufacturer has failed to report such information and
                    such amount shall be paid to the Treasury.
                        ``(C) False information.--Any manufacturer required
                    to submit information under subsection (f)(2) that
                    knowingly provides false information is subject to a
                    civil money penalty in an amount not to exceed $100,000
                    for each item of false information. Such civil money
                    penalties are in addition to other penalties as may be
                    prescribed by law.
                        ``(D) Increasing oversight and enforcement.--For
                    calendar quarters beginning on or after January 1,
                    2022, section 1927(b)(3)(C)(iv) shall be applied as
                    if--
                                ``(i) each reference to `under this
                            subparagraph and subsection (c)(4)(B)(ii)(III)'
                            were a reference to `under this subparagraph,
                            subsection (c)(4)(B)(ii)(III), and
                            subparagraphs (A), (B), and (C) of section
                            1847A(d)(4)'; and
                                ``(ii) the reference to `activities related
                            to the oversight and enforcement of this
                            section and agreements under this section' were
                            a reference to `activities related to the
                            oversight and enforcement of this section and
                            under subsection (f)(2) of section 1847A and
                            subparagraphs (A), (B), and (C) of section
                            1847A(d)(4) and, if applicable, agreements
                            under this section'.''; and
                (2) in subsection (c)(6)(A), by striking the period at the
            end and inserting ``, except that, for purposes of subsection
            (f)(2), the Secretary may, if the Secretary determines
            appropriate, exclude repackagers of a drug or biological from
            such term.''.
        (c) Manufacturers With a Rebate Agreement.--
                (1) In general.--Section 1927(b)(3)(A) of the Social
            Security Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by adding
            at the end the following new sentence: ``For purposes of
            applying clause (iii), for calendar quarters beginning on or
            after January 1, 2022, a drug or biological described in the
            flush matter following such clause includes items, services,
            supplies, and products that are payable under part B of title
            XVIII as a drug or biological.''.
                (2) Technical amendment.--Section 1927(b)(3)(A)(iii) of the
            Social Security Act (42 U.S.C. 1396r-8(b)(3)(A)(iii)) is
            amended by striking ``section 1881(b)(13)(A)(ii)'' and
            inserting ``section 1881(b)(14)(B)''.
        (d) Report.--Not later than January 1, 2023, the Inspector General
    of the Department of Health and Human Services shall assess and submit
    to Congress a report on the accuracy of average sales price information
    submitted by manufacturers under section 1847A of the Social Security
    Act (42 U.S.C. 1395w-3a), including the extent to which manufacturers
    provide false information, misclassify drug products, or misreport
    information. Such report shall include any recommendations on how to
    improve the accuracy of such information.

    SEC. 402. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR
                  KIDNEY TRANSPLANT PATIENTS AND OTHER RENAL DIALYSIS
                  PROVISIONS.

        (a) Medicare Entitlement to Immunosuppressive Drugs for Kidney
    Transplant Recipients.--
                (1) In general.--Section 226A(b)(2) of the Social Security
            Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except
            for eligibility for enrollment under part B solely for purposes
            of coverage of immunosuppressive drugs described in section
            1861(s)(2)(J))'' before ``, with the thirty-sixth month''.
                (2) Individuals eligible only for coverage of
            immunosuppressive drugs.--
                        (A) In general.--Section 1836 of the Social
                    Security Act (42 U.S.C. 1395o) is amended--
                                (i) by striking ``Every'' and inserting
                            ``(a) In General.--Every''; and
                                (ii) by adding at the end the following new
                            subsection:
        ``(b) Individuals Eligible for Immunosuppressive Drug Coverage.--
                ``(1) In general.--Except as provided under paragraph (2),
            every individual whose entitlement to insurance benefits under
            part A ends (whether before, on, or after January 1, 2023) by
            reason of section 226A(b)(2) is eligible to enroll or to be
            deemed to have enrolled in the medical insurance program
            established by this part solely for purposes of coverage of
            immunosuppressive drugs in accordance with section 1837(n).
                ``(2) Exception if other coverage is available.--
                        ``(A) In general.--An individual described in
                    paragraph (1) shall not be eligible for enrollment in
                    the program for purposes of coverage described in such
                    paragraph with respect to any period in which the
                    individual, as determined in accordance with
                    subparagraph (B)--
                                ``(i) is enrolled in a group health plan or
                            group or individual health insurance coverage,
                            as such terms are defined in section 2791 of
                            the Public Health Service Act;
                                ``(ii) is enrolled for coverage under the
                            TRICARE for Life program under section 1086(d)
                            of title 10, United States Code;
                                ``(iii) is enrolled under a State plan (or
                            waiver of such plan) under title XIX and is
                            eligible to receive benefits for
                            immunosuppressive drugs described in this
                            subsection under such plan (or such waiver);
                                ``(iv) is enrolled under a State child
                            health plan (or waiver of such plan) under
                            title XXI and is eligible to receive benefits
                            for such drugs under such plan (or such
                            waiver); or
                                ``(v)(I) is enrolled in the patient
                            enrollment system of the Department of Veterans
                            Affairs established and operated under section
                            1705 of title 38, United States Code;
                                ``(II) is not required to enroll under
                            section 1705 of such title to receive
                            immunosuppressive drugs described in this
                            subsection; or
                                ``(III) is otherwise eligible under a
                            provision of title 38, United States Code,
                            other than section 1710 of such title to
                            receive immunosuppressive drugs described in
                            this subsection.
                        ``(B) Eligibility determinations.--
                                ``(i) In general.--The Secretary, in
                            coordination with the Commissioner of Social
                            Security, shall establish a process for
                            determining whether an individual described in
                            paragraph (1) who is to be enrolled or deemed
                            to be enrolled in the medical insurance program
                            described in such paragraph meets the
                            requirements for such enrollment under this
                            subsection, including the requirement that the
                            individual not be enrolled in other coverage as
                            described in subparagraph (A).
                                ``(ii) Attestation regarding other
                            coverage.--The process established under clause
                            (i) shall include, at a minimum, a requirement
                            that--
                                        ``(I) the individual provide to the
                                    Commissioner an attestation that the
                                    individual is not enrolled and does not
                                    expect to enroll in such other
                                    coverage; and
                                        ``(II) the individual notify the
                                    Commissioner within 60 days of
                                    enrollment in such other coverage.''.
                        (B) Conforming amendment.--
                                (i) In general.--Sections 1837, 1838, and
                            1839 of the Social Security Act (42 U.S.C.
                            1395p, 42 U.S.C. 1395q, 42 U.S.C. 1395r) are
                            each amended by striking ``1836'' and inserting
                            ``1836(a)'' each place it appears.
                                (ii) Additional amendment.--Section
                            1837(j)(1) of such Act (42 U.S.C. 1395p(j)(1))
                            is amended by striking ``1836(1)'' and
                            inserting ``1836(a)(1)''.
        (b) Enrollment for Individuals Only Eligible for Coverage of
    Immunosuppressive Drugs.--Section 1837 of the Social Security Act (42
    U.S.C. 1395p), as amended by section 120, is amended by adding at the
    end the following new subsection:
        ``(n)(1) Any individual who is eligible for coverage of
    immunosuppressive drugs under section 1836(b) may enroll or be deemed
    to have enrolled only in such manner and form as may be prescribed by
    regulations, and only during an enrollment period described in this
    subsection.
        ``(2) An individual described in paragraph (1) whose entitlement
    for hospital insurance benefits under part A ends by reason of section
    226A(b)(2) prior to January 1, 2023, may enroll beginning on October 1,
    2022, or the day on which the individual first satisfies section
    1836(b), whichever is later.
        ``(3) An individual described in paragraph (1) whose entitlement
    for hospital insurance benefits under part A ends by reason of section
    226A(b)(2) on or after January 1, 2023, shall be deemed to have
    enrolled in the medical insurance program established by this part for
    purposes of coverage of immunosuppressive drugs.
        ``(4) The Secretary shall establish a process under which an
    individual described in paragraph (1) whose other coverage described in
    section 1836(b)(2)(A), or coverage under this part (including the
    medical insurance program established under this part for purposes of
    coverage of immunosuppressive drugs), is terminated voluntarily or
    involuntary may enroll or reenroll, if applicable, in the medical
    insurance program established under this part for purposes of coverage
    of immunosuppressive drugs.''.
        (c) Coverage Period for Individuals Only Eligible for Coverage of
    Immunosuppressive Drugs.--
                (1) In general.--Section 1838 of the Social Security Act
            (42 U.S.C. 1395q), as amended by section 120, is further
            amended by adding at the end the following new subsection:
        ``(h) In the case of an individual described in section 1836(b)(1),
    the following rules shall apply:
                ``(1) In the case of such an individual who is deemed to
            have enrolled in part B for coverage of immunosuppressive drugs
            under section 1837(n)(3), such individual's coverage period
            shall begin on the first day of the month in which the
            individual first satisfies section 1836(b).
                ``(2) In the case of such an individual who enrolls (or
            reenrolls, if applicable) in part B for coverage of
            immunosuppressive drugs under paragraph (2) or (4) of section
            1837(n), such individual's coverage period shall begin on
            January 1, 2023, or the month following the month in which the
            individual so enrolls (or reenrolls), whichever is later.
                ``(3) The provisions of subsections (b) and (d) shall apply
            with respect to an individual described in paragraph (1) or
            (2).
                ``(4) In addition to the reasons for termination under
            subsection (b), the coverage period of an individual described
            in paragraph (1) or (2) shall end when the individual becomes
            entitled to benefits under this title under subsection (a) or
            (b) of section 226, or under section 226A, or is no longer
            eligible for such coverage as a result of the application of
            section 1836(b)(2).
                ``(5) The Secretary may conduct public education activities
            to raise awareness of the availability of more comprehensive,
            individual health insurance coverage (as defined in section
            2791 of the Public Health Service Act) for individuals eligible
            under section 1836(b) to enroll or to be deemed enrolled in the
            medical insurance program established under this part for
            purposes of coverage of immunosuppressive drugs.''.
                (2) Conforming amendments.--Section 1838(b) of the Social
            Security Act (42 U.S.C. 1395q(b)) is amended, in the matter
            following paragraph (2), by inserting ``or section 1837(n)(3)''
            after ``section 1837(f)'' each place it appears.
        (d) Premiums for Individuals Only Eligible for Coverage of
    Immunosuppressive Drugs.--
                (1) In general.--Section 1839 of the Social Security Act
            (42 U.S.C. 1395r), as amended by section 120, is further
            amended--
                        (A) in subsection (b), by adding at the end the
                    following new sentence: ``No increase in the premium
                    shall be effected for individuals who are enrolled
                    pursuant to section 1836(b) for coverage only of
                    immunosuppressive drugs.''; and
                        (B) by adding at the end the following new
                    subsection:
        ``(j) Determination of Premium for Individuals Only Eligible for
    Coverage of Immunosuppressive Drugs.--The Secretary shall, during
    September of each year (beginning with 2022), determine and promulgate
    a monthly premium rate for the succeeding calendar year for individuals
    enrolled only for the purpose of coverage of immunosuppressive drugs
    under section 1836(b). Such premium shall be equal to 15 percent of the
    monthly actuarial rate for enrollees age 65 and over (as would be
    determined in accordance with subsection (a)(1) if the reference to
    `one-half' in such subsection were a reference to `100 percent') for
    that succeeding calendar year. The monthly premium of each individual
    enrolled for coverage of immunosuppressive drugs under section 1836(b)
    for each month shall be the amount promulgated in this subsection. In
    the case of such individual not otherwise enrolled under this part,
    such premium shall be in lieu of any other monthly premium applicable
    under this section. Such amount shall be adjusted in accordance with
    subsections (c), (f), and (i), but shall not be adjusted under
    subsection (b).''.
                (2) Special rule for application of hold harmless
            provisions to transitioning individuals.--Section 1839(f) of
            the Social Security Act (42 U.S.C. 1395r(f)) is amended by
            adding at the end the following new sentence: ``Any increase in
            the premium for an individual who was enrolled under section
            1836(b) attributable to such individual otherwise enrolling
            under this part shall not be taken into account in applying
            this subsection.''.
                (3) Special rule for application of premium subsidy
            reduction provisions.--Section 1839(i)(3)(A)(ii)(II) of the
            Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)(II)) is
            amended by inserting ``(or, with respect to an individual
            enrolled under section 1836(b) and not otherwise enrolled under
            this part, 0 times the amount of such increase)'' after ``in
            the year''.
        (e) Government Contribution.--Section 1844(a) of the Social
    Security Act (42 U.S.C. 1395w(a)) is amended--
                (1) in paragraph (3), by striking the period at the end and
            inserting ``; plus'';
                (2) by inserting after paragraph (3) the following new
            paragraph:
                ``(4) a Government contribution equal to the estimated
            aggregate reduction in premiums payable under part B that
            results from establishing the premium at 15 percent of the
            actuarial rate (as would be determined in accordance with
            section 1839(a)(1) if the reference to `one-half' in such
            section were a reference to `100 percent') under section
            1839(j) instead of 25 percent of such rate (as so determined)
            for individuals enrolled only for the purpose of coverage of
            immunosuppressive drugs under section 1836(b).''; and
                (3) by adding the following sentence at the end of the
            flush matter following paragraph (4), as added by paragraph (2)
            of this subsection:
            ``The Government contribution under paragraph (4) shall be
            treated as premiums payable and deposited for purposes of
            subparagraphs (A) and (B) of paragraph (1).''.
        (f) Ensuring Coverage Under the Medicare Savings Program.--
                (1) In general.--Section 1905(p)(1)(A) of the Social
            Security Act (42 U.S.C. 1396d(p)(1)(A)) is amended by inserting
            ``or who is enrolled under part B for the purpose of coverage
            of immunosuppressive drugs under section 1836(b)'' after
            ``under section 1818A)''.
                (2) Conforming amendments.--Section 1902(a)(10)(E) of the
            Social Security Act (42 U.S.C. 1396a(a)(10)(E)) is amended in
            each of clauses (iii) and (iv) by inserting ``(including such
            individuals enrolled under section 1836(b))'' after ``section
            1905(p)(1)''.
        (g) Part D.--Section 1860D-1(a)(3)(A) of the Social Security Act
    (42 U.S.C. 1395w-101(a)(3)(A)) is amended by inserting ``(but not
    including an individual enrolled solely for coverage of
    immunosuppressive drugs under section 1836(b))'' before the period at
    the end.
        (h) GAO Study and Report.--
                (1) Study.--The Comptroller General of the United States
            (in this subsection referred to as the ``Comptroller General'')
            shall conduct a study on the implementation of coverage of
            immunosuppressive drugs for kidney transplant patients under
            the Medicare program pursuant to the provisions of, and
            amendments made by, this section.
                (2) Report.--Not later than January 1, 2025, the
            Comptroller General shall submit to Congress a report on the
            study conducted under paragraph (1), together with
            recommendations as the Comptroller General determines
            appropriate.

    SEC. 403. PERMITTING DIRECT PAYMENT TO PHYSICIAN ASSISTANTS UNDER
                  MEDICARE.

        Section 1842(b)(6)(C) of the Social Security Act (42 U.S.C.
    1395u(b)(6)(C)) is amended, in the matter preceding clause (i), by
    inserting ``for such services furnished before January 1, 2022,'' after
    ``1861(s)(2)(K),''.

    SEC. 404. 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 ``2025'' and inserting
            ``2030''; and
                (2) in clause (iii), by striking ``2025'' and inserting
            ``2030''.

    SEC. 405. SPECIAL RULE FOR DETERMINATION OF ASP IN CASES OF CERTAIN
                  NONCOVERED SELF-ADMINISTERED DRUG PRODUCTS.

        Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is
    amended by redesignating subsection (g) as subsection (h) and by
    inserting after subsection (f) the following:
        ``(g) Payment Adjustment for Certain Drugs for Which There Is a
    Self-administered NDC.--
                ``(1) OIG studies.--The Inspector General of the Department
            of Health and Human Services shall conduct periodic studies to
            identify National Drug Codes for drug or biological products
            that are self-administered for which payment may not be made
            under this part because such products are not covered pursuant
            to section 1861(s)(2) and which the Inspector General
            determines (based on the same or similar methodologies to the
            methodologies used in the final recommendation followup report
            of the Inspector General described in paragraph (3) or in the
            November 2017 final report of the Inspector General entitled
            `Excluding Noncovered Versions When Setting Payment for Two
            Part B Drugs Would Have Resulted in Lower Drug Costs for
            Medicare and its Beneficiaries') should be excluded from the
            determination of the payment amount under this section.
                ``(2) Payment adjustment.--If the Inspector General
            identifies a National Drug Code for a drug or biological
            product under paragraph (1), the Inspector General shall inform
            the Secretary (at such times as the Secretary may specify to
            carry out this paragraph) and the Secretary shall, to the
            extent the Secretary deems appropriate, apply as the amount of
            payment under this section for the applicable billing and
            payment code the lesser of--
                        ``(A) the amount of payment that would be
                    determined under this section for such billing and
                    payment code if such National Drug Code for such
                    product so identified under paragraph (1) were excluded
                    from such determination; or
                        ``(B) the amount of payment otherwise determined
                    under this section for such billing and payment code
                    without application of this subsection.
                ``(3) Application to certain identified products.--In the
            case of a National Drug Code for a drug or biological product
            that is self-administered for which payment is not made under
            this part because such product is not covered pursuant to
            section 1861(s)(2) that was identified by the Inspector General
            of the Department of Health and Human Services in the final
            recommendation followup report of the Inspector General
            published July 2020, entitled Loophole in Drug Payment Rule
            Continues To Cost Medicare and Beneficiaries Hundreds of
            Millions of Dollars, beginning July 1, 2021, the amount of
            payment under this section for the applicable billing and
            payment code shall be the lesser of--
                        ``(A) the amount of payment that would be
                    determined under this section for such billing and
                    payment code if such National Drug Code for such drug
                    or biological products so identified were excluded from
                    such determination; or
                        ``(B) the amount of payment otherwise determined
                    under this section for such billing and payment code
                    without application of this subsection.''.

    SEC. 406. MEDICAID IMPROVEMENT FUND.

        Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 1396w-
    1(b)(3)(A)), as amended by section 1303 of the Further Continuing
    Appropriations Act, 2021, and Other Extensions Act, is amended by
    striking `` $3,464,000,000'' and inserting `` $0''.

    SEC. 407. ESTABLISHING HOSPICE PROGRAM SURVEY AND ENFORCEMENT
                  PROCEDURES UNDER THE MEDICARE PROGRAM.

        (a) Survey and Enforcement Procedures.--
                (1) In general.--Part A of title XVIII of the Social
            Security Act (42 U.S.C. 1395c et seq.) is amended by adding at
            the end the following new section:

    ``SEC. 1822. HOSPICE PROGRAM SURVEY AND ENFORCEMENT PROCEDURES.

        ``(a) Surveys.--
                ``(1) Frequency.--Any entity that is certified as a hospice
            program (as defined in section 1861(dd)(2)) shall be subject to
            a standard survey by an appropriate State or local survey
            agency, or an approved accreditation agency, as determined by
            the Secretary, not less frequently than once every 36 months.
                ``(2) Public transparency of survey and certification
            information.--
                        ``(A) Submission of information to the secretary.--
                                ``(i) In general.--Each State or local
                            survey agency, and each national accreditation
                            body with respect to which the Secretary has
                            made a finding under section 1865(a) respecting
                            the accreditation of a hospice program by such
                            body, shall submit, in a form and manner, and
                            at a time, specified by the Secretary for
                            purposes of this paragraph, information
                            respecting any survey or certification made
                            with respect to a hospice program by such
                            survey agency or body, as applicable. Such
                            information shall include any inspection report
                            made by such survey agency or body with respect
                            to such survey or certification, any
                            enforcement actions taken as a result of such
                            survey or certification, and any other
                            information determined appropriate by the
                            Secretary.
                                ``(ii) Required inclusion of specified
                            form.--With respect to a survey under this
                            subsection carried out by a national
                            accreditation body described in clause (i) on
                            or after October 1, 2021, information described
                            in such clause shall include Form CMS-2567 (or
                            a successor form), along with such additional
                            information determined appropriate by such
                            body.
                        ``(B) Public disclosure of information.--Beginning
                    not later than October 1, 2022, the Secretary shall
                    publish the information submitted under subparagraph
                    (A) on the public website of the Centers for Medicare &
                    Medicaid Services in a manner that is prominent, easily
                    accessible, readily understandable, and searchable. The
                    Secretary shall provide for the timely update of such
                    information so published.
                ``(3) Consistency of surveys.--Each State and the Secretary
            shall implement programs to measure and reduce inconsistency in
            the application of survey results among surveyors.
                ``(4) Survey teams.--
                        ``(A) In general.--In the case of a survey
                    conducted under this subsection on or after October 1,
                    2021, by more than 1 individual, such survey shall be
                    conducted by a multidisciplinary team of professionals
                    (including a registered professional nurse).
                        ``(B) Prohibition of conflicts of interest.--
                    Beginning October 1, 2021, a State may not use as a
                    member of a survey team under this subsection an
                    individual who is serving (or has served within the
                    previous 2 years) as a member of the staff of, or as a
                    consultant to, the program surveyed respecting
                    compliance with the requirements of section 1861(dd) or
                    who has a personal or familial financial interest in
                    the program being surveyed.
                        ``(C) Training.--The Secretary shall provide, not
                    later than October 1, 2021, for the comprehensive
                    training of State and Federal surveyors, and any
                    surveyor employed by a national accreditation body
                    described in paragraph (2)(A)(i), in the conduct of
                    surveys under this subsection, including training with
                    respect to the review of written plans for providing
                    hospice care (as described in section 1814(a)(7)(B)).
                    No individual shall serve as a member of a survey team
                    with respect to a survey conducted on or after such
                    date unless the individual has successfully completed a
                    training and testing program in survey and
                    certification techniques that has been approved by the
                    Secretary.
                ``(5) Funding.--The Secretary shall provide for the
            transfer, from the Federal Hospital Insurance Trust Fund under
            section 1817 to the Centers for Medicare & Medicaid Services
            Program Management Account, of $10,000,000 for each fiscal year
            (beginning with fiscal year 2022) for purposes of carrying out
            this subsection and subsection (b). Sums so transferred shall
            remain available until expended. Any transfer pursuant to this
            paragraph shall be in addition to any transfer pursuant to
            section 3(a)(2) of the Improving Medicare Post-Acute Care
            Transformation Act of 2014.
        ``(b) Special Focus Program.--
                ``(1) In general.--The Secretary shall conduct a special
            focus program for enforcement of requirements for hospice
            programs that the Secretary has identified as having
            substantially failed to meet applicable requirements of this
            Act.
                ``(2) Periodic surveys.--Under such special focus program,
            the Secretary shall conduct surveys of each hospice program in
            the special focus program not less than once every 6 months.
        ``(c) Enforcement.--
                ``(1) Situations involving immediate jeopardy.--If the
            Secretary determines on the basis of a standard survey or
            otherwise that a hospice program that is certified for
            participation under this title is no longer in compliance with
            the requirements specified in section 1861(dd) and determines
            that the deficiencies involved immediately jeopardize the
            health and safety of the individuals to whom the program
            furnishes items and services, the Secretary shall take
            immediate action to ensure the removal of the jeopardy and
            correction of the deficiencies or terminate the certification
            of the program, and may provide, in addition, for 1 or more of
            the other remedies described in paragraph (5)(B).
                ``(2) Situations not involving immediate jeopardy.--If the
            Secretary determines on the basis of a standard survey or
            otherwise that a hospice program that is certified for
            participation under this title is no longer in compliance with
            the requirements specified in section 1861(dd) and determines
            that the deficiencies involved do not immediately jeopardize
            the health and safety of the individuals to whom the program
            furnishes items and services, the Secretary may (for a period
            not to exceed 6 months) impose remedies developed pursuant to
            paragraph (5)(A), in lieu of terminating the certification of
            the program. If, after such a period of remedies, the program
            is still no longer in compliance with such requirements, the
            Secretary shall terminate the certification of the program.
                ``(3) Penalty for previous noncompliance.--If the Secretary
            determines that a hospice program that is certified for
            participation under this title is in compliance with the
            requirements specified in section 1861(dd) but, as of a
            previous period, did not meet such requirements, the Secretary
            may provide for a civil money penalty under paragraph (5)(B)(i)
            for the days in which the Secretary finds that the program was
            not in compliance with such requirements.
                ``(4) Option to continue payments for noncompliant hospice
            programs.--The Secretary may continue payments under this title
            with respect to a hospice program not in compliance with the
            requirements specified in section 1861(dd) over a period of not
            longer than 6 months, if--
                        ``(A) the State or local survey agency finds that
                    it is more appropriate to take alternative action to
                    assure compliance of the program with such requirements
                    than to terminate the certification of the program;
                        ``(B) the program has submitted a plan and
                    timetable for corrective action to the Secretary for
                    approval and the Secretary approves the plan of
                    corrective action; and
                        ``(C) the program agrees to repay to the Federal
                    Government payments received under this title during
                    such period if the corrective action is not taken in
                    accordance with the approved plan and timetable.
            The Secretary shall establish guidelines for approval of
            corrective actions requested by hospice programs under this
            paragraph.
                ``(5) Remedies.--
                        ``(A) Development.--
                                ``(i) In general.--Not later than October
                            1, 2022, the Secretary shall develop and
                            implement--
                                        ``(I) a range of remedies to apply
                                    to hospice programs under the
                                    conditions described in paragraphs (1)
                                    through (4); and
                                        ``(II) appropriate procedures for
                                    appealing determinations relating to
                                    the imposition of such remedies.
                            Remedies developed pursuant to the preceding
                            sentence shall include the remedies specified
                            in subparagraph (B).
                                ``(ii) Conditions of imposition of
                            remedies.--Not later than October 1, 2022, the
                            Secretary shall develop and implement specific
                            procedures with respect to the conditions under
                            which each of the remedies developed under
                            clause (i) is to be applied, including the
                            amount of any fines and the severity of each of
                            these remedies. Such procedures shall be
                            designed so as to minimize the time between
                            identification of deficiencies and imposition
                            of these remedies and shall provide for the
                            imposition of incrementally more severe fines
                            for repeated or uncorrected deficiencies.
                        ``(B) Specified remedies.--The remedies specified
                    in this subparagraph are the following:
                                ``(i) Civil money penalties in an amount
                            not to exceed $10,000 for each day of
                            noncompliance by a hospice program with the
                            requirements specified in section 1861(dd).
                                ``(ii) Suspension of all or part of the
                            payments to which a hospice program would
                            otherwise be entitled under this title with
                            respect to items and services furnished by a
                            hospice program on or after the date on which
                            the Secretary determines that remedies should
                            be imposed pursuant to paragraphs (1) and (2).
                                ``(iii) The appointment of temporary
                            management to oversee the operation of the
                            hospice program and to protect and assure the
                            health and safety of the individuals under the
                            care of the program while improvements are made
                            in order to bring the program into compliance
                            with all such requirements.
                        ``(C) Procedures.--
                                ``(i) Civil money penalties.--
                                        ``(I) In general.--Subject to
                                    subclause (II), the provisions of
                                    section 1128A (other than subsections
                                    (a) and (b)) shall apply to a civil
                                    money penalty under this subsection in
                                    the same manner as such provisions
                                    apply to a penalty or proceeding under
                                    section 1128A(a).
                                        ``(II) Retention of amounts for
                                    hospice program improvements.--The
                                    Secretary may provide that any portion
                                    of civil money penalties collected
                                    under this subsection may be used to
                                    support activities that benefit
                                    individuals receiving hospice care,
                                    including education and training
                                    programs to ensure hospice program
                                    compliance with the requirements of
                                    section 1861(dd).
                                ``(ii) Suspension of payment.--A finding to
                            suspend payment under subparagraph (B)(ii)
                            shall terminate when the Secretary finds that
                            the program is in substantial compliance with
                            all requirements of section 1861(dd).
                                ``(iii) Temporary management.--The
                            temporary management under subparagraph
                            (B)(iii) shall not be terminated until the
                            Secretary has determined that the program has
                            the management capability to ensure continued
                            compliance with all the requirements referred
                            to in such subparagraph.
                        ``(D) Relationship to other remedies.--The remedies
                    developed under subparagraph (A) are in addition to
                    sanctions otherwise available under State or Federal
                    law and shall not be construed as limiting other
                    remedies, including any remedy available to an
                    individual at common law.''.
                (2) Availability of hospice accreditation surveys.--Section
            1865(b) of the Social Security Act (42 U.S.C. 1395bb(b)) is
            amended by inserting ``or, beginning on the date of the
            enactment of the Consolidated Appropriations Act, 2021, a
            hospice program'' after ``home health agency''.
                (3) State provision of hospice program information.--
                        (A) In general.--Section 1864(a) of the Social
                    Security Act (42 U.S.C. 1395aa(a)) is amended in the
                    sixth sentence--
                                (i) by inserting ``and hospice programs''
                            after ``information on home health agencies'';
                                (ii) by inserting ``or the hospice
                            program'' after ``the home health agency'';
                                (iii) by inserting ``or the hospice
                            program'' after ``with respect to the agency'';
                            and
                                (iv) by inserting ``and hospice programs''
                            after ``with respect to home health agencies''.
                        (B) Effective date.--The amendments made by
                    subparagraph (A) shall apply with respect to agreements
                    entered into on or after, or in effect as of, the date
                    that is 1 year after the date of the enactment of this
                    Act.
                (4) Conforming amendments.--
                        (A) Definition of a hospice program.--Section
                    1861(dd)(4) of the Social Security Act (42 U.S.C.
                    1395x(dd)(4)) is amended by striking subparagraph (C).
                        (B) Continuation of funding.--Section 3(a)(2) of
                    the Improving Medicare Post-Acute Care Transformation
                    Act of 2014 is amended by inserting ``and section
                    1822(a)(1) of such Act,'' after ``as added by paragraph
                    (1),''.
        (b) Increasing Payment Reductions for Failure to Meet Quality Data
    Reporting Requirements.--Section 1814(i)(5)(A)(i) of the Social
    Security Act (42 U.S.C. 1395f(i)(5)(A)(i)) is amended by inserting
    ``(or, for fiscal year 2024 and each subsequent fiscal year, 4
    percentage points)'' before the period.
        (c) Report.--Not later than 36 months after the date of the
    enactment of this Act, the Comptroller General of the United States
    shall submit to Congress a report containing an analysis of the effects
    of the amendments made by subsection (a), including the frequency of
    application of remedies specified in section 1822(c)(5)(B) of the
    Social Security Act (as added by such subsection), on access to, and
    quality of, care furnished by hospice programs under part A of title
    XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).

    SEC. 408. MEDICARE IMPROVEMENT FUND.

        Section 1898(b)(1) of the Social Security Act (42 U.S.C.
    1395iii(b)(1)) is amended by striking `` $0'' and inserting ``
    $165,000,000''.

                             TITLE V--MISCELLANEOUS

    SEC. 501. IMPLEMENTATION FUNDING.

        For purposes of carrying out the provisions of, and the amendments
    made by, titles I, II, and IV, in addition to any funds otherwise made
    available, there are appropriated from amounts in the Treasury not
    otherwise appropriated, $37,000,000 to the Centers for Medicare &
    Medicaid Services Program Management Account for fiscal year 2021, to
    remain available until expended.

                DIVISION DD--MONTANA WATER RIGHTS PROTECTION ACT

    SEC. 1. SHORT TITLE.

        This division may be cited as the ``Montana Water Rights Protection
    Act''.

    SEC. 2. PURPOSES.

        The purposes of this Act are--
                (1) to achieve a fair, equitable, and final settlement of
            claims to water rights in the State of Montana, and in
            recognition of article I, and section 3 of article IX, of the
            Montana State Constitution for--
                        (A) the Confederated Salish and Kootenai Tribes of
                    the Flathead Indian Reservation; and
                        (B) the United States, for the benefit of the
                    Tribes and allottees;
                (2) to authorize, ratify, and confirm the water rights
            compact entered into by the Tribes and the State, to the extent
            that the Compact is consistent with this Act;
                (3) to authorize and direct the Secretary of the Interior--
                        (A) to execute the Compact; and
                        (B) to take any other action necessary to carry out
                    the Compact in accordance with this Act; and
                (4) to authorize funds necessary for the implementation
            of--
                        (A) the Compact; and
                        (B) this Act.

    SEC. 3. DEFINITIONS.

        (a) In General.--In this Act:
                (1) Allottee.--The term ``allottee'' means an individual
            who holds a beneficial real property interest in an allotment
            of Indian land that is--
                        (A) located within the Reservation; and
                        (B) held in trust by the United States.
                (2) Bison.--The term ``bison'' means North American plains
            bison.
                (3) Compact.--The term ``Compact'' means--
                        (A) the water rights compact entered into and
                    ratified, as applicable, by the Confederated Salish and
                    Kootenai Tribes, the State, and the United States, as
                    contained in section 85-20-1901 of the Montana Code
                    Annotated (2019), including--
                                (i) any appendix or exhibit to that
                            compact; and
                                (ii) any modifications authorized by that
                            compact; and
                        (B) any amendment to the compact referred to in
                    subparagraph (A) (including an amendment to an appendix
                    or exhibit) that is--
                                (i) executed to ensure that the Compact is
                            consistent with this Act; or
                                (ii) otherwise authorized by the Compact
                            and this Act.
                (4) Enforceability date.--The term ``enforceability date''
            means the date described in section 10(b).
                (5) Flathead indian irrigation project.--
                        (A) In general.--The term ``Flathead Indian
                    irrigation project'' means the Federal irrigation
                    project developed by the United States to irrigate land
                    within the Reservation pursuant to--
                                (i) the Act of April 23, 1904 (33 Stat.
                            302, chapter 1495); and
                                (ii) the Act of May 29, 1908 (35 Stat. 444,
                            chapter 216).
                        (B) Inclusions.--The term ``Flathead Indian
                    irrigation project'' includes--
                                (i) all land and any reservoir, easement,
                            right-of-way, canal, ditch, lateral, or any
                            other facility of the project referred to in
                            subparagraph (A) (regardless of location on or
                            off the Reservation); and
                                (ii) any headgate, pipeline, pump,
                            building, heavy equipment, vehicle, supplies,
                            record, copy of a record, or any other
                            physical, tangible object of real or personal
                            property used in the management and operation
                            of the project referred to in subparagraph (A).
                (6) Hungry horse dam.--The term ``Hungry Horse Dam'' means
            the dam that is a part of the Hungry Horse Project.
                (7) Hungry horse project.--The term ``Hungry Horse
            Project'' means the project authorized to be carried out by the
            Secretary under the Act of June 5, 1944 (43 U.S.C. 593a et
            seq.).
                (8) Hungry horse reservoir.--The term ``Hungry Horse
            Reservoir'' means the reservoir that is a part of the Hungry
            Horse Project.
                (9) Indian tribe.--The term ``Indian tribe'' has the
            meaning given the term in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304).
                (10) Law of administration.--The term ``Law of
            Administration'' means the Unitary Administration and
            Management Ordinance, as set forth in Appendix 4 to the
            Compact.
                (11) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.
                (12) State.--
                        (A) In general.--The term ``State'' means the State
                    of Montana.
                        (B) Inclusions.--The term ``State'' includes all
                    officers, agencies, departments, and political
                    subdivisions of the State.
                (13) Tribal water right.--The term ``Tribal Water Right''
            means the water right of the Tribes, as established in--
                        (A) the Compact; and
                        (B) this Act.
                (14) Tribes.--
                        (A) In general.--The term ``Tribes'' means the
                    Confederated Salish and Kootenai Tribes of the Flathead
                    Reservation of Montana.
                        (B) Inclusions.--The term ``Tribes'' includes all
                    officers, agencies, and departments of the Tribes.
                (15) Trust fund.--The term ``Trust Fund'' means the Selis-
            Qlispe Ksanka Settlement Trust Fund established under section
            8(a).
        (b) Definitions of Certain Terms.--Any term used but not defined in
    this Act, including the terms ``Existing Use'', ``Historic Farm
    Deliveries'', ``Instream Flow'', ``Minimum Reservoir Pool Elevations'',
    and ``Reservation'', shall have the meaning given the term in article
    II of the Compact.

    SEC. 4. RATIFICATION OF COMPACT.

        (a) Ratification.--
                (1) In general.--As modified by this Act, the Compact is
            authorized, ratified, and confirmed.
                (2) Amendments.--Any amendment to the Compact is
            authorized, ratified, and confirmed, to the extent that such an
            amendment--
                        (A) is executed to ensure that the Compact is
                    consistent with this Act; or
                        (B)(i) is approved by the Secretary;
                        (ii) concerns nonmonetary matters; and
                        (iii) does not affect the water rights of the
                    Tribes determined in the Compact, or any other property
                    held in trust by the United States on behalf of the
                    Tribes or allottees.
                (3) Modifications.--Nothing in this Act--
                        (A) precludes the Secretary from approving a
                    modification to the Compact, including an appendix or
                    exhibit to the Compact, that is consistent with this
                    Act; or
                        (B) authorizes amendments or modifications that
                    otherwise require congressional approval under--
                                (i) section 2116 of the Revised Statutes
                            (25 U.S.C. 177); or
                                (ii) any other applicable Federal law.
        (b) Execution.--To the extent that the Compact does not conflict
    with this Act, the Secretary shall execute the Compact, including all
    exhibits to, appendices to, and parts of the Compact requiring the
    signature of the Secretary.
        (c) Environmental Compliance.--
                (1) In general.--In implementing the Compact and this Act,
            the Secretary and the Tribes shall ensure compliance with--
                        (A) the Endangered Species Act of 1973 (16 U.S.C.
                    1531 et seq.);
                        (B) the National Environmental Policy Act of 1969
                    (42 U.S.C. 4321 et seq.); and
                        (C) all other applicable environmental laws
                    (including regulations).
                (2) Performance of compliance activities.--The Secretary
            and the Tribes shall perform appropriate Federal environmental
            compliance activities relating to any activity undertaken by
            the Secretary or Tribes pursuant to this Act prior to
            commencement of that activity.
                (3) Effect of execution.--
                        (A) In general.--The execution of the Compact by
                    the Secretary under this section shall not constitute a
                    major Federal action for purposes of the National
                    Environmental Policy Act of 1969 (42 U.S.C. 4321 et
                    seq.).
                        (B) Compliance.--The Secretary shall ensure
                    compliance with all Federal laws and regulations
                    necessary to implement the Compact and this Act.
        (d) Public Availability.--As provided in articles IV.I.b (relating
    to hearings), IV.I.c (relating to the employment of a water engineer),
    and IV.I.7.e (relating to Board records) of the Compact, and in
    recognition of section 9 of article II of the Montana State
    Constitution, all records of the Flathead Reservation Water Management
    Board and the Water Engineer employed by the Board shall be open to
    public inspection.

    SEC. 5. TRIBAL WATER RIGHT.

        (a) Intent of Congress.--It is the intent of Congress to provide to
    each allottee benefits that are equivalent to, or that exceed, the
    benefits possessed by allottees on the day before the date of enactment
    of this Act, taking into consideration--
                (1) the potential risks, cost, and time delay associated
            with litigation that would be resolved by the Compact and this
            Act;
                (2) the availability of funding under this Act and from
            other sources;
                (3) the availability of water from the Tribal Water Right;
            and
                (4) the applicability of section 7 of the Act of February
            8, 1887 (25 U.S.C. 381), and this Act to protect the interests
            of allottees.
        (b) Confirmation of Tribal Water Right.--
                (1) In general.--The Tribal Water Right is ratified,
            confirmed, and declared to be valid.
                (2) Use.--Any use of the Tribal Water Right shall be
            subject to the terms and conditions of--
                        (A) the Compact; and
                        (B) this Act.
                (3) Conflict.--In the event of a conflict between the
            Compact and this Act, the provisions of this Act shall control.
        (c) Trust Status of Tribal Water Right.--The Tribal Water Right--
                (1) shall be held in trust by the United States for the use
            and benefit of the Tribes and allottees in accordance with this
            Act; and
                (2) shall not be subject to forfeiture or abandonment.
        (d) Allottees.--
                (1) Applicability of act of february 8, 1887.--The
            provisions of section 7 of the Act of February 8, 1887 (25
            U.S.C. 381), relating to the use of water for irrigation
            purposes shall apply to the Tribal Water Right.
                (2) Entitlements to water.--
                        (A) In general.--Any entitlement to water of an
                    allottee under Federal law shall be satisfied from the
                    Tribal Water Right.
                        (B) Water for irrigation.--Each allottee shall be
                    entitled to a just and equitable allocation of water
                    for irrigation purposes, to be enforceable under
                    paragraph (3)(B).
                (3) Claims.--
                        (A) Exhaustion of remedies.--Before asserting any
                    claim against the United States under section 7 of the
                    Act of February 8, 1887 (25 U.S.C. 381), or any other
                    applicable law, an allottee shall exhaust remedies
                    available under--
                                (i) the Law of Administration; or
                                (ii) other applicable Tribal law.
                        (B) Water for irrigation.--After the exhaustion of
                    all remedies available under the Law of Administration
                    or other applicable Tribal law, an allottee may seek
                    relief under section 7 of the Act of February 8, 1887
                    (25 U.S.C. 381), or other applicable law, to seek a
                    just and equitable allocation of water for irrigation
                    purposes under paragraph (2)(B).
                (4) Authority of secretary.--The Secretary shall have the
            authority to protect the rights of allottees in accordance with
            this section.
        (e) Authority of Tribes.--
                (1) In general.--The Tribes shall have the authority to
            allocate, distribute, and lease the Tribal Water Right for any
            use on the Reservation in accordance with--
                        (A) the Compact;
                        (B) the Law of Administration;
                        (C) this Act; and
                        (D) applicable Federal law.
                (2) Off-reservation use.--The Tribes may allocate,
            distribute, and lease the Tribal Water Right for off-
            Reservation use in the State in accordance with the Compact,
            subject to the approval of the Secretary.
                (3) Land leases by allottees.--Notwithstanding paragraph
            (1), an allottee may lease any interest in land held by the
            allottee, together with any water right determined to be
            appurtenant to the interest in land, in accordance with the Law
            of Administration.
        (f) Law of Administration.--
                (1) In general.--During the period beginning on the date of
            enactment of this Act and ending on the date on which the Law
            of Administration becomes effective on the Reservation, the
            Secretary shall administer, with respect to the rights of
            allottees, the Tribal Water Right in accordance with this Act.
                (2) Approval.--
                        (A) In general.--The Law of Administration is
                    approved.
                        (B) Registrations.--As provided in sections 3 and 4
                    of article IX of the Montana State Constitution and
                    section 1-1-108 of the Law of Administration, all water
                    rights and changes of use authorized under the Law of
                    Administration, including all registrations required by
                    sections 2-1-101 through 2-1-107, shall be provided to
                    the department of natural resources and conservation of
                    the State, to be entered into the water rights database
                    of the department.
                (3) Amendments.--
                        (A) In general.--An otherwise valid amendment to
                    the Law of Administration that affects a right of an
                    allottee shall not be effective unless the amendment is
                    approved by the Secretary in accordance with this
                    subsection.
                        (B) Approval period.--
                                (i) In general.--Subject to clause (ii),
                            the Secretary shall approve or disapprove an
                            amendment to the Law of Administration not
                            later than 180 days after the date of
                            ratification of the amendment by the Tribes and
                            the State.
                                (ii) Extension.--The deadline described in
                            clause (i) may be extended by the Secretary
                            after consultation with the Tribes.
                (4) Conflict.--In the event of a conflict between the Law
            of Administration and this Act, the provisions of this Act
            shall control.
        (g) Administration.--
                (1) Alienation.--The Tribes shall not permanently alienate
            any portion of the Tribal Water Right.
                (2) Purchases or grants of land from indians.--An
            authorization provided by this Act for an allocation,
            distribution, lease, or any other arrangement shall be
            considered to satisfy any requirement for authorization of the
            action by treaty or convention under section 2116 of the
            Revised Statutes (25 U.S.C. 177).
                (3) Prohibition on forfeiture.--The nonuse of all, or any
            portion of, the Tribal Water Right by a lessee or contractor
            shall not result in the forfeiture, abandonment,
            relinquishment, or other loss of all, or any portion of, the
            Tribal Water Right.
        (h) Effect.--Except as otherwise expressly provided in this
    section, nothing in this Act--
                (1) authorizes any action by an allottee against any
            individual or entity, or against the Tribes, under Federal,
            State, Tribal, or local law; or
                (2) alters or affects the status of any action brought
            pursuant to section 1491(a) of title 28, United States Code.

    SEC. 6. STORAGE ALLOCATION FROM HUNGRY HORSE RESERVOIR.

        (a) Storage Allocation to Tribes.--
                (1) In general.--Subject to paragraph (2), the Secretary
            shall allocate to the Tribes 90,000 acre-feet per year, as
            measured at the Hungry Horse Dam, of storage water in Hungry
            Horse Reservoir for use by the Tribes for any beneficial
            purpose on or off the Reservation under a water right held by
            the United States and managed by the Bureau of Reclamation.
                (2) Limitations.--The allocation under paragraph (1) shall
            be subject to--
                        (A) Appendix 7 to the Compact, entitled ``Flathead
                    Basin Tribal Depletions Study'', prepared by the Bureau
                    of Reclamation, and dated September 2012; and
                        (B) Appendix 8 to the Compact, entitled ``Hungry
                    Horse Reservoir, Montana: Biological Impact Evaluation
                    and Operational Constraints for a proposed 90,000-acre-
                    foot withdrawal'', prepared by the State, as revised on
                    September 14, 2011.
        (b) Treatment.--
                (1) In general.--The allocation under subsection (a) shall
            be considered to be part of the Tribal Water Right.
                (2) Administration.--The Tribes shall administer the water
            allocated under subsection (a) in accordance with, and subject
            to the limitations of, the Compact and this Act.
        (c) Allocation Agreement.--
                (1) In general.--As a condition of receiving the allocation
            under subsection (a), the Tribes shall enter into an agreement
            with the Secretary to establish the terms and conditions of the
            allocation, in accordance with the Compact and this Act.
                (2) Inclusions.--The agreement under paragraph (1) shall
            include provisions establishing that--
                        (A) the agreement shall be without a limit as to a
                    term;
                        (B) the Tribes, and not the United States, shall be
                    entitled to all consideration due to the Tribes under
                    any lease, contract, or agreement entered into by the
                    Tribes pursuant to subsection (d);
                        (C) the United States shall have no obligation to
                    monitor, administer, or account for--
                                (i) any funds received by the Tribes as
                            consideration under any lease, contract, or
                            agreement entered into by the Tribes pursuant
                            to subsection (d); or
                                (ii) the expenditure of those funds;
                        (D) if the capacity or function of any facility of
                    Hungry Horse Reservoir or Hungry Horse Dam is
                    significantly reduced, or is anticipated to be
                    significantly reduced, for an extended period of time,
                    the Tribes shall have the same storage rights as other
                    storage contractors with respect to the allocation
                    under subsection (a);
                        (E) the costs associated with the construction and
                    operation of the storage facilities at Hungry Horse
                    Reservoir and Hungry Horse Dam allocable to the Tribes
                    shall be nonreimbursable;
                        (F) no water service capital charge shall be due or
                    payable for the agreement or any water allocated under
                    subsection (a), regardless of whether that water is
                    delivered for use by the Tribes or under a lease,
                    contract, or by an agreement entered into by the Tribes
                    pursuant to subsection (d);
                        (G) the Tribes shall not be required to make
                    payments to the United States for the agreement or any
                    water allocated under subsection (a), except for each
                    acre-foot of stored water leased or transferred for
                    industrial purposes;
                        (H) for each acre-foot of stored water leased by
                    the Tribes for industrial purposes--
                                (i) the Tribes shall pay annually to the
                            United States an amount sufficient to cover the
                            proportionate share of the annual operation,
                            maintenance, and replacement costs for the
                            Hungry Horse Project allocable to that quantity
                            of water; and
                                (ii) the annual payments of the Tribes
                            shall be reviewed and adjusted, as appropriate,
                            to reflect the actual operation, maintenance,
                            and replacement costs for the Hungry Horse
                            Project; and
                        (I) the costs described in subparagraphs (G) and
                    (H) shall not apply to any lease or transfer for
                    industrial purposes to--
                                (i) any entity of the Tribes; or
                                (ii) any entity wholly owned by the Tribes.
        (d) Agreements by Tribes.--The Tribes may use, lease, contract,
    exchange, or enter into other agreements for use of the water allocated
    under subsection (a) if--
                (1) the water that is the subject of the agreement is used
            within the Flathead Basin or the Clark Fork Basin within the
            State; and
                (2) the agreement does not permanently alienate any portion
            of water allocated under subsection (a).
        (e) Mitigation Water.--Notwithstanding section 5(e)(2), the Tribes
    shall make available for lease not more than 11,000 acre-feet per year
    of the water allocated under subsection (a), in accordance with the
    Compact.
        (f) No Carryover Storage.--The allocation under subsection (a)
    shall not be increased by any year-to-year carryover storage.
        (g) Development and Delivery Costs.--The United States shall not be
    required to pay the cost of developing or delivering any water
    allocated under subsection (a).
        (h) New Uses.--Except as provided in article III.C.1.c of the
    Compact, the Tribes shall not develop any new use for the allocation
    under subsection (a) until the date on which the agreement entered into
    under subsection (c) takes effect.
        (i) Effective Date.--The allocation under subsection (a) takes
    effect on the enforceability date.

    SEC. 7. IRRIGATION PROJECT-RELATED COMPACT IMPLEMENTATION.

        (a) Purposes.--The purposes of this section are--
                (1) to implement key provisions of the Compact regarding
            the Tribal Water Right by authorizing and carrying out the
            activities described in subsection (b) relative to components
            of the Flathead Indian irrigation project, in order--
                        (A) to conserve water resources, enhance fish and
                    wildlife habitat, especially habitat of threatened and
                    endangered species, and improve the movement of fish
                    through and around Flathead Indian irrigation project
                    facilities;
                        (B) to ensure that the necessary water supplies are
                    provided to protect Instream Flow, Existing Uses, and
                    Historic Farm Deliveries;
                        (C) to provide for the safe and efficient storage,
                    delivery, and routing of water; and
                        (D) to dedicate the water thereby saved through
                    modernization and rehabilitation activities to the
                    water rights of the Tribes for Instream Flow and
                    Minimum Reservoir Pool Elevations;
                (2) to require that, in carrying out the activities under
            subsection (b), the Secretary and the Tribes--
                        (A) are guided by existing studies commissioned by
                    the Secretary and the Tribes that identify current
                    facility conditions and describe future modernization
                    recommendations;
                        (B) recognize the need to maintain flexibility and
                    modify the guidance provided by the studies described
                    in subparagraph (A), as appropriate and consistent with
                    the processes established and entities designated in
                    the Compact; and
                        (C) carry out all such activities that can be
                    accomplished in a cost-effective manner and that are
                    consistent with the Compact; and
                (3) to ensure the prudent and knowledgeable conservation,
            management, and protection of the water resources of the
            Reservation through the activities described in subsection (b),
            which will ensure the protection of the Reservation as the
            permanent homeland of the Tribes in accordance with the treaty
            between the United States and the Tribes concluded at Hell Gate
            on July 16, 1855 (12 Stat. 975).
        (b) Activities.--Subject to the availability of appropriations, the
    Secretary, or on the request of the Tribes, the Tribes on behalf of the
    Secretary under title IV of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5361 et seq.), shall in accordance with
    subsection (c) carry out the following activities relating to the
    Flathead Indian irrigation project:
                (1) Rehabilitation and modernization.--
                        (A) Rehabilitation and modernization of structures,
                    canals, and pumping facilities, including dam safety
                    improvements, irrigation facility upgrades that improve
                    water management and operational control at irrigation
                    diversion works, and irrigation facility upgrades to
                    reduce losses in conveyance of water from irrigation
                    sources of supply to irrigation points of use, in
                    accordance with the Compact.
                        (B) Planning, design, and construction of
                    additional pumping facilities.
                        (C) Operational improvements to infrastructure
                    within the distribution network of the Flathead Indian
                    irrigation project.
                        (D) Reconstruction, replacement, and automation at
                    irrigation diversion works.
                        (E) Lining of open canals, and placement of open
                    canals in pipe.
                        (F) Fencing and physical project access
                    enhancements.
                (2) Mitigation, reclamation, and restoration.--
                        (A) Mitigation, reclamation, and restoration of
                    streams, wetlands, banks, slopes, and wasteways within,
                    appurtenant to, or affected by the Flathead Indian
                    irrigation project.
                        (B) The installation of screens, barriers,
                    passages, or ladders to prevent fish entrainment in
                    irrigation ditches and canals within, or appurtenant
                    to, the Flathead Indian irrigation project.
                (3) Acquisition of interests.--Acquisition of easements or
            other interests in real property necessary to carry out any
            activity under this section.
        (c) Environmental Compliance.--
                (1) In general.--Prior to the commencement of any activity
            under subsection (b), the Secretary, or the Tribes if the
            Tribes elect to perform the activities on behalf of the
            Secretary under title IV of the Indian Self-Determination and
            Education Assistance Act (25 U.S.C. 5361 et seq.), shall
            perform appropriate environmental, cultural, and historical
            compliance activities relating to the activity, including to
            ensure compliance with--
                        (A) the National Environmental Policy Act of 1969
                    (42 U.S.C. 4321 et seq.); and
                        (B) division A of subtitle III of title 54, United
                    States Code (formerly known as the ``National Historic
                    Preservation Act'' (16 U.S.C. 470 et seq.)).
                (2) Costs.--All costs associated with the performance of
            compliance activities under paragraph (1) shall be paid with
            funds deposited in the Trust Fund, on the condition that any
            costs associated with the performance of Federal approval or
            other review of such compliance work or costs associated with
            inherently Federal functions shall remain the responsibility of
            the Secretary.
        (d) Funding.--
                (1) Indian self-determination and education assistance act
            compacting.--
                        (A) Funding authority and agreements.--
                    Notwithstanding any other provision of law, if the
                    Tribes elect to perform all activities described in
                    subsection (b) on behalf of the Secretary, the
                    Secretary shall enter into a self-governance agreement
                    with the Tribes under title IV of the Indian Self-
                    Determination and Education Assistance Act (25 U.S.C.
                    5361 et seq.) covering all such activities.
                        (B) Funding agreements.--The Secretary shall use
                    funds only from the Salish and Kootenai Compact Account
                    established under section 8(b)(1) for any funding
                    agreement, including any related contract support
                    costs, under which the Tribes carry out activities
                    described in subsection (b).
                        (C) Timing for election.--Not later than 120 days
                    after the date on which funds are first appropriated
                    for deposit in the Trust Fund, or not later than such
                    alternative later date as is agreed to by the Tribes
                    and the Secretary, the Tribes may elect to perform all
                    activities described in subsection (b) on behalf of the
                    Secretary.
                        (D) Applicability of isdeaa.--Any funds transferred
                    for use in a funding agreement under this paragraph
                    shall be subject to--
                                (i) title IV of the Indian Self-
                            Determination and Education Assistance Act (25
                            U.S.C. 5361 et seq.); and
                                (ii) the self-governance agreement and
                            funding agreement entered into between the
                            Tribes and the Secretary.
                        (E) Relation to compact.--The Tribes and the
                    Federal Government--
                                (i) shall carry out the activities
                            described in subsection (b) in a manner that is
                            consistent with, and fulfills, the respective
                            obligations of the Tribes and the Federal
                            Government under the Compact; and
                                (ii) may not carry out any action pursuant
                            to the Indian Self-Determination and Education
                            Assistance Act (25 U.S.C. 5301 et seq.) that is
                            inconsistent with the rights and
                            responsibilities under the Compact.
                        (F) Applicability of certain isdeaa provisions.--
                    For purposes of this Act--
                                (i) the ``annual trust evaluation''
                            required under section 403(d) of the Indian
                            Self-Determination and Education Assistance Act
                            (25 U.S.C. 5363(d)) shall monitor the
                            performance, and progress toward completion, of
                            activities under subsection (b) that the Tribes
                            are carrying out;
                                (ii) the activities described in subsection
                            (b) shall be considered to be ``construction
                            programs or projects'' under section 403(e) of
                            the Indian Self-Determination and Education
                            Assistance Act (25 U.S.C. 5363(e)); and
                                (iii) reporting requirements regarding
                            planning, design, and the use and expenditure
                            of funds shall be negotiated and included
                            within a funding agreement.
                (2) Secretarial performance of activities.--If the Tribes
            do not elect to carry out the activities described in
            subsection (b) by the deadline established under paragraph
            (1)(C), the Secretary shall carry out the activities using
            amounts made available under section 8(c)(3).
                (3) Nonreimbursability of costs.--All costs incurred in
            carrying out this section shall be nonreimbursable.
                (4) Administration.--
                        (A) In general.--Subject to subparagraph (B), the
                    Secretary and the Tribes shall negotiate the cost of
                    any oversight activity carried out by the Secretary
                    under any agreement entered into under paragraph
                    (1)(A).
                        (B) Requirement.--All costs associated with an
                    oversight activity--
                                (i) shall be paid with funds deposited in
                            the Salish and Kootenai Compact Account
                            established under section 8(b)(1); and
                                (ii) notwithstanding subsection (c), may
                            include costs associated with review or
                            approval of environmental compliance work and
                            related Federal functions.
                        (C) Limitation on cost.--The total cost described
                    in subparagraph (A) shall not exceed 3 percent of the
                    total project costs for each project.
        (e) Treatment.--Any activities carried out pursuant to subsection
    (b) that result in improvements, additions, or modifications to the
    Flathead Indian irrigation project, including the acquisition of any
    real property interest, shall--
                (1) become a part of the Flathead Indian irrigation
            project; and
                (2) be recorded in the inventory of the Secretary relating
            to the Flathead Indian irrigation project.
        (f) Easements and Rights-of-way.--
                (1) Tribal easements and rights-of-way.--
                        (A) In general.--On request of the Secretary, the
                    Tribes shall grant, at no cost to the United States,
                    such easements and rights-of-way over Tribal land as
                    are necessary for construction relating to an activity
                    under this section.
                        (B) Jurisdiction.--An easement or right-of-way
                    granted by the Tribes pursuant to subparagraph (A)
                    shall not affect in any respect the civil or criminal
                    jurisdiction of the Tribes over the easement or right-
                    of-way.
                (2) Landowner easements and rights-of-way.--In partial
            consideration for the construction activities associated with
            the rehabilitation and modernization of the Flathead Indian
            irrigation project authorized by this section, and as a
            condition of receiving service from the Flathead Indian
            irrigation project, a willing landowner shall confirm or grant,
            at no cost to the United States or the Tribes, such easements
            and rights-of-way over the land of the landowner as may be
            necessary for--
                        (A) an activity authorized by this section; or
                        (B) access to and operation and maintenance of--
                                (i) the Flathead Indian irrigation project;
                            or
                                (ii) the Mission Valley Power Project.
                (3) Condemnation not authorized.--Nothing in this section
            authorizes the Secretary to condemn interests in land for the
            Flathead Indian irrigation project.
        (g) Land Acquired by United States or Tribes.--Any land acquired
    within the boundaries of the Reservation by the United States on behalf
    of the Tribes, or by the Tribes on behalf of the Tribes and conveyed to
    the United States, in connection with the purposes of this section
    shall be held in trust by the United States for the benefit of the
    Tribes.
        (h) Effect.--Nothing in this section--
                (1) alters any applicable law under which the Bureau of
            Indian Affairs collects assessments or carries out the
            operation and maintenance of the Flathead Indian irrigation
            project; or
                (2) impacts the availability of amounts under section 9.
        (i) Water Source for Flathead Indian Irrigation Project.--
                (1) In general.--The water source for the Flathead Indian
            irrigation project--
                        (A) shall be determined in accordance with article
                    II(32) of the Compact; and
                        (B) shall consist of--
                                (i) the water right set forth in article
                            III.C.1.a of the Compact; and
                                (ii) any use of water for irrigation and
                            incidental purposes pursuant to an applicable
                            water service contract.
                (2) Entitlement to delivery of water.--Entitlement to
            delivery of available irrigation water for assessed parcels
            shall be determined in accordance with article IV.D.2 of the
            Compact.

    SEC. 8. SELIS-QLISPE KSANKA SETTLEMENT TRUST FUND.

        (a) Establishment.--The Secretary shall establish in the Treasury
    of the United States a trust fund, to be known as the ``Selis-Qlispe
    Ksanka Settlement Trust Fund'', to be allocated, maintained, managed,
    invested, and distributed by the Secretary, and to remain available
    until expended, consisting of the amounts deposited in the Trust Fund
    under section 9(a), together with any interest earned on those amounts,
    for the purpose of carrying out this Act.
        (b) Accounts.--The Secretary shall establish in the Trust Fund the
    following accounts:
                (1) The Salish and Kootenai Compact Account, for the uses
            described in paragraphs (1) and (2) of subsection (h).
                (2) The Salish and Kootenai Settlement Implementation
            Account, for any use described in subsection (h).
        (c) Deposits.--
                (1) In general.--The Secretary shall deposit in the Trust
            Fund the amounts made available pursuant to section 9(a)(1).
                (2) Allocation into accounts.--
                        (A) In general.--Subject to subparagraph (B), each
                    year, the Secretary shall allocate from the Trust Fund
                    amounts into each of the accounts described in
                    paragraphs (1) and (2) of subsection (b) in such
                    proportions as the Secretary and the Tribes may agree.
                        (B) Requirement.--In any year, if the Tribes and
                    the Secretary are unable to agree on the amounts to be
                    allocated under subparagraph (A) for that year, the
                    Secretary shall deposit equal sums in each account.
                (3) Transfer.--If the Tribes do not elect to carry out the
            activities described in subsection (b) of section 7 by the
            deadline described in subsection (d)(1)(C) of that section, the
            Secretary, on an annual basis, shall transfer funds from the
            account established under subsection (b)(1) to an appropriate
            programmatic account solely for the purpose of carrying out
            those activities and the activities described in section 7(c).
        (d) Management and Interest.--
                (1) Management.--On receipt and deposit of the funds into
            the Trust Fund, the Secretary shall manage, invest, and
            distribute the amounts in accordance with the investment
            authority of the Secretary under--
                        (A) the first section of the Act of June 24, 1938
                    (25 U.S.C. 162a);
                        (B) the American Indian Trust Fund Management
                    Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                        (C) this section.
                (2) Investment earnings.--In addition to the deposits under
            section 9(a), any investment earnings, including interest,
            credited to the amounts in the Trust Fund shall be available
            for use in accordance with subsection (h).
        (e) Availability of Amounts.--
                (1) In general.--Amounts deposited in the Trust Fund
            (including any investment earnings) shall be made available to
            the Tribes by the Secretary beginning on the enforceability
            date, subject to the requirements of this Act.
                (2) Use.--Notwithstanding paragraph (1), any amounts--
                        (A) deposited in the account described in
                    subsection (b)(1) or transferred to another account
                    under subsection (c)(3), shall be available to the
                    Tribes or the Secretary, as applicable, on the date on
                    which the amounts are deposited or transferred, for the
                    uses described in subsection (h)(1), in accordance with
                    Appendix 3.6 to the Compact; and
                        (B) deposited in the account described in
                    subsection (b)(1) shall be available to the Tribes on
                    the date on which the amounts are deposited for the
                    uses described in subsection (h)(2).
        (f) Withdrawals Under AITFMRA.--
                (1) In general.--The Tribes may withdraw any portion of the
            amounts in the account described in subsection (b)(2) on
            approval by the Secretary of a Tribal management plan submitted
            by the Tribes in accordance with the American Indian Trust Fund
            Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                (2) Inapplicability of aitfmra.--A withdrawal from the
            account described in subsection (b)(1)--
                        (A) shall be made only in accordance with
                    subsection (e) and section 7; and
                        (B) notwithstanding any other provision of law,
                    shall not be subject to the American Indian Trust Fund
                    Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                (3) Requirements.--
                        (A) In general.--In addition to the requirements
                    under the American Indian Trust Fund Management Reform
                    Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
                    management plan under paragraph (1) shall require that
                    the Tribes shall spend all amounts withdrawn from the
                    Trust Fund and any investment earnings accrued through
                    the investments under the Tribal management plan in
                    accordance with this Act.
                        (B) Enforcement.--The Secretary may carry out such
                    judicial and administrative actions as the Secretary
                    determines to be necessary to enforce the Tribal
                    management plan to ensure that amounts withdrawn by the
                    Tribes from the Trust Fund pursuant to this subsection
                    are used in accordance with this Act.
        (g) Effect.--Nothing in this Act provides to the Tribes the right
    to judicial review of a determination by the Secretary regarding
    whether to approve a Tribal management plan, except under subchapter II
    of chapter 5, and chapter 7 of title 5, United States Code (commonly
    known as the ``Administrative Procedure Act'').
        (h) Uses.--The Tribes may use amounts in the Trust Fund to
    implement the Compact, the Law of Administration, and this Act for the
    following purposes:
                (1) To carry out activities described in subsections (b)
            and (c) of section 7.
                (2) The administration, implementation, and management of
            the Tribal Water Right and the regulation and administration of
            water rights within the Reservation under this Act, the
            Compact, and the Law of Administration, and such infrastructure
            as is necessary to meet related programmatic needs.
                (3) To implement the Tribal Water Right through
            rehabilitation and improvement of agricultural Indian land
            within the Reservation.
                (4) To construct and rehabilitate livestock fencing on
            Indian land within the Reservation.
                (5) To mitigate and control noxious weeds on land within
            the Reservation.
                (6) To plan, design, and construct improvements to
            irrigation systems on land served by the Flathead Indian
            irrigation project.
                (7) To install screens, barriers, passages, or ladders to
            prevent fish entrainment in irrigation ditches and canals
            within the Reservation.
                (8) To plan, design, and construct irrigation facilities on
            Indian land within the Reservation that is not served by the
            Flathead Indian irrigation project.
                (9) To plan, design, construct, operate, maintain, and
            replace community water distribution and wastewater treatment
            facilities on the Reservation.
                (10) To develop geothermal water resources on Indian land
            within the Reservation.
                (11) To develop a cultural resources program relating to
            permitting necessary to conduct the activities authorized under
            this subsection (including cultural, historical, and
            archeological reviews, including training and certifications)
            and related infrastructure necessary to meet programmatic
            needs.
                (12) To comply with Federal environmental laws for any use
            authorized by this subsection.
                (13) To repair, rehabilitate, or replace culverts, bridges,
            and roads of the Flathead Indian irrigation project and any
            public or Tribal culverts, bridges, and roads that intersect
            with, or are otherwise located within, the supply and
            distribution network of the Flathead Indian irrigation project.
        (i) Liability.--Except with respect to amounts transferred in
    accordance with section 7(d), the Secretary shall not be liable for the
    expenditure or investment of any amounts withdrawn from the Trust Fund
    by the Tribes under this section.
        (j) Expenditure Reports.--
                (1) In general.--Not less frequently than annually, the
            Tribes shall submit to the Secretary an expenditure report
            describing--
                        (A) the amount withdrawn from the Trust Fund under
                    this section; and
                        (B) any authorized activities resulting from the
                    use of a withdrawal under a Tribal management plan, in
                    accordance with this Act.
                (2) Application.--Any amounts transferred to the Tribes
            pursuant to a self-governance agreement and funding agreement
            entered into between the Tribes and the Secretary under title
            IV of the Indian Self-Determination and Education Assistance
            Act (25 U.S.C. 5361 et seq.) shall not be subject to paragraph
            (1).
        (k) OM&R Costs.--Except as otherwise provided in this Act, nothing
    in this Act affects any obligation of the United States with respect to
    the operation, maintenance, and repair of the Flathead Indian
    irrigation project.

    SEC. 9. FUNDING.

        (a) Funding.--
                (1) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary for deposit in the Trust
            Fund $1,000,000,000, to remain available until expended,
            withdrawn, or reverted to the general fund of the Treasury.
                (2) Mandatory funding.--
                        (A) In general.--On October 1, 2020, and on each
                    October 1 thereafter through October 1, 2029, out of
                    any funds in the Treasury not otherwise appropriated,
                    the Secretary of the Treasury shall deposit in the
                    Trust Fund $90,000,000, to remain available until
                    expended, withdrawn, or reverted to the general fund of
                    the Treasury.
                        (B) Availability.--Amounts deposited in the Trust
                    Fund under subparagraph (A) shall be available without
                    further appropriation.
        (b) Fluctuation in Costs.--
                (1) In general.--Of the amounts authorized to be
            appropriated and appropriated to the Trust Fund under
            paragraphs (1) and (2), respectively, of subsection (a)--
                        (A) $347,200,000 shall be increased or decreased,
                    as appropriate, by such amounts as may be justified by
                    reason of ordinary fluctuations in costs occurring
                    after the date of enactment of this Act, as indicated
                    by the Consumer Price Index for All Urban Consumers
                    West Urban 50,000 to 1,500,000 index;
                        (B) $111,400,000 shall be increased or decreased,
                    as appropriate, by such amounts as may be justified by
                    reasons of ordinary fluctuations in costs occurring
                    after the date of enactment of this Act, as indicated
                    by the Producer Price Index for the Bureau of Labor
                    Statistics; and
                        (C) $1,441,400,000 shall be increased or decreased,
                    as appropriate, by such amounts as may be justified by
                    reason of ordinary fluctuations in costs occurring
                    after the date of enactment of this Act, as indicated
                    by the Bureau of Reclamation Construction Costs Index-
                    Composite Trend.
                (2) Requirements for adjustment process.--The adjustment
            process under this subsection shall--
                        (A) take into account any agreement reached by the
                    Secretary and the Tribes under paragraph (4); and
                        (B) be repeated for each subsequent amount
                    appropriated for deposit in the Trust Fund until the
                    amount authorized to be appropriated, as so adjusted,
                    has been appropriated.
                (3) Period of indexing.--The period of indexing adjustment
            under this subsection for any increment of funding shall end on
            the date on which funds are deposited in the Trust Fund.
                (4) Agreement.--Based on the activities likely to be
            conducted using amounts deposited in the Trust Fund, the
            Secretary and the Tribes may agree on which provisions of
            paragraph (1) shall govern the fluctuation in costs to be used
            in calculating the amount authorized to be appropriated under
            subsection (a)(1).
        (c) Limitation on Use of Reclamation Water Settlements Fund.--
    Notwithstanding any other provision of law--
                (1) no amounts in the Reclamation Water Settlements Fund
            established by section 10501(a) of the Omnibus Public Land
            Management Act of 2009 (43 U.S.C. 407(a)) may be used by the
            Tribes or the Secretary to carry out any provision of this Act
            until the date that is 10 years after the date of enactment of
            this Act; and
                (2) effective beginning on the date that is 10 years after
            that date of enactment, the total amount used by the Tribes and
            the Secretary to carry out this Act from the Reclamation Water
            Settlements Fund shall not exceed an amount equal to 50 percent
            of the total amount in the Fund on that date.

    SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

        (a) Waivers and Releases.--
                (1) Claims by tribes and united states as trustee for
            tribes.--Subject to the reservation of rights and retention of
            claims under subsection (c), as consideration for recognition
            of the Tribal Water Right and other benefits described in the
            Compact and this Act, the Tribes, acting on behalf of the
            Tribes and members of the Tribes (but not any member of the
            Tribes as an allottee), and the United States, acting as
            trustee for the Tribes and the members of the Tribes (but not
            any member of the Tribes as an allottee), shall execute a
            waiver and release with prejudice of all claims for water
            rights within the State that the Tribes, or the United States
            acting as trustee for the Tribes, asserted or could have
            asserted in any proceeding, including a State stream
            adjudication, on or before the enforceability date, except to
            the extent that such a right is recognized in the Compact and
            this Act.
                (2) Claims by united states as trustee for allottees.--
            Subject to the reservation of rights and the retention of
            claims under subsection (c), as consideration for recognition
            of the Tribal Water Right and other benefits described in the
            Compact and this Act, the United States, acting as trustee for
            allottees, shall execute a waiver and release with prejudice of
            all claims for water rights within the Reservation that the
            United States, acting as trustee for allottees, asserted or
            could have asserted in any proceeding, including a State stream
            adjudication, on or before the enforceability date, except to
            the extent that such a right is recognized in the Compact and
            this Act.
                (3) Claims by tribes against united states.--Subject to the
            reservation of rights and retention of claims under subsection
            (c), the Tribes, acting on behalf of the Tribes and members of
            the Tribes (but not any member of the Tribes as an allottee),
            shall execute a waiver and release with prejudice of all claims
            against the United States (including any agency or employee of
            the United States) first arising before the enforceability
            date--
                        (A) relating to--
                                (i) water rights within the State that the
                            United States, acting as trustee for the
                            Tribes, asserted or could have asserted in any
                            proceeding, including the general stream
                            adjudication in the State, except to the extent
                            that such rights are recognized as part of the
                            Tribal Water Right under this Act;
                                (ii) foregone benefits from nontribal use
                            of water, on and off the Reservation (including
                            water from all sources and for all uses);
                                (iii) damage, loss, or injury to water,
                            water rights, land, or natural resources due to
                            loss of water or water rights (including
                            damages, losses, or injuries to hunting,
                            fishing, gathering, or cultural rights due to
                            loss of water or water rights, claims relating
                            to interference with, diversion, or taking of
                            water, or claims relating to a failure to
                            protect, acquire, replace, or develop water,
                            water rights, or water infrastructure) within
                            the State;
                                (iv) a failure to establish or provide a
                            municipal, rural, or industrial water delivery
                            system on the Reservation;
                                (v) damage, loss, or injury to water, water
                            rights, land, or natural resources due to
                            construction, operation, and management of the
                            Flathead Indian irrigation project and other
                            Federal land and facilities (including damages,
                            losses, or injuries to Tribal fisheries, fish
                            habitat, wildlife, and wildlife habitat);
                                (vi) damage, loss, or injury from failure
                            to protect natural resources and land against
                            noxious weeds impacts;
                                (vii) inadequate compensation for minerals
                            extracted;
                                (viii) inadequate compensation for land and
                            interests in land used for Bureau of Indian
                            Affairs roads and wildlife refuges;
                                (ix) a failure to provide--
                                        (I) for operation, maintenance, or
                                    deferred maintenance for the Flathead
                                    Indian irrigation project or any other
                                    irrigation system or irrigation
                                    project; or
                                        (II) a dam safety improvement to a
                                    dam within the Reservation;
                                (x) the litigation of claims relating to
                            any water right of the Tribes in the State; and
                                (xi) the negotiation, execution, or
                            adoption of the Compact or this Act;
                        (B) reserved under subsections (b) through (d) of
                    section 6 of the settlement agreement for the case
                    entitled ``Nez Perce Tribe v. Salazar'', No.
                    06cv2239TFH (D.D.C. 2012); and
                        (C) arising from the taking or acquisition of land
                    or resources of the Tribes for the construction or
                    operation of the Flathead Indian irrigation project.
                (4) Certain off-reservation water rights.--
                        (A) In general.--Notwithstanding the confirmation
                    of the water rights of the Tribes described in
                    Appendices 28 and 29 to the Compact, as consideration
                    for recognition of the Tribal Water Right and other
                    benefits described in the Compact and this Act, the
                    Tribes shall relinquish any right, title, or claim to
                    the water rights located within the Flathead basin and
                    described in those appendices.
                        (B) Requirement.--The water rights described in
                    subparagraph (A) shall be held solely by the State.
        (b) Enforceability Date.--The waivers and releases of claims under
    subsection (a) shall take effect on the date on which the Secretary
    publishes in the Federal Register a statement of findings that--
                (1)(A) the Montana Water Court has approved the Compact in
            a manner from which no further appeal may be taken; or
                (B) if the Montana Water Court is found to lack
            jurisdiction, the applicable United States district court has
            approved the Compact as a consent decree from which no further
            appeal may be taken;
                (2) all amounts authorized to be appropriated under section
            9 have been appropriated;
                (3) the State has appropriated and paid into an interest-
            bearing escrow account any payments due to the Tribes as of the
            date of enactment of this Act under the Compact and this Act;
                (4) the Tribes have ratified the Compact;
                (5) the Secretary has fulfilled the requirements of section
            6; and
                (6) the waivers and releases described in subsection (a)
            have been executed by the Tribes and the Secretary.
        (c) Reservation of Rights and Retention of Claims.--Notwithstanding
    the waivers and releases under subsection (a), the Tribes, acting on
    behalf of the Tribes and members of the Tribes, and the United States,
    acting as trustee for the Tribes and allottees, shall retain--
                (1) all claims relating to--
                        (A) the enforcement of, or claims accruing after
                    the enforceability date relating to water rights
                    recognized under--
                                (i) the Compact;
                                (ii) any final decree; or
                                (iii) this Act; and
                        (B) activities affecting the quality of water,
                    including any claims under--
                                (i) the Comprehensive Environmental
                            Response, Compensation, and Liability Act of
                            1980 (42 U.S.C. 9601 et seq.), including
                            damages to natural resources;
                                (ii) the Safe Drinking Water Act (42 U.S.C.
                            300f et seq.);
                                (iii) the Federal Water Pollution Control
                            Act (33 U.S.C. 1251 et seq.) (commonly referred
                            to as the ``Clean Water Act''); and
                                (iv) any regulations implementing the Acts
                            described in clauses (i) through (iii);
                (2) all rights to use and protect water rights acquired
            after the date of enactment of this Act;
                (3) all claims for damages, losses, or injuries to land or
            natural resources that are--
                        (A) not due to loss of water or water rights
                    (including hunting, fishing, gathering, or cultural
                    rights); and
                        (B) not covered by subsection (a)(3); and
                (4) all rights, remedies, privileges, immunities, and
            powers not specifically waived and released pursuant to this
            Act or the Compact.
        (d) Effect of Compact and Act.--Nothing in the Compact or this
    Act--
                (1) except as otherwise expressly provided in the Compact
            or this Act, reduces or extends the sovereignty (including
            civil and criminal jurisdiction) of any government entity;
                (2) affects the ability of the United States acting as
            sovereign to carry out any activity authorized by applicable
            law, including--
                        (A) the Comprehensive Environmental Response,
                    Compensation, and Liability Act of 1980 (42 U.S.C. 9601
                    et seq.);
                        (B) the Safe Drinking Water Act (42 U.S.C. 300f et
                    seq.);
                        (C) the Federal Water Pollution Control Act (33
                    U.S.C. 1251 et seq.) (commonly referred to as the
                    ``Clean Water Act''); and
                        (D) any regulations implementing the Acts described
                    in subparagraphs (A) through (C);
                (3) affects the ability of the United States to act as
            trustee for any other Indian tribe or allottee of any other
            Indian tribe;
                (4) confers jurisdiction on any State court--
                        (A) to interpret Federal law regarding health,
                    safety, or the environment;
                        (B) to determine the duties of the United States or
                    any other party under Federal law regarding health,
                    safety, or the environment; or
                        (C) to conduct judicial review of any Federal
                    agency action;
                (5) waives any claim of a member of the Tribes in an
            individual capacity that does not derive from a right of the
            Tribes;
                (6) revives any claim waived by the Tribes in the case
            entitled ``Nez Perce Tribe v. Salazar'', No. 06cv2239TFH
            (D.D.C. 2012); or
                (7) revives any claim released by an allottee or member of
            the Tribes in the settlement for the case entitled ``Cobell v.
            Salazar'', No. 1:96CV01285-JR (D.D.C. 2012).
        (e) Tolling of Claims.--
                (1) In general.--Each applicable period of limitation and
            time-based equitable defense relating to a claim described in
            this section shall be tolled during the period beginning on the
            date of enactment of this Act and ending on the date on which
            the amounts made available to carry out this Act are
            transferred to the Secretary.
                (2) Effect of subsection.--Nothing in this subsection
            revives any claim or tolls any period of limitation or time-
            based equitable defense that expired before the date of
            enactment of this Act.
        (f) Expiration.--
                (1) In general.--This Act shall expire in any case in
            which--
                        (A) the amounts authorized to be appropriated by
                    this Act have not been made available to the Secretary
                    by not later than--
                                (i) January 21, 2031; or
                                (ii) such alternative later date as is
                            agreed to by the Tribes and the Secretary; or
                        (B) the Secretary fails to publish a statement of
                    findings under subsection (b) by not later than--
                                (i) January 21, 2032; or
                                (ii) such alternative later date as is
                            agreed to by the Tribes and the Secretary,
                            after providing reasonable notice to the State.
                (2) Consequences.--If this Act expires under paragraph
            (1)--
                        (A) the waivers and releases under subsection (a)
                    shall--
                                (i) expire; and
                                (ii) have no further force or effect;
                        (B) the authorization, ratification, confirmation,
                    and execution of the Compact under section 4 shall no
                    longer be effective;
                        (C) any action carried out by the Secretary, and
                    any contract or agreement entered into, pursuant to
                    this Act shall be void;
                        (D) any unexpended Federal funds appropriated or
                    made available to carry out the activities authorized
                    by this Act, together with any interest earned on those
                    funds, and any water rights or contracts to use water
                    and title to other property acquired or constructed
                    with Federal funds appropriated or made available to
                    carry out the activities authorized by this Act shall
                    be returned to the Federal Government, unless otherwise
                    agreed to by the Tribes and the United States and
                    approved by Congress; and
                        (E) except for Federal funds used to acquire or
                    construct property that is returned to the Federal
                    Government under subparagraph (D), the United States
                    shall be entitled to offset any Federal funds made
                    available to carry out this Act that were expended or
                    withdrawn, or any funds made available to carry out
                    this Act from other Federal authorized sources,
                    together with any interest accrued on those funds,
                    against any claims against the United States--
                                (i) relating to--
                                        (I) water rights in the State
                                    asserted by--
                                                (aa) the Tribes; or
                                                (bb) any user of the Tribal
                                            Water Right; or
                                        (II) any other matter covered by
                                    subsection (a)(3); or
                                (ii) in any future settlement of water
                            rights of the Tribes or an allottee.

    SEC. 11. SATISFACTION OF CLAIMS.

        (a) Tribal Claims.--The benefits realized by the Tribes under this
    Act shall be in complete replacement of, complete substitution for, and
    full satisfaction of all claims of the Tribes against the United States
    waived and released pursuant to paragraphs (1) and (3) of section
    10(a).
        (b) Allottee Claims.--The benefits realized by allottees under this
    Act shall be in complete replacement of, complete substitution for, and
    full satisfaction of--
                (1) all claims waived and released pursuant to section
            10(a)(2); and
                (2) any claims of an allottee against the United States
            that an allottee asserted or could have asserted that are
            similar in nature to a claim described in section 10(a)(2).

    SEC. 12. NATIONAL BISON RANGE RESTORATION.

        (a) Findings; Purposes.--
                (1) Findings.--Congress finds that--
                        (A) the Reservation was set aside for the Tribes in
                    1855 under the treaty between the United States and the
                    Tribes concluded at Hell Gate on July 16, 1855 (12
                    Stat. 975);
                        (B) the National Bison Range was established as a
                    conservation measure in 1908, a time when the bison
                    were at grave risk of extinction;
                        (C) the National Bison Range is located in the
                    middle of the Reservation on land that was acquired by
                    the United States in what was later held, in the civil
                    action entitled ``Confederated Salish and Kootenai
                    Tribes of the Flathead Indian Reservation, Montana v.
                    United States'' (437 F.2d 458 (Ct.Cl. 1971)), to be a
                    taking under the Fifth Amendment to the Constitution of
                    the United States;
                        (D) the Tribes never consented to the removal of
                    the land described in subparagraph (C) from Tribal
                    ownership;
                        (E) since time immemorial until the establishment
                    of the National Bison Range, the Tribes had used the
                    land described in subparagraph (C) for--
                                (i) hunting, fishing, and gathering; and
                                (ii) cultural and many other purposes;
                        (F)(i) in the 1870s, when slaughter resulted in the
                    risk of bison extinction, a Pend d'Oreille man named
                    Little Falcon Robe received approval from leaders of
                    the Tribes to bring orphaned bison calves across the
                    Continental Divide to the Reservation for purposes of
                    starting a herd for subsistence and conservation
                    purposes;
                        (ii) starting with just a few bison calves, the
                    animals grew into a large herd under the stewardship of
                    members of the Tribes, who later included Michel Pablo
                    and Charles Allard; and
                        (iii) the Reservation was the home of that free-
                    ranging herd of bison for decades before the
                    establishment of the National Bison Range;
                        (G) when the Reservation was opened for
                    homesteading, a free-ranging bison herd was no longer
                    feasible, resulting in Michel Pablo selling the herd to
                    off-Reservation interests;
                        (H) many of the bison, or their descendants, from
                    the Tribal member-managed herd were repurchased and
                    brought back to the Reservation to form the original
                    herd for the National Bison Range;
                        (I) the bison herd at the National Bison Range
                    descends largely from a herd started and managed as
                    described in subparagraph (F);
                        (J) the Tribes--
                                (i) have played a substantive role as
                            conservation leaders, often in partnership with
                            the National Bison Range;
                                (ii) have demonstrated a long-term
                            commitment to responsible management of the
                            land and resources surrounding the National
                            Bison Range; and
                                (iii) desire to carry out the purposes for
                            which the National Bison Range was established;
                        (K) the Tribes have extensive experience in
                    wildlife and natural resources management, including--
                                (i) the establishment and management of the
                            91,000-acre Mission Mountains Tribal
                            Wilderness, the first tribally designated
                            wilderness area in the United States;
                                (ii) special management districts for large
                            animals, such as the Little Money Bighorn Sheep
                            Management Area and the Ferry Basin Elk
                            Management Area; and
                                (iii) the restoration and management of
                            bighorn sheep populations, peregrine falcons,
                            and trumpeter swans on the Reservation;
                        (L) the Tribes have an extensive history of
                    successful partnerships with Federal agencies with
                    respect to issues such as--
                                (i) threatened and endangered species
                            management;
                                (ii) migratory waterfowl management; and
                                (iii) wetland habitat management;
                        (M)(i) the Tribes have entered into prior
                    management-related agreements relating to the National
                    Bison Range under title IV of the Indian Self-
                    Determination and Education Assistance Act (25 U.S.C.
                    5361 et seq.); and
                        (ii) the Tribes and the United States desire to
                    build on past and current partnerships, as well as
                    honor and advance the Federal and Tribal objectives of
                    increasing Tribal autonomy and Tribal governmental
                    capacity;
                        (N) since the establishment of the National Bison
                    Range, additional herds of bison have been established
                    on other national wildlife refuges and national parks;
                        (O) the facts and history regarding the Federal
                    Government, the Tribes, the bison, and land on the
                    Reservation acquired for the National Bison Range are
                    exceptional circumstances that warrant action by
                    Congress; and
                        (P) the United States should hold title in and to
                    the land comprising the National Bison Range, with
                    beneficial title of the land being restored to the
                    Tribes for--
                                (i) continued bison conservation;
                                (ii) other wildlife and natural resource
                            management purposes; and
                                (iii) other nonconflicting purposes of the
                            Tribes.
                (2) Purposes.--The purposes of this section are--
                        (A) to acknowledge the history, culture, and
                    ecological stewardship of the Tribes with respect to
                    the land on the Reservation acquired for the National
                    Bison Range, bison, and other natural resources;
                        (B) to ensure that the land, bison, and other
                    resources referred to in subparagraph (A) continue to
                    be protected and enhanced;
                        (C) to continue public access and educational
                    opportunities; and
                        (D) to ensure a smooth transition for land, bison,
                    and other natural resources as the land is restored to
                    Federal trust ownership for the benefit of the Tribes.
        (b) Definition of National Bison Range.--In this section, the term
    ``National Bison Range'' means all land within the Reservation that was
    reserved for the national bison range under the matter under the
    heading ``National bison range'' under the heading ``Miscellaneous''
    under the heading ``Department of Agriculture'' in the Act of May 23,
    1908 (16 U.S.C. 671) (as in effect on the day before the date of
    enactment of this Act).
        (c) Restoration of Land.--
                (1) In general.--Notwithstanding any other provision of
            law, for the purposes of conserving bison, wildlife, and
            natural resources, and of safeguarding the interests of the
            Tribes in those resources and the traditional, cultural, and
            other interests of the Tribes, all land comprising the National
            Bison Range (including all natural resources, interests, and
            appurtenances of that land) shall be held in trust by the
            United States for the benefit of the Tribes.
                (2) Administration.--The land restored by paragraph (1)
            shall be--
                        (A) a part of the Reservation;
                        (B) administered under the laws (including
                    regulations) applicable to Indian trust land; and
                        (C) managed by the Tribes, in accordance with
                    paragraph (3), solely for the care and maintenance of
                    bison, wildlife, and other natural resources, including
                    designation or naming of the restored land.
                (3) Tribal management.--In managing the land restored by
            paragraph (1), the Tribes shall--
                        (A) provide public access and educational
                    opportunities; and
                        (B) at all times, have a publicly available
                    management plan for the land, bison, and natural
                    resources, which shall include actions to address
                    management and control of invasive weeds.
        (d) Conveyance of Buildings and Other Structures.--
                (1) In general.--The United States shall convey to the
            Tribes, to own in fee, all ownership interests of the United
            States in all buildings, structures, improvements, and
            appurtenances located on the land restored by subsection
            (c)(1).
                (2) Personal property.--The United States may convey to the
            Tribes any personal property owned by the United States and
            found on, or otherwise associated with, the land restored by
            subsection (c)(1).
        (e) Relinquishment of Rights to Bison.--The United States
    relinquishes to the Tribes all interests of United States in the bison
    on the land restored by subsection (c)(1).
        (f) Transition.--
                (1) In general.--Notwithstanding any other provision of
            law, during the 2-year period beginning on the date of
            enactment of this Act, the Secretary shall cooperate with the
            Tribes in transition activities regarding the management of
            land, bison, and other resources conveyed by this Act,
            including by providing to the Tribes, as determined to be
            appropriate by the Secretary, funds, personal property,
            equipment, or other resources for the performance of, or
            assistance with, the types of activities carried out by the
            Secretary at the National Bison Range as of the date of
            enactment of this Act.
                (2) Effect.--Consistent with subsections (c), (d), and (e),
            nothing in this section authorizes the Director of the United
            States Fish and Wildlife Service to retain ownership or control
            of any real or personal property conveyed by this section,
            except as the Tribes may agree to in writing.
        (g) Repeal.--The matter under the heading ``National bison range''
    under the heading ``Miscellaneous'' under the heading ``Department of
    Agriculture'' in the Act of May 23, 1908 (16 U.S.C. 671), is repealed.
        (h) Liability.--The Tribes shall not be liable for any land, soil,
    surface water, groundwater, or other contamination, injury, or damage
    resulting from the storage, disposal, release, or presence of any
    hazardous substance (as defined in section 101 of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9601)) on any portion of the land restored by this section on or
    before the date of the conveyance, unless the Tribes would otherwise
    have been responsible for the storage, disposal, release, or presence.
        (i) Claims Against United States.--No claim may be brought pursuant
    to chapter 7 of title 5, United States Code, or section 1491 or 1505 of
    title 28, United States Code, against the United States, or any agency,
    officer, or employee of the United States, concerning the preconveyance
    or postconveyance management of the land and other property conveyed by
    this section.
        (j) Effect.--Nothing in this section relieves the United States of
    any obligation under section 120(h)(3) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9620(h)(3)).
        (k) No Precedent.--The provisions of this section--
                (1) are uniquely suited to address the distinct
            circumstances, facts, history, and relationships involved with
            the bison, land, and Tribes; and
                (2) are not intended, and shall not be interpreted, to
            establish a precedent for any other situation regarding Federal
            land, property, or facilities.
        (l) Indian Gaming Regulatory Act.--The land restored by this
    section shall not be eligible or used for any gaming activity carried
    out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

    SEC. 13. MISCELLANEOUS PROVISIONS.

        (a) Amendments.--
                (1) Act of april 23, 1904.--Section 9 of the Act of April
            23, 1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter
            216), is amended by striking the seventh undesignated
            paragraph.
                (2) Act of may 25, 1948.--Section 2 of the Act of May 25,
            1948 (62 Stat. 269, chapter 340), is amended--
                        (A) in subsection (h), by striking paragraph (6)
                    and inserting the following:
                ``(6) To enhance fisheries habitat or to improve water
            conservation management of the project.''; and
                        (B) by adding at the end the following:
        ``(k) Mission Valley Division.--
                ``(1) In general.--The Secretary of the Interior (referred
            to in this section as the `Secretary'), or the Confederated
            Salish and Kootenai Tribes of the Flathead Reservation of
            Montana acting on behalf of the Secretary, as the entity with
            the legal authority and responsibility to operate the Mission
            Valley division of the project (referred to in this subsection
            as the `project operator'), may allocate revenues derived from
            the Mission Valley division in accordance with paragraph (2)
            for the purposes described in subsection (h)(6).
                ``(2) Allocation.--
                        ``(A) In general.--Subject to subparagraphs (B) and
                    (C), the revenues described in paragraph (1) shall be
                    allocated by providing--
                                ``(i) $100,000 to the Tribes; and
                                ``(ii) $100,000 to the project operator.
                        ``(B) Negotiation.--Effective beginning on October
                    1 of the tenth calendar year beginning after the date
                    of enactment of the Montana Water Rights Protection
                    Act, the Confederated Salish and Kootenai Tribes of the
                    Flathead Reservation of Montana, the State of Montana,
                    and the Secretary may negotiate for an appropriate
                    allocation that differs from the allocation described
                    in subparagraph (A).
                        ``(C) Carryover.--If the project operator does not
                    use the full allocation of the project operator under
                    this paragraph for a fiscal year, an amount equal to
                    the difference between the full allocation and the
                    amount used by the project operator shall be set aside
                    and accumulated for expenditure during subsequent
                    fiscal years for the purposes described in subsection
                    (h)(6).''.
                (3) Indian self-determination and education assistance
            act.--Section 403(b)(4) of the Indian Self-Determination and
            Education Assistance Act (25 U.S.C. 5363(b)(4)) is amended--
                        (A) in subparagraph (A), by adding ``and'' at the
                    end;
                        (B) in subparagraph (B), by striking ``and'' at the
                    end; and
                        (C) by striking subparagraph (C).
        (b) Liens.--Any lien established by the Act of April 23, 1904 (33
    Stat. 302, chapter 1495; 35 Stat. 449, chapter 216), is extinguished
    and released.
        (c) Waiver of Sovereign Immunity.--Except as provided in
    subsections (a) through (c) of section 208 of the Department of Justice
    Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the
    sovereign immunity of the United States.
        (d) Other Tribes Not Adversely Affected.--Nothing in this Act
    quantifies or diminishes any land or water right, or any claim or
    entitlement to land or water, of any Indian tribe other than the
    Tribes.
        (e) Limitation on Claims for Reimbursement.--With respect to Indian
    land located within the Reservation--
                (1) the United States shall not submit against any Indian-
            owned land within the Reservation any claim for reimbursement
            of the cost to the United States of carrying out this Act or
            the Compact; and
                (2) no assessment of any Indian-owned land located within
            the Reservation shall be made regarding that cost.
        (f) Limitation on Liability of United States.--
                (1) In general.--The United States has no obligation--
                        (A) to monitor, administer, or account for, in any
                    manner, any funds provided to the Tribes by the State;
                    or
                        (B) to review or approve any expenditure of the
                    funds described in subparagraph (A).
                (2) Indemnity.--The Tribes shall indemnify the United
            States, and hold the United States harmless, with respect to
            all claims (including claims for takings or breach of trust)
            arising from the receipt or expenditure of amounts to carry out
            this Act (other than claims arising out of activities carried
            out by the Tribes with funds transferred in accordance with
            section 7(d)).
        (g) Antideficiency.--The United States shall not be liable for any
    failure to carry out any obligation or activity authorized by this Act
    (including any obligation or activity under the Compact) if--
                (1) adequate appropriations are not provided expressly by
            Congress to carry out this Act; or
                (2) subject to section 9(c), insufficient funds are
            available to carry out this Act in the Reclamation Water
            Settlements Fund established by section 10501(a) of the Omnibus
            Public Land Management Act of 2009 (43 U.S.C. 407(a)).
        (h) Federal Advisory Committee Act.--The Federal Advisory Committee
    Act (5 U.S.C. App.) shall not apply to any activity or function carried
    out by the Secretary under this Act.
        (i) Cooperative Operation and Maintenance of Flathead Indian
    Irrigation Project.--
                (1) Agreement with secretary.--On receipt of a joint
            request from the Tribes and 1 or more irrigation districts
            within the Flathead Indian irrigation project, the Secretary
            shall enter into an agreement with the Tribes and the
            irrigation districts for the cooperative operation and
            maintenance of the Flathead Indian irrigation project, or any
            portion of the Flathead Indian irrigation project, under such
            form of organization and under such conditions as may be
            acceptable to the Secretary.
                (2) Establishment of organization.--
                        (A) In general.--In lieu of entering into an
                    agreement under paragraph (1), the Tribes and 1 or more
                    irrigation districts within the Flathead Indian
                    irrigation project may jointly establish an
                    organization for the purpose of entering into an
                    agreement for the operation and maintenance of the
                    Flathead Indian irrigation project under the Indian
                    Self-Determination and Education Assistance Act (25
                    U.S.C. 5301 et seq.).
                        (B) Contract support costs.--Any contract support
                    costs pursuant to section 106(a) of the Indian Self-
                    Determination and Education Assistance Act (25 U.S.C.
                    5325(a)) for an organization established pursuant to
                    subparagraph (A) shall be limited to funds available
                    from annual assessment under part 171 of title 25, Code
                    of Federal Regulations (or successor regulations).
                        (C) Treatment.--An organization established
                    pursuant to subparagraph (A) shall be considered to be
                    a tribal organization (as defined in section 4 of the
                    Indian Self-Determination and Education Assistance Act
                    (25 U.S.C. 5304)) for purposes of that Act.
                        (D) Annual o&m assessments.--Nothing in this
                    subsection limits the ability of an organization
                    established pursuant to subparagraph (A) to include the
                    costs of administering the Flathead Indian irrigation
                    project when establishing annual assessment rates in
                    accordance with part 171 of title 25, Code of Federal
                    Regulations (or successor regulations).
        (j) Exchanges of Land.--
                (1) Definitions.--In this subsection:
                        (A) Public land.--The term ``public land'' means--
                                (i) public lands (as defined in section 103
                            of the Federal Land Policy and Management Act
                            of 1976 (43 U.S.C. 1702)); and
                                (ii) land managed by the Secretary of
                            Agriculture under the jurisdiction of the
                            Forest Service.
                        (B) Secretary concerned.--The term ``Secretary
                    concerned'' means, as applicable--
                                (i) the Secretary, with respect to the
                            public land described in subparagraph (A)(i);
                            or
                                (ii) the Secretary of Agriculture, with
                            respect to the public land described in
                            subparagraph (A)(ii).
                (2) State trust land.--
                        (A) In general.--The Secretary concerned shall
                    offer to negotiate with the State for the purpose of
                    exchanging public land within the State for State trust
                    land located within the Reservation with a total value
                    substantially equal to the value of the surface estate
                    of the approximately 36,808 acres of State trust land
                    obtained by the State pursuant to--
                                (i) the Act of February 22, 1889 (commonly
                            known as the ``Montana Enabling Act'') (25
                            Stat. 676, chapter 180), and the Act of April
                            23, 1904 (33 Stat. 302, chapter 1495; 35 Stat.
                            449, chapter 216); or
                                (ii) the Act of February 25, 1920 (41 Stat.
                            452).
                        (B) Procedures.--An exchange described in
                    subparagraph (A) shall be conducted in accordance with
                    section 206 of the Federal Land Policy and Management
                    Act of 1976 (43 U.S.C. 1716).
                        (C) Valuation.--In determining the fair market
                    value of land for purposes of subparagraph (A), the
                    parties to the exchange shall give due consideration to
                    the value of any improvements on the land.
                        (D) Financial impact.--The Secretary concerned
                    shall ensure that land exchanged pursuant to this
                    paragraph is selected in a manner that minimizes the
                    financial impact on local governments, if any.
                        (E) Assistance.--The Secretary concerned shall
                    provide such financial or other assistance to the State
                    and the Tribes as may be necessary to obtain the
                    appraisals, and to satisfy administrative requirements,
                    necessary to accomplish the exchanges under
                    subparagraph (A).
                        (F) Title.--On approving an exchange under this
                    paragraph, the Secretary concerned shall--
                                (i) receive title in and to the State trust
                            land involved in the exchange, on behalf of the
                            United States; and
                                (ii) transfer title in and to the public
                            land disposed of in the exchanges with the
                            State by such means of conveyance as the
                            Secretary concerned considers to be
                            appropriate.
                        (G) Trust.--Title to the State trust land acquired
                    pursuant to an exchange under this paragraph shall be--
                                (i) vested in the United States in trust
                            for the sole use and benefit of the Tribes; and
                                (ii) recognized as part of the Reservation.
                (3) Requirements.--
                        (A) In general.--In carrying out paragraph (2), the
                    Secretary concerned shall, during the 5-year period
                    beginning on the date of enactment of this Act, give
                    priority to an exchange of public land within the State
                    for State trust land owned by the State.
                        (B) Total value.--The total value of the land
                    exchanged and acquired for the Tribes pursuant to this
                    subsection shall not exceed the value of the surface
                    estate of the 36,808 acres described in paragraph
                    (2)(A).
                        (C) Private exchanges.--
                                (i) In general.--Subject to subparagraph
                            (B), if, for any reason, after the expiration
                            of the period described in subparagraph (A),
                            the exchanges under paragraph (2) have not
                            provided to the Tribes a total of 36,808 acres
                            of surface land within the boundaries of the
                            Reservation, the Secretary concerned shall, at
                            the request of, and in cooperation with, the
                            Tribes, develop and implement a program to
                            provide to the Tribes additional land within
                            the Reservation through land exchanges with
                            private landowners.
                                (ii) Requirement.--In carrying out this
                            subparagraph, the Secretary concerned may
                            exchange public land within the State for
                            private land of substantially equal value
                            within the boundaries of the Reservation, in
                            accordance with section 206 of the Federal Land
                            Policy and Management Act of 1976 (43 U.S.C.
                            1716).
                        (D) Valuation.--In determining the fair market
                    value of land under subparagraph (C), the parties to an
                    exchange made pursuant to that subparagraph shall give
                    due consideration to the value of improvements on the
                    land.
                        (E) Title.--If the Secretary concerned obtains
                    private land pursuant to subparagraph (C), the
                    Secretary concerned shall transfer title to the land to
                    the Tribes.
                        (F) Trust.--Title to any private land or public
                    land transferred to the Tribes pursuant to this
                    paragraph shall--
                                (i) be vested in the United States in trust
                            for the sole use and benefit of the Tribes; and
                                (ii) be recognized as part of the
                            Reservation, if the land is located within the
                            boundaries of the Reservation.
                        (G) Tribal assistance.--The Tribes shall assist in
                    obtaining prospective willing parties to exchange
                    private land within the Reservation for public land
                    within the State under this paragraph.
                (4) Protection of grazing rights.--State trust land that is
            not adjacent to Tribal land shall not be eligible to be
            exchanged under this subsection.
        (k) Review of Decisions.--A court of competent jurisdiction shall
    review the decisions of the Flathead Reservation Water Management Board
    and the Montana Department of Fish, Wildlife, and Parks in accordance
    with--
                (1) the Compact;
                (2) the Law of Administration; and
                (3) this Act.
        (l) Payments to Certain Counties.--
                (1) Payments.--
                        (A) By secretary.--Subject to paragraph (2), to
                    reduce the financial impact on the counties in which
                    the land restored by section 12 is located, the
                    Secretary shall make payments to Lake County and
                    Sanders County in the State, out of amounts in the fund
                    established under section 401(a) of the Act of June 15,
                    1935 (16 U.S.C. 715s(a)).
                        (B) By tribes.--To ensure that culverts, bridges,
                    and roads that intersect with, or are otherwise located
                    within, the supply and distribution network of the
                    Flathead Indian irrigation project comply with Federal
                    environmental requirements, to ensure public safety,
                    and to enhance Tribal fisheries on the Reservation, the
                    Tribes shall allocate from the Trust Fund amounts
                    withdrawn for the purposes described in section
                    8(h)(13), under an agreement approved by the
                    Secretary--
                                (i) $5,000,000 to Lake County in the State;
                            and
                                (ii) $5,000,000 to Sanders County in the
                            State.
                (2) Amount of payments.--The amount of the payments under
            paragraph (1)(A) shall be equal to the amount each county would
            have received if this Act had not been enacted.
                (3) Treatment of land for purposes of calculating
            payments.--For the limited purposes of calculating payments to
            Lake County and Sanders County under this subsection and
            section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the
            land restored by section 13 shall be treated as a fee area (as
            defined in section 401(g) of the Act of June 15, 1935 (16
            U.S.C. 715s(g))).
        (m) Effect on Current Law.--Nothing in this Act authorizes
    preenforcement judicial review of any Federal environmental enforcement
    action.
        (n) No Precedent.--The provisions of this Act--
                (1) are uniquely suited to address the distinct
            circumstances, facts, history, and relationships involved; and
                (2) are not intended, and shall not be interpreted, to
            establish precedent for any other situation.

      DIVISION EE--TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF 2020

    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This division may be cited as the ``Taxpayer
    Certainty and Disaster Tax Relief Act of 2020''.
        (b) Amendment of 1986 Code.--Except as otherwise expressly
    provided, whenever in this division an amendment or repeal is expressed
    in terms of an amendment to, or repeal of, a section or other
    provision, the reference shall be considered to be made to a section or
    other provision of the Internal Revenue Code of 1986.
        (c) Table of Contents.--The table of contents of this division is
    as follows:

    Sec. 1. Short title; table of contents.

               TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS

                 Subtitle A--Certain Provisions Made Permanent

    Sec. 101. Reduction in medical expense deduction floor.
    Sec. 102. Energy efficient commercial buildings deduction.
    Sec. 103. Benefits provided to volunteer firefighters and emergency
                                medical responders.
    Sec. 104. Transition from deduction for qualified tuition and related
                                expenses to increased income limitation on
                                lifetime learning credit.
    Sec. 105. Railroad track maintenance credit.
    Sec. 106. Certain provisions related to beer, wine, and distilled
                                spirits.
    Sec. 107. Refunds in lieu of reduced rates for certain craft beverages
                                produced outside the United States.
    Sec. 108. Reduced rates not allowed for smuggled or illegally produced
                                beer, wine, and spirits.
    Sec. 109. Minimum processing requirements for reduced distilled spirits
                                rates.
    Sec. 110. Modification of single taxpayer rules.

              Subtitle B--Certain Provisions Extended Through 2025

    Sec. 111. Look-thru rule for related controlled foreign corporations.
    Sec. 112. New markets tax credit.
    Sec. 113. Work opportunity credit.
    Sec. 114. Exclusion from gross income of discharge of qualified
                                principal residence indebtedness.
    Sec. 115. 7-year recovery period for motorsports entertainment
                                complexes.
    Sec. 116. Expensing rules for certain productions.
    Sec. 117. Oil spill liability trust fund rate.
    Sec. 118. Empowerment zone tax incentives.
    Sec. 119. Employer credit for paid family and medical leave.
    Sec. 120. Exclusion for certain employer payments of student loans.
    Sec. 121. Extension of carbon oxide sequestration credit.

               Subtitle C--Extension of Certain Other Provisions

    Sec. 131. Credit for electricity produced from certain renewable
                                resources.
    Sec. 132. Extension and phaseout of energy credit.
    Sec. 133. Treatment of mortgage insurance premiums as qualified
                                residence interest.
    Sec. 134. Credit for health insurance costs of eligible individuals.
    Sec. 135. Indian employment credit.
    Sec. 136. Mine rescue team training credit.
    Sec. 137. Classification of certain race horses as 3-year property.
    Sec. 138. Accelerated depreciation for business property on Indian
                                reservations.
    Sec. 139. American Samoa economic development credit.
    Sec. 140. Second generation biofuel producer credit.
    Sec. 141. Nonbusiness energy property.
    Sec. 142. Qualified fuel cell motor vehicles.
    Sec. 143. Alternative fuel refueling property credit.
    Sec. 144. 2-wheeled plug-in electric vehicle credit.
    Sec. 145. Production credit for Indian coal facilities.
    Sec. 146. Energy efficient homes credit.
    Sec. 147. Extension of excise tax credits relating to alternative
                                fuels.
    Sec. 148. Extension of residential energy-efficient property credit and
                                inclusion of biomass fuel property
                                expenditures.
    Sec. 149. Black lung disability trust fund excise tax.

                           TITLE II--OTHER PROVISIONS

    Sec. 201. Minimum low-income housing tax credit rate.
    Sec. 202. Depreciation of certain residential rental property over 30-
                                year period.
    Sec. 203. Waste energy recovery property eligible for energy credit.
    Sec. 204. Extension of energy credit for offshore wind facilities.
    Sec. 205. Minimum rate of interest for certain determinations related
                                to life insurance contracts.
    Sec. 206. Clarifications and technical improvements to CARES Act
                                employee retention credit.
    Sec. 207. Extension and modification of employee retention and rehiring
                                tax credit.
    Sec. 208. Minimum age for distributions during working retirement.
    Sec. 209. Temporary rule preventing partial plan termination.
    Sec. 210. Temporary allowance of full deduction for business meals.
    Sec. 211. Temporary special rule for determination of earned income.
    Sec. 212. Certain charitable contributions deductible by non-itemizers.
    Sec. 213. Modification of limitations on charitable contributions.
    Sec. 214. Temporary special rules for health and dependent care
                                flexible spending arrangements.

                         TITLE III--DISASTER TAX RELIEF

    Sec. 301. Definitions.
    Sec. 302. Special disaster-related rules for use of retirement funds.
    Sec. 303. Employee retention credit for employers affected by qualified
                                disasters.
    Sec. 304. Other disaster-related tax relief provisions.
    Sec. 305. Low-income housing tax credit.
    Sec. 306. Treatment of certain possessions.

               TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS

                 Subtitle A--Certain Provisions Made Permanent

    SEC. 101. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.

        (a) In General.--Section 213 is amended--
                (1) by striking ``10 percent'' in subsection (a) and
            inserting ``7.5 percent'', and
                (2) by striking subsection (f).
        (b) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2020.

    SEC. 102. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

        (a) Deduction Made Permanent.--Section 179D is amended by striking
    subsection (h).
        (b) Inflation Adjustment.--Section 179D, as amended by subsection
    (a), is amended by redesignating subsection (g) as subsection (h) and
    by inserting after subsection (f) the following new subsection:
        ``(g) Inflation Adjustment.--In the case of a taxable year
    beginning after 2020, each dollar amount in subsection (b) or
    subsection (d)(1)(A) shall be increased by an amount equal to--
                ``(1) such dollar amount, multiplied by
                ``(2) the cost-of-living adjustment determined under
            section 1(f)(3) for the calendar year in which the taxable year
            begins, determined by substituting `calendar year 2019' for
            `calendar year 2016' in subparagraph (A)(ii) thereof.
    Any increase determined under the preceding sentence which is not a
    multiple of 1 cent shall be rounded to the nearest cent.''.
        (c) Update of Standards.--
                (1) ASHRAE standards.--Section 179D(c) is amended--
                        (A) in paragraphs (1)(B)(ii) and (1)(D), by
                    striking ``Standard 90.1-2007'' and inserting
                    ``Reference Standard 90.1'', and
                        (B) by amending paragraph (2) to read as follows:
                ``(2) Reference standard 90.1.--The term `Reference
            Standard 90.1' means, with respect to any property, the most
            recent Standard 90.1 published by the American Society of
            Heating, Refrigerating, and Air Conditioning Engineers and the
            Illuminating Engineering Society of North America which has
            been affirmed by the Secretary, after consultation with the
            Secretary of Energy, for purposes of this section not later
            than the date that is 2 years before the date that construction
            of such property begins.''.
                (2) California nonresidential alternative calculation
            method approval manual.--Section 179D(d)(2) is amended by
            striking ``, based on the provisions of the 2005 California
            Nonresidential Alternative Calculation Method Approval Manual''
            and inserting ``with respect to any property, based on the
            provisions of the most recent California Nonresidential
            Alternative Calculation Method Approval Manual which has been
            affirmed by the Secretary, after consultation with the
            Secretary of Energy, for purposes of this section not later
            than the date that is 2 years before the date that construction
            of such property begins''.
        (d) Effective Date.--The amendments made by this section shall
    apply to property placed in service after December 31, 2020.

    SEC. 103. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND EMERGENCY
                  MEDICAL RESPONDERS.

        (a) In General.--Section 139B is amended by striking subsection
    (d).
        (b) Effective Date.--The amendment made by this section shall apply
    to taxable years beginning after December 31, 2020.

    SEC. 104. TRANSITION FROM DEDUCTION FOR QUALIFIED TUITION AND RELATED
                  EXPENSES TO INCREASED INCOME LIMITATION ON LIFETIME
                  LEARNING CREDIT.

        (a) Increased Income Limitations for Phaseout of Lifetime Learning
    Credit.--
                (1) In general.--Section 25A(d) is amended by striking
            paragraphs (1) and (2), by redesignating paragraph (3) as
            paragraph (2), and by inserting before paragraph (2) (as so
            redesignated) the following new paragraph:
                ``(1) In general.--The American Opportunity Tax Credit and
            the Lifetime Learning Credit shall each (determined without
            regard to this paragraph) be reduced (but not below zero) by
            the amount which bears the same ratio to each such credit (as
            so determined) as--
                        ``(A) the excess of--
                                ``(i) the taxpayer's modified adjusted
                            gross income for such taxable year, over
                                ``(ii) $80,000 ( $160,000 in the case of a
                            joint return), bears to
                        ``(B) $10,000 ( $20,000 in the case of a joint
                    return).''.
                (2) Conforming amendment.--Section 25A is amended by
            striking subsection (h).
        (b) Repeal of Deduction for Qualified Tuition and Related
    Expenses.--
                (1) In general.--Part VII of subchapter B of chapter 1 is
            amended by striking section 222 (and by striking the item
            relating to such section in the table of sections for such
            part).
                (2) Conforming amendments.--
                        (A) Section 62(a) is amended by striking paragraph
                    (18).
                        (B) Section 74(d)(2)(B) is amended by striking
                    ``222,''.
                        (C) Section 86(b)(2)(A) is amended by striking
                    ``222,''.
                        (D) Section 135(c)(4)(A) is amended by striking
                    ``222,''.
                        (E) Section 137(b)(3)(A) is amended by striking
                    ``222,''.
                        (F) Section 219(g)(3)(A)(ii) is amended by striking
                    ``222,''.
                        (G) Section 221(b)(2)(C)(i) is amended by striking
                    ``222,''.
                        (H) Section 469(i)(3)(E)(iii) is amended by
                    striking ``222,''.
        (c) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2020.

    SEC. 105. RAILROAD TRACK MAINTENANCE CREDIT.

        (a) Made Permanent.--Section 45G is amended by striking subsection
    (f).
        (b) Modification of Credit Rate.--Section 45G(a) is amended by
    striking ``50 percent'' and inserting ``40 percent (50 percent in the
    case of any taxable year beginning before January 1, 2023)''.
        (c) Effective Date.--The amendments made by this section shall
    apply to taxable years ending after the date of the enactment of this
    Act.

    SEC. 106. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED
                  SPIRITS.

        (a) Production Period for Beer, Wine, and Distilled Spirits.--
                (1) In general.--Section 263A(f)(4) is amended to read as
            follows:
                ``(4) Exemption for aging process of beer, wine, and
            distilled spirits.--For purposes of this subsection, the
            production period shall not include the aging period for--
                        ``(A) beer (as defined in section 5052(a)),
                        ``(B) wine (as described in section 5041(a)), or
                        ``(C) distilled spirits (as defined in section
                    5002(a)(8)), except such spirits that are unfit for use
                    for beverage purposes.''.
                (2) Effective date.--The amendment made by this subsection
            shall apply to interest costs paid or accrued after December
            31, 2020.
        (b) Reduced Rate of Excise Tax on Beer.--
                (1) In general.--Section 5051(a)(1) is amended to read as
            follows:
                ``(1) In general.--
                        ``(A) Imposition of tax.--A tax is hereby imposed
                    on all beer brewed or produced, and removed for
                    consumption or sale, within the United States, or
                    imported into the United States. Except as provided in
                    paragraph (2), the rate of such tax shall be--
                                ``(i) $16 on the first 6,000,000 barrels of
                            beer--
                                        ``(I) brewed by the brewer and
                                    removed during the calendar year for
                                    consumption or sale, or
                                        ``(II) imported by the importer
                                    into the United States during the
                                    calendar year, and
                                ``(ii) $18 on any barrels of beer to which
                            clause (i) does not apply.
                        ``(B) Barrel.--For purposes of this section, a
                    barrel shall contain not more than 31 gallons of beer,
                    and any tax imposed under this section shall be applied
                    at a like rate for any other quantity or for fractional
                    parts of a barrel.''.
                (2) Reduced rate for certain domestic production.--Section
            5051(a)(2)(A) is amended--
                        (A) in the heading, by inserting `` $3.50 a
                    barrel'' before ``rate'', and
                        (B) by striking `` $7'' and all that follows
                    through ``January 1, 2021)'' and inserting `` $3.50''.
                (3) Application of reduced tax rate for foreign
            manufacturers and importers.--Section 5051(a) is amended--
                        (A) in paragraph (1)(A)(i)(II), as amended by
                    paragraph (1) of this subsection, by inserting ``but
                    only if the importer is an electing importer under
                    paragraph (4) and the barrels have been assigned to the
                    importer pursuant to such paragraph'' after ``during
                    the calendar year'', and
                        (B) in paragraph (4)--
                                (i) in subparagraph (A), by striking
                            ``paragraph (1)(C)'' and inserting ``paragraph
                            (1)(A)'', and
                                (ii) in subparagraph (B), by striking ``The
                            Secretary'' and inserting ``The Secretary,
                            after consultation with the Secretary of the
                            Department of Homeland Security,''.
                (4) Controlled group and single taxpayer rules.--Section
            5051(a)(5) is amended by striking ``paragraph (1)(C)(i)'' each
            place it appears and inserting ``paragraph (1)(A)(i)''.
                (5) Effective date.--The amendments made by this subsection
            shall apply to beer removed after December 31, 2020.
        (c) Transfer of Beer Between Bonded Facilities.--
                (1) In general.--Section 5414 is amended to read as
            follows:

    ``SEC. 5414. TRANSFER OF BEER BETWEEN BONDED FACILITIES.

        ``(a) In General.--Beer may be removed from one brewery to another
    brewery, without payment of tax, and may be mingled with beer at the
    receiving brewery, subject to such conditions, including payment of the
    tax, and in such containers, as the Secretary by regulations shall
    prescribe, which shall include--
                ``(1) any removal from one brewery to another brewery
            belonging to the same brewer,
                ``(2) any removal from a brewery owned by one corporation
            to a brewery owned by another corporation when--
                        ``(A) one such corporation owns the controlling
                    interest in the other such corporation, or
                        ``(B) the controlling interest in each such
                    corporation is owned by the same person or persons, and
                ``(3) any removal from one brewery to another brewery
            when--
                        ``(A) the proprietors of transferring and receiving
                    premises are independent of each other and neither has
                    a proprietary interest, directly or indirectly, in the
                    business of the other, and
                        ``(B) the transferor has divested itself of all
                    interest in the beer so transferred and the transferee
                    has accepted responsibility for payment of the tax.
        ``(b) Transfer of Liability for Tax.--For purposes of subsection
    (a)(3), such relief from liability shall be effective from the time of
    removal from the transferor's premises, or from the time of divestment
    of interest, whichever is later.''.
                (2) Effective date.--The amendment made by this subsection
            shall apply to any calendar quarters beginning after December
            31, 2020.
        (d) Reduced Rate of Excise Tax on Certain Wine.--
                (1) In general.--Section 5041(c) is amended--
                        (A) in the heading, by striking ``for Small
                    Domestic Producers'',
                        (B) by amending paragraph (1) to read as follows:
                ``(1) Allowance of credit.--
                        ``(A) In general.--There shall be allowed as a
                    credit against any tax imposed by this title (other
                    than chapters 2, 21, and 22) an amount equal to the sum
                    of--
                                ``(i) $1 per wine gallon on the first
                            30,000 wine gallons of wine, plus
                                ``(ii) 90 cents per wine gallon on the
                            first 100,000 wine gallons of wine to which
                            clause (i) does not apply, plus
                                ``(iii) 53.5 cents per wine gallon on the
                            first 620,000 wine gallons of wine to which
                            clauses (i) and (ii) do not apply,
                    which are produced by the producer and removed during
                    the calendar year for consumption or sale, or which are
                    imported by the importer into the United States during
                    the calendar year.
                        ``(B) Adjustment of credit for hard cider.--In the
                    case of wine described in subsection (b)(6),
                    subparagraph (A) of this paragraph shall be applied--
                                ``(i) in clause (i) of such subparagraph,
                            by substituting `6.2 cents' for ` $1',
                                ``(ii) in clause (ii) of such subparagraph,
                            by substituting `5.6 cents' for `90 cents', and
                                ``(iii) in clause (iii) of such
                            subparagraph, by substituting `3.3 cents' for
                            `53.5 cents'.'',
                        (C) by striking paragraphs (2) and (8),
                        (D) by redesignating paragraphs (3) through (6) as
                    paragraphs (2) through (5), respectively,
                        (E) by redesignating paragraph (9) as paragraph
                    (6), and
                        (F) by amending paragraph (7) to read as follows:
                ``(7) Regulations.--The Secretary may prescribe such
            regulations as may be necessary to carry out the purposes of
            this subsection, including regulations to ensure proper
            calculation of the credit provided in this subsection.''.
                (2) Allowance of credit for foreign manufacturers and
            importers.--Section 5041(c), as amended by paragraph (1), is
            amended--
                        (A) in paragraph (1)(A), by inserting ``but only if
                    the importer is an electing importer under paragraph
                    (6) and the wine gallons of wine have been assigned to
                    the importer pursuant to such paragraph'' after ``into
                    the United States during the calendar year'', and
                        (B) in paragraph (6)--
                                (i) in subparagraph (A), by striking
                            ``paragraph (8)'' and inserting ``paragraph
                            (1)'',
                                (ii) in subparagraph (B), by striking ``The
                            Secretary'' and inserting ``The Secretary of
                            the Treasury, after consultation with the
                            Secretary of the Department of Homeland
                            Security,'', and
                                (iii) in subparagraph (C), by striking
                            ``paragraph (4)'' and inserting ``paragraph
                            (3)''.
                (3) Effective date.--The amendments made by this subsection
            shall apply to wine removed after December 31, 2020.
        (e) Adjustment of Alcohol Content Level for Application of Excise
    Tax Rates.--
                (1) In general.--Paragraphs (1) and (2) of section 5041(b)
            are each amended by striking ``14 percent'' and all that
            follows through ``January 1, 2021'' and inserting ``16
            percent''.
                (2) Effective date.--The amendments made by this subsection
            shall apply to wine removed after December 31, 2020.
        (f) Definition of Mead and Low Alcohol by Volume Wine.--
                (1) In general.--Section 5041(h) is amended--
                        (A) in paragraph (2), by striking ``the Secretary
                    shall'' each place it appears and inserting ``the
                    Secretary may'', and
                        (B) by striking paragraph (3).
                (2) Effective date.--The amendments made by this subsection
            shall apply to wine removed after December 31, 2020.
        (g) Reduced Rate of Excise Tax on Certain Distilled Spirits.--
                (1) In general.--Section 5001(c) is amended--
                        (A) in the heading, by striking ``Temporary Reduced
                    Rate'' and inserting ``Reduced Rate'',
                        (B) in paragraph (3)(B), by striking ``The
                    Secretary'' and inserting ``The Secretary of the
                    Treasury, after consultation with the Secretary of the
                    Department of Homeland Security,'', and
                        (C) by striking paragraph (4).
                (2) Effective date.--The amendments made by this subsection
            shall apply to distilled spirits removed after December 31,
            2020.
        (h) Bulk Distilled Spirits.--
                (1) In general.--Section 5212 is amended by striking ``and
            before January 1, 2021,'' and inserting ``between bonded
            premises belonging to the same person or members of the same
            controlled group (within the meaning of section 5001(c)(2))''.
                (2) Non-bulk transfers related to bottling or storage.--
            Section 5212 is amended by adding at the end the following new
            sentence: ``In the case of distilled spirits transferred in
            bond from the person who distilled or processed such distilled
            spirits (hereinafter referred to as `transferor') to another
            person for bottling or storage of such distilled spirits, and
            returned to the transferor for removal, this section shall be
            applied without regard to whether distilled spirits are bulk
            distilled spirits, but only if the transferor retains title
            during the entire period between such distillation, or
            processing, and removal.''.
                (3) Effective date.--The amendments made by this subsection
            shall apply to distilled spirits transferred in bond after
            December 31, 2020.
        (i) Simplification of Rules Regarding Records, Statements, and
    Returns.--
                (1) In general.--Section 5555(a) is amended by striking
            ``For calendar quarters beginning after the date of the
            enactment of this sentence, and before January 1, 2021, the
            Secretary'' and inserting ``The Secretary''.
                (2) Effective date.--The amendment made by this subsection
            shall apply to calendar quarters beginning after December 31,
            2020.

    SEC. 107. REFUNDS IN LIEU OF REDUCED RATES FOR CERTAIN CRAFT BEVERAGES
                  PRODUCED OUTSIDE THE UNITED STATES.

        (a) Distilled Spirits.--
                (1) In general.--Section 5001(c), as amended by the
            preceding provisions of this Act, is amended by adding at the
            end the following new paragraph:
                ``(4) Refunds in lieu of reduced rates for foreign
            production removed after december 31, 2022.--
                        ``(A) In general.--In the case of any proof gallons
                    of distilled spirits which have been produced outside
                    the United States and imported into the United States,
                    if such proof gallons of distilled spirits are removed
                    after December 31, 2022--
                                ``(i) paragraph (1) shall not apply, and
                                ``(ii) the amount determined under
                            subparagraph (B) shall be allowed as a refund,
                            determined for periods not less frequently than
                            quarterly, to the importer in the same manner
                            as if such amount were an overpayment of tax
                            imposed by this section.
                        ``(B) Amount of refund.--The amount determined
                    under this subparagraph with respect to any importer
                    for any period is an amount equal to the sum of--
                                ``(i) the excess (if any) of--
                                        ``(I) the amount of tax imposed
                                    under this subpart on proof gallons of
                                    distilled spirits referred to in
                                    subparagraph (A) which were removed
                                    during such period, over
                                        ``(II) the amount of tax which
                                    would have been imposed under this
                                    subpart on such proof gallons of
                                    distilled spirits if this section were
                                    applied without regard to this
                                    paragraph, plus
                                ``(ii) the amount of interest which would
                            be allowed and paid on an overpayment of tax at
                            the overpayment rate established under section
                            6621(a)(1) (without regard to the second
                            sentence thereof) were such rate applied to the
                            excess (if any) determined under clause (i) for
                            the number of days in the filing period for
                            which the refund under this paragraph is being
                            determined.
                        ``(C) Application of rules related to elections and
                    assignments.--Subparagraph (A)(ii) shall apply only if
                    the importer is an electing importer under paragraph
                    (3) and the proof gallons of distilled spirits have
                    been assigned to the importer pursuant to such
                    paragraph.
                        ``(D) Rules for refunds within 90 days.--For
                    purposes of refunds allowed under this paragraph,
                    section 6611(e) shall be applied by substituting `90
                    days' for `45 days' each place it appears.''.
                (2) Coordination with determination for cover over to
            puerto rico and virgin islands.--
                        (A) In general.--Section 7652 is amended by adding
                    at the end the following new subsection:
        ``(i) Determination of Taxes Collected.--For purposes of
    subsections (a)(3), (b)(3), and (e)(1), refunds under section
    5001(c)(4) shall not be taken into account as a refund, and the amount
    of taxes imposed by and collected under section 5001(a)(1) shall be
    determined without regard to section 5001(c).''.
                        (B) Conforming amendment.--Section 7652(e) is
                    amended by striking paragraph (5).
                (3) Effective date.--The amendments made by this subsection
            shall apply to distilled spirits brought into the United States
            and removed after December 31, 2022.
        (b) Beer.--
                (1) In general.--Section 5051(a) is amended by adding at
            the end the following new paragraph:
                ``(6) Refunds in lieu of reduced rates for foreign
            production removed after december 31, 2022.--
                        ``(A) In general.--In the case of any barrels of
                    beer which have been produced outside the United States
                    and imported into the United States, if such barrels of
                    beer are removed after December 31, 2022--
                                ``(i) paragraph (1)(A)(i) shall not apply,
                            and
                                ``(ii) the amount determined under
                            subparagraph (B) shall be allowed as a refund,
                            determined for periods not less frequently than
                            quarterly, to the importer in the same manner
                            as if such amount were an overpayment of tax
                            imposed by this section.
                        ``(B) Amount of refund.--The amount determined
                    under this subparagraph with respect to any importer
                    for any period is an amount equal to the sum of--
                                ``(i) excess (if any) of--
                                        ``(I) the amount of tax imposed
                                    under this section on barrels of beer
                                    referred to in subparagraph (A) which
                                    were removed during such period, over
                                        ``(II) the amount of tax which
                                    would have been imposed under this
                                    section on such barrels of beer if this
                                    section were applied without regard to
                                    this paragraph, plus
                                ``(ii) the amount of interest which would
                            be allowed and paid on an overpayment of tax at
                            the overpayment rate established under section
                            6621(a)(1) (without regard to the second
                            sentence thereof) were such rate applied to the
                            excess (if any) determined under clause (i) for
                            the number of days in the filing period for
                            which the refund under this paragraph is being
                            determined.
                        ``(C) Application of rules related to elections and
                    assignments.--Subparagraph (A)(ii) shall apply only if
                    the importer is an electing importer under paragraph
                    (4) and the barrels of beer have been assigned to the
                    importer pursuant to such paragraph.
                        ``(D) Rules for refunds within 90 days.--For
                    purposes of refunds allowed under this paragraph,
                    section 6611(e) shall be applied by substituting `90
                    days' for `45 days' each place it appears.''.
                (2) Effective date.--The amendment made by this subsection
            shall apply to beer removed after December 31, 2022.
        (c) Wine.--
                (1) In general.--Section 5041(c), as amended by the
            preceding provisions of this Act, is amended by redesignating
            paragraph (7) as paragraph (8) and by inserting after paragraph
            (6) the following new paragraph:
                ``(7) Refunds in lieu of tax credits for foreign production
            removed after december 31, 2022.--
                        ``(A) In general.--In the case of any wine gallons
                    of wine which have been produced outside the United
                    States and imported into the United States, if such
                    wine gallons are removed after December 31, 2022--
                                ``(i) paragraph (1) shall not apply, and
                                ``(ii) the amount determined under
                            subparagraph (B) shall be allowed as a refund,
                            determined for periods not less frequently than
                            quarterly, to the importer in the same manner
                            as if such amount were an overpayment of tax
                            imposed by this section.
                        ``(B) Amount of refund.--The amount determined
                    under this subparagraph with respect to any importer
                    for any period is an amount equal to the sum of--
                                ``(i) excess (if any) of--
                                        ``(I) the amount of tax imposed
                                    under this section on wine gallons of
                                    wine referred to in subparagraph (A)
                                    which were removed during such period,
                                    over
                                        ``(II) the amount of tax which
                                    would have been imposed under this
                                    section (including any allowable
                                    credits) on such gallons of wine if
                                    this section were applied without
                                    regard to this paragraph, plus
                                ``(ii) the amount of interest which would
                            be allowed and paid on an overpayment of tax at
                            the overpayment rate established under section
                            6621(a)(1) (without regard to the second
                            sentence thereof) were such rate applied to the
                            excess (if any) determined under clause (i) for
                            the number of days in the filing period for
                            which the refund under this paragraph is being
                            determined.
                        ``(C) Application of rules related to elections and
                    assignments.--Subparagraph (A)(ii) shall apply only if
                    the importer is an electing importer under paragraph
                    (6) and the wine gallons of wine have been assigned to
                    the importer pursuant to such paragraph.
                        ``(D) Rules for refunds within 90 days.--For
                    purposes of refunds allowed under this paragraph,
                    section 6611(e) shall be applied by substituting `90
                    days' for `45 days' each place it appears.''.
                (2) Effective date.--The amendments made by this subsection
            shall apply to wine removed after December 31, 2022.
        (d) Information Reporting in Case of Assignment of Lower Rates or
    Refunds by Foreign Producers of Beer, Wine, and Distilled Spirits.--
                (1) In general.--Subpart A of part III of subchapter A of
            chapter 61 is amended by inserting after section 6038D the
            following new section:

    ``SEC. 6038E. INFORMATION WITH RESPECT TO ASSIGNMENT OF LOWER RATES OR
                  REFUNDS BY FOREIGN PRODUCERS OF BEER, WINE, AND DISTILLED
                  SPIRITS.

        ``Any foreign producer that elects to make an assignment described
    in section 5001(c), 5041(c), or 5051(a) shall provide such information,
    at such time and in such manner, as the Secretary may prescribe in
    order to make such assignment, including information about the
    controlled group structure of such foreign producer.''.
                (2) Clerical amendment.--Table of sections for subpart A of
            part III of subchapter A of chapter 61 is amended by inserting
            after the item relating to section 6038D the following new
            item:

    ``Sec. 6038E. Information with respect to assignment of lower rates or
                                refunds by foreign producers of beer, wine,
                                and distilled spirits.''.
                (3) Effective date.--The amendments made by this subsection
            shall apply to elections to make an assignment under section
            5001(c), 5041(c), or 5051(a) of the Internal Revenue Code of
            1986 after December 31, 2020.
        (e) Administration of Refunds.--The Secretary of the Treasury (or
    the Secretary's delegate within the Department of the Treasury) shall
    implement and administer sections 5001(c)(4), 5041(c)(7), and
    5051(a)(6) of the Internal Revenue Code of 1986, as added by this Act,
    in coordination with the United States Customs and Border Protection of
    the Department of Homeland Security.
        (f) Regulations.--The Secretary of the Treasury (or the Secretary's
    delegate within the Department of the Treasury) shall prescribe such
    regulations as may be necessary or appropriate to carry out the
    purposes of this section, including regulations to require foreign
    producers to provide information necessary to enforce the volume
    limitations under sections 5001(c), 5041(c), and 5051(a) of such Code.
        (g) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of the Treasury (or the
    Secretary's delegate within the Department of the Treasury) shall, in
    coordination with the United States Customs and Border Protection of
    the Department of Homeland Security, prepare, submit to Congress, and
    make publicly available a report detailing the plans for implementing
    and administering sections 5001(c)(4), 5041(c)(7), and 5051(a)(6) of
    such Code, as added by this Act.

    SEC. 108. REDUCED RATES NOT ALLOWED FOR SMUGGLED OR ILLEGALLY PRODUCED
                  BEER, WINE, AND SPIRITS.

        (a) In General.--Subpart E of part I of subchapter A of chapter 51
    is amended by redesignating section 5067 as section 5068 and by
    inserting after section 5066 the following new section:

    ``SEC. 5067. REDUCED RATES NOT ALLOWED FOR SMUGGLED OR ILLEGALLY
                  PRODUCED BEER, WINE, OR SPIRITS.

        ``In the case of beer, wine, or distilled spirits that are smuggled
    into the United States or produced other than as authorized by this
    chapter--
                ``(1) the rates of tax under paragraphs (1)(A)(i) and (2)
            of section 5051(a) shall not apply in the case of any such
            beer,
                ``(2) the credit under section 5041(c) shall not apply in
            the case of any such wine, and
                ``(3) the rates of tax under section 5001(c) shall not
            apply in the case of any such distilled spirits.''.
        (b) Clerical Amendment.--The table of sections for subpart E of
    part I of subchapter A of chapter 51 is amended by striking the last
    item and inserting the following new items:

    ``Sec. 5067. Reduced rates not allowed for illegally produced beer,
                                wine, or spirits.
    ``Sec. 5068. Cross reference.''.
        (c) Effective Date.--The amendments made by this section shall
    apply to beer, wine, or distilled spirits, as the case may be, produced
    after the date of the enactment of this Act.

    SEC. 109. MINIMUM PROCESSING REQUIREMENTS FOR REDUCED DISTILLED SPIRITS
                  RATES.

        (a) In General.--Section 5001(c), as amended by the preceding
    provisions of this Act, is amended by adding at the end the following:
                ``(5) Processed distilled spirits.--A distilled spirit
            shall not be treated as processed for purposes of this
            subsection unless a process described in section 5002(a)(5)(A)
            (other than bottling) is performed with respect to such
            distilled spirit.''.
        (b) Effective Date.--The amendment made by this section shall apply
    to distilled spirits removed after December 31, 2021.

    SEC. 110. MODIFICATION OF SINGLE TAXPAYER RULES.

        (a) Beer.--Section 5051(a)(5)(C) is amended by striking ``marketed
    under a similar brand, license'' and inserting ``under a license''.
        (b) Wine.--For single taxpayer rules relating to wine, see cross
    reference under section 5041(c)(3) of the Internal Revenue Code of
    1986, as redesignated by this Act.
        (c) Distilled Spirits.--
                (1) In general.--Section 5001(c)(2)(D) is amended by
            striking ``marketed under a similar brand, license'' and
            inserting ``under a license''.
                (2) Application to processors.--Section 5001(c)(2)(D) is
            further amended by inserting ``or process'' after ``that
            produce''.
        (d) Effective Date.--The amendments made by this section shall
    apply to beer, wine, and distilled spirits removed after December 31,
    2020.

              Subtitle B--Certain Provisions Extended Through 2025

    SEC. 111. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN CORPORATIONS.

        (a) In General.--Section 954(c)(6)(C) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2026''.
        (b) Effective Date.--The amendment made by this section shall apply
    to taxable years of foreign corporations beginning after December 31,
    2020, and to taxable years of United States shareholders with or within
    which such taxable years of foreign corporations end.

    SEC. 112. NEW MARKETS TAX CREDIT.

        (a) In General.--Section 45D(f)(1)(H) is amended by striking
    ``2020'' and inserting ``for each of calendar years 2020 through
    2025''.
        (b) Carryover of Unused Limitation.--Section 45D(f)(3) is amended
    by striking ``2025'' and inserting ``2030''.
        (c) Effective Date.--The amendments made by this section shall
    apply to calendar years beginning after December 31, 2020.

    SEC. 113. WORK OPPORTUNITY CREDIT.

        (a) In General.--Section 51(c)(4) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2025''.
        (b) Effective Date.--The amendment made by this section shall apply
    to individuals who begin work for the employer after December 31, 2020.

    SEC. 114. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED
                  PRINCIPAL RESIDENCE INDEBTEDNESS.

        (a) In General.--Section 108(a)(1)(E) is amended by striking
    ``January 1, 2021'' both places it appears and inserting ``January 1,
    2026''.
        (b) Modification of Maximum Acquisition Indebtedness Taken Into
    Account.--Section 108(h)(2) is amended by striking `` $2,000,000 (
    $1,000,000'' and inserting `` $750,000 ( $375,000''.
        (c) Effective Date.--The amendments made by this section shall
    apply to discharges of indebtedness after December 31, 2020.

    SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT
                  COMPLEXES.

        (a) In General.--Section 168(i)(15)(D) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2025''.
        (b) Effective Date.--The amendment made by this section shall apply
    to property placed in service after December 31, 2020.

    SEC. 116. EXPENSING RULES FOR CERTAIN PRODUCTIONS.

        (a) Extension.--Section 181(g) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2025''.
        (b) Effective Date.--The amendment made by this section shall apply
    to productions commencing after December 31, 2020.

    SEC. 117. OIL SPILL LIABILITY TRUST FUND RATE.

        (a) In General.--Section 4611(f)(2) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2025''.
        (b) Effective Date.--The amendment made by this section shall apply
    on and after January 1, 2021.

    SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.

        (a) In General.--Section 1391(d)(1)(A)(i) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2025''.
        (b) Termination of Increase in Expensing Under Section 179.--
    Section 1397A is amended by adding at the end the following new
    subsection:
        ``(c) Termination.--This section shall not apply to any property
    placed in service in taxable years beginning after December 31,
    2020.''.
        (c) Termination of Nonrecognition of Gain on Rollover of
    Empowerment Zone Investments.--Section 1397B is amended by adding at
    the end the following new subsection:
        ``(c) Termination.--This section shall not apply to sales in
    taxable years beginning after December 31, 2020.''.
        (d) Treatment of Certain Termination Dates Specified in
    Nominations.--In the case of a designation of an empowerment zone the
    nomination for which included a termination date which is
    contemporaneous with the date specified in subparagraph (A)(i) of
    section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect
    before the enactment of this Act), subparagraph (B) of such section
    shall not apply with respect to such designation if, after the date of
    the enactment of this section, the entity which made such nomination
    amends the nomination to provide for a new termination date in such
    manner as the Secretary of the Treasury (or the Secretary's designee)
    may provide.
        (e) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2020.

    SEC. 119. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.

        (a) In General.--Section 45S(i) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2025''.
        (b) Effective Date.--The amendment made by this section shall apply
    to wages paid in taxable years beginning after December 31, 2020.

    SEC. 120. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT LOANS.

        (a) In General.--Section 127(c)(1)(B) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2026''.
        (b) Effective Date.--The amendment made by this section shall apply
    to payments made after December 31, 2020.

    SEC. 121. EXTENSION OF CARBON OXIDE SEQUESTRATION CREDIT.

        Section 45Q(d)(1) is amended by striking ``January 1, 2024'' and
    inserting ``January 1, 2026''.

               Subtitle C--Extension of Certain Other Provisions

    SEC. 131. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
                  RESOURCES.

        (a) In General.--The following provisions of section 45(d) are each
    amended by striking ``January 1, 2021'' each place it appears and
    inserting ``January 1, 2022'':
                (1) Paragraph (1).
                (2) Paragraph (2)(A).
                (3) Paragraph (3)(A).
                (4) Paragraph (4)(B).
                (5) Paragraph (6).
                (6) Paragraph (7).
                (7) Paragraph (9).
                (8) Paragraph (11)(B).
        (b) Extension of Election to Treat Qualified Facilities as Energy
    Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1,
    2021'' and inserting ``January 1, 2022''.
        (c) Conforming Amendments Related to Application of Phaseout
    Percentage.--
                (1) Section 45(b)(5)(D) is amended by striking ``January 1,
            2021'' and inserting ``January 1, 2022''.
                (2) Section 48(a)(5)(E)(iv) is amended by striking
            ``January 1, 2021'' and inserting ``January 1, 2022''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on January 1, 2021.

    SEC. 132. EXTENSION AND PHASEOUT OF ENERGY CREDIT.

        (a) Extensions.--Section 48 is amended--
                (1) in subsection (a)--
                        (A) in paragraph (2)(A)(i)(II), by striking
                    ``January 1, 2022'' and inserting ``January 1, 2024'',
                    and
                        (B) in paragraph (3)(A)--
                                (i) in clause (ii), by striking ``January
                            1, 2022'' and inserting ``January 1, 2024'',
                            and
                                (ii) in clause (vii), by striking ``January
                            1, 2022'' and inserting ``January 1, 2024'',
                            and
                (2) in subsection (c)--
                        (A) in paragraph (1)(D), by striking ``January 1,
                    2022'' and inserting ``January 1, 2024'',
                        (B) in paragraph (2)(D), by striking ``January 1,
                    2022'' and inserting ``January 1, 2024'',
                        (C) in paragraph (3)(A)(iv), by striking ``January
                    1, 2022'' and inserting ``January 1, 2024'', and
                        (D) in paragraph (4)(C), by striking ``January 1,
                    2022'' and inserting ``January 1, 2024''.
        (b) Phaseouts.--
                (1) Solar energy property.--Section 48(a)(6) is amended--
                        (A) in subparagraph (A)--
                                (i) by striking ``January 1, 2022, the
                            energy percentage'' and inserting ``January 1,
                            2024, the energy percentage'',
                                (ii) in clause (i), by striking ``January
                            1, 2021'' and inserting ``January 1, 2023'',
                            and
                                (iii) in clause (ii), by striking ``after
                            December 31, 2020, and before January 1, 2022''
                            and inserting ``after December 31, 2022, and
                            before January 1, 2024'', and
                        (B) in subparagraph (B), by striking ``begins
                    before January 1, 2022, and which is not placed in
                    service before January 1, 2024'' and inserting ``begins
                    before January 1, 2024, and which is not placed in
                    service before January 1, 2026''.
                (2) Fiber-optic solar, qualified fuel cell, and qualified
            small wind energy property.--Section 48(a)(7) is amended--
                        (A) in subparagraph (A)--
                                (i) in clause (i), by striking ``January 1,
                            2021'' and inserting ``January 1, 2023'', and
                                (ii) in clause (ii), by striking ``after
                            December 31, 2020, and before January 1, 2022''
                            and inserting ``after December 31, 2022, and
                            before January 1, 2024'', and
                        (B) in subparagraph (B), by striking ``January 1,
                    2024'' and inserting ``January 1, 2026''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on January 1, 2020.

    SEC. 133. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED
                  RESIDENCE INTEREST.

        (a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to amounts paid or accrued after December 31, 2020.

    SEC. 134. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS.

        (a) In General.--Section 35(b)(1)(B) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2022''.
        (b) Effective Date.--The amendment made by this section shall apply
    to months beginning after December 31, 2020.

    SEC. 135. INDIAN EMPLOYMENT CREDIT.

        (a) In General.--Section 45A(f) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to taxable years beginning after December 31, 2020.

    SEC. 136. MINE RESCUE TEAM TRAINING CREDIT.

        (a) In General.--Section 45N(e) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to taxable years beginning after December 31, 2020.

    SEC. 137. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR PROPERTY.

        (a) In General.--Section 168(e)(3)(A)(i) is amended--
                (1) by striking ``January 1, 2021'' in subclause (I) and
            inserting ``January 1, 2022'', and
                (2) by striking ``December 31, 2020'' in subclause (II) and
            inserting ``December 31, 2021''.
        (b) Effective Date.--The amendments made by this section shall
    apply to property placed in service after December 31, 2020.

    SEC. 138. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN
                  RESERVATIONS.

        (a) In General.--Section 168(j)(9) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to property placed in service after December 31, 2020.

    SEC. 139. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

        (a) In General.--Section 119(d) of division A of the Tax Relief and
    Health Care Act of 2006 is amended--
                (1) by striking ``January 1, 2021'' each place it appears
            and inserting ``January 1, 2022'',
                (2) by striking ``first 15 taxable years'' in paragraph (1)
            and inserting ``first 16 taxable years'', and
                (3) by striking ``first 9 taxable years'' in paragraph (2)
            and inserting ``first 10 taxable years''.
        (b) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2020.

    SEC. 140. SECOND GENERATION BIOFUEL PRODUCER CREDIT.

        (a) In General.--Section 40(b)(6)(J)(i) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2022''.
        (b) Effective Date.--The amendment made by this section shall apply
    to qualified second generation biofuel production after December 31,
    2020.

    SEC. 141. NONBUSINESS ENERGY PROPERTY.

        (a) In General.--Section 25C(g)(2) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to property placed in service after December 31, 2020.

    SEC. 142. QUALIFIED FUEL CELL MOTOR VEHICLES.

        (a) In General.--Section 30B(k)(1) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to property purchased after December 31, 2020.

    SEC. 143. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.

        (a) In General.--Section 30C(g) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to property placed in service after December 31, 2020.

    SEC. 144. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.

        (a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2022''.
        (b) Effective Date.--The amendment made by this section shall apply
    to vehicles acquired after December 31, 2020.

    SEC. 145. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.

        (a) In General.--Section 45(e)(10)(A) is amended by striking ``15-
    year period'' each place it appears and inserting ``16-year period''.
        (b) Effective Date.--The amendments made by this section shall
    apply to coal produced after December 31, 2020.

    SEC. 146. ENERGY EFFICIENT HOMES CREDIT.

        (a) In General.--Section 45L(g) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to homes acquired after December 31, 2020.

    SEC. 147. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE
                  FUELS.

        (a) In General.--Sections 6426(d)(5) and 6426(e)(3) are each
    amended by striking ``December 31, 2020'' and inserting ``December 31,
    2021''.
        (b) Outlay Payments for Alternative Fuels.--Section 6427(e)(6)(C)
    is amended by striking ``December 31, 2020'' and inserting ``December
    31, 2021''.
        (c) Effective Date.--The amendments made by this subsection shall
    apply to fuel sold or used after December 31, 2020.

    SEC. 148. EXTENSION OF RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT AND
                  INCLUSION OF BIOMASS FUEL PROPERTY EXPENDITURES.

        (a) Extension.--
                (1) In general.--Section 25D(h) is amended by striking
            ``December 31, 2021'' and inserting ``December 31, 2023''.
                (2) Phasedown.--Section 25D(g) is amended--
                        (A) by striking ``January 1, 2021'' in paragraph
                    (2) and inserting ``January 1, 2023'', and
                        (B) by striking ``after December 31, 2020, and
                    before January 1, 2022'' in paragraph (3) and inserting
                    ``after December 31, 2022, and before January 1,
                    2024''.
        (b) Qualified Biomass Fuel Property Expenditures.--
                (1) In general.--Section 25D(a) is amended by striking
            ``and'' at the end of paragraph (4), by inserting ``and'' at
            the end of paragraph (5), and by inserting after paragraph (5)
            the following new paragraph:
                ``(6) the qualified biomass fuel property expenditures,
            and''.
                (2) Qualified biomass fuel property expenditures defined.--
            Section 25D(d) is amended by adding at the end the following
            new paragraph:
                ``(6) Qualified biomass fuel property expenditure.--
                        ``(A) In general.--The term `qualified biomass fuel
                    property expenditure' means an expenditure for
                    property--
                                ``(i) which uses the burning of biomass
                            fuel to heat a dwelling unit located in the
                            United States and used as a residence by the
                            taxpayer, or to heat water for use in such a
                            dwelling unit, and
                                ``(ii) which has a thermal efficiency
                            rating of at least 75 percent (measured by the
                            higher heating value of the fuel).
                        ``(B) Biomass fuel.--For purposes of this section,
                    the term `biomass fuel' means any plant-derived fuel
                    available on a renewable or recurring basis.''.
                (3) Denial of double benefit for biomass stoves.--
                        (A) In general.--Section 25C(d)(3) is amended by
                    adding ``and'' at the end of subparagraph (C), by
                    striking ``, and'' at the end of subparagraph (D) and
                    inserting a period, and by striking subparagraph (E).
                        (B) Conforming amendment.--Section 25C(d) is
                    amended by striking paragraph (6).
        (c) Effective Date.--
                (1) Extension.--The amendments made by subsection (a) shall
            apply to property placed in service after December 31, 2020.
                (2) Qualified biomass fuel property expenditures.--The
            amendments made by subsection (b) shall apply to expenditures
            paid or incurred in taxable years beginning after December 31,
            2020.

    SEC. 149. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.

        (a) In General.--Section 4121(e)(2)(A) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to sales after December 31, 2020.

                           TITLE II--OTHER PROVISIONS

    SEC. 201. MINIMUM LOW-INCOME HOUSING TAX CREDIT RATE.

        (a) In General.--Subsection (b) of section 42 is amended--
                (1) by redesignating paragraph (3) as paragraph (4), and
                (2) by inserting after paragraph (2) the following new
            paragraph:
                ``(3) Minimum credit rate.--In the case of any new or
            existing building to which paragraph (2) does not apply and
            which is placed in service by the taxpayer after December 31,
            2020, the applicable percentage shall not be less than 4
            percent.''.
        (b) Effective Date.--The amendments made by this section shall
    apply to--
                (1) any building which receives an allocation of housing
            credit dollar amount after December 31, 2020, and
                (2) in the case of any building any portion of which is
            financed with an obligation described in section 42(h)(4)(A),
            any such building if any such obligation which so finances such
            building is issued after December 31, 2020.

    SEC. 202. DEPRECIATION OF CERTAIN RESIDENTIAL RENTAL PROPERTY OVER 30-
                  YEAR PERIOD.

        Section 13204(b) of Public Law 115-97 is amended--
                (1) in paragraph (1), by striking ``paragraph (2)'' and
            inserting ``paragraphs (2) and (3)'', and
                (2) by adding at the end the following:
                ``(3) Certain residential rental property.--In the case of
            any residential rental property--
                        ``(A) which was placed in service before January 1,
                    2018,
                        ``(B) which is held by an electing real property
                    trade or business (as defined in section 163(j)(7)(B)
                    of the Internal Revenue Code of 1986), and
                        ``(C) for which subparagraph (A), (B), (C), (D), or
                    (E) of section 168(g)(1) of the Internal Revenue Code
                    of 1986 did not apply prior to such date,
            the amendments made by subsection (a)(3)(C) shall apply to
            taxable years beginning after December 31, 2017.''.

    SEC. 203. WASTE ENERGY RECOVERY PROPERTY ELIGIBLE FOR ENERGY CREDIT.

        (a) In General.--Section 48(a)(3)(A) is amended by striking ``or''
    at the end of clause (vi), by inserting ``or'' at the end of clause
    (vii), and by adding at the end the following new clause:
                                ``(viii) waste energy recovery property,''.
        (b) Application of 30 Percent Credit.--Section 48(a)(2)(A)(i) is
    amended by striking ``and'' at the end of subclause (III) and by adding
    at the end the following new subclause:
                                        ``(V) waste energy recovery
                                    property, and''.
        (c) Application of Phaseout.--Section 48(a)(7) is amended--
                (1) by inserting ``waste energy recovery property,'' after
            ``qualified small wind property,'', and
                (2) by striking ``fiber-optic solar, qualified fuel cell,
            and qualified small wind'' in the heading thereof and inserting
            ``certain other''.
        (d) Definition.--Section 48(c) is amended by adding at the end the
    following new paragraphs:
                ``(5) Waste energy recovery property.--
                        ``(A) In general.--The term `waste energy recovery
                    property' means property that generates electricity
                    solely from heat from buildings or equipment if the
                    primary purpose of such building or equipment is not
                    the generation of electricity.
                        ``(B) Capacity limitation.--The term `waste energy
                    recovery property' shall not include any property which
                    has a capacity in excess of 50 megawatts.
                        ``(C) No double benefit.--Any waste energy recovery
                    property (determined without regard to this
                    subparagraph) which is part of a system which is a
                    combined heat and power system property shall not be
                    treated as waste energy recovery property for purposes
                    of this section unless the taxpayer elects to not treat
                    such system as a combined heat and power system
                    property for purposes of this section.
                        ``(D) Termination.--The term `waste energy recovery
                    property' shall not include any property the
                    construction of which does not begin before January 1,
                    2024.''.
        (e) Effective Date.--The amendments made by this section shall
    apply to periods after December 31, 2020, under rules similar to the
    rules of section 48(m) as in effect on the day before the date of the
    enactment of the Revenue Reconciliation Act of 1990.

    SEC. 204. EXTENSION OF ENERGY CREDIT FOR OFFSHORE WIND FACILITIES.

        (a) In General.--Section 48(a)(5) is amended by adding at the end
    the following new subparagraph:
                        ``(F) Qualified offshore wind facilities.--
                                ``(i) In general.--In the case of any
                            qualified offshore wind facility--
                                        ``(I) subparagraph (C)(ii) shall be
                                    applied by substituting `January 1,
                                    2026' for `January 1, 2022',
                                        ``(II) subparagraph (E) shall not
                                    apply, and
                                        ``(III) for purposes of this
                                    paragraph, section 45(d)(1) shall be
                                    applied by substituting `January 1,
                                    2026'' for `January 1, 2022'.
                                ``(ii) Qualified offshore wind facility.--
                            For purposes of this subparagraph, the term
                            `qualified offshore wind facility' means a
                            qualified facility (within the meaning of
                            section 45) described in paragraph (1) of
                            section 45(d) (determined without regard to any
                            date by which the construction of the facility
                            is required to begin) which is located in the
                            inland navigable waters of the United States or
                            in the coastal waters of the United States.''.
        (b) Effective Date.--The amendment made by this section shall apply
    to periods after December 31, 2016, under rules similar to the rules of
    section 48(m) of the Internal Revenue Code of 1986 (as in effect on the
    day before the date of the enactment of the Revenue Reconciliation Act
    of 1990).

    SEC. 205. MINIMUM RATE OF INTEREST FOR CERTAIN DETERMINATIONS RELATED
                  TO LIFE INSURANCE CONTRACTS.

        (a) Modification of Minimum Rate for Purposes of Cash Value
    Accumulation Test.--
                (1) In general.--Section 7702(b)(2)(A) is amended by
            striking ``an annual effective rate of 4 percent'' and
            inserting ``the applicable accumulation test minimum rate''.
                (2) Applicable accumulation test minimum rate.--Section
            7702(b) is amended by adding at the end the following new
            paragraph:
                ``(3) Applicable accumulation test minimum rate.--For
            purposes of paragraph (2)(A), the term `applicable accumulation
            test minimum rate' means the lesser of--
                        ``(A) an annual effective rate of 4 percent, or
                        ``(B) the insurance interest rate (as defined in
                    subsection (f)(11)) in effect at the time the contract
                    is issued.''.
        (b) Modification of Minimum Rate for Purposes of Guideline Premium
    Requirements.--
                (1) In general.--Section 7702(c)(3)(B)(iii) is amended by
            striking ``an annual effective rate of 6 percent'' and
            inserting ``the applicable guideline premium minimum rate''.
                (2) Applicable guideline premium minimum rate.--Section
            7702(c)(3) is amended by adding at the end the following new
            subparagraph:
                        ``(E) Applicable guideline premium minimum rate.--
                    For purposes of subparagraph (B)(iii), the term
                    `applicable guideline premium minimum rate' means the
                    applicable accumulation test minimum rate (as defined
                    in subsection (b)(3)) plus 2 percentage points.''.
        (c) Application of Modified Minimum Rates to Determination of
    Guideline Level Premium.--Section 7702(c)(4) is amended--
                (1) by striking ``4 percent'' and inserting ``the
            applicable accumulation test minimum rate'', and
                (2) by striking ``6 percent'' and inserting ``the
            applicable guideline premium minimum rate''.
        (d) Insurance Interest Rate.--Section 7702(f) is amended by adding
    at the end the following new paragraph:
                ``(11) Insurance interest rate.--For purposes of this
            section--
                        ``(A) In general.--The term `insurance interest
                    rate' means, with respect to any contract issued in any
                    calendar year, the lesser of--
                                ``(i) the section 7702 valuation interest
                            rate for such calendar year (or, if such
                            calendar year is not an adjustment year, the
                            most recent adjustment year), or
                                ``(ii) the section 7702 applicable Federal
                            interest rate for such calendar year (or, if
                            such calendar year is not an adjustment year,
                            the most recent adjustment year).
                        ``(B) Section 7702 valuation interest rate.--The
                    term `section 7702 valuation interest rate' means, with
                    respect to any adjustment year, the prescribed U.S.
                    valuation interest rate for life insurance with
                    guaranteed durations of more than 20 years (as defined
                    in the National Association of Insurance Commissioners'
                    Standard Valuation Law) as effective in the calendar
                    year immediately preceding such adjustment year.
                        ``(C) Section 7702 applicable federal interest
                    rate.--The term `section 7702 applicable Federal
                    interest rate' means, with respect to any adjustment
                    year, the average (rounded to the nearest whole
                    percentage point) of the applicable Federal mid-term
                    rates (as defined in section 1274(d) but based on
                    annual compounding) effective as of the beginning of
                    each of the calendar months in the most recent 60-month
                    period ending before the second calendar year prior to
                    such adjustment year.
                        ``(D) Adjustment year.--The term `adjustment year'
                    means the calendar year following any calendar year
                    that includes the effective date of a change in the
                    prescribed U.S. valuation interest rate for life
                    insurance with guaranteed durations of more than 20
                    years (as defined in the National Association of
                    Insurance Commissioners' Standard Valuation Law).
                        ``(E) Transition rule.--Notwithstanding
                    subparagraph (A), the insurance interest rate shall be
                    2 percent in the case of any contract which is issued
                    during the period that--
                                ``(i) begins on January 1, 2021, and
                                ``(ii) ends immediately before the
                            beginning of the first adjustment year that
                            beings after December 31, 2021.''.
        (e) Effective Date.--The amendments made by this section shall
    apply to contracts issued after December 31, 2020.

    SEC. 206. CLARIFICATIONS AND TECHNICAL IMPROVEMENTS TO CARES ACT
                  EMPLOYEE RETENTION CREDIT.

        (a) Gross Receipts of Tax-exempt Organizations.--Section
    2301(c)(2)(C) of the CARES Act is amended--
                (1) by striking ``of such Code, clauses (i) and (ii)(I)''
            and inserting ``of such Code--
                                ``(i) clauses (i) and (ii)(I)'',
                (2) by striking the period at the end and inserting ``,
            and'', and
                (3) by adding at the end the following new clause:
                                ``(ii) any reference in this section to
                            gross receipts shall be treated as a reference
                            to gross receipts within the meaning of section
                            6033 of such Code.''.
        (b) Modification of Treatment of Health Plan Expenses.--Section
    2301(c) of the CARES Act is amended--
                (1) by striking subparagraph (C) of paragraph (3), and
                (2) in paragraph (5)--
                        (A) by striking ``The term'' and inserting the
                    following:
                        ``(A) In general.--The term'', and
                        (B) by adding at the end the following new
                    subparagraph:
                        ``(B) Allowance for certain health plan expenses.--
                                ``(i) In general.--Such term shall include
                            amounts paid by the eligible employer to
                            provide and maintain a group health plan (as
                            defined in section 5000(b)(1) of the Internal
                            Revenue Code of 1986), but only to the extent
                            that such amounts are excluded from the gross
                            income of employees by reason of section 106(a)
                            of such Code.
                                ``(ii) Allocation rules.--For purposes of
                            this section, amounts treated as wages under
                            clause (i) shall be treated as paid with
                            respect to any employee (and with respect to
                            any period) to the extent that such amounts are
                            properly allocable to such employee (and to
                            such period) in such manner as the Secretary
                            may prescribe. Except as otherwise provided by
                            the Secretary, such allocation shall be treated
                            as properly made if made on the basis of being
                            pro rata among periods of coverage.''.
        (c) Improved Coordination Between Paycheck Protection Program and
    Employee Retention Tax Credit.--
                (1) Amendment to paycheck protection program.--Section
            7A(a)(12) of the Small Business Act, as redesignated,
            transferred, and amended by the Economic Aid to Hard-Hit Small
            Businesses, Nonprofits, and Venues Act, is amended by adding at
            the end the following: ``Such payroll costs shall not include
            qualified wages taken into account in determining the credit
            allowed under section 2301 of the CARES Act or qualified wages
            taken into account in determining the credit allowed under
            subsection (a) or (d) of section 303 of the Taxpayer Certainty
            and Disaster Relief Act of 2020.''.
                (2) Amendments to employee retention tax credit.--
                        (A) In general.--Section 2301(g) of the CARES Act
                    is amended to read as follows:
        ``(g) Election to Not Take Certain Wages Into Account.--
                ``(1) In general.--This section shall not apply to so much
            of the qualified wages paid by an eligible employer as such
            employer elects (at such time and in such manner as the
            Secretary may prescribe) to not take into account for purposes
            of this section.
                ``(2) Coordination with paycheck protection program.--The
            Secretary, in consultation with the Administrator of the Small
            Business Administration, shall issue guidance providing that
            payroll costs paid during the covered period shall not fail to
            be treated as qualified wages under this section by reason of
            an election under paragraph (1) to the extent that a covered
            loan of the eligible employer is not forgiven by reason of a
            decision under section 7A(g) of the Small Business Act. Terms
            used in the preceding sentence which are also used in section
            7A of the Small Business Act shall have the same meaning as
            when used in such section.''.
                        (B) Conforming amendments.--
                                (i) Section 2301 of the CARES Act is
                            amended by striking subsection (j).
                                (ii) Section 2301(l) of the CARES Act is
                            amended by striking paragraph (3) and by
                            redesignating paragraphs (4) and (5) as
                            paragraphs (3) and (4), respectively.
        (d) Regulations and Guidance.--Section 2301(l) of the CARES Act, as
    amended by subsection (c)(2)(B)(ii), is amended by striking ``and'' at
    the end of paragraph (3), by striking the period at the end of
    paragraph (4) and inserting ``, and'', and by adding at the end the
    following new paragraph:
                ``(5) to prevent the avoidance of the purposes of the
            limitations under this section, including through the leaseback
            of employees.''.
        (e) Effective Date.--
                (1) In general.--The amendments made by this section shall
            take effect as if included in the provisions of the CARES Act
            to which they relate.
                (2) Special rule.--
                        (A) In general.--For purposes of section 2301 of
                    the CARES Act, an employer who has filed a return of
                    tax with respect to applicable employment taxes (as
                    defined in section 2301(c)(1) of division A of such
                    Act) before the date of the enactment of this Act may
                    elect (in such manner as the Secretary of the Treasury
                    (or the Secretary's delegate) shall prescribe) to treat
                    any applicable amount as an amount paid in the calendar
                    quarter which includes the date of the enactment of
                    this Act.
                        (B) Applicable amount.--For purposes of
                    subparagraph (A), the term ``applicable amount'' means
                    the amount of wages which--
                                (i) are--
                                        (I) described in section
                                    2301(c)(5)(B) of the CARES Act, as
                                    added by the amendments made by
                                    subsection (b), or
                                        (II) permitted to be treated as
                                    qualified wages under guidance issued
                                    pursuant to section 2301(g)(2) of the
                                    CARES Act (as added by subsection (c)),
                                    and
                                (ii) were--
                                        (I) paid in a calendar quarter
                                    beginning after December 31, 2019, and
                                    before October 1, 2020, and
                                        (II) not taken into account by the
                                    taxpayer in calculating the credit
                                    allowed under section 2301(a) of
                                    division A of such Act for such
                                    calendar quarter.

    SEC. 207. EXTENSION AND MODIFICATION OF EMPLOYEE RETENTION AND REHIRING
                  TAX CREDIT.

        (a) Extension.--
                (1) In general.--Section 2301(m) of the CARES Act is
            amended by striking ``January 1, 2021'' and inserting ``July 1,
            2021''.
                (2) Conforming amendment.--Section 2301(c)(2)(A)(i) of the
            CARES Act is amended by striking ``during calendar year 2020''
            and inserting ``during the calendar quarter for which the
            credit is determined under subsection (a)''.
        (b) Increase in Credit Percentage.--Section 2301(a) of the CARES
    Act is amended by striking ``50 percent'' and inserting ``70 percent''.
        (c) Increase in Per Employee Limitation.--Section 2301(b)(1) of the
    CARES Act is amended by striking ``for all calendar quarters shall not
    exceed $10,000'' and inserting ``for any calendar quarter shall not
    exceed $10,000''.
        (d) Modifications to Definition of Eligible Employer.--
                (1) Decrease in reduction in gross receipts necessary to
            qualify as eligible employer.--
                        (A) In general.--Section 2301(c)(2)(A)(ii)(II) of
                    the CARES Act is amended to read as follows:
                                        ``(II) the gross receipts (within
                                    the meaning of section 448(c) of the
                                    Internal Revenue Code of 1986) of such
                                    employer for such calendar quarter are
                                    less than 80 percent of the gross
                                    receipts of such employer for the same
                                    calendar quarter in calendar year
                                    2019.''.
                        (B) Application to employers not in existence in
                    2019.--Section 2301(c)(2)(A) of the CARES Act, as
                    amended by subparagraph (A), is amended by adding at
                    the end the following new flush sentence:
    ``With respect to any employer for any calendar quarter, if such
    employer was not in existence as of the beginning of the same calendar
    quarter in calendar year 2019, clause (ii)(II) shall be applied by
    substituting `2020' for `2019'.''.
                (2) Election to determine gross receipts test based on
            prior quarter.--
                        (A) In general.--Subparagraph (B) of section
                    2301(c)(2) of the CARES Act is amended to read as
                    follows:
                        ``(B) Election to use alternative quarter.--At the
                    election of the employer--
                                ``(i) subparagraph (A)(ii)(II) shall be
                            applied--
                                        ``(I) by substituting `for the
                                    immediately preceding calendar quarter'
                                    for `for such calendar quarter', and
                                        ``(II) by substituting `the
                                    corresponding calendar quarter in
                                    calendar year 2019' for `the same
                                    calendar quarter in calendar year
                                    2019', and
                                ``(ii) the last sentence of subparagraph
                            (A) shall be applied by substituting `the
                            corresponding calendar quarter in calendar year
                            2019' for `the same calendar quarter in
                            calendar year 2019'.
                    An election under this subparagraph shall be made at
                    such time and in such manner as the Secretary shall
                    prescribe.''.
                        (B) Conforming amendment.--Section 2301(l) of the
                    CARES Act, as amended by section 206, is amended by
                    inserting ``and'' at the end of paragraph (3), by
                    striking paragraph (4), and by redesignating paragraph
                    (5) as paragraph (4).
                (3) Application to certain governmental employers.--
                        (A) In general.--Section 2301(f) of the CARES Act
                    is amended--
                                (i) by striking ``This'' and inserting the
                            following:
                ``(1) In general.--This'', and
                                (ii) by adding at the end the following new
                            paragraph:
                ``(2) Exception.--Paragraph (1) shall not apply to--
                        ``(A) any organization described in section
                    501(c)(1) of the Internal Revenue Code of 1986 and
                    exempt from tax under section 501(a) of such Code, or
                        ``(B) any entity described in paragraph (1) if --
                                ``(i) such entity is a college or
                            university, or
                                ``(ii) the principal purpose or function of
                            such entity is providing medical or hospital
                            care.
                    In the case of any entity described in subparagraph
                    (B), such entity shall be treated as satisfying the
                    requirements of subsection (c)(2)(A)(i).''.
                        (B) Conforming amendment.--Section 2301(c)(5)(A) of
                    the CARES Act, as amended by section 206(b)(2), is
                    amended by adding at the end the following new
                    sentence: ``For purposes of the preceding sentence, in
                    the case of any organization or entity described in
                    subsection (f)(2), wages as defined in section 3121(a)
                    of the Internal Revenue Code of 1986 shall be
                    determined without regard to paragraphs (5), (6), (7),
                    (10), and (13) of section 3121(b) of such Code (except
                    with respect to services performed in a penal
                    institution by an inmate thereof).''.
        (e) Modification of Determination of Qualified Wages.--
                (1) Modification of threshold for treatment as a large
            employer.--Section 2301(c)(3)(A) of the CARES Act is amended by
            striking ``100'' each place it appears in clauses (i) and (ii)
            and inserting ``500''.
                (2) Elimination of limitation.--Section 2301(c)(3) of the
            CARES Act is amended--
                        (A) by striking subparagraph (B), and
                        (B) by striking ``Such term'' in the second
                    sentence of subparagraph (A) and inserting the
                    following:
                        ``(B) Exception.--The term `qualified wages'''.
        (f) Denial of Double Benefit.--Section 2301(h) of the CARES Act is
    amended--
                (1) by striking paragraphs (1) and (2) and inserting the
            following:
                ``(1) Denial of double benefit.--Any wages taken into
            account in determining the credit allowed under this section
            shall not be taken into account as wages for purposes of
            sections 41, 45A, 45P, 45S, 51, and 1396 of the Internal
            Revenue Code of 1986.''.
                (2) by redesignating paragraph (3) as paragraph (2).
        (g) Advance Payments.--
                (1) In general.--Section 2301 of the CARES Act, as amended
            by section 206(c)(2)(B)(i), is amended by inserting after
            subsection (i) the following new subsection:
        ``(j) Advance Payments.--
                ``(1) In general.--Except as provided in paragraph (2), no
            advance payment of the credit under subsection (a) shall be
            allowed.
                ``(2) Advance payments to small employers.--
                        ``(A) In general.--Under rules provided by the
                    Secretary, an eligible employer for which the average
                    number of full-time employees (within the meaning of
                    section 4980H of the Internal Revenue Code of 1986)
                    employed by such eligible employer during 2019 was not
                    greater than 500 may elect for any calendar quarter to
                    receive an advance payment of the credit under
                    subsection (a) for such quarter in an amount not to
                    exceed 70 percent of the average quarterly wages paid
                    by the employer in calendar year 2019.
                        ``(B) Special rule for seasonal employers.--In the
                    case of any employer who employs seasonal workers (as
                    defined in section 45R(d)(5)(B) of the Internal Revenue
                    Code of 1986), the employer may elect to substitute
                    `the wages for the calendar quarter in 2019 which
                    corresponds to the calendar quarter to which the
                    election relates' for `the average quarterly wages paid
                    by the employer in calendar year 2019'.
                        ``(C) Special rule for employers not in existence
                    in 2019.--In the case of any employer that was not in
                    existence in 2019, subparagraphs (A) and (B) shall each
                    be applied by substituting `2020' for `2019' each place
                    it appears.
                ``(3) Reconciliation of credit with advance payments.--
                        ``(A) In general.--The amount of credit which would
                    (but for this subsection) be allowed under this section
                    shall be reduced (but not below zero) by the aggregate
                    payment allowed to the taxpayer under paragraph (2).
                    Any failure to so reduce the credit shall be treated as
                    arising out of a mathematical or clerical error and
                    assessed according to section 6213(b)(1) of the
                    Internal Revenue Code of 1986.
                        ``(B) Excess advance payments.--If the advance
                    payments to a taxpayer under paragraph (2) for a
                    calendar quarter exceed the credit allowed by this
                    section (determined without regard to subparagraph
                    (A)), the tax imposed by chapter 21 or 22 of the
                    Internal Revenue Code of 1986 (whichever is applicable)
                    for the calendar quarter shall be increased by the
                    amount of such excess.''.
                (2) Conforming amendments.--Section 2301(l) of the CARES
            Act, as amended by section 206 and subsection (d)(2)(B), is
            amended--
                        (A) by inserting ``as provided in subsection
                    (j)(2)'' after ``subsection (a)'' in paragraph (1),
                        (B) by striking paragraph (2), and
                        (C) by redesignating paragraphs (3) and (4) as
                    paragraphs (2) and (3), respectively.
        (h) Third-party Payors.--Section 2301(l) of the CARES Act, as
    amended by section 206 and subsections (d)(2)(B) and (g)(2), is amended
    by adding at the end the following flush sentence:
    ``Any forms, instructions, regulations, or guidance described in
    paragraph (2) shall require the customer to be responsible for the
    accounting of the credit and for any liability for improperly claimed
    credits and shall require the certified professional employer
    organization or other third party payor to accurately report such tax
    credits based on the information provided by the customer.''.
        (i) Public Awareness Campaign.--Section 2301 of the CARES Act is
    amended by adding at the end the following new subsection:
        ``(n) Public Awareness Campaign.--
                ``(1) In general.--The Secretary shall conduct a public
            awareness campaign, in coordination with the Administrator of
            the Small Business Administration, to provide information
            regarding the availability of the credit allowed under this
            section.
                ``(2) Outreach.--Under the campaign conducted under
            paragraph (1), the Secretary shall--
                        ``(A) provide to all employers which reported not
                    more than 500 employees on the most recently filed
                    return of applicable employment taxes a notice about
                    the credit allowed under this section and the
                    requirements for eligibility to claim the credit, and
                        ``(B) not later than 30 days after the date of the
                    enactment of this subsection, provide to all employers
                    educational materials relating to the credit allowed
                    under this section, including specific materials for
                    businesses with not more than 500 employees.''.
        (j) Coordination With Certain Payroll Protection Program Loans.--
    Section 2301(g)(2) of the CARES Act, as added by section 206(c)(2)(A),
    is amended by striking ``section 7A(g) of the Small Business Act'' and
    all that follows and inserting ``section 7A(g) of the Small Business
    Act or the application of section 7(a)(37)(J) of the Small Business
    Act. Terms used in the preceding sentence which are also used in
    section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when
    applied in connection with either such section, have the same meaning
    as when used in such section, respectively.''.
        (k) Effective Date.--The amendments made by this section shall
    apply to calendar quarters beginning after December 31, 2020.

    SEC. 208. MINIMUM AGE FOR DISTRIBUTIONS DURING WORKING RETIREMENT.

        (a) In General.--Paragraph (36) of section 401(a) is amended to
    read as follows:
                ``(36) Distributions during working retirement.--
                        ``(A) In general.--A trust forming part of a
                    pension plan shall not be treated as failing to
                    constitute a qualified trust under this section solely
                    because the plan provides that a distribution may be
                    made from such trust to an employee who has attained
                    age 59\1/2\ and who is not separated from employment at
                    the time of such distribution.
                        ``(B) Certain employees in the building and
                    construction industry.--Subparagraph (A) shall be
                    applied by substituting `age 55' for `age 59\1/2\' in
                    the case of a multiemployer plan described in section
                    4203(b)(1)(B)(i) of the Employee Retirement Income
                    Security Act of 1974, with respect to individuals who
                    were participants in such plan on or before April 30,
                    2013, if--
                                ``(i) the trust to which subparagraph (A)
                            applies was in existence before January 1,
                            1970, and
                                ``(ii) before December 31, 2011, at a time
                            when the plan provided that distributions may
                            be made to an employee who has attained age 55
                            and who is not separated from employment at the
                            time of such distribution, the plan received at
                            least 1 written determination from the Internal
                            Revenue Service that the trust to which
                            subparagraph (A) applies constituted a
                            qualified trust under this section.''.
        (b) Effective Date.--The amendment made by this section shall apply
    to distributions made before, on, or after the date of the enactment of
    this Act.

    SEC. 209. TEMPORARY RULE PREVENTING PARTIAL PLAN TERMINATION.

        A plan shall not be treated as having a partial termination (within
    the meaning of 411(d)(3) of the Internal Revenue Code of 1986) during
    any plan year which includes the period beginning on March 13, 2020,
    and ending on March 31, 2021, if the number of active participants
    covered by the plan on March 31, 2021 is at least 80 percent of the
    number of active participants covered by the plan on March 13, 2020.

    SEC. 210. TEMPORARY ALLOWANCE OF FULL DEDUCTION FOR BUSINESS MEALS.

        (a) In General.--Section 274(n)(2) of the Internal Revenue Code of
    1986 is amended by striking ``or'' at the end of subparagraph (B), by
    striking the period at the end of subparagraph (C)(iv) and inserting
    ``, or'', and by inserting after subparagraph (C) the following new
    subparagraph:
                        ``(D) such expense is--
                                ``(i) for food or beverages provided by a
                            restaurant, and
                                ``(ii) paid or incurred before January 1,
                            2023.''.
        (b) Effective Date.--The amendments made by this section shall
    apply to amounts paid or incurred after December 31, 2020.

    SEC. 211. TEMPORARY SPECIAL RULE FOR DETERMINATION OF EARNED INCOME.

        (a) In General.--If the earned income of the taxpayer for the
    taxpayer's first taxable year beginning in 2020 is less than the earned
    income of the taxpayer for the preceding taxable year, the credits
    allowed under sections 24(d) and 32 of the Internal Revenue Code of
    1986 may, at the election of the taxpayer, be determined by
    substituting--
                (1) such earned income for the preceding taxable year, for
                (2) such earned income for the taxpayer's first taxable
            year beginning in 2020.
        (b) Earned Income.--
                (1) In general.--For purposes of this section, the term
            ``earned income'' has the meaning given such term under section
            32(c) of the Internal Revenue Code of 1986.
                (2) Application to joint returns.--For purposes of
            subsection (a), in the case of a joint return, the earned
            income of the taxpayer for the preceding taxable year shall be
            the sum of the earned income of each spouse for such preceding
            taxable year.
        (c) Special Rules.--
                (1) Errors treated as mathematical error.--For purposes of
            section 6213 of the Internal Revenue Code of 1986, an incorrect
            use on a return of earned income pursuant to subsection (a)
            shall be treated as a mathematical or clerical error.
                (2) No effect on determination of gross income, etc.--
            Except as otherwise provided in this section, the Internal
            Revenue Code of 1986 shall be applied without regard to any
            substitution under subsection (a).

    SEC. 212. CERTAIN CHARITABLE CONTRIBUTIONS DEDUCTIBLE BY NON-ITEMIZERS.

        (a) In General.--Section 170 is amended by redesignating subsection
    (p) as subsection (q) and by inserting after subsection (o) the
    following new subsection:
        ``(p) Special Rule for Taxpayers Who Do Not Elect to Itemize
    Deductions.--In the case of any taxable year beginning in 2021, if the
    individual does not elect to itemize deductions for such taxable year,
    the deduction under this section shall be equal to the deduction, not
    in excess of $300 ( $600 in the case of a joint return), which would be
    determined under this section if the only charitable contributions
    taken into account in determining such deduction were contributions
    made in cash during such taxable year (determined without regard to
    subsections (b)(1)(G)(ii) and (d)(1)) to an organization described in
    section 170(b)(1)(A) and not--
                ``(1) to an organization described in section 509(a)(3), or
                ``(2) for the establishment of a new, or maintenance of an
            existing, donor advised fund (as defined in section
            4966(d)(2)).''.
        (b) Penalty for Underpayments Attributable to Overstated
    Deduction.--
                (1) In general.--Section 6662(b) is amended by inserting
            after paragraph (8) the following:
                ``(9) Any overstatement of the deduction provided in
            section 170(p).''.
                (2) Increased penalty.--Section 6662 is amended by adding
            at the end the following new subsection:
        ``(l) Increase in Penalty in Case of Overstatement of Qualified
    Charitable Contributions.--In the case of any portion of an
    underpayment which is attributable to one or more overstatements of the
    deduction provided in section 170(p), subsection (a) shall be applied
    with respect to such portion by substituting `50 percent' for `20
    percent'.''.
                (3) Exception to approval of assessment.--Section
            6751(b)(2)(A) is amended by striking ``or 6655'' and inserting
            ``6655, or 6662 (but only with respect to an addition to tax by
            reason of subsection (b)(9) thereof)''.
        (b) Conforming Amendments.--
                (1) Section 63(b) is amended by striking ``and'' at the end
            of paragraph (2), by striking the period at the end of
            paragraph (3) and inserting ``, and'', and by adding at the end
            the following new paragraph:
                ``(4) the deduction provided in section 170(p).''.
                (2) Section 63(d) is amended by adding ``and'' at the end
            of paragraph (1), by striking paragraphs (2) and (3), and by
            inserting after paragraph (1) the following new paragraph:
                ``(2) any deduction referred to in any paragraph of
            subsection (b).''.
        (c) Repeal of Superseded Provisions.--
                (1) In general.--Section 62(a) is amended by striking
            paragraph (22).
                (2) Conforming amendment.--Section 62 is amended by
            striking subsection (f).
        (d) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2020.

    SEC. 213. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS.

        (a) In General.--Subsections (a)(3)(A)(i) and (b) of section 2205
    of the CARES Act are each amended by inserting ``or 2021'' after
    ``2020''.
        (b) Conforming Amendment.--The heading of section 2205 of the CARES
    Act is amended by striking ``modification of limitations on charitable
    contributions during 2020'' and inserting ``temporary modification of
    limitations on charitable contributions''.
        (c) Effective Date.--The amendments made by this section shall
    apply to contributions made after December 31, 2020.

    SEC. 214. TEMPORARY SPECIAL RULES FOR HEALTH AND DEPENDENT CARE
                  FLEXIBLE SPENDING ARRANGEMENTS.

        (a) Carryover From 2020 Plan Year.--For plan years ending in 2020,
    a plan that includes a health flexible spending arrangement or
    dependent care flexible spending arrangement shall not fail to be
    treated as a cafeteria plan under the Internal Revenue Code of 1986
    merely because such plan or arrangement permits participants to carry
    over (under rules similar to the rules applicable to health flexible
    spending arrangements) any unused benefits or contributions remaining
    in any such flexible spending arrangement from such plan year to the
    plan year ending in 2021.
        (b) Carryover From 2021 Plan Year.--For plan years ending in 2021,
    a plan that includes a health flexible spending arrangement or
    dependent care flexible spending arrangement shall not fail to be
    treated as a cafeteria plan under the Internal Revenue Code of 1986
    merely because such plan or arrangement permits participants to carry
    over (under rules similar to the rules applicable to health flexible
    spending arrangements) any unused benefits or contributions remaining
    in any such flexible spending arrangement from such plan year to the
    plan year ending in 2022.
        (c) Extension of Grace Periods, etc.--
                (1) In general.--A plan that includes a health flexible
            spending arrangement or dependent care flexible spending
            arrangement shall not fail to be treated as a cafeteria plan
            under the Internal Revenue Code of 1986 merely because such
            plan or arrangement extends the grace period for a plan year
            ending in 2020 or 2021 to 12 months after the end of such plan
            year, with respect to unused benefits or contributions
            remaining in a health flexible spending arrangement or a
            dependent care flexible spending arrangement.
                (2) Post-termination reimbursements from health FSAs.--A
            plan that includes a health flexible spending arrangement shall
            not fail to be treated as a cafeteria plan under the Internal
            Revenue Code of 1986 merely because such plan or arrangement
            allows (under rules similar to the rules applicable to
            dependent care flexible spending arrangements) an employee who
            ceases participation in the plan during calendar year 2020 or
            2021 to continue to receive reimbursements from unused benefits
            or contributions through the end of the plan year in which such
            participation ceased (including any grace period, taking into
            account any modification of a grace period permitted under
            paragraph (1)).
        (d) Special Carry Forward Rule for Dependent Care Flexible Spending
    Arrangements Where Dependent Aged Out During Pandemic.--
                (1) In general.--In the case of any eligible employee,
            section 21(b)(1)(A) of the Internal Revenue Code of 1986 shall
            be applied by substituting ``age 14'' for ``age 13'' for
            purposes of determining the dependent care assistance which may
            be paid or reimbursed with respect to such employee under the
            dependent care flexible spending arrangement referred to in
            paragraph (3)(A) with respect to such employee during--
                        (A) the plan year described in paragraph (3)(A),
                    and
                        (B) in the case of an employee described in
                    paragraph (3)(B)(ii), the subsequent plan year.
                (2) Application to subsequent plan year limited to unused
            balance from preceding plan year.--Paragraph (1)(B) shall only
            apply to so much of the amounts paid for dependent care
            assistance with respect to the dependents referred to in
            paragraph (3)(B) as does not exceed the unused balance
            described in paragraph (3)(B)(ii).
                (3) Eligible employee.--For purposes of this section, the
            term ``eligible employee'' means any employee who--
                        (A) is enrolled in a dependent care flexible
                    spending arrangement for the last plan year with
                    respect to which the end of the regular enrollment
                    period for such plan year was on or before January 31,
                    2020, and
                        (B) has one or more dependents (as defined in
                    section 152(a)(1) of the Internal Revenue Code of 1986)
                    who attain the age of 13--
                                (i) during such plan year, or
                                (ii) in the case of an employee who (after
                            the application of this section) has an unused
                            balance in the employee's account under such
                            arrangement for such plan year (determined as
                            of the close of the last day on which, under
                            the terms of the plan, claims for reimbursement
                            may be made with respect to such plan year),
                            the subsequent plan year.
        (e) Change in Election Amount.--For plan years ending in 2021, a
    plan that includes a health flexible spending arrangement or dependent
    care flexible spending arrangement shall not fail to be treated as a
    cafeteria plan under the Internal Revenue Code of 1986 merely because
    such plan or arrangement allows an employee to make an election to
    modify prospectively the amount (but not in excess of any applicable
    dollar limitation) of such employee's contributions to any such
    flexible spending arrangement (without regard to any change in status).
        (f) Definitions.--Any term used in this section which is also used
    in section 106, 125, or 129 of the Internal Revenue Code of 1986, or
    the regulations or guidance thereunder, shall have the same meaning as
    when used in such section, regulations, or guidance.
        (g) Plan Amendments.--A plan that includes a health flexible
    spending arrangement or dependent care flexible spending arrangement
    shall not fail to be treated as a cafeteria plan under the Internal
    Revenue Code of 1986 merely because such plan or arrangement is amended
    pursuant to a provision under this section and such amendment is
    retroactive, if--
                (1) such amendment is adopted not later than the last day
            of the first calendar year beginning after the end of the plan
            year in which the amendment is effective, and
                (2) the plan or arrangement is operated consistent with the
            terms of such amendment during the period beginning on the
            effective date of the amendment and ending on the date the
            amendment is adopted.

                         TITLE III--DISASTER TAX RELIEF

    SEC. 301. DEFINITIONS.

        For purposes of this title--
                (1) Qualified disaster area.--
                        (A) In general.--The term ``qualified disaster
                    area'' means any area with respect to which a major
                    disaster was declared, during the period beginning on
                    January 1, 2020, and ending on the date which is 60
                    days after the date of the enactment of this Act, by
                    the President under section 401 of the Robert T.
                    Stafford Disaster Relief and Emergency Assistance Act
                    if the incident period of the disaster with respect to
                    which such declaration is made begins on or after
                    December 28, 2019, and on or before the date of the
                    enactment of this Act.
                        (B) COVID-19 exception.--Such term shall not
                    include any area with respect to which such a major
                    disaster has been so declared only by reason of COVID-
                    19.
                (2) Qualified disaster zone.--The term ``qualified disaster
            zone'' means that portion of any qualified disaster area which
            was determined by the President, during the period beginning on
            January 1, 2020, and ending on the date which is 60 days after
            the date of the enactment of this Act, to warrant individual or
            individual and public assistance from the Federal Government
            under the Robert T. Stafford Disaster Relief and Emergency
            Assistance Act by reason of the qualified disaster with respect
            to such disaster area.
                (3) Qualified disaster.--The term ``qualified disaster''
            means, with respect to any qualified disaster area, the
            disaster by reason of which a major disaster was declared with
            respect to such area.
                (4) Incident period.--The term ``incident period'' means,
            with respect to any qualified disaster, the period specified by
            the Federal Emergency Management Agency as the period during
            which such disaster occurred (except that for purposes of this
            title such period shall not be treated as ending after the date
            which is 30 days after the date of the enactment of this Act).

    SEC. 302. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT FUNDS.

        (a) Tax-favored Withdrawals From Retirement Plans.--
                (1) In general.--Section 72(t) of the Internal Revenue Code
            of 1986 shall not apply to any qualified disaster distribution.
                (2) Aggregate dollar limitation.--
                        (A) In general.--For purposes of this subsection,
                    the aggregate amount of distributions received by an
                    individual which may be treated as qualified disaster
                    distributions for any taxable year shall not exceed the
                    excess (if any) of--
                                (i) $100,000, over
                                (ii) the aggregate amounts treated as
                            qualified disaster distributions received by
                            such individual for all prior taxable years.
                        (B) Treatment of plan distributions.--If a
                    distribution to an individual would (without regard to
                    subparagraph (A)) be a qualified disaster distribution,
                    a plan shall not be treated as violating any
                    requirement of the Internal Revenue Code of 1986 merely
                    because the plan treats such distribution as a
                    qualified disaster distribution, unless the aggregate
                    amount of such distributions from all plans maintained
                    by the employer (and any member of any controlled group
                    which includes the employer) to such individual exceeds
                    $100,000.
                        (C) Controlled group.--For purposes of subparagraph
                    (B), the term ``controlled group'' means any group
                    treated as a single employer under subsection (b), (c),
                    (m), or (o) of section 414 of the Internal Revenue Code
                    of 1986.
                        (D) Special rule for individuals affected by more
                    than one disaster.--The limitation of subparagraph (A)
                    shall be applied separately with respect to
                    distributions made with respect to each qualified
                    disaster.
                (3) Amount distributed may be repaid.--
                        (A) In general.--Any individual who receives a
                    qualified disaster distribution may, at any time during
                    the 3-year period beginning on the day after the date
                    on which such distribution was received, make 1 or more
                    contributions in an aggregate amount not to exceed the
                    amount of such distribution to an eligible retirement
                    plan of which such individual is a beneficiary and to
                    which a rollover contribution of such distribution
                    could be made under section 402(c), 403(a)(4),
                    403(b)(8), 408(d)(3), or 457(e)(16), of the Internal
                    Revenue Code of 1986, as the case may be.
                        (B) Treatment of repayments of distributions from
                    eligible retirement plans other than iras.--For
                    purposes of the Internal Revenue Code of 1986, if a
                    contribution is made pursuant to subparagraph (A) with
                    respect to a qualified disaster distribution from an
                    eligible retirement plan other than an individual
                    retirement plan, then the taxpayer shall, to the extent
                    of the amount of the contribution, be treated as having
                    received the qualified disaster distribution in an
                    eligible rollover distribution (as defined in section
                    402(c)(4) of such Code) and as having transferred the
                    amount to the eligible retirement plan in a direct
                    trustee to trustee transfer within 60 days of the
                    distribution.
                        (C) Treatment of repayments of distributions from
                    iras.--For purposes of the Internal Revenue Code of
                    1986, if a contribution is made pursuant to
                    subparagraph (A) with respect to a qualified disaster
                    distribution from an individual retirement plan (as
                    defined by section 7701(a)(37) of such Code), then, to
                    the extent of the amount of the contribution, the
                    qualified disaster distribution shall be treated as a
                    distribution described in section 408(d)(3) of such
                    Code and as having been transferred to the eligible
                    retirement plan in a direct trustee to trustee transfer
                    within 60 days of the distribution.
                (4) Definitions.--For purposes of this subsection--
                        (A) Qualified disaster distribution.--Except as
                    provided in paragraph (2), the term ``qualified
                    disaster distribution'' means any distribution from an
                    eligible retirement plan made--
                                (i) on or after the first day of the
                            incident period of a qualified disaster and
                            before the date which is 180 days after the
                            date of the enactment of this Act, and
                                (ii) to an individual whose principal place
                            of abode at any time during the incident period
                            of such qualified disaster is located in the
                            qualified disaster area with respect to such
                            qualified disaster and who has sustained an
                            economic loss by reason of such qualified
                            disaster.
                        (B) Eligible retirement plan.--The term ``eligible
                    retirement plan'' shall have the meaning given such
                    term by section 402(c)(8)(B) of the Internal Revenue
                    Code of 1986.
                (5) Income inclusion spread over 3-year period.--
                        (A) In general.--In the case of any qualified
                    disaster distribution, unless the taxpayer elects not
                    to have this paragraph apply for any taxable year, any
                    amount required to be included in gross income for such
                    taxable year shall be so included ratably over the 3-
                    taxable-year period beginning with such taxable year.
                        (B) Special rule.--For purposes of subparagraph
                    (A), rules similar to the rules of subparagraph (E) of
                    section 408A(d)(3) of the Internal Revenue Code of 1986
                    shall apply.
                (6) Special rules.--
                        (A) Exemption of distributions from trustee to
                    trustee transfer and withholding rules.--For purposes
                    of sections 401(a)(31), 402(f), and 3405 of the
                    Internal Revenue Code of 1986, qualified disaster
                    distributions shall not be treated as eligible rollover
                    distributions.
                        (B) Qualified disaster distributions treated as
                    meeting plan distribution requirements.--For purposes
                    of the Internal Revenue Code of 1986, a qualified
                    disaster distribution shall be treated as meeting the
                    requirements of sections 401(k)(2)(B)(i),
                    403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of such
                    Code and section 8433(h)(1) of title 5, United States
                    Code, and, in the case of a money purchase pension
                    plan, a qualified disaster distribution which is an in-
                    service withdrawal shall be treated as meeting the
                    distribution rules of section 401(a) of such Code.
        (b) Recontributions of Withdrawals for Home Purchases.--
                (1) Recontributions.--
                        (A) In general.--Any individual who received a
                    qualified distribution may, during the applicable
                    period, make 1 or more contributions in an aggregate
                    amount not to exceed the amount of such qualified
                    distribution to an eligible retirement plan (as defined
                    in section 402(c)(8)(B) of the Internal Revenue Code of
                    1986) of which such individual is a beneficiary and to
                    which a rollover contribution of such distribution
                    could be made under section 402(c), 403(a)(4),
                    403(b)(8), or 408(d)(3), of such Code, as the case may
                    be.
                        (B) Treatment of repayments.--Rules similar to the
                    rules of subparagraphs (B) and (C) of subsection (a)(3)
                    shall apply for purposes of this subsection.
                (2) Qualified distribution.--For purposes of this
            subsection, the term ``qualified distribution'' means any
            distribution--
                        (A) described in section 401(k)(2)(B)(i)(IV),
                    403(b)(7)(A)(i)(V), 403(b)(11)(B), or 72(t)(2)(F), of
                    the Internal Revenue Code of 1986,
                        (B) which was to be used to purchase or construct a
                    principal residence in a qualified disaster area, but
                    which was not so used on account of the qualified
                    disaster with respect to such area, and
                        (C) which was received during the period beginning
                    on the date which is 180 days before the first day of
                    the incident period of such qualified disaster and
                    ending on the date which is 30 days after the last day
                    of such incident period.
                (3) Applicable period.--For purposes of this subsection,
            the term ``applicable period'' means, in the case of a
            principal residence in a qualified disaster area with respect
            to any qualified disaster, the period beginning on the first
            day of the incident period of such qualified disaster and
            ending on the date which is 180 days after the date of the
            enactment of this Act.
        (c) Loans From Qualified Plans.--
                (1) Increase in limit on loans not treated as
            distributions.--In the case of any loan from a qualified
            employer plan (as defined under section 72(p)(4) of the
            Internal Revenue Code of 1986) to a qualified individual made
            during the 180-day period beginning on the date of the
            enactment of this Act--
                        (A) clause (i) of section 72(p)(2)(A) of such Code
                    shall be applied by substituting `` $100,000'' for ``
                    $50,000'', and
                        (B) clause (ii) of such section shall be applied by
                    substituting ``the present value of the nonforfeitable
                    accrued benefit of the employee under the plan'' for
                    ``one-half of the present value of the nonforfeitable
                    accrued benefit of the employee under the plan''.
                (2) Delay of repayment.--In the case of a qualified
            individual (with respect to any qualified disaster) with an
            outstanding loan (on or after the first day of the incident
            period of such qualified disaster) from a qualified employer
            plan (as defined in section 72(p)(4) of the Internal Revenue
            Code of 1986)--
                        (A) if the due date pursuant to subparagraph (B) or
                    (C) of section 72(p)(2) of such Code for any repayment
                    with respect to such loan occurs during the period
                    beginning on the first day of the incident period of
                    such qualified disaster and ending on the date which is
                    180 days after the last day of such incident period,
                    such due date shall be delayed for 1 year (or, if
                    later, until the date which is 180 days after the date
                    of the enactment of this Act),
                        (B) any subsequent repayments with respect to any
                    such loan shall be appropriately adjusted to reflect
                    the delay in the due date under subparagraph (A) and
                    any interest accruing during such delay, and
                        (C) in determining the 5-year period and the term
                    of a loan under subparagraph (B) or (C) of section
                    72(p)(2) of such Code, the period described in
                    subparagraph (A) of this paragraph shall be
                    disregarded.
                (3) Qualified individual.--For purposes of this subsection,
            the term ``qualified individual'' means any individual--
                        (A) whose principal place of abode at any time
                    during the incident period of any qualified disaster is
                    located in the qualified disaster area with respect to
                    such qualified disaster, and
                        (B) who has sustained an economic loss by reason of
                    such qualified disaster.
        (d) Provisions Relating to Plan Amendments.--
                (1) In general.--If this subsection applies to any
            amendment to any plan or annuity contract, such plan or
            contract shall be treated as being operated in accordance with
            the terms of the plan during the period described in paragraph
            (2)(B)(i).
                (2) Amendments to which subsection applies.--
                        (A) In general.--This subsection shall apply to any
                    amendment to any plan or annuity contract which is
                    made--
                                (i) pursuant to any provision of this
                            section, or pursuant to any regulation issued
                            by the Secretary or the Secretary of Labor
                            under any provision of this section, and
                                (ii) on or before the last day of the first
                            plan year beginning on or after January 1,
                            2022, or such later date as the Secretary may
                            prescribe.
                    In the case of a governmental plan (as defined in
                    section 414(d) of the Internal Revenue Code of 1986),
                    clause (ii) shall be applied by substituting the date
                    which is 2 years after the date otherwise applied under
                    clause (ii).
                        (B) Conditions.--This subsection shall not apply to
                    any amendment unless--
                                (i) during the period--
                                        (I) beginning on the date that this
                                    section or the regulation described in
                                    subparagraph (A)(i) takes effect (or in
                                    the case of a plan or contract
                                    amendment not required by this section
                                    or such regulation, the effective date
                                    specified by the plan), and
                                        (II) ending on the date described
                                    in subparagraph (A)(ii) (or, if
                                    earlier, the date the plan or contract
                                    amendment is adopted),
                    the plan or contract is operated as if such plan or
                    contract amendment were in effect, and
                                (ii) such plan or contract amendment
                            applies retroactively for such period.

    SEC. 303. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY QUALIFIED
                  DISASTERS.

        (a) In General.--For purposes of section 38 of the Internal Revenue
    Code of 1986, in the case of an eligible employer, the 2020 qualified
    disaster employee retention credit shall be treated as a credit listed
    at the end of subsection (b) of such section. For purposes of this
    subsection, the 2020 qualified disaster employee retention credit for
    any taxable year is an amount equal to 40 percent of the qualified
    wages with respect to each eligible employee of such employer for such
    taxable year. The amount of qualified wages with respect to any
    employee which may be taken into account under this subsection by the
    employer for any taxable year shall not exceed $6,000 (reduced by the
    amount of qualified wages with respect to such employee taken into
    account for any prior taxable year).
        (b) Definitions.--For purposes of this section--
                (1) Eligible employer.--The term ``eligible employer''
            means any employer--
                        (A) which conducted an active trade or business in
                    a qualified disaster zone at any time during the
                    incident period of the qualified disaster with respect
                    to such qualified disaster zone, and
                        (B) with respect to whom the trade or business
                    described in subparagraph (A) is inoperable at any time
                    during the period beginning on the first day of the
                    incident period of such qualified disaster and ending
                    on the date of the enactment of this Act, as a result
                    of damage sustained by reason of such qualified
                    disaster.
                (2) Eligible employee.--The term ``eligible employee''
            means with respect to an eligible employer an employee whose
            principal place of employment with such eligible employer
            (determined immediately before the qualified disaster referred
            to in paragraph (1)) was in the qualified disaster zone
            referred to in such paragraph.
                (3) Qualified wages.--The term ``qualified wages'' means
            wages (as defined in section 51(c)(1) of the Internal Revenue
            Code of 1986, but without regard to section 3306(b)(2)(B) of
            such Code) paid or incurred by an eligible employer with
            respect to an eligible employee at any time on or after the
            date on which the trade or business described in paragraph (1)
            first became inoperable at the principal place of employment of
            the employee (determined immediately before the qualified
            disaster referred to in such paragraph) and before the earlier
            of--
                        (A) the date on which such trade or business has
                    resumed significant operations at such principal place
                    of employment, or
                        (B) the date which is 150 days after the last day
                    of the incident period of the qualified disaster
                    referred to in paragraph (1).
            Such term shall include wages paid without regard to whether
            the employee performs no services, performs services at a
            different place of employment than such principal place of
            employment, or performs services at such principal place of
            employment before significant operations have resumed. Such
            term shall not include any wages taken into account under
            section 2301 of the CARES Act.
        (c) Special Rules.--
                (1) Denial of double benefit.--Any wages taken into account
            in determining any credit allowed under this section shall not
            be taken into account as wages for purposes of sections 41,
            45A, 45P, 45S, 51, and 1396 of the Internal Revenue Code of
            1986.
                (2) Certain other rules to apply.--For purposes of this
            section, rules similar to the rules of sections 51(i)(1), 52,
            and 280C(a) of the Internal Revenue Code of 1986 shall apply.
        (d) Payroll Tax Credit for Certain Tax-exempt Organizations.--
                (1) In general.--In the case of any qualified tax-exempt
            organization, there shall be allowed as a credit against the
            tax imposed by section 3111(a) of the Internal Revenue Code of
            1986 on wages paid with respect to employment of all employees
            of the organization during the calendar quarter an amount equal
            to 40 percent of the qualified wages paid to eligible employees
            of such organization during such calendar quarter.
                (2) Application of aggregate dollar limitation per
            employee.--The amount of qualified wages with respect to any
            employee which may be taken into account under this subsection
            by the employer for any calendar quarter shall not exceed
            $6,000 (reduced by the amount of qualified wages with respect
            to which credit was allowed under this subsection for any prior
            calendar quarter with respect to such employee).
                (3) Overall limitation.--
                        (A) In general.--The aggregate amount allowed as a
                    credit under this subsection for all eligible employees
                    of any employer for any calendar quarter shall not
                    exceed the amount of the tax imposed by section 3111(a)
                    of the Internal Revenue Code of 1986 on wages paid with
                    respect to employment of all employees of such employer
                    during such calendar quarter (reduced by any credits
                    allowed under subsections (e) and (f) of section 3111
                    of such Code for such quarter).
                        (B) Carryforward.--If the amount of the credit
                    under paragraph (1) exceeds the limitation of
                    subparagraph (A) for any calendar quarter, such excess
                    shall be carried to the succeeding calendar quarter and
                    allowed as a credit under paragraph (1) for such
                    quarter.
                        (C) Coordination with other payroll tax credits.--
                                (i) Section 7001(b)(3) of the Families
                            First Coronavirus Response Act is amended by
                            inserting ``, and section 303(d) of the
                            Taxpayer Certainty and Disaster Tax Relief Act
                            of 2020,'' after ``subsections (e) and (f) of
                            section 3111 of such Code''.
                                (ii) Section 7003(b)(2) of the Families
                            First Coronavirus Response Act is amended by
                            striking ``and section 7001 of this Act,'' and
                            inserting ``section 7001 of this Act, and
                            section 303(d) of the Taxpayer Certainty and
                            Disaster Tax Relief Act of 2020,''.
                                (iii) Section 2301(b)(2) of the CARES Act
                            is amended by striking ``and sections 7001 and
                            7003 of the Families First Coronavirus Response
                            Act'' and inserting ``, sections 7001 and 7003
                            of the Families First Coronavirus Response Act,
                            and section 303(d) of the Taxpayer Certainty
                            and Disaster Tax Relief Act of 2020''.
                (4) Definitions.--
                        (A) Qualified tax-exempt organization.--For
                    purposes of this subsection, the term ``qualified tax-
                    exempt organization'' means an organization described
                    in section 501(c) of the Internal Revenue Code of 1986
                    and exempt from taxation under section 501(a) of such
                    Code if such organization would be an eligible employer
                    if the activities of such organization were an active
                    trade or business.
                        (B) Application of certain terms with respect to
                    qualified tax-exempt organizations.--For purposes of
                    this subsection, the terms ``eligible employee'' and
                    ``qualified wages'' shall be applied with respect to
                    any qualified tax-exempt organization--
                                (i) by treating the activities of such
                            organization as an active trade or business,
                            and
                                (ii) by substituting ``wages (within the
                            meaning of subsection (d)(4)(C))'' for ``wages
                            (as defined in section 51(c)(1) of the Internal
                            Revenue Code of 1986, but without regard to
                            section 3306(b)(2)(B) of such Code)'' in
                            subsection (b)(3).
                        (C) Other terms.--Except as otherwise provided in
                    this subsection, any term used in this subsection which
                    is also used in chapter 21 or 22 of the Internal
                    Revenue Code of 1986 shall have the same meaning as
                    when used in such chapter.
                (5) Transfers to certain trust funds.--There are hereby
            appropriated to the Federal Old-Age and Survivors Insurance
            Trust Fund and the Federal Disability Insurance Trust Fund
            established under section 201 of the Social Security Act (42
            U.S.C. 401) and the Social Security Equivalent Benefit Account
            established under section 15A(a) of the Railroad Retirement Act
            of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in
            revenues to the Treasury by reason of this subsection (without
            regard to this paragraph). Amounts appropriated by the
            preceding sentence shall be transferred from the general fund
            at such times and in such manner as to replicate to the extent
            possible the transfers which would have occurred to such Trust
            Fund or Account had this subsection not been enacted.
                (6) Treatment of deposits.--The Secretary shall waive any
            penalty under section 6656 of such Code for any failure to make
            a deposit of applicable employment taxes if the Secretary
            determines that such failure was due to the anticipation of the
            credit allowed under this subsection.
                (7) Third party payors.--Any credit allowed under this
            subsection shall be treated as a credit described in section
            3511(d)(2) of such Code.
                (8) Coordination with subsection (a) credit.--Any wages
            taken into account in determining the credit allowed under this
            subsection shall not be take into account as wages for purposes
            of subsection (a).
                (9) Regulations and guidance.--The Secretary shall issue
            such forms, instructions, regulations, and guidance as are
            necessary--
                        (A) to allow the advance payment of the credit
                    under paragraph (1), subject to the limitations
                    provided in this subsection, based on such information
                    as the Secretary shall require,
                        (B) regulations or other guidance to provide for
                    the reconciliation of such advance payment with the
                    amount of the credit under this subsection at the time
                    of filing the return of tax for the applicable quarter
                    or taxable year,
                        (C) with respect to the application of the credit
                    under paragraph (1) to third party payors (including
                    professional employer organizations, certified
                    professional employer organizations, or agents under
                    section 3504 of the Internal Revenue Code of 1986),
                    including regulations or guidance allowing such payors
                    to submit documentation necessary to substantiate the
                    eligible employer status of employers that use such
                    payors, and
                        (D) for recapturing the benefit of credits
                    determined under this subsection in cases where there
                    is a subsequent adjustment to the credit determined
                    under paragraph (1).
        (e) Election to Not Take Certain Wages Into Account.--
                (1) In general.--This section shall not apply to qualified
            wages paid by an eligible employer with respect to which such
            employer makes an election (at such time and in such manner as
            the Secretary may prescribe) to have this section not apply to
            such wages.
                (2) Coordination with paycheck protection program.--The
            Secretary, in consultation with the Administrator of the Small
            Business Administration, shall issue guidance providing that
            payroll costs paid or incurred during the covered period shall
            not fail to be treated as qualified wages under this section by
            reason of an election under paragraph (1) to the extent that a
            covered loan of the eligible employer is not forgiven by reason
            of a decision under section 7A(g) of the Small Business Act.
            Terms used in the preceding sentence which are also used in
            section 7A(g) of such Act shall have the same meaning as when
            used in such section.
        (f) Certain Governmental Employers.--
                (1) In general.--The credits under this section shall not
            apply to the Government of the United States, the government of
            any State or political subdivision thereof, or any agency or
            instrumentality of any of the foregoing.
                (2) Exception.--Paragraph (1) shall not apply to--
                        (A) any organization described in section 501(c)(1)
                    of the Internal Revenue Code of 1986 and exempt from
                    tax under section 501(a) of such Code, or
                        (B) any entity described in paragraph (1) if --
                                (i) such entity is a college or university,
                            or
                                (ii) the principal purpose or function of
                            such entity is providing medical or hospital
                            care.
                    An entity described in subparagraph (B) shall be
                    treated for purposes of this section in the same manner
                    as an organization described in section 501(c) of the
                    Internal Revenue Code of 1986 and exempt from tax under
                    section 501(a) of such Code.
        (g) Amendment to Paycheck Protection Program.--Section 7A(a)(12) of
    the Small Business Act (as redesignated, transferred, and amended by
    the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues
    Act and as amended by section 206(c) of this division) is amended by
    adding at the end the following: ``Such payroll costs shall not include
    qualified wages taken into account in determining the credit allowed
    under subsection (a) or (d) of section 303 of the Taxpayer Certainty
    and Disaster Tax Relief Act of 2020.''.

    SEC. 304. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.

        (a) Special Rules for Qualified Disaster Relief Contributions.--
                (1) In general.--In the case of a qualified disaster relief
            contribution made by a corporation--
                        (A) section 2205(a)(2)(B) of the CARES Act shall be
                    applied first to qualified contributions without regard
                    to any qualified disaster relief contributions and then
                    separately to such qualified disaster relief
                    contribution, and
                        (B) in applying such section to such qualified
                    disaster relief contributions, clause (i) thereof shall
                    be applied--
                                (i) by substituting ``100 percent'' for
                            ``25 percent'', and
                                (ii) by treating qualified contributions
                            other than qualified disaster relief
                            contributions as contributions allowed under
                            section 170(b)(2) of the Internal Revenue Code
                            of 1986.
                (2) Qualified disaster relief contribution.--For purposes
            of this subsection, the term ``qualified disaster relief
            contribution'' means any qualified contribution (as defined in
            section 2205(a)(3) of the CARES Act) if--
                        (A) such contribution--
                                (i) is paid, during the period beginning on
                            January 1, 2020, and ending on the date which
                            is 60 days after the date of the enactment of
                            this Act, and
                                (ii) is made for relief efforts in one or
                            more qualified disaster areas,
                        (B) the taxpayer obtains from such organization
                    contemporaneous written acknowledgment (within the
                    meaning of section 170(f)(8) of such Code) that such
                    contribution was used (or is to be used) for relief
                    efforts described in subparagraph (A)(ii), and
                        (C) the taxpayer has elected the application of
                    this subsection with respect to such contribution.
                (3) Cross-reference.--For the suspension of the limitation
            on qualified disaster relief contributions made by an
            individual during 2020, see section 2205(a) of the CARES Act.
        (b) Special Rules for Qualified Disaster-related Personal Casualty
    Losses.--
                (1) In general.--If an individual has a net disaster loss
            for any taxable year--
                        (A) the amount determined under section
                    165(h)(2)(A)(ii) of the Internal Revenue Code of 1986
                    shall be equal to the sum of--
                                (i) such net disaster loss, and
                                (ii) so much of the excess referred to in
                            the matter preceding clause (i) of section
                            165(h)(2)(A) of such Code (reduced by the
                            amount in clause (i) of this subparagraph) as
                            exceeds 10 percent of the adjusted gross income
                            of the individual,
                        (B) in the case of qualified disaster-related
                    personal casualty losses, section 165(h)(1) of such
                    Code shall be applied to by substituting `` $500'' for
                    `` $500 ( $100 for taxable years beginning after
                    December 31, 2009)'',
                        (C) the standard deduction determined under section
                    63(c) of such Code shall be increased by the net
                    disaster loss, and
                        (D) section 56(b)(1)(E) of such Code shall not
                    apply to so much of the standard deduction as is
                    attributable to the increase under subparagraph (C) of
                    this paragraph.
                (2) Net disaster loss.--For purposes of this subsection,
            the term ``net disaster loss'' means the excess of qualified
            disaster-related personal casualty losses over personal
            casualty gains (as defined in section 165(h)(3)(A) of the
            Internal Revenue Code of 1986).
                (3) Qualified disaster-related personal casualty losses.--
            For purposes of this subsection, the term ``qualified disaster-
            related personal casualty losses'' means losses described in
            section 165(c)(3) of the Internal Revenue Code of 1986 which
            arise in a qualified disaster area on or after the first day of
            the incident period of the qualified disaster to which such
            area relates, and which are attributable to such qualified
            disaster.

    SEC. 305. LOW-INCOME HOUSING TAX CREDIT.

        (a) Additional Low-income Housing Credit Allocations.--
                (1) In general.--For purposes of section 42 of the Internal
            Revenue Code of 1986, the State housing credit ceiling for any
            State for each of calendar years 2021 and 2022 shall be
            increased by the aggregate housing credit dollar amount
            allocated by the State housing credit agencies of such State
            for such calendar year to buildings located in any qualified
            disaster zone in such State.
                (2) Limitation.--
                        (A) Application of aggregate limitation.--The
                    increase determined under paragraph (1) with respect to
                    any State shall not exceed--
                                (i) in the case of any such increase
                            determined for calendar year 2021, the
                            applicable dollar limitation for such State,
                            and
                                (ii) in the case of any such increase
                            determined for calendar year 2022, the
                            applicable dollar limitation for such State
                            reduced by the amount of any increase
                            determined under paragraph (1) with respect to
                            such State for calendar year 2021.
                        (B) Applicable dollar limitation.--For purposes of
                    this paragraph, the term ``applicable dollar
                    limitation'' means, with respect to any State, the
                    lesser of--
                                (i) the product of $3.50 multiplied by the
                            population of such State (as determined for
                            calendar year 2020) which resides in qualified
                            disaster zones in such State, or
                                (ii) 65 percent of the State housing credit
                            ceiling for such State for calendar year 2020.
                (3) Extension of placed in service deadline for designated
            housing credit dollar amounts.--
                        (A) In general.--In the case of any housing credit
                    dollar amount which is allocated by a State housing
                    credit agency of a State for calendar year 2021 or 2022
                    to a building located in a qualified disaster zone in
                    such State and which is designated (at such time and in
                    such manner as the Secretary may provide) by such State
                    housing credit agency as housing credit dollar amount
                    to which this paragraph applies, section 42(h)(1)(E) of
                    the Internal Revenue Code of 1986 shall be applied--
                                (i) by substituting ``third calendar year''
                            for ``second calendar year'' both places it
                            appears, and
                                (ii) by substituting ``2 years'' for ``1
                            year'' in clause (ii) thereof.
                        (B) Application of limitation.--The aggregate
                    amount of housing credit dollar amount designated under
                    subparagraph (A) for any calendar year by all State
                    housing credit agencies of a State shall not exceed the
                    amount determined under paragraph (2)(A) with respect
                    to such State for such calendar year.
                (4) Allocations treated as made first from additional
            allocation for purposes of determining carryover.--For purposes
            of determining the unused State housing credit ceiling for any
            calendar year under section 42(h)(3)(C) of the Internal Revenue
            Code of 1986, any increase in the State housing credit ceiling
            under paragraph (1) shall be treated as an amount described in
            clause (ii) of such section.

    SEC. 306. TREATMENT OF CERTAIN POSSESSIONS.

        (a) Payments to Possessions With Mirror Code Tax Systems.--The
    Secretary of the Treasury shall pay to each possession of the United
    States which has a mirror code tax system amounts equal to the loss (if
    any) to that possession by reason of the application of the provisions
    of this title. Such amounts shall be determined by the Secretary of the
    Treasury based on information provided by the government of the
    respective possession.
        (b) Payments to Other Possessions.--The Secretary of the Treasury
    shall pay to each possession of the United States which does not have a
    mirror code tax system amounts estimated by the Secretary of the
    Treasury as being equal to the aggregate benefits (if any) that would
    have been provided to residents of such possession by reason of the
    provisions of this title if a mirror code tax system had been in effect
    in such possession. The preceding sentence shall not apply unless the
    respective possession has a plan, which has been approved by the
    Secretary of the Treasury, under which such possession will promptly
    distribute such payments to its residents.
        (c) Mirror Code Tax System.--For purposes of this section, the term
    ``mirror code tax system'' means, with respect to any possession of the
    United States, the income tax system of such possession if the income
    tax liability of the residents of such possession under such system is
    determined by reference to the income tax laws of the United States as
    if such possession were the United States.
        (d) Treatment of Payments.--For purposes of section 1324 of title
    31, United States Code, the payments under this section shall be
    treated in the same manner as a refund due from a credit provision
    referred to in subsection (b)(2) of such section.

                           DIVISION FF--OTHER MATTER

      TITLE I--CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS AND
      MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN INFORMATION

    SEC. 101. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.

        (a) In General.--Section 3510 of the CARES Act (20 U.S.C. 1001
    note) is amended--
                (1) in subsection (a), by striking ``for the duration of
            such emergency'' and all that follows through the period at the
            end and inserting ``for purposes of title IV of the Higher
            Education Act of 1965 (20 U.S.C. 1070 et seq.) until the end of
            the covered period applicable to the institution.'';
                (2) in subsection (b), by striking ``for the duration of
            the qualifying emergency and the following payment period for
            purposes of title IV of the Higher Education Act of 1965 (20
            U.S.C. 1070 et seq.).'' and inserting ``until the end of the
            covered period applicable to the institution.'';
                (3) in subsection (c), by striking ``for the duration of
            the qualifying emergency and the following payment period,''
            and inserting ``until all covered periods for foreign
            institutions carrying out a distance education program
            authorized under this section have ended,'';
                (4) in subsection (d)--
                        (A) in paragraph (1)--
                                (i) by striking ``for the duration of a
                            qualifying emergency and the following payment
                            period,'' and inserting ``until the end of the
                            covered period applicable to a foreign
                            institution,''; and
                                (ii) by striking ``allow a foreign
                            institution'' and inserting ``allow the foreign
                            institution'';
                        (B) in each of subparagraphs (A) and (B) of
                    paragraph (2), by striking ``subsection (a)'' and
                    inserting ``paragraph (1)'';
                        (C) in paragraph (3)(B), by striking ``30 days''
                    and inserting ``10 days''; and
                        (D) in paragraph (4)--
                                (i) by striking ``for the duration of the
                            qualifying emergency and the following payment
                            period,'' and inserting ``until all covered
                            periods for foreign institutions that entered
                            into written arrangements under paragraph (1)
                            have ended,''; and
                                (ii) by striking ``identifies each foreign
                            institution that entered into a written
                            arrangement under subsection (a).'' and
                            inserting the following: identifies, for each
                            such foreign institution--
                        ``(A) the name of the foreign institution;
                        ``(B) the name of the institution of higher
                    education located in the United States that has entered
                    into a written arrangement with such foreign
                    institution; and
                        ``(C) information regarding the nature of such
                    written arrangement, including which coursework or
                    program requirements are accomplished at each
                    respective institution.''; and
                (5) by adding at the end the following:
        ``(e) Definition of Covered Period.--
                ``(1) In general.--In this section, the term `covered
            period', when used with respect to a foreign institution of
            higher education, means the period--
                        ``(A) beginning on the first day of--
                                ``(i) a qualifying emergency; or
                                ``(ii) a public health emergency, major
                            disaster or emergency, or national emergency
                            declared by the applicable government
                            authorities in the country in which the foreign
                            institution is located; and
                        ``(B) ending on the later of--
                                ``(i) subject to paragraph (2), the last
                            day of the payment period, for purposes of
                            title IV of the Higher Education Act of 1965
                            (20 U.S.C. 1070 et seq.), following the end of
                            any qualifying emergency or any emergency or
                            disaster described in subparagraph (A)(ii)
                            applicable to the foreign institution; or
                                ``(ii) June 30, 2022.
                ``(2) Special rule for certain payment periods.--For
            purposes of subparagraph (B)(i), if the following payment
            period for an award year ends before June 30 of such award
            year, the covered period shall be extended until June 30 of
            such award year.''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect as if included in the enactment of the CARES Act (Public
    Law 116-136).

    SEC. 102. DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT ELIGIBLE FOR
                  COLLECTION PURSUANT TO QUALIFIED TAX COLLECTION
                  CONTRACTS.

        (a) In General.--Section 1106 of the Social Security Act (42 U.S.C.
    1306) is amended by adding at the end the following:
        ``(g) Notwithstanding any other provision of this section, the
    Commissioner of Social Security shall enter into an agreement with the
    Secretary of the Treasury under which--
                ``(1) if the Secretary provides the Commissioner with the
            information described in section 6103(k)(15) of the Internal
            Revenue Code of 1986 with respect to any individual, the
            Commissioner shall indicate to the Secretary as to whether such
            individual receives disability insurance benefits under section
            223 or supplemental security income benefits under title XVI
            (including State supplementary payments of the type referred to
            in section 1616(a) or payments of the type described in section
            212(a) of Public Law 93-66);
                ``(2) appropriate safeguards are included to assure that
            the indication described in paragraph (1) will be used solely
            for the purpose of determining if tax receivables involving
            such individual are not eligible for collection pursuant to a
            qualified tax collection contract by reason of section
            6306(d)(3)(E) of the Internal Revenue Code of 1986; and
                ``(3) the Secretary shall pay the Commissioner of Social
            Security the full costs (including systems and administrative
            costs) of providing the indication described in paragraph
            (1).''.
        (b) Authorization of Disclosure by Secretary of the Treasury.--
                (1) In general.--Section 6103(k) of the Internal Revenue
            Code of 1986 is amended by adding at the end the following new
            paragraph:
                ``(15) Disclosures to social security administration to
            identify tax receivables not eligible for collection pursuant
            to qualified tax collection contracts.--In the case of any
            individual involved with a tax receivable which the Secretary
            has identified for possible collection pursuant to a qualified
            tax collection contract (as defined in section 6306(b)), the
            Secretary may disclose the taxpayer identity and date of birth
            of such individual to officers, employees, and contractors of
            the Social Security Administration to determine if such tax
            receivable is not eligible for collection pursuant to such a
            qualified tax collection contract by reason of section
            6306(d)(3)(E).''.
                (2) Conforming amendments related to safeguards.--
                        (A) Section 6103(a)(3) of such Code is amended by
                    striking ``or (14)'' and inserting ``(14), or (15)''.
                        (B) Section 6103(p)(4) of such Code is amended--
                                (i) by striking ``(k)(8), (10) or (11)''
                            both places it appears and inserting ``(k)(8),
                            (10), (11), or (15)'', and
                                (ii) by striking ``any other person
                            described in subsection (k)(10)'' each place it
                            appears and inserting ``any other person
                            described in subsection (k)(10) or (15)''.
                        (C) Section 7213(a)(2) of such Code is amended by
                    striking ``(k)(10), (13), or (14)'' and inserting
                    ``(k)(10), (13), (14), or (15)''.
        (c) Effective Date.--The amendments made by this section shall
    apply to disclosures made on or after the date of the enactment of this
    Act.

    SEC. 103. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN
                  INFORMATION.

        (a) Amendments to the Internal Revenue Code of 1986.--
                (1) In general.--Subparagraph (D) of section 6103(l)(13) of
            the Internal Revenue Code of 1986 is amended--
                        (A) by inserting at the end of clause (iii) the
                    following new sentence: ``Under such terms and
                    conditions as may be prescribed by the Secretary, after
                    consultation with the Department of Education, an
                    institution of higher education described in subclause
                    (I) or a State higher education agency described in
                    subclause (II) may designate a contractor of such
                    institution or state agency to receive return
                    information on behalf of such institution or state
                    agency to administer aspects of the institution's or
                    state agency's activities for the application, award,
                    and administration of such financial aid.'', and
                        (B) by adding at the end the following:
                                ``(iv) Redisclosure to office of inspector
                            general, independent auditors, and
                            contractors.--Any return information which is
                            redisclosed under clause (iii)--
                                        ``(I) may be further disclosed by
                                    persons described in subclauses (I),
                                    (II), or (III) of clause (iii) or
                                    persons designated in the last sentence
                                    of clause (iii) to the Office of
                                    Inspector General of the Department of
                                    Education and independent auditors
                                    conducting audits of such person's
                                    administration of the programs for
                                    which the return information was
                                    received, and
                                        ``(II) may be further disclosed by
                                    persons described in subclauses (I),
                                    (II), or (III) of clause (iii) to
                                    contractors of such entities,
                            but only to the extent necessary in carrying
                            out the purposes described in such clause
                            (iii).
                                ``(v) Redisclosure to family members.--In
                            addition to the purposes for which information
                            is disclosed and used under subparagraphs (A)
                            and (C), or redisclosed under clause (iii), any
                            return information so disclosed or redisclosed
                            may be further disclosed to any individual
                            certified by the Secretary of Education as
                            having provided approval under paragraph (1) or
                            (2) of section 494(a) of the Higher Education
                            Act of 1965, as the case may be, for disclosure
                            related to the income-contingent or income-
                            based repayment plan under subparagraph (A) or
                            the eligibility for, and amount of, Federal
                            student financial aid described in subparagraph
                            (C).
                                ``(vi) Redisclosure of fafsa information.--
                            Return information received under subparagraph
                            (C) may be redisclosed in accordance with
                            subsection (c) of section 494 of the Higher
                            Education Act of 1965 as in effect on the date
                            of enactment of the Consolidated Appropriations
                            Act, 2021 to carry out the purposes specified
                            in such subsection.''.
                (2) Conforming amendment.--Subparagraph (F) of section
            6103(l)(13) of such Code is amended by inserting ``, and any
            redisclosure authorized under clause (iii), (iv) (v), or (vi)
            of subparagraph (D),'' after `` or (C)''.
                (3) Confidentiality of return information.--
                        (A) Section 6103(a)(3) of such Code, as amended by
                    section 3516(a)(1) of the CARES Act (Public Law 116-
                    136), is amended by striking ``(13)(A), (13)(B),
                    (13)(C), (13)(D)(i),'' and inserting ``(13) (other than
                    subparagraphs (D)(v) and (D)(vi) thereof),''.
                        (B) Section 6103(p)(3)(A) of such Code, as amended
                    by section 3516(a)(2) of such Act, is amended by
                    striking ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and
                    inserting ``(13)(D)(iv), (13)(D)(v), (13)(D)(vi)''.
                (4) Effective date.--The amendments made by this subsection
            shall apply to disclosures made after the date of the enactment
            of the FUTURE Act (Public Law 116-91).
        (b) Amendments to the Higher Education Act of 1965.--
                (1) In general.--Section 494 of the Higher Education Act of
            1965 (20 U.S.C. 1098h(a)) is amended--
                        (A) in subsection (a)(1)--
                                (i) in the matter preceding subparagraph
                            (A), by inserting ``, including return
                            information,'' after ``financial information'';
                                (ii) in subparagraph (A)--
                                        (I) in clause (i)--
                                                (aa) by striking
                                            ``subparagraph (B), the'' and
                                            inserting the following:
                                            ``subparagraph (B)--
                                        ``(I) the''; and
                                                (bb) by adding at the end
                                            the following:
                                        ``(II) the return information of
                                    such individuals may be redisclosed
                                    pursuant to clauses (iii), (iv), (v),
                                    and (vi) of section 6103(l)(13)(D) of
                                    the Internal Revenue Code of 1986, for
                                    the relevant purposes described in such
                                    section; and''; and
                                        (II) in clause (ii), by striking
                                    ``such disclosure'' and inserting ``the
                                    disclosures described in subclauses (I)
                                    and (II) of clause (i)''; and
                                (iii) in subparagraph (B), by striking
                            ``disclosure described in subparagraph (A)(i)''
                            and inserting ``disclosures described in
                            subclauses (I) and (II) of subparagraph
                            (A)(i)'';
                        (B) in subsection (a)(2)(A)(ii), by striking
                    ``affirmatively approve the disclosure described in
                    paragraph (1)(A)(i) and agree that such approval shall
                    serve as an ongoing approval of such disclosure until
                    the date on which the individual elects to opt out of
                    such disclosure'' and inserting ``affirmatively approve
                    the disclosures described in subclauses (I) and (II) of
                    paragraph (1)(A)(i), to the extent applicable, and
                    agree that such approval shall serve as an ongoing
                    approval of such disclosures until the date on which
                    the individual elects to opt out of such disclosures'';
                    and
                        (C) by adding at the end the following:
        ``(c) Access to FAFSA Information.--
                ``(1) Redisclosure of information.--The information in a
            complete, unredacted Student Aid Report (including any return
            information disclosed under section 6103(l)(13) of the Internal
            Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with respect to
            an application described in subsection (a)(1) of an applicant
            for Federal student financial aid--
                        ``(A) upon request for such information by such
                    applicant, shall be provided to such applicant by--
                                ``(i) the Secretary; or
                                ``(ii) in a case in which the Secretary has
                            requested that institutions of higher education
                            carry out the requirements of this
                            subparagraph, an institution of higher
                            education that has received such information;
                            and
                        ``(B) with the written consent by the applicant to
                    an institution of higher education, may be provided by
                    such institution of higher education as is necessary to
                    a scholarship granting organization (including a tribal
                    organization (defined in section 4 of the Indian Self-
                    Determination and Education Assistance Act (25 U.S.C.
                    5304))), or to an organization assisting the applicant
                    in applying for and receiving Federal, State, local, or
                    tribal assistance, that is designated by the applicant
                    to assist the applicant in applying for and receiving
                    financial assistance for any component of the
                    applicant's cost of attendance (defined in section 472)
                    at that institution.
                ``(2) Discussion of information.--A discussion of the
            information in an application described in subsection (a)(1)
            (including any return information disclosed under section
            6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
            6103(l)(13)) of an applicant between an institution of higher
            education and the applicant may, with the written consent of
            the applicant, include an individual selected by the applicant
            (such as an advisor) to participate in such discussion.
                ``(3) Restriction on disclosing information.--A person
            receiving information under paragraph (1)(B) or (2) with
            respect to an applicant shall not use the information for any
            purpose other than the express purpose for which consent was
            granted by the applicant and shall not disclose such
            information to any other person without the express permission
            of, or request by, the applicant.
                ``(4) Definitions.--In this subsection:
                        ``(A) Student aid report.--The term `Student Aid
                    Report' has the meaning given the term in section 668.2
                    of title 34, Code of Federal Regulations (or successor
                    regulations).
                        ``(B) Written consent.--The term `written consent'
                    means a separate, written document that is signed and
                    dated (which may include by electronic format) by an
                    applicant, which--
                                ``(i) indicates that the information being
                            disclosed includes return information disclosed
                            under section 6103(l)(13) of the Internal
                            Revenue Code of 1986 (26 U.S.C. 6103(l)(13))
                            with respect to the applicant;
                                ``(ii) states the purpose for which the
                            information is being disclosed; and
                                ``(iii) states that the information may
                            only be used for the specific purpose and no
                            other purposes.
                ``(5) Record keeping requirement.--An institution of higher
            education shall--
                        ``(A) keep a record of each written consent made
                    under this subsection for a period of at least 3 years
                    from the date of the student's last date of attendance
                    at the institution; and
                        ``(B) make each such record readily available for
                    review by the Secretary.''.
                (2) Conforming amendment.--Section 494(a)(3) of the Higher
            Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is amended by
            striking ``paragraph (1)(A)(i)'' both places the term appears
            and inserting ``paragraph (1)(A)(i)(I)''.

    SEC. 104. RESCHEDULING OF THE NAEP MANDATED BIENNIAL 4TH AND 8TH GRADE
                  ASSESSMENT AND ALIGNMENT OF THE MANDATED QUADRENNIAL 12TH
                  GRADE ASSESSMENT.

        (a) Current Assessment Administration Rescheduling.--
    Notwithstanding any other provision of law and due to 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--
                (1) the biennial 4th and 8th grade reading and mathematics
            assessments scheduled to be conducted during the 2020-2021
            school year in accordance with paragraphs (2)(B) and (3)(A)(i)
            of section 303(b) of the National Assessment of Educational
            Progress Authorization Act (20 U.S.C. 9622(b)) and, as
            practicable and subject to the discretion of the National
            Assessment Governing Board, the Trial Urban District
            Assessment, shall be conducted during the 2021-2022 school
            year; and
                (2) the next quadrennial 12th grade reading and mathematics
            assessments carried out in accordance with section 303(b)(2)(C)
            of the National Assessment of Educational Progress
            Authorization Act (20 U.S.C. 9622(b)(2)(C)) after the date of
            enactment of this section, shall be conducted during the 2023-
            2024 school year.
        (b) Future Assessment Administration.--In accordance with section
    303(b)(2)(B) of the National Assessment of Educational Progress
    Authorization Act (20 U.S.C. 9622(b)(2)(B)), the next biennial
    assessments following the 2021-2022 administration, as authorized under
    subsection (a), shall occur in the 2023-2024 school year and, as
    practicable and subject to the discretion of the National Assessment
    Governing Board, the next Trial Urban District Assessment following the
    2021-2022 administration, as authorized under subsection (a), shall
    occur in the 2023-2024 school year.

                             TITLE II--PUBLIC LANDS

    SEC. 201. SAGUARO NATIONAL PARK BOUNDARY EXPANSION.

        (a) Short Title.--This section may be cited as the ``Saguaro
    National Park Boundary Expansion Act''.
        (b) Boundary of Saguaro National Park.--Section 4 of the Saguaro
    National Park Establishment Act of 1994 (Public Law 103-364; 108 Stat.
    3467) is amended--
                (1) in subsection (a)--
                        (A) by inserting ``(1)'' before ``The boundaries of
                    the park''; and
                        (B) by adding at the end the following:
                ``(2)(A) The boundaries of the park are further modified to
            include approximately 1,152 acres, as generally depicted on the
            map titled `Saguaro National Park Proposed Boundary
            Adjustment', numbered 151/80,045G, and dated December 2020.
                ``(B) The map referred to in subparagraph (A) shall be on
            file and available for inspection in the appropriate offices of
            the National Park Service.''; and
                (2) by striking subsection (b)(2) and inserting the
            following new paragraphs:
                ``(2) The Secretary may, with the consent of the State of
            Arizona and in accordance with Federal and State law, acquire
            land or interests therein owned by the State of Arizona within
            the boundary of the park.
                ``(3) If the Secretary is unable to acquire the State land
            under paragraph (2), the Secretary may enter into an agreement
            with the State that would allow the National Park Service to
            manage State land within the boundary of the park.''.

    SEC. 202. NEW RIVER GORGE NATIONAL PARK AND PRESERVE DESIGNATION.

        (a) Short Title.--This section may be cited as the ``New River
    Gorge National Park and Preserve Designation Act''.
        (b) Designation of New River Gorge National Park and New River
    Gorge National Preserve, West Virginia.--
                (1) Redesignation.--The New River Gorge National River
            established under section 1101 of the National Parks and
            Recreation Act of 1978 (16 U.S.C. 460m-15) shall be known and
            designated as the ``New River Gorge National Park and
            Preserve'', consisting of--
                        (A) the New River Gorge National Park; and
                        (B) the New River Gorge National Preserve.
                (2) New river gorge national park.--The boundaries of the
            New River Gorge National Park referred to in paragraph (1)(A)
            shall be the boundaries depicted as ``Proposed National Park
            Area'' on the map entitled ``New River Gorge National Park and
            Preserve Proposed Boundary'', numbered 637/163,199A, and dated
            September 2020.
                (3) New river gorge national preserve; boundary.--The
            boundaries of the New River Gorge National Preserve referred to
            in paragraph (1)(B) shall be the boundaries depicted as
            ``Proposed National Preserve Area'' on the map entitled ``New
            River Gorge National Park and Preserve Proposed Boundary'',
            numbered 637/163,199A, and dated September 2020.
        (c) Administration.--
                (1) In general.--The New River Gorge National Park and
            Preserve shall be administered by the Secretary of the Interior
            (referred to in this section as the ``Secretary'') in
            accordance with--
                        (A) this section;
                        (B) the laws generally applicable to units of the
                    National Park System, including--
                                (i) section 100101(a), chapter 1003, and
                            sections 100751(a), 100752, 100753, and 102101
                            of title 54, United States Code; and
                                (ii) chapter 3201 of title 54, United
                            States Code; and
                        (C) title XI of the National Parks and Recreation
                    Act of 1978 (16 U.S.C. 460m-15 et seq.), except that
                    the provisions of section 1106 of that Act (16 U.S.C.
                    460m-20) relating to hunting shall not apply to the New
                    River Gorge National Park.
                (2) Hunting and fishing.--
                        (A) Hunting.--Hunting within the New River Gorge
                    National Preserve shall be administered by the
                    Secretary--
                                (i) in the same manner as hunting was
                            administered on the day before the date of
                            enactment of this Act in those portions of the
                            New River Gorge National River designated as
                            the New River Gorge National Preserve by
                            subsection (b)(3); and
                                (ii) in accordance with--
                                        (I) section 1106 of the National
                                    Parks and Recreation Act of 1978 (16
                                    U.S.C. 460m-20); and
                                        (II) other applicable laws.
                        (B) Fishing.--Fishing within the New River Gorge
                    National Park and Preserve shall be administered by the
                    Secretary--
                                (i) in the same manner as fishing was
                            administered within the New River Gorge
                            National River on the day before the date of
                            enactment of this Act; and
                                (ii) in accordance with--
                                        (I) section 1106 of the National
                                    Parks and Recreation Act of 1978 (16
                                    U.S.C. 460m-20); and
                                        (II) other applicable laws.
                        (C) Private land.--Nothing in this section
                    prohibits hunting, fishing, or trapping on private land
                    in accordance with applicable State and Federal laws.
                (3) Land acquisition.--
                        (A) Additional land for national preserve.--
                                (i) In general.--The Secretary may acquire
                            land or any interest in land identified as
                            ``Proposed Additional Lands'' on the map
                            entitled ``New River Gorge National Park and
                            Preserve Proposed Boundary'', numbered 637/
                            163,199A, and dated September 2020, by purchase
                            from a willing seller, donation, or exchange.
                                (ii) Boundary modification.--On acquisition
                            of any land or interest in land under clause
                            (i), the Secretary shall--
                                        (I) modify the boundary of the New
                                    River Gorge National Preserve to
                                    reflect the acquisition; and
                                        (II) administer the land or
                                    interest in land in accordance with the
                                    laws applicable to the New River Gorge
                                    National Preserve.
                        (B) Visitor parking.--
                                (i) In general.--The Secretary may acquire
                            not more than 100 acres of land in the vicinity
                            of the New River Gorge National Park and
                            Preserve by purchase from a willing seller,
                            donation, or exchange to provide for--
                                        (I) visitor parking; and
                                        (II) improved public access to the
                                    New River Gorge National Park and
                                    Preserve.
                                (ii) Administration.--On acquisition of the
                            land under clause (i), the acquired land shall
                            be administered as part of the New River Gorge
                            National Park or the New River Gorge National
                            Preserve, as appropriate.
                (4) Commercial recreational watercraft services.--
            Commercial recreational watercraft services within the New
            River Gorge National Park and Preserve shall be administered by
            the Secretary in accordance with section 402 of the West
            Virginia National Interest River Conservation Act of 1987 (16
            U.S.C. 460m-15 note; Public Law 100-534).
                (5) References.--Any reference in a law, map, regulation,
            document, paper, or other record of the United States to the
            New River Gorge National River shall be considered to be a
            reference to the ``New River Gorge National Park'' or the ``New
            River Gorge National Preserve'', as appropriate.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.

    SEC. 203. DESIGNATION OF MIRACLE MOUNTAIN.

        (a) Short Title.--This section may be cited as the ``Miracle
    Mountain Designation Act''.
        (b) Findings.--Congress finds as follows:
                (1) On September 13, 2018, the Bald Mountain Fire burned
            nearly 20,000 acres of land in Utah.
                (2) Elk Ridge City, located in Utah County, was nearly the
            victim of this fire.
                (3) Suddenly, the fire halted its progression and, instead
            of burning into Elk Ridge City, stayed behind the mountain and
            spared the city.
                (4) Congress, in acknowledgment of this event, believes
            this mountain holds special significance to the residents of
            Elk Ridge City and surrounding communities.
                (5) The presently unnamed peak has been referred to as
            ``Miracle Mountain'' by many residents since the fire that
            nearly went into Elk Ridge City.
        (c) Designation.--The mountain in the State of Utah, located at 39
    59' 02N, 111 40' 12W, shall be known and designated as ``Miracle
    Mountain''.
        (d) References.--Any reference in a law, map, regulation, document,
    record, or other paper of the United States to the mountain described
    in subsection (c) shall be considered to be a reference to ``Miracle
    Mountain''.

        TITLE III--FOREIGN RELATIONS AND DEPARTMENT OF STATE PROVISIONS

        Subtitle A--Robert Levinson Hostage Recovery and Hostage-taking
                               Accountability Act

    SEC. 301. SHORT TITLE.

        This subtitle may be cited as the ``Robert Levinson Hostage
    Recovery and Hostage-Taking Accountability Act''.

    SEC. 302. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY OR
                  WRONGFULLY DETAINED ABROAD.

        (a) Review.--The Secretary of State shall review the cases of
    United States nationals detained abroad to determine if there is
    credible information that they are being detained unlawfully or
    wrongfully, based on criteria which may include whether--
                (1) United States officials receive or possess credible
            information indicating innocence of the detained individual;
                (2) the individual is being detained solely or
            substantially because he or she is a United States national;
                (3) the individual is being detained solely or
            substantially to influence United States Government policy or
            to secure economic or political concessions from the United
            States Government;
                (4) the detention appears to be because the individual
            sought to obtain, exercise, defend, or promote freedom of the
            press, freedom of religion, or the right to peacefully
            assemble;
                (5) the individual is being detained in violation of the
            laws of the detaining country;
                (6) independent nongovernmental organizations or
            journalists have raised legitimate questions about the
            innocence of the detained individual;
                (7) the United States mission in the country where the
            individual is being detained has received credible reports that
            the detention is a pretext for an illegitimate purpose;
                (8) the individual is detained in a country where the
            Department of State has determined in its annual human rights
            reports that the judicial system is not independent or
            impartial, is susceptible to corruption, or is incapable of
            rendering just verdicts;
                (9) the individual is being detained in inhumane
            conditions;
                (10) due process of law has been sufficiently impaired so
            as to render the detention arbitrary; and
                (11) United States diplomatic engagement is likely
            necessary to secure the release of the detained individual.
        (b) Referrals to the Special Envoy.--Upon a determination by the
    Secretary of State, based on the totality of the circumstances, that
    there is credible information that the detention of a United States
    national abroad is unlawful or wrongful, and regardless of whether the
    detention is by a foreign government or a nongovernmental actor, the
    Secretary shall transfer responsibility for such case from the Bureau
    of Consular Affairs of the Department of State to the Special Envoy for
    Hostage Affairs created pursuant to section 303.
        (c) Report.--
                (1) Annual report.--
                        (A) In general.--The Secretary of State shall
                    submit to the appropriate congressional committees an
                    annual report with respect to United States nationals
                    for whom the Secretary determines there is credible
                    information of unlawful or wrongful detention abroad.
                        (B) Form.--The report required under this paragraph
                    shall be submitted in unclassified form, but may
                    include a classified annex if necessary.
                (2) Composition.--The report required under paragraph (1)
            shall include current estimates of the number of individuals so
            detained, as well as relevant information about particular
            cases, such as--
                        (A) the name of the individual, unless the
                    provision of such information is inconsistent with
                    section 552a of title 5, United States Code (commonly
                    known as the ``Privacy Act of 1974'');
                        (B) basic facts about the case;
                        (C) a summary of the information that such
                    individual may be detained unlawfully or wrongfully;
                        (D) a description of specific efforts, legal and
                    diplomatic, taken on behalf of the individual since the
                    last reporting period, including a description of
                    accomplishments and setbacks; and
                        (E) a description of intended next steps.
        (d) Resource Guidance.--
                (1) Establishment.--Not later than 180 days after the date
            of the enactment of this Act and after consulting with relevant
            organizations that advocate on behalf of United States
            nationals detained abroad and the Family Engagement Coordinator
            established pursuant to section 304(c)(2), the Secretary of
            State shall provide resource guidance in writing for government
            officials and families of unjustly or wrongfully detained
            individuals.
                (2) Content.--The resource guidance required under
            paragraph (1) should include--
                        (A) information to help families understand United
                    States policy concerning the release of United States
                    nationals unlawfully or wrongfully held abroad;
                        (B) contact information for officials in the
                    Department of State or other government agencies suited
                    to answer family questions;
                        (C) relevant information about options available to
                    help families obtain the release of unjustly or
                    wrongfully detained individuals, such as guidance on
                    how families may engage with United States diplomatic
                    and consular channels to ensure prompt and regular
                    access for the detained individual to legal counsel,
                    family members, humane treatment, and other services;
                        (D) guidance on submitting public or private
                    letters from members of Congress or other individuals
                    who may be influential in securing the release of an
                    individual; and
                        (E) appropriate points of contacts, such as legal
                    resources and counseling services, who have a record of
                    assisting victims' families.

    SEC. 303. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.

        (a) Establishment.--There shall be a Special Presidential Envoy for
    Hostage Affairs, who shall be appointed by the President, by and with
    the advice and consent of the Senate, and shall report to the Secretary
    of State.
        (b) Rank.--The Special Envoy shall have the rank and status of
    ambassador.
        (c) Responsibilities.--The Special Presidential Envoy for Hostage
    Affairs shall--
                (1) lead diplomatic engagement on United States hostage
            policy;
                (2) coordinate all diplomatic engagements and strategy in
            support of hostage recovery efforts, in coordination with the
            Hostage Recovery Fusion Cell and consistent with policy
            guidance communicated through the Hostage Response Group;
                (3) in coordination with the Hostage Recovery Fusion Cell
            as appropriate, coordinate diplomatic engagements regarding
            cases in which a foreign government has detained a United
            States national and the United States Government regards such
            detention as unlawful or wrongful;
                (4) provide senior representation from the Special Envoy's
            office to the Hostage Recovery Fusion Cell established under
            section 304 and the Hostage Response Group established under
            section 305; and
                (5) ensure that families of United States nationals
            unlawfully or wrongly detained abroad receive updated
            information about developments in cases and government policy.

    SEC. 304. HOSTAGE RECOVERY FUSION CELL.

        (a) Establishment.--The President shall establish an interagency
    Hostage Recovery Fusion Cell.
        (b) Participation.--The President shall direct the heads of each of
    the following executive departments, agencies, and offices to make
    available personnel to participate in the Hostage Recovery Fusion Cell:
                (1) The Department of State.
                (2) The Department of the Treasury.
                (3) The Department of Defense.
                (4) The Department of Justice.
                (5) The Office of the Director of National Intelligence.
                (6) The Federal Bureau of Investigation.
                (7) The Central Intelligence Agency.
                (8) Other agencies as the President, from time to time, may
            designate.
        (c) Personnel.--The Hostage Recovery Fusion Cell shall include--
                (1) a Director, who shall be a full-time senior officer or
            employee of the United States Government;
                (2) a Family Engagement Coordinator who shall--
                        (A) work to ensure that all interactions by
                    executive branch officials with a hostage's family
                    occur in a coordinated fashion and that the family
                    receives consistent and accurate information from the
                    United States Government; and
                        (B) if directed, perform the same function as set
                    out in subparagraph (A) with regard to the family of a
                    United States national who is unlawfully or wrongfully
                    detained abroad; and
                (3) other officers and employees as deemed appropriate by
            the President.
        (d) Duties.--The Hostage Recovery Fusion Cell shall--
                (1) coordinate efforts by participating agencies to ensure
            that all relevant information, expertise, and resources are
            brought to bear to secure the safe recovery of United States
            nationals held hostage abroad;
                (2) if directed, coordinate the United States Government's
            response to other hostage-takings occurring abroad in which the
            United States has a national interest;
                (3) if directed, coordinate or assist the United States
            Government's response to help secure the release of United
            States nationals unlawfully or wrongfully detained abroad; and
                (4) pursuant to policy guidance coordinated through the
            National Security Council--
                        (A) identify and recommend hostage recovery options
                    and strategies to the President through the National
                    Security Council or the Deputies Committee of the
                    National Security Council;
                        (B) coordinate efforts by participating agencies to
                    ensure that information regarding hostage events,
                    including potential recovery options and engagements
                    with families and external actors (including foreign
                    governments), is appropriately shared within the United
                    States Government to facilitate a coordinated response
                    to a hostage-taking;
                        (C) assess and track all hostage-takings of United
                    States nationals abroad and provide regular reports to
                    the President and Congress on the status of such cases
                    and any measures being taken toward the hostages' safe
                    recovery;
                        (D) provide a forum for intelligence sharing and,
                    with the support of the Director of National
                    Intelligence, coordinate the declassification of
                    relevant information;
                        (E) coordinate efforts by participating agencies to
                    provide appropriate support and assistance to hostages
                    and their families in a coordinated and consistent
                    manner and to provide families with timely information
                    regarding significant events in their cases;
                        (F) make recommendations to agencies in order to
                    reduce the likelihood of United States nationals' being
                    taken hostage abroad and enhance United States
                    Government preparation to maximize the probability of a
                    favorable outcome following a hostage-taking; and
                        (G) coordinate with agencies regarding
                    congressional, media, and other public inquiries
                    pertaining to hostage events.
        (e) Administration.--The Hostage Recovery Fusion Cell shall be
    located within the Federal Bureau of Investigation for administrative
    purposes.

    SEC. 305. HOSTAGE RESPONSE GROUP.

        (a) Establishment.--The President shall establish a Hostage
    Response Group, chaired by a designated member of the National Security
    Council or the Deputies Committee of the National Security Council, to
    be convened on a regular basis, to further the safe recovery of United
    States nationals held hostage abroad or unlawfully or wrongfully
    detained abroad, and to be tasked with coordinating the United States
    Government response to other hostage-takings occurring abroad in which
    the United States has a national interest.
        (b) Membership.--The regular members of the Hostage Response Group
    shall include the Director of the Hostage Recovery Fusion Cell, the
    Hostage Recovery Fusion Cell's Family Engagement Coordinator, the
    Special Envoy appointed pursuant to section 303, and representatives
    from the Department of the Treasury, the Department of Defense, the
    Department of Justice, the Federal Bureau of Investigation, the Office
    of the Director of National Intelligence, the Central Intelligence
    Agency, and other agencies as the President, from time to time, may
    designate.
        (c) Duties.--The Hostage Recovery Group shall--
                (1) identify and recommend hostage recovery options and
            strategies to the President through the National Security
            Council;
                (2) coordinate the development and implementation of United
            States hostage recovery policies, strategies, and procedures;
                (3) receive regular updates from the Hostage Recovery
            Fusion Cell and the Special Envoy for Hostage Affairs on the
            status of United States nationals being held hostage or
            unlawfully or wrongfully detained abroad and measures being
            taken to effect safe recoveries;
                (4) coordinate the provision of policy guidance to the
            Hostage Recovery Fusion Cell, including reviewing recovery
            options proposed by the Hostage Recovery Fusion Cell and
            working to resolve disputes within the Hostage Recovery Fusion
            Cell;
                (5) as appropriate, direct the use of resources at the
            Hostage Recovery Fusion Cell to coordinate or assist in the
            safe recovery of United States nationals unlawfully or
            wrongfully detained abroad; and
                (6) as appropriate, direct the use of resources at the
            Hostage Recovery Fusion Cell to coordinate the United States
            Government response to other hostage-takings occurring abroad
            in which the United States has a national interest.
        (d) Meetings.--The Hostage Response Group shall meet regularly.
        (e) Reporting.--The Hostage Response Group shall regularly provide
    recommendations on hostage recovery options and strategies to the
    National Security Council.

    SEC. 306. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

        (a) In General.--The President may impose the sanctions described
    in subsection (b) with respect to any foreign person the President
    determines, based on credible evidence--
                (1) is responsible for or is complicit in, or responsible
            for ordering, controlling, or otherwise directing, the hostage-
            taking of a United States national abroad or the unlawful or
            wrongful detention of a United States national abroad; or
                (2) knowingly provides financial, material, or
            technological support for, or goods or services in support of,
            an activity described in paragraph (1).
        (b) Sanctions Described.--The sanctions described in this
    subsection are the following:
                (1) Ineligibility for visas, admission, or parole.--
                        (A) Visas, admission, or parole.--An alien
                    described in subsection (a) may be--
                                (i) inadmissible to the United States;
                                (ii) ineligible to receive a visa or other
                            documentation to enter the United States; and
                                (iii) otherwise ineligible to be admitted
                            or paroled into the United States or to receive
                            any other benefit under the Immigration and
                            Nationality Act (8 U.S.C. 1101 et seq.).
                        (B) Current visas revoked.--
                                (i) In general.--An alien described in
                            subsection (a) may be subject to revocation of
                            any visa or other entry documentation
                            regardless of when the visa or other entry
                            documentation is or was issued.
                                (ii) Immediate effect.--A revocation under
                            clause (i) may--
                                        (I) take effect immediately; and
                                        (II) cancel any other valid visa or
                                    entry documentation that is in the
                                    alien's possession.
                (2) Blocking of property.--
                        (A) In general.--The President may exercise all of
                    the powers granted to the President under the
                    International Emergency Economic Powers Act (50 U.S.C.
                    1701 et seq.), to the extent necessary to block and
                    prohibit all transactions in property and interests in
                    property of a foreign person described in subsection
                    (a) if such property and interests in property are in
                    the United States, come within the United States, or
                    are or come within the possession or control of a
                    United States person.
                        (B) Inapplicability of national emergency
                    requirement.--The requirements of section 202 of the
                    International Emergency Economic Powers Act (50 U.S.C.
                    1701) shall not apply for purposes of this section.
        (c) Exceptions.--
                (1) Exception for intelligence activities.--Sanctions under
            this section shall not apply to any activity subject to the
            reporting requirements under title V of the National Security
            Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
            intelligence activities of the United States.
                (2) Exception to comply with international obligations and
            for law enforcement activities.--Sanctions under subsection
            (b)(1) shall not apply with respect to an alien if admitting or
            paroling the alien into the United States is necessary--
                        (A) to permit the United States to comply with the
                    Agreement regarding the Headquarters of the United
                    Nations, signed at Lake Success June 26, 1947, and
                    entered into force November 21, 1947, between the
                    United Nations and the United States, or other
                    applicable international obligations; or
                        (B) to carry out or assist law enforcement activity
                    in the United States.
        (d) Penalties.--A person that violates, attempts to violate,
    conspires to violate, or causes a violation of subsection (b)(2) or any
    regulation, license, or order issued to carry out that subsection shall
    be subject to the penalties set forth in subsections (b) and (c) of
    section 206 of the International Emergency Economic Powers Act (50
    U.S.C. 1705) to the same extent as a person that commits an unlawful
    act described in subsection (a) of that section.
        (e) Termination of Sanctions.--The President may terminate the
    application of sanctions under this section with respect to a person if
    the President determines that--
                (1) information exists that the person did not engage in
            the activity for which sanctions were imposed;
                (2) the person has been prosecuted appropriately for the
            activity for which sanctions were imposed;
                (3) the person has credibly demonstrated a significant
            change in behavior, has paid an appropriate consequence for the
            activity for which sanctions were imposed, and has credibly
            committed to not engage in an activity described in subsection
            (a) in the future; or
                (4) the termination of the sanctions is in the national
            security interests of the United States.
        (f) Reporting Requirement.--If the President terminates sanctions
    pursuant to subsection (d), the President shall report to the
    appropriate congressional committees a written justification for such
    termination within 15 days.
        (g) Implementation of Regulatory Authority.--The President may
    exercise all authorities provided under sections 203 and 205 of the
    International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
    to carry out this section.
        (h) Exception Relating to Importation of Goods.--
                (1) In general.--The authorities and requirements to impose
            sanctions authorized under this subtitle shall not include the
            authority or a requirement to impose sanctions on the
            importation of goods.
                (2) Good defined.--In this paragraph, the term ``good''
            means any article, natural or manmade substance, material,
            supply or manufactured product, including inspection and test
            equipment, and excluding technical data.
        (i) Definitions.--In this section:
                (1) Foreign person.--The term ``foreign person'' means--
                        (A) any citizen or national of a foreign country
                    (including any such individual who is also a citizen or
                    national of the United States); or
                        (B) any entity not organized solely under the laws
                    of the United States or existing solely in the United
                    States.
                (2) United states person.--The term ``United States
            person'' means--
                        (A) an individual who is a United States citizen or
                    an alien lawfully admitted for permanent residence to
                    the United States;
                        (B) an entity organized under the laws of the
                    United States or any jurisdiction within the United
                    States, including a foreign branch of such an entity;
                    or
                        (C) any person in the United States.

    SEC. 307. DEFINITIONS.

        In this Act:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the Committee on Foreign Relations, the
                    Committee on Appropriations, the Committee on Banking,
                    Housing, and Urban Affairs, the Committee on the
                    Judiciary, the Committee on Armed Services, and the
                    Select Committee on Intelligence of the United States
                    Senate; and
                        (B) the Committee on Foreign Affairs, the Committee
                    on Appropriations, the Committee on Financial Services,
                    the Committee on the Judiciary, the Committee on Armed
                    Services, and the Permanent Select Committee on
                    Intelligence of the House of Representatives.
                (2) United states national.--The term ``United States
            national'' means--
                        (A) a United States national as defined in section
                    101(a)(22) or section 308 of the Immigration and
                    Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408);
                    and
                        (B) a lawful permanent resident alien with
                    significant ties to the United States.

    SEC. 308. RULE OF CONSTRUCTION.

        Nothing in this Act may be construed to authorize a private right
    of action.

                    Subtitle B--Taiwan Assurance Act of 2020

    SEC. 311. SHORT TITLE.

        This subtitle may be cited as the ``Taiwan Assurance Act of 2020''.

    SEC. 312. FINDINGS.

        Congress makes the following findings:
                (1) April 10, 2019, marked the 40th anniversary of the
            Taiwan Relations Act of 1979 (Public Law 96-8).
                (2) Since 1949, the close relationship between the United
            States and Taiwan has benefitted both parties and the broader
            Indo-Pacific region.
                (3) The security of Taiwan and its democracy are key
            elements of continued peace and stability of the greater Indo-
            Pacific region, which is in the political, security, and
            economic interests of the United States.
                (4) The People's Republic of China is currently engaged in
            a comprehensive military modernization campaign to enhance the
            power-projection capabilities of the People's Liberation Army
            and its ability to conduct joint operations, which is shifting
            the military balance of power across the Taiwan Strait.
                (5) Taiwan and its diplomatic partners continue to face
            sustained pressure and coercion from the People's Republic of
            China, which seeks to isolate Taiwan from the international
            community.
                (6) It is the policy of the United States to reinforce its
            commitments to Taiwan under the Taiwan Relations Act in a
            manner consistent with the ``Six Assurances'' and in accordance
            with the United States ``One China'' policy.
                (7) In the Taiwan Travel Act, which became law on March 16,
            2018, Congress observed that the ``self-imposed restrictions
            that the United States maintains on high-level visits'' between
            the United States and Taiwan have resulted in insufficient
            high-level communication.

    SEC. 313. SENSE OF CONGRESS.

        It is the sense of Congress that--
                (1) Taiwan is a vital part of the United States Free and
            Open Indo-Pacific Strategy;
                (2) the United States Government--
                        (A) supports Taiwan's continued pursuit of
                    asymmetric capabilities and concepts; and
                        (B) urges Taiwan to increase its defense spending
                    in order to fully resource its defense strategy; and
                (3) the United States should conduct regular sales and
            transfers of defense articles to Taiwan in order to enhance its
            self-defense capabilities, particularly its efforts to develop
            and integrate asymmetric capabilities, including undersea
            warfare and air defense capabilities, into its military forces.

    SEC. 314. TAIWAN'S INCLUSION IN INTERNATIONAL ORGANIZATIONS.

        (a) Sense of Congress.--It is the sense of Congress that the
    People's Republic of China's attempts to dictate the terms of Taiwan's
    participation in international organizations, has, in many cases,
    resulted in Taiwan's exclusion from such organizations even when
    statehood is not a requirement, and that such exclusion--
                (1) is detrimental to global health, civilian air safety,
            and efforts to counter transnational crime;
                (2) negatively impacts the safety and security of citizens
            globally; and
                (3) negatively impacts the security of Taiwan and its
            democracy.
        (b) Statement of Policy.--It is the policy of the United States to
    advocate for Taiwan's meaningful participation in the United Nations,
    the World Health Assembly, the International Civil Aviation
    Organization, the International Criminal Police Organization, and other
    international bodies, as appropriate, and to advocate for Taiwan's
    membership in the Food and Agriculture Organization, the United Nations
    Educational, Scientific and Cultural Organization, and other
    international organizations for which statehood is not a requirement
    for membership.

    SEC. 315. REVIEW OF DEPARTMENT OF STATE TAIWAN GUIDELINES.

        (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of State shall conduct a review of
    the Department of State's guidance that governs relations with Taiwan,
    including the periodic memorandum entitled ``Guidelines on Relations
    with Taiwan'' and related documents, and reissue such guidance to
    executive branch departments and agencies.
        (b) Sense of Congress.--It is the sense of Congress that the
    Department of State's guidance regarding relations with Taiwan--
                (1) should be crafted with the intent to deepen and expand
            United States-Taiwan relations, and be based on the value,
            merits, and importance of the United States-Taiwan
            relationship;
                (2) should be crafted giving due consideration to the fact
            that Taiwan is governed by a representative democratic
            government that is peacefully constituted through free and fair
            elections that reflect the will of the people of Taiwan, and
            that Taiwan is a free and open society that respects universal
            human rights and democratic values; and
                (3) should ensure that the conduct of relations with Taiwan
            reflects the longstanding, comprehensive, and values-based
            relationship the United States shares with Taiwan, and
            contribute to the peaceful resolution of cross-strait issues.
        (c) Reporting Requirements.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary of State shall submit to
    the Committee on Foreign Relations of the Senate and the Committee on
    Foreign Affairs of the House of Representatives a report that includes
    a description of--
                (1) the results of the review pursuant to subsection (a) of
            the Department of State's guidance on relations with Taiwan,
            including a copy of the reissued ``Guidelines of Relations with
            Taiwan'' memorandum; and
                (2) the implementation of the Taiwan Travel Act (Public Law
            115-135) and any changes to guidance on relations with Taiwan
            that are the result of such implementation.

                Subtitle C--Support for Human Rights in Belarus

    SEC. 321. SHORT TITLE.

        This subtitle may be cited as the ``Belarus Democracy, Human
    Rights, and Sovereignty Act of 2020''.

    SEC. 322. FINDINGS.

        Section 2 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:

    ``SEC. 2. FINDINGS.

        ``Congress finds the following:
                ``(1) The International Covenant on Civil and Political
            Rights, done at New York December 19, 1966, was ratified by
            Belarus in 1973, guaranteeing Belarusians the freedom of
            expression and the freedom of association.
                ``(2) Alyaksandr Lukashenka has ruled Belarus as an
            undemocratic dictatorship since the first presidential election
            in Belarus in 1994.
                ``(3) Subsequent presidential elections in Belarus have
            been neither free nor fair and have been rejected by the
            international community as not meeting minimal electoral
            standards, with the jailing of opposition activists frequently
            used as a tool of government repression before and after the
            elections.
                ``(4) In response to the repression and violence during the
            2006 presidential election, Congress passed the Belarus
            Democracy Reauthorization Act of 2006 (Public Law 109-480).
                ``(5) In 2006, President George W. Bush issued Executive
            Order 13405, titled `Blocking Property of Certain Persons
            Undermining Democratic Processes or Institutions in Belarus',
            which authorized the imposition of sanctions against persons
            responsible for--
                        ``(A) undermining democratic processes in Belarus;
                    or
                        ``(B) participating in human rights abuses related
                    to political repression in Belarus.
                ``(6) In March 2011, the Senate unanimously passed Senate
            Resolution 105, which--
                        ``(A) condemned the December 2010 election in
                    Belarus as `illegitimate, fraudulent, and not
                    representative of the will or the aspirations of the
                    voters in Belarus'; and
                        ``(B) called on the Lukashenka regime `to
                    immediately and unconditionally release all political
                    prisoners in Belarus who were arrested in association
                    with the December 19, 2010, election'.
                ``(7) The Government of Belarus, led illegally by
            Alyaksandr Lukashenka, continues to engage in a pattern of
            clear and persistent violations of human rights and fundamental
            freedoms.
                ``(8) The Government of Belarus, led illegally by
            Alyaksandr Lukashenka, continues to engage in a pattern of
            clear and uncorrected violations of basic principles of
            democratic governance, including through a series of
            fundamentally flawed presidential and parliamentary elections
            undermining the legitimacy of executive and legislative
            authority in that country.
                ``(9) The Government of Belarus, led illegally by
            Alyaksandr Lukashenka, continues to subject thousands of pro-
            democracy political activists and peaceful protesters to
            harassment, beatings, and imprisonment, particularly as a
            result of their attempts to peacefully exercise their right to
            freedom of assembly and association.
                ``(10) The Government of Belarus, led illegally by
            Alyaksandr Lukashenka, continues to suppress independent media
            and journalists and to restrict access to the internet,
            including social media and other digital communication
            platforms, in violation of the right to freedom of speech and
            expression of those dissenting from the dictatorship of
            Alyaksandr Lukashenka.
                ``(11) The Government of Belarus, led illegally by
            Alyaksandr Lukashenka, continues a systematic campaign of
            harassment, repression, and closure of nongovernmental
            organizations, including independent trade unions and
            entrepreneurs, creating a climate of fear that inhibits the
            development of civil society and social solidarity.
                ``(12) The Government of Belarus, led illegally by
            Alyaksandr Lukashenka, has pursued a policy undermining the
            country's sovereignty and independence by making Belarus
            political, economic, cultural, and societal interests
            subservient to those of Russia.
                ``(13) The Government of Belarus, led illegally by
            Alyaksandr Lukashenka, continues to reduce the independence of
            Belarus through integration into a so-called `Union State' that
            is under the control of Russia.
                ``(14) In advance of the August 2020 presidential elections
            in Belarus, authorities acting on behalf of President
            Lukashenka arrested journalists, bloggers, political activists,
            and opposition leaders, including 3 leading presidential
            candidates (Syarhey Tsikhanouski, Mikalay Statkevich, and
            Viktar Babaryka), who were barred from running in the election
            by the Central Election Commission of the Republic of Belarus.
                ``(15) While the 3 opposition candidates were imprisoned, 2
            of their wives and 1 of their campaign managers (Sviatlana
            Tsikhanouskaya, Veranika Tsepkala, and Maria Kalesnikava)
            joined together and ran in place of the candidates.
                ``(16) Thousands of Belarusian people demonstrated their
            support for these candidates by attending rallies, including 1
            rally that included an estimated 63,000 participants.
                ``(17) On August, 5, 2020, the Senate unanimously passed
            Senate Resolution 658, which calls for a free, fair, and
            transparent presidential election in Belarus, including the
            unimpeded participation of all presidential candidates.
                ``(18) On August 9, 2020, the Government of Belarus
            conducted a presidential election that--
                        ``(A) was held under undemocratic conditions that
                    did not meet international standards;
                        ``(B) involved government malfeasance and serious
                    irregularities with ballot counting and the reporting
                    of election results, including--
                                ``(i) early voting ballot stuffing;
                                ``(ii) ballot burning;
                                ``(iii) pressuring poll workers; and
                                ``(iv) removing bags full of ballots by
                            climbing out of windows;
                        ``(C) included restrictive measures that impeded
                    the work of local independent observers and did not
                    provide sufficient notice to the OSCE to allow for the
                    OSCE to monitor the elections, as is customary.
                ``(19) Incumbent president Alyaksandr Lukashenka declared a
            landslide victory in the election and claimed to have received
            more than 80 percent of the votes cast in the election.
                ``(20) The leading opposition candidate, Sviatlana
            Tsikhanouskaya--
                        ``(A) formally disputed the government's reported
                    election results;
                        ``(B) explained that her staff had examined the
                    election results from more than 50 polling places; and
                        ``(C) found that her share of the vote exceeded
                    Lukashenka's share by many times.
                ``(21) On August 10, 2020, Sviatlana Tsikhanouskaya was
            detained while attending a meeting with the Central Election
            Commission of the Republic of Belarus and forced to flee to
            Lithuania under pressure from government authorities.
                ``(22) On August 11, 2020, Lithuanian Foreign Minister
            Linas Linkevicius announced that Sviatlana Tsikhanouskaya was
            safe in Lithuania and has continued to be one of the strongest
            voices supporting the pro-democracy movement in Belarus within
            the European Union and globally.
                ``(23) On August 18, 2020, Sviatlana Tsikhanouskaya
            announced the formation of a Coordination Council to oversee a
            resolution to the crisis in Belarus and a peaceful transition
            of power by subjecting the Council's senior members to
            violence, detention, and forced exile. The Government of
            Belarus, led illegally by Alyaksandr Lukashenka, has sought to
            stop the work of the Coordination Council.
                ``(24) Before the European Parliament on August 25, 2020,
            Sviatlana Tsikhanouskaya stressed that a `peaceful revolution'
            was underway in Belarus, and that `It is neither a pro-Russian
            nor anti-Russian revolution. It is neither an anti-European
            Union nor a pro-European Union revolution. It is a democratic
            revolution.'.
                ``(25) On or around September 6, 2020, opposition leader
            Maria Kalesnikava and members of the Coordination Council,
            including Anton Ronenkov, Ivan Kravtsov, and Maxim Bogretsov,
            were detained by authorities who sought to forcibly expel them
            to Ukraine. Ms. Kalesnikava tore up her passport at the
            Ukrainian border in a successful effort to prevent this
            expulsion, subsequently disappeared, and was discovered in a
            Minsk prison on September 9, 2020.
                ``(26) On August 11, 2020, the European Union High
            Representative for Foreign and Security Policy, Josep Borrell,
            issued a declaration on the presidential election in Belarus
            stating that the elections were neither free nor fair.
                ``(27) On August 28, 2020, United States Deputy Secretary
            of State Stephen Biegun declared that the August 9th election
            in Belarus was fraudulent.
                ``(28) Following Alyaksandr Lukashenka's September 23,
            2020, secret inauguration, the United States, the European
            Union, numerous European Union member states, the United
            Kingdom, and Canada announced that they did not recognize Mr.
            Lukashenka as the legitimately elected leader of Belarus.
                ``(29) Since the sham election on August 9, 2020, tens of
            thousands of Belarusian citizens have participated in daily
            peaceful protests calling for a new, free, and fair election,
            and the release of political prisoners.
                ``(30) According to Amnesty International, on August 30,
            2020, Belarusians held one of the largest protest rallies in
            the country's modern history in Minsk and in other cities,
            which was attended by at least 100,000 people who demanded the
            resignation of President Lukashenka and an investigation into
            the human rights violations in Belarus.
                ``(31) Women have served as the leading force in
            demonstrations across the country, protesting the police
            brutality and mass detentions by wearing white, carrying
            flowers, forming `solidarity chains', and unmasking undercover
            police trying to arrest demonstrators.
                ``(32) The Government of Belarus has responded to the
            peaceful opposition protests, which are the largest in Belarus
            history, with a violent crackdown, including, according to the
            United Nations Special Rapporteur, the detention by government
            authorities of more than 10,000 peaceful protestors as of
            September 18, 2020, mostly for taking part in or observing
            peaceful protests, with many of these arrests followed by
            beatings and torture at the hands of Belarusian law
            enforcement.
                ``(33) According to the Viasna Human Rights Centre, at
            least 450 detainees have reported being tortured or otherwise
            ill-treated while held in incommunicado detention for up to 10
            days, including through--
                        ``(A) severe beatings;
                        ``(B) forced performance of humiliating acts; and
                        ``(C) sexual violence and other forms of violence.
                ``(34) At least 4 Belarusians have been killed at protests,
            and dozens of Belarusians who were detained during the protests
            are still missing.
                ``(35) The Belarus Ministry of Defense threatened to send
            the army to confront protestors, warning that in case of any
            violation of peace and order in areas around national
            monuments, `you will have the army to deal with now, not the
            police'.
                ``(36) The Government of Belarus, led illegally by
            Alyaksandr Lukashenka, has consistently restricted the free
            flow of information to silence the opposition and to conceal
            the regime's violent crackdown on peaceful protestors,
            including by--
                        ``(A) stripping the accreditation of journalists
                    from major foreign news outlets;
                        ``(B) detaining and harassing countless
                    journalists.
                        ``(C) arresting dozens of journalists, 6 of whom
                    report for Radio Free Europe/Radio Liberty;
                        ``(D) halting the publishing of 2 independent
                    newspapers; and
                        ``(E) disrupting internet access;
                        ``(F) blocking more than 50 news websites that were
                    covering the protests; and
                        ``(G) limiting access to social media and other
                    digital communication platforms.
                ``(37) Internet access in Belarus has been repeatedly
            disrupted and restricted since August 9, 2020, which
            independent experts and monitoring groups have attributed to
            government interference.
                ``(38) Thousands of employees at Belarusian state-owned
            enterprises, who have been seen as Alyaksandr Lukashenka's
            traditional base during his 26-year rule, went on strike across
            the country to protest Lukashenka's illegitimate election and
            the subsequent crackdowns, including at some of Belarus's
            largest factories such as the BelAZ truck plant, the Minsk
            Tractor Works, and the Minsk Automobile Plant.
                ``(39) After the employees of state media outlets walked
            off the job in protest rather than help report misleading
            government propaganda, Lukashenka confirmed that he `asked the
            Russians' to send teams of Russian journalists to replace local
            employees.
                ``(40) On August 19, 2020, European Council President
            Charles Michel announced that the European Union would impose
            sanctions on a substantial number of individuals responsible
            for violence, repression, and election fraud in Belarus.
                ``(41) On October 2, 2020, the Department of Treasury
            announced new sanctions under Executive Order 13405 on eight
            individuals `for their roles in the fraudulent August 9, 2020
            Belarus presidential election or the subsequent violent
            crackdown on peaceful protesters'.
                ``(42) Similar sanctions have also been applied to
            Belarusian human rights violators by the Government of Canada
            and the Government of the United Kingdom.
                ``(43) Against the will of the majority of the Belarusian
            people--
                        ``(A) Alyaksandr Lukashenka appealed to Russian
                    President Vladimir Putin to provide security assistance
                    to his government, if requested; and
                        ``(B) President Putin has agreed to prop up the
                    Alyaksandr Lukashenka regime by--
                                ``(i) confirming that a Russian police
                            force was ready to be deployed if `the
                            situation gets out of control';
                                ``(ii) providing significant financial
                            support; and
                                ``(iii) sending Russian propagandists to
                            help disseminate pro-regime propaganda on
                            Belarus state television.
                ``(44) The Governments of the United States, the European
            Union, the United Kingdom, and Canada have--
                        ``(A) condemned the violent crackdown on peaceful
                    protestors;
                        ``(B) refused to accept the results of the
                    fraudulent election; and
                        ``(C) called for new free and fair elections under
                    independent observation.''.

    SEC. 323. STATEMENT OF POLICY.

        Section 3 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:

    ``SEC. 3. STATEMENT OF POLICY.

        ``It is the policy of the United States--
                ``(1) to condemn--
                        ``(A) the conduct of the August 9, 2020,
                    presidential election in Belarus, which was neither
                    free nor fair;
                        ``(B) the Belarusian authorities' unrelenting
                    crackdown on, arbitrary arrests of, and violence
                    against opposition candidates, peaceful protestors,
                    human rights activists, employees from state-owned
                    enterprises participating in strikes, independent
                    election observers, and independent journalists and
                    bloggers; and
                        ``(C) the unjustified detention and forced or
                    attempted expulsion of members of the Coordination
                    Council in Belarus;
                ``(2) to continue demanding the immediate release without
            preconditions of all political prisoners in Belarus and those
            arrested for peacefully protesting, including all those
            individuals detained in connection with the August 9, 2020,
            presidential election;
                ``(3) to stand in solidarity with the people of Belarus,
            including human rights defenders, bloggers, and journalists,
            who are exercising their right to freedom of assembly, freedom
            of expression, and rule of law and to continue supporting the
            aspirations of the people of Belarus for democracy, human
            rights, and the rule of law;
                ``(4) to continue actively supporting the aspirations of
            the people of the Republic of Belarus--
                        ``(A) to preserve the independence and sovereignty
                    of their country; and
                        ``(B) to freely exercise their religion, including
                    the head of the Catholic Church in Belarus, Archbishop
                    Tadeusz Kondrusiewicz, who was barred from entering the
                    country after criticizing Belarusian authorities;
                ``(5) to recognize the leading role of women in the
            peaceful protests and pro-democracy movement in Belarus;
                ``(6) to continue--
                        ``(A) rejecting the invalid results of the
                    fraudulent August 9, 2020 presidential election in
                    Belarus announced by the Central Election Commission of
                    the Republic of Belarus; and
                        ``(B) supporting calls for new presidential and
                    parliamentary elections, conducted in a manner that is
                    free and fair according to OSCE standards and under the
                    supervision of OSCE observers and independent domestic
                    observers;
                ``(7) to refuse to recognize Alyaksandr Lukashenka as the
            legitimately elected leader of Belarus;
                ``(8) to not recognize any incorporation of Belarus into a
            `Union State' with Russia, since this so-called `Union State'
            would be both an attempt to absorb Belarus and a step to
            reconstituting the totalitarian Soviet Union;
                ``(9) to continue calling for the fulfillment by the
            Government of Belarus of Belarus's freely undertaken
            obligations as an OSCE participating state and as a signatory
            of the Charter of the United Nations;
                ``(10) to support an OSCE role in mediating a dialogue
            within Belarus between the government and genuine
            representatives of Belarusian society;
                ``(11) to recognize the Coordination Council as a
            legitimate institution to participate in a dialogue on a
            peaceful transition of power;
                ``(12) to applaud the commitment by foreign diplomats in
            Minsk to engage with Coordination Council member and Nobel
            Laureate, Svetlana Alexievich, and to encourage an ongoing
            dialogue with her and with other leaders of the democratically-
            oriented political opposition in Belarus;
                ``(13) to urge an expanded United States diplomatic
            presence in Belarus to advocate for the aspirations of the
            people of Belarus for democracy, human rights, and the rule of
            law;
                ``(14) to encourage the United States Government--
                        ``(A) to continue working closely with the European
                    Union, the United Kingdom, Canada, and other countries
                    and international organizations to promote the
                    principles of democracy, the rule of law, and human
                    rights in Belarus; and
                        ``(B) to impose targeted sanctions, in coordination
                    with the European Union and other international
                    partners, against officials in Belarus who are
                    responsible for--
                                ``(i) undermining democratic processes in
                            Belarus; or
                                ``(ii) participating in human rights abuses
                            related to political repression in Belarus;
                ``(15) to call on the Government of Belarus to uphold its
            human rights obligations, including those rights enumerated in
            the International Covenant on Civil and Political Rights; and
                ``(16) to support--
                        ``(A) the continued territorial integrity of
                    Belarus; and
                        ``(B) the right of the Belarusian people to
                    determine their future.''.

    SEC. 324. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, AND
                  SOVEREIGNTY IN BELARUS.

        Section 4 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended--
                (1) by amending the section heading to read as follows:
            ``assistance to promote democracy, civil society, and
            sovereignty in belarus.'';
                (2) in subsection (a)--
                        (A) in paragraph (1), by striking ``European'' and
                    inserting ``Trans-Atlantic''; and
                        (B) by redesignating paragraphs (2) and (3) as
                    paragraphs (3) and (4), respectively; and
                        (C) by inserting after paragraph (1) the following:
                ``(2) To assist the people of Belarus in building the
            sovereignty and independence of their country.'';
                (3) in subsection (b)--
                        (A) by inserting ``and Belarusian groups outside of
                    Belarus'' after ``indigenous Belarusian groups''; and
                        (B) by inserting ``and Belarusian sovereignty''
                    before the period at the end;
                (4) in subsection (c)--
                        (A) by striking paragraph (8);
                        (B) by redesignating paragraphs (3) through (7) as
                    paragraphs (4) through (8), respectively;
                        (C) by inserting after paragraph (2) the following:
                ``(3) countering internet censorship and repressive
            surveillance technology that seek to limit free association,
            control access to information, and prevent citizens from
            exercising their rights to free speech;'';
                        (D) in paragraph (8), as redesignated, by striking
                    ``and'' at the end; and
                        (E) by adding at the end the following:
                ``(9) supporting the work of women advocating freedom,
            human rights, and human progress;
                ``(10) supporting the development of Belarusian language
            education;
                ``(11) enhancing the development of the private sector,
            particularly the information technology sector, and its role in
            the economy of Belarus, including by increasing the capacity of
            private sector actors, developing business support
            organizations, offering entrepreneurship training, and
            expanding access to finance for small and medium enterprises;
                ``(12) supporting political refugees in neighboring
            European countries fleeing the crackdown in Belarus;
                ``(13) supporting the gathering of evidence on and
            investigating of the human rights abuses in Belarus;
                ``(14) supporting the public health response, including
            filling the information void, in Belarus during the COVID-19
            pandemic; and
                ``(15) other activities consistent with the purposes of
            this Act.'';
                (5) by redesignating subsection (d) as subsection (g);
                (6) by inserting after subsection (c) the following:
        ``(d) Sense of Congress.--It is the sense of Congress that, in
    light of the political crisis in Belarus and the unprecedented
    mobilization of the Belarusian people, United States foreign assistance
    to Belarusian civil society should be reevaluated and increased--
                ``(1) to carry out the purposes described in subsection
            (a); and
                ``(2) to include the activities described in subsection
            (c).
        ``(e) Coordination With European Partners.--In order to maximize
    impact, eliminate duplication, and further the achievement of the
    purposes described in subsection (a), the Secretary of State shall
    ensure coordination with the European Union and its institutions, the
    governments of countries that are members of the European Union, the
    United Kingdom, and Canada.
        ``(f) Report on Assistance.--Not later than 1 year after the date
    of the enactment of the Belarus Democracy, Human Rights, and
    Sovereignty Act of 2020, the Secretary of State, acting through the
    Office of the Coordinator of U.S. Assistance to Europe and Eurasia, and
    in coordination with the Administrator of the United States Agency for
    International Development, shall submit a report to the appropriate
    congressional committees describing the programs and activities carried
    out to achieve the purposes described in subsection (a), including an
    assessment of whether or not progress was made in achieving those
    purposes.''; and
                (7) in subsection (g), as redesignated--
                        (A) in the subsection heading, by striking
                    ``Authorization of Appropriations'' and all that
                    follows through ``There are'' and inserting
                    ``Authorization of Appropriations.--There are'';
                        (B) by striking ``fiscal years 2007 and 2008'' and
                    inserting ``fiscal years 2021 and 2022''; and
                        (C) by striking paragraph (2).

    SEC. 325. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS TO
                  INFORMATION IN BELARUS.

        Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:

    ``SEC. 5. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS TO
                  INFORMATION IN BELARUS.

        ``(a) Sense of Congress.--It is the sense of Congress that--
                ``(1) the President should support and reallocate resources
            to radio, television, and internet broadcasting conducted by
            Radio Free Europe/Radio Liberty in languages spoken in Belarus;
                ``(2) the United States should also support other
            independent media providing objective information to the
            Belarusian people, particularly in the Belarusian language;
                ``(3) the President should provide the United States Agency
            for Global Media with a surge capacity (as such term is defined
            in section 316 of the United States International Broadcasting
            Act (22 U.S.C. 6216)) for programs and activities in Belarus;
                ``(4) the Chief Executive Officer of the United States
            Agency for Global Media, working through the Open Technology
            Fund and in coordination with the Secretary of State, should
            expand and prioritize efforts to provide anti-censorship
            technology and services to journalists and civil society in
            Belarus in order to enhance their ability to safely access or
            share digital news and information without fear of
            repercussions or surveillance; and
                ``(5) the United States should continue to condemn the
            Belarusian authorities' crackdown on independent media,
            including the harassment and mass detentions of independent and
            foreign journalists and the denial of accreditation.
        ``(b) Strategy To Promote Expanded Broadcasting, Internet Freedom,
    and Access to Information in Belarus.--
                ``(1) In general.--Not later than 120 days after the date
            of the enactment of the Belarus Democracy, Human Rights, and
            Sovereignty Act of 2020, the Chief Executive Officer of the
            United States Agency for Global Media and the Secretary of
            State shall jointly submit to the appropriate congressional
            committees a comprehensive strategy, including a cost estimate,
            to carry out the following:
                        ``(A) Expand independent radio, television, live
                    stream, and social network broadcasting and
                    communications in Belarus to provide news and
                    information, particularly in the Belarusian language,
                    that is credible, comprehensive, and accurate.
                        ``(B) Support the development and use of anti-
                    censorship and circumvention technologies by the Open
                    Technology Fund and the Bureau of Democracy Human
                    Rights and Labor that enable the citizens of Belarus to
                    communicate securely and undertake internet activities
                    without interference from the Government of Belarus.
                        ``(C) Assist efforts to overcome attempts by the
                    Government of Belarus to disrupt internet access and
                    block content online.
                        ``(D) Monitor the cooperation of the Government of
                    Belarus with any foreign government or organization for
                    purposes related to the censorship or surveillance of
                    the internet, including an assessment of any such
                    cooperation in the preceding ten years.
                        ``(E) Monitor the purchase or receipt by the
                    Government of Belarus of any technology or training
                    from any foreign government or organization for
                    purposes related to the censorship or surveillance of
                    the internet, including an assessment of any such
                    purchase or receipt in the preceding ten years.
                        ``(F) Assist with the protection of journalists who
                    have been targeted for free speech activities,
                    including through the denial of accreditation.
                        ``(G) Provide cyber-attack mitigation services to
                    civil society organizations in Belarus.
                        ``(H) Provide resources for educational materials
                    and training on digital literacy, bypassing internet
                    censorship, digital safety, and investigative and
                    analytical journalism for independent journalists
                    working in Belarus.
                        ``(I) Build the capacity of civil society, media,
                    and other nongovernmental and organizations to
                    identify, track, and counter disinformation, including
                    from proxies of the Government of Russia working at
                    Belarusian state television.
                ``(2) Form.--The report required under paragraph (1) shall
            be transmitted in unclassified form, but may contain a
            classified annex.''.

    SEC. 326. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

        Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended--
                (1) in subsection (b)--
                        (A) by striking ``December 19, 2010'' each place it
                    appears and inserting ``August 9, 2020'';
                        (B) in paragraph (2), by inserting ``, peaceful
                    protesters,'' after ``all opposition activists'';
                        (C) by striking paragraphs (3) and (6); and
                        (D) by redesignating paragraphs (4), (5), and (7)
                    as paragraphs (3), (4), and (5), respectively;
                (2) in subsection (c)--
                        (A) in the subsection heading, by inserting ``and
                    Russian Individuals Complicit in the Crackdown That
                    Occurred After the August 9, 2020, Election'' after
                    ``Belarus'';
                        (B) by redesignating paragraphs (4) and (5) as
                    paragraphs (5) and (6), respectively;
                        (C) by inserting after paragraph (3) the following:
                ``(4) is a member of the Central Election Commission of
            Belarus or assisted the Commission in manipulating the
            presidential election of August 9, 2020;'';
                        (D) in paragraph (5), as redesignated, to read as
                    follows:
                ``(5) is a member of any branch of the security or law
            enforcement services of Belarus, including the KGB, Interior
            Ministry, and OMON special police unit, and is responsible for,
            or complicit in, ordering, controlling, materially assisting,
            sponsoring, or providing financial, material, or technological
            support for, or otherwise directing, the crackdown on
            opposition leaders, journalists, and peaceful protestors that
            occurred in connection with the presidential election of August
            9, 2020; or''; and
                        (E) by adding at the end the following:
                ``(7) is a government official, including at the
            Information Ministry, responsible for the crackdown on
            independent media, including revoking the accreditation of
            journalists, disrupting internet access, and restricting online
            content;
                ``(8) is an official in the so-called `Union State' between
            Russia and Belarus (regardless of nationality of the
            individual); or
                ``(9) is a Russian individual that has significantly
            participated in the crackdown on independent press or human
            rights abuses related to political repression in Belarus,
            including the Russian propagandists sent to replace local
            employees at Belarusian state media outlets.'';
                (3) in subsection (d)(1), by striking ``the Overseas
            Private Investment Corporation'' and inserting ``the United
            States International Development Finance Corporation'';
                (4) in subsection (e), by striking ``(including any
            technical assistance or grant) of any kind''; and
                (5) in subsection (f)--
                        (A) in paragraph (1)(A), by striking ``or by any
                    member or family member closely linked to any member of
                    the senior leadership of the Government of Belarus''
                    and inserting ``or by the senior leadership of the
                    Government of Belarus or by any member or family member
                    closely linked to the senior leadership of the
                    Government of Belarus, or an official of the so-called
                    `Union State' with Russia''; and
                        (B) in paragraph (2)--
                                (i) in subparagraph (A), by adding at the
                            end before the semicolon the following: ``, or
                            an official of the so-called `Union State' with
                            Russia''; and
                                (ii) in subparagraph (B), by inserting ``,
                            or the so-called `Union State' with Russia,''
                            after ``the Government of Belarus''.

    SEC. 327. MULTILATERAL COOPERATION.

        Section 7 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:

    ``SEC. 7. MULTILATERAL COOPERATION.

        ``It is the sense of Congress that the President should continue to
    coordinate with the European Union and its institutions, European Union
    member states, the United Kingdom, and Canada to develop a
    comprehensive, multilateral strategy--
                ``(1) to further the purposes of this Act, including, as
            appropriate, encouraging other countries to take measures with
            respect to the Republic of Belarus that are similar to measures
            described in this Act; and
                ``(2) to deter the Government of the Russian Federation
            from undermining democratic processes and institutions in
            Belarus or threatening the independence, sovereignty, and
            territorial integrity of Belarus.''.

    SEC. 328. REPORTS.

        Section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:

    ``SEC. 8. REPORTS.

        ``(a) Report on Threat to Sovereignty and Independence of
    Belarus.--
                ``(1) In general.--Not later than 120 days after the date
            of the enactment of the Belarus Democracy, Human Rights, and
            Sovereignty Act of 2020, the Secretary of State, in
            coordination with the Director of National Intelligence and the
            Secretary of the Treasury, shall transmit to the appropriate
            congressional committees a report describing the threat that
            the Government of Russia poses to the sovereignty and
            independence of Belarus.
                ``(2) Matters to be included.--The report required under
            paragraph (1) shall include--
                        ``(A) an assessment of how the Government of Russia
                    is exploiting the current political crisis in Belarus
                    to push for deeper political and economic control of or
                    integration with Belarus;
                        ``(B) a description of the economic and energy
                    assets in Belarus that the Government of Russia,
                    including Russian state-owned or state-controlled
                    companies, controls;
                        ``(C) a description of Belarus major enterprises
                    that are vulnerable of being taken over by Russian
                    entities amid the country's worsening financial crisis;
                        ``(D) a description of how and to what ends the
                    Government of Russia seeks to augment its military
                    presence in Belarus;
                        ``(E) a description of Russian influence over the
                    media and information space in Belarus and how the
                    Government of Russia uses disinformation and other
                    malign techniques to undermine Belarusian history,
                    culture, and language;
                        ``(F) a description of other actors in Belarus that
                    the Government of Russia uses to advance its malign
                    influence, including veterans' organizations and
                    extrajudicial networks;
                        ``(G) a description of efforts to undermine
                    Belarusian language, cultural, and national symbols,
                    including the traditional red and white flag and the
                    `Pahonia' mounted knight; and
                        ``(H) the identification of Russian individuals and
                    government agencies that are significantly supporting
                    or involved in the crackdown on peaceful protestors and
                    the opposition or the repression of independent media
                    following the August 9, 2020, presidential election.
                ``(3) Form.--The report required under this subsection
            shall be transmitted in unclassified form, but may contain a
            classified annex.
        ``(b) Report on Personal Assets of Alyaksandr Lukashenka.--
                ``(1) In general.--Not later than 90 days after the date of
            the enactment of the Belarus Democracy, Human Rights, and
            Sovereignty Act of 2020, the Director of National Intelligence,
            in consultation with the Secretary of the Treasury and the
            Secretary of State, shall submit to the appropriate
            congressional committees a report describing--
                        ``(A) the total assets under the direct or indirect
                    control of Alyaksandr Lukashenka, including estimated
                    assets and known sources of income of Alyaksandr
                    Lukashenka and his immediate family members, including
                    assets, investments, bank accounts, and other business
                    interests; and
                        ``(B) an identification of the most significant
                    senior foreign political figures in Belarus, as
                    determined by their closeness to Alyaksandr Lukashenka.
                ``(2) Waiver.--The Director of National Intelligence may
            waive, in whole or in part, the reporting requirement under
            paragraph (1)(A) if the Director submits to the appropriate
            congressional committees--
                        ``(A) a written justification stating that the
                    waiver is in the national interest of the United
                    States; and
                        ``(B) a detailed explanation of the reasons
                    therefor.
                ``(3) Form.--The report required under this subsection
            shall be transmitted in unclassified form, but may contain a
            classified annex.''.

    SEC. 329. DEFINITIONS.

        Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended--
                (1) by amending paragraph (1) to read as follows:
                ``(1) Appropriate congressional committees.--The term
            `appropriate congressional committees' means--
                        ``(A) the Committee on Foreign Relations of the
                    Senate;
                        ``(B) the Committee on Banking, Housing, and Urban
                    Affairs of the Senate;
                        ``(C) the Committee on Appropriations of the
                    Senate;
                        ``(D) the Committee on Foreign Affairs of the House
                    of Representatives;
                        ``(E) the Committee on Financial Services of the
                    House of Representatives; and
                        ``(F) the Committee on Appropriations of the House
                    of Representatives.''; and
                (2) in paragraph (3)(B)--
                        (A) in clause (i), by inserting ``members of the
                    security and intelligence services,'' after
                    ``prosecutors,''; and
                        (B) in clause (ii), by inserting ``, electoral
                    fraud, online censorship, or restrictions on
                    independent media and journalists'' after ``public
                    corruption''.

    SEC. 330. DETERMINATION OF BUDGETARY EFFECTS.

        The budgetary effects of this subtitle, for the purpose of
    complying with the Statutory Pay-As-You-Go Act of 2010, shall be
    determined by reference to the latest statement titled ``Budgetary
    Effects of PAYGO Legislation'' for this subtitle, submitted for
    printing in the Congressional Record by the Chairman of the House
    Budget Committee, provided that such statement has been submitted prior
    to the vote on passage.

           Subtitle D--Gandhi-King Scholarly Exchange Initiative Act

    SEC. 331. SHORT TITLE.

        This subtitle may be cited as the ``Gandhi-King Scholarly Exchange
    Initiative Act''.

    SEC. 332. FINDINGS.

        Congress makes the following findings:
                (1) The peoples of the United States and India have a long
            history of friendship and the interests of the peoples of the
            United States, India, and the world will benefit from a
            stronger United States-India partnership.
                (2) Mohandas Karamchand Gandhi and Martin Luther King, Jr.,
            were dedicated leaders fighting for social justice and social
            change, peace, and civil rights in their respective
            communities, and countries and in the world.
                (3) The use of nonviolent civil disobedience is a shared
            tactic that has played a key role in defeating social injustice
            in India, the United States, and in other parts of the world.
                (4) Mohandas Gandhi, who was born on October 2, 1869, was
            murdered on January 30, 1948, after dedicating his life to the
            peaceful empowerment of the people of India and to the end of
            British colonial rule.
                (5) Martin Luther King, Jr., who was born on January 15,
            1929, was murdered on April 4, 1968, after a life dedicated to
            peaceful movements against segregation, discrimination, racial
            injustice, and poverty.
                (6) In February 1959, Dr. King and his wife, Coretta Scott
            King, traveled throughout India. By the end of his monthlong
            visit, Dr. King said, ``I am more convinced than ever before
            that the method of nonviolent resistance is the most potent
            weapon available to oppressed people in their struggle for
            justice and human dignity.''.
                (7) Fifty years after Dr. King's visit, All India Radio,
            the national radio station of India, discovered a taped message
            by Dr. King that emphasized the intellectual harmony between
            the messages of Dr. King and Mohandas Gandhi on nonviolent
            social action.
                (8) On August 22, 2011, the Dr. Martin Luther King, Jr.,
            National Memorial opened to the public in Washington, DC. This
            newest memorial on the National Mall pays tribute to Dr. King's
            national and international contributions to world peace through
            nonviolent social change.
                (9) The 116th Congress coincides with both the 150th birth
            anniversary of Mohandas Gandhi and the 90th birth anniversary
            of Dr. Martin Luther King, Jr.
                (10) Mohandas Gandhi, who employed the principle of
            satyagraha, or ``fighting with peace'', has come to represent
            the moral force inspiring many civil and social rights movement
            around the world.
                (11) Dr. King's effective use of Gandhi's principles was
            instrumental to the American civil rights movement.
                (12) There is a long history of civil and social rights
            movements in the United States and in India. As the
            relationship between the United States and India evolves, a
            binational foundation through which the governments of each
            country can work together and catalyze private investment
            toward development objectives would provide an ongoing,
            productive institution and symbol of the friendship and common
            ideals of the respective governments and their peoples.
                (13) There is a global goal of ending tuberculosis by 2030,
            the United States and India seek a TB-Free India by 2025, and
            the United States-India Gandhi-King Development Foundation, as
            described in this subtitle, could help address gaps across the
            TB value chain in prevention, detection, diagnosis, and
            treatment, and catalyze market-based strategies to bridge the
            service gap for the ``last mile''.
                (14) Leaders in both countries have prioritized the United
            States-India relationship and continue to support a
            strengthened United States-India partnership, recognizing that
            it will be one of the defining partnerships of the 21st
            century.

    SEC. 333. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE.

        (a) In General.--In order to further the shared ideals and values
    of Mohandas Gandhi and Martin Luther King, Jr, the Secretary of State
    should establish, in cooperation with the appropriate representatives
    of the Government of India, a professional exchange program known as
    the ``Gandhi-King Scholarly Exchange Initiative''. The initiative
    should be comprised of the following:
                (1) An annual educational forum for scholars from the
            United States and India that focuses on the social justice and
            human and civil rights legacies of Mohandas Gandhi and Martin
            Luther King, Jr., which should--
                        (A) be held alternately in the United States and in
                    India;
                        (B) include representatives from governments,
                    nongovernmental organizations, civic organizations, and
                    educational, cultural, women's, civil, and human rights
                    groups, including religious and ethnic minorities and
                    marginalized communities; and
                        (C) focus on studying the works of Gandhi and King,
                    and applying their philosophies of nonviolent
                    resistance to addressing current issues, including
                    poverty alleviation, conflict mitigation, human and
                    civil rights challenges, refugee crises, and threats to
                    democracy and democratic norms in countries around the
                    world.
                (2) An undergraduate, graduate, and post-graduate student
            exchange for students in the United States and India to--
                        (A) study the history and legacies of Martin Luther
                    King, Jr., and Mohandas Gandhi; and
                        (B) research, develop, and recommend best practices
                    relating to peace, nonviolence, and reconciliation in
                    current conflict regions.
        (b) Sunset.--The authorities provided under this section shall
    terminate on the date that is five years after the date of enactment of
    this Act.

    SEC. 334. GANDHI-KING GLOBAL ACADEMY.

        (a) In General.--The president and chief executive officer of the
    United States Institute of Peace should create a professional
    development training initiative on conflict resolution tools based on
    the principles of nonviolence. Such training initiative shall be known
    as the Gandhi-King Global Academy and should--
                (1) include representatives from governments,
            nongovernmental organizations, civic organizations, and
            educational, cultural, women's, civil, and human rights groups,
            including religious and ethnic minorities and marginalized
            communities in countries with ongoing political, social,
            ethnic, or violent conflict;
                (2) include a specific focus on the success of nonviolent
            movements, inclusion, and representation in conflict
            resolution;
                (3) develop a curriculum on conflict resolution tools based
            on the principles of nonviolence; and
                (4) make the curriculum publicly available online, in
            person, and through a variety of media.
        (b) Prohibition.--The United States Institute of Peace may not, in
    the course of any activity authorized by subsection (a), enter into any
    contract with an outside entity to conduct advocacy on its behalf.
        (c) Sunset.--The authorities provided under this section shall
    terminate on the date that is five years after the date of enactment of
    this Act.

    SEC. 335. ESTABLISHMENT OF THE UNITED STATES-INDIA GANDHI-KING
                  DEVELOPMENT FOUNDATION.

        (a) Establishment.--The Administrator of the United States Agency
    for International Development (USAID), with the concurrence of the
    Secretary of State and in coordination with appropriate counterparts in
    the Government of India, is authorized to establish, on such terms and
    conditions as are determined necessary, one or more legal entities to
    compose the United States-India Gandhi-King Development Foundation (in
    this section referred to as the ``Foundation''). Each such legal entity
    within the Foundation shall be organized under the laws of India and
    shall not be considered to be an agency or establishment of the United
    States Government and shall not have the full faith and credit of the
    United States.
        (b) Functions.--The Foundation, through one or more entities
    referred to in subsection (a)--
                (1) shall identify development priorities and administer
            and oversee competitively-awarded grants to private
            nongovernmental entities to address such priorities in India,
            including--
                        (A) health initiatives addressing tuberculosis
                    (TB), water, sanitation, and health (WASH), and
                    pollution and related health impacts (PHI);
                        (B) pollution, plastic waste reduction, and
                    climate-related shocks;
                        (C) education; and
                        (D) empowerment of women;
                (2) should provide credible platforms and models, including
            returnable capital to attract and blend public and private
            capital, which can then be deployed efficiently and effectively
            to address the priorities identified in paragraph (1).
        (c) Additionality.--
                (1) In general.--Before an entity within the Foundation
            makes a grant under subsection (b)(1) to address a priority
            identified under such subsection, the Foundation shall ensure
            that private sector entities are afforded an opportunity to
            support the projects funded by such grants.
                (2) Safeguards, policies, and guidelines.--The Foundation
            shall develop appropriate safeguards, policies, and guidelines
            to ensure that grants made under subsection (b)(1) operate
            according to internationally recognized best practices and
            standards, including for transparency and accountability.
        (d) Limitations.--No party receiving a grant made under subsection
    (b)(1) may receive such grant in an amount that is more than five
    percent of amounts appropriated or otherwise made available under
    section 337(a)(3) to the entity in the Foundation making such grant.
        (e) Governing Council.--
                (1) Purpose.--The Government of the United States and the
            Government of India shall convene a Governing Council to
            provide guidance and direction to the Foundation.
                (2) Appointment of members.--The Administrator of the
            United States Agency for International Development, with the
            concurrence of the Secretary of State, shall appoint a majority
            of the Governing Council of the Foundation for a period of five
            years following the establishment of the Foundation.
                (3) Charter.--The Governing Council of the Foundation shall
            adopt a charter for the operation of the Foundation, which
            shall include provisions to--
                        (A) identify development priorities or a process to
                    identify development priorities;
                        (B) define criteria for application, merit review,
                    and transparent, competitive awarding of grants by the
                    Foundation;
                        (C) establish an annual organization-wide audit by
                    an independent auditor in accordance with generally
                    accepted auditing standards, the results of which shall
                    be made immediately available to the Board, the
                    Administrator of the United States Agency for
                    International Development, and the appropriate
                    Government of India counterpart;
                        (D) assist in the creation of project specific
                    timetables for each of the projects funded by a grant
                    from the Foundation;
                        (E) establish an oversight role and march-in audit
                    rights for the Administrator of the United States
                    Agency for International Development and the
                    appropriate Government of India counterpart; and
                        (F) establish an annual report on the activities of
                    the Foundation to be made publicly available.
        (f) Publicly Available Project Information.--The Foundation shall
    maintain a user-friendly, publicly available, machine readable database
    with detailed project level information, as appropriate, including a
    description of the grants made by the Foundation under this section and
    project level performance metrics.
        (g) Detail of United States Government Personnel to the
    Foundation.--
                (1) In general.--Whenever the Administrator of the United
            States Agency for International Development or the Secretary of
            State determines it to be in furtherance of the purposes of
            this subtitle, the Administrator and the Secretary are
            authorized to detail or assign any officer or employee of the
            Agency or the Department, respectively, to any position in the
            Foundation to provide technical, scientific, or professional
            assistance to the Foundation or, in cooperation with the
            Foundation, to implementing partners of the Foundation, without
            reimbursement to the United States Government.
                (2) Status.--Any United States Government officer or
            employee, while detailed or assigned under this subsection,
            shall be considered, for the purpose of preserving their
            allowances, privileges, rights, seniority, and other benefits
            as such, an officer or employee of the United States Government
            and of the agency of the United States Government from which
            detailed or assigned, and shall continue to receive
            compensation, allowances, and benefits from program funds
            appropriated to that agency or made available to that agency
            for purposes related to the activities of the detail or
            assignment, in accordance with authorities related to their
            employment status and agency policies.
                (3) Sunset.--The authorities provided under this subsection
            shall terminate on the date that is five years after the
            establishment of the Foundation.

    SEC. 336. REPORTING REQUIREMENTS.

        (a) Initial Reports.--Not later than 120 days after the date of the
    enactment of this Act--
                (1) the Secretary of State shall submit to the Committee on
            Foreign Affairs and the Committee on Appropriations of the
            House of Representatives and the Committee on Foreign Relations
            and the Committee on Appropriations of the Senate a report on
            the Secretary of State's plan to establish the initiative
            authorized under section 333;
                (2) the president and chief executive officer of the United
            States Institute of Peace shall submit to the Committee on
            Foreign Affairs and the Committee on Appropriations of the
            House of Representatives and the Committee on Foreign Relations
            and the Committee on Appropriations of the Senate a report on
            the president and chief executive officer's plan to establish
            the initiative authorized under section 334; and
                (3) the Administrator of the United States Agency for
            International Development shall submit to the Committee on
            Foreign Affairs and the Committee on Appropriations of the
            House of Representatives and the Committee on Foreign Relations
            and the Committee on Appropriations of the Senate a report on
            the Administrator's plan to establish the organization
            authorized under section 335.
        (b) Periodic Updates.--The Secretary of State, president and chief
    executive officer of the United States Institute of Peace, and
    Administrator of the United States Agency for International Development
    shall submit to the committees described in subsection (a)(3) an update
    on a semiannual basis regarding the progress in implementing each of
    the initiatives or establishing the organization referred to in such
    subsection.

    SEC. 337. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There is authorized to be appropriated to carry
    out--
                (1) section 333, up to $1,000,000 for each of fiscal years
            2021 through 2025 to the Secretary of State
                (2) section 334, up to $2,000,000 for fiscal year 2021 to
            the United States Institute of Peace;
                (3) section 335, up to $30,000,000 for fiscal year 2021 to
            the Administrator of the United States Agency for International
            Development; and
                (4) section 335, up to an additional $15,000,000 for each
            of fiscal years 2022 through 2025 to the Administrator of the
            United States Agency for International Development, if the
            private sector in India commits amounts equal to that
            contributed by the United States.
        (b) Sense of Congress on Foreign Assistance Funds.--It is the sense
    of Congress that the authorization of appropriations under subsection
    (a) should be renewable for one or more periods of not more than 5
    years if--
                (1) authorized by Congress; and
                (2) the Secretary of State, in consultation with the
            Administrator of the United States Agency for International
            Development, determines that the Foundation's work is
            successful in addressing the priorities identified in section
            335(b)(1) and that the private sector in India has committed
            funds to the Foundation in accordance with subsection (a)(4).

               Subtitle E--Tibetan Policy and Support Act of 2020

    SEC. 341. MODIFICATIONS TO AND REAUTHORIZATION OF TIBETAN POLICY ACT OF
                  2020.

        (a) Tibetan Negotiations.--Section 613 of the Tibetan Policy Act of
    2002 (22 U.S.C. 6901 note) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                                (i) by inserting ``without preconditions''
                            after ``a dialogue'';
                                (ii) by inserting ``or democratically-
                            elected leaders of the Tibetan community''
                            after ``his representatives''; and
                                (iii) by inserting before the period at the
                            end the following: ``and should coordinate with
                            other governments in multilateral efforts
                            toward this goal'';
                        (B) by redesignating paragraph (2) as paragraph
                    (3); and
                        (C) by inserting after paragraph (1) the following
                    new paragraph:
                ``(2) Policy communication.--The Secretary of State shall
            ensure that, in accordance with this Act, United States policy
            on Tibet, as coordinated by the United States Special
            Coordinator for Tibetan Issues, is communicated to all Federal
            departments and agencies in contact with the Government of the
            People's Republic of China.'';
                (2) in subsection (b)--
                        (A) in the matter preceding paragraph (1)--
                                (i) by striking ``until December 31, 2021''
                            and inserting ``until December 31, 2031''; and
                                (ii) by inserting ``and direct the
                            Department of State to make public on its
                            website'' after ``appropriate congressional
                            committees'';
                        (B) in paragraph (1), by striking ``; and'' and
                    inserting a semicolon;
                        (C) in paragraph (2), by striking the period at the
                    end and inserting ``; and'' ; and
                        (D) by adding at the end the following new
                    paragraph:
                ``(3) the steps taken by the United States Government to
            promote the human rights and distinct religious, cultural,
            linguistic, and historical identity of the Tibetan people,
            including the right of the Tibetan people to select, educate,
            and venerate their own religious leaders in accordance with
            their established religious practice and system.''.
        (b) Tibet Project Principles.--Section 616 of such Act (22 U.S.C.
    6901 note) is amended--
                (1) in subsection (d)--
                        (A) in paragraph (5), by inserting ``human
                    rights,'' after ``respect Tibetan'';
                        (B) in paragraph (8), by striking ``; and'' and
                    inserting a semicolon;
                        (C) in paragraph (9)--
                                (i) by inserting ``involuntary or coerced''
                            after ``nor facilitate the''; and
                                (ii) by striking the period at the end and
                            inserting ``; and''; and
                        (D) by adding at the end the following new
                    paragraph:
                ``(10) neither provide incentive for, nor facilitate the
            involuntary or coerced relocation of, Tibetan nomads from their
            traditional pasturelands into concentrated settlements.'';
                (2) by adding at the end the following new subsections:
        ``(e) United States Assistance.--
                ``(1) In general.--The President is authorized to provide
            assistance to nongovernmental organizations to support
            inclusive economic growth, resilience, global health,
            education, environmental stewardship, and cultural and
            historical preservation for Tibetan communities in Tibet, in
            accordance with the principles specified in subsection (d).
                ``(2) Coordination.--Assistance authorized under paragraph
            (1) shall be carried out in coordination with the United States
            Special Coordinator for Tibetan Issues in accordance with
            section 621(d).
        ``(f) Private Sector Investment.--The Secretary of State, in
    coordination with the Secretary of Commerce, should--
                ``(1) encourage United States businesses and individuals
            that are engaged in commerce or investing in enterprises in
            Tibet to be guided by the principles specified in subsection
            (d) and the United Nations Guiding Principles on Business and
            Human Rights; and
                ``(2) hold regular consultations with businesses and
            individuals that are engaged in commerce or are investing in
            enterprises in Tibet about the principles referenced in
            paragraph (1) and the business practices of such businesses and
            individuals in Tibet.''.
        (c) Diplomatic Representation Relating to Tibet.--Section 618 of
    such Act (22 U.S.C. 6901 note) is amended to read as follows:

    ``SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO TIBET.

        ``(a) United States Consulate in Lhasa, Tibet.--The Secretary
    should seek to establish a United States consulate in Lhasa, Tibet--
                ``(1) to provide consular services to United States
            citizens traveling in Tibet; and
                ``(2) to monitor political, economic, and cultural
            developments in Tibet.
        ``(b) Policy.--The Secretary may not authorize the establishment in
    the United States of any additional consulate of the People's Republic
    of China until such time as a United States consulate in Lhasa, Tibet,
    is established under subsection (a).
        ``(c) Waiver.--The Secretary may waive the requirement under
    subsection (b), notwithstanding the lack of a United States consulate
    in Lhasa, not less than 30 days after the Secretary determines and
    reports to the appropriate congressional committees that it is in the
    national security interests of the United States to waive such
    requirements and submits to the appropriate congressional committees a
    report including--
                ``(1) a specific and detailed rationale for the
            determination that the waiver is in the national security
            interests of the United States; and
                ``(2) a description of the efforts by the Department of
            State to seek the establishment of a United States consulate in
            Lhasa.''.
        (d) Religious Persecution in Tibet.--Section 620(b) of such Act (22
    U.S.C. 6901 note) is amended by inserting before the period at the end
    the following: ``, including with respect to the reincarnation system
    of Tibetan Buddhism''.
        (e) United States Special Coordinator for Tibetan Issues.--Section
    621 of such Act (22 U.S.C. 6901 note) is amended--
                (1) by amending subsection (c) to read as follows:
        ``(c) Objectives.--The objectives of the Special Coordinator are
    to--
                ``(1) promote substantive dialogue without preconditions,
            between the Government of the People's Republic of China and
            the Dalai Lama, his or her representatives, or democratically
            elected leaders of the Tibetan community, or explore activities
            to improve prospects for dialogue, that leads to a negotiated
            agreement on Tibet;
                ``(2) coordinate with other governments in multilateral
            efforts towards the goal of a negotiated agreement on Tibet;
                ``(3) encourage the Government of the People's Republic of
            China to address the aspirations of the Tibetan people with
            regard to their distinct historical, cultural, religious, and
            linguistic identity;
                ``(4) promote the human rights of the Tibetan people;
                ``(5) promote activities to preserve environment and water
            resources of the Tibetan plateau;
                ``(6) encourage that any initiatives or activities for
            Tibetan communities in the Tibet Autonomous Region are
            conducted in accordance with the principles espoused in section
            616(d); and
                ``(7) promote access to Tibet in accordance with the
            Reciprocal Access to Tibet Act of 2018 (Public Law 115-330).'';
                (2) in subsection (d)--
                        (A) in paragraph (5), by striking ``; and'' and
                    inserting a semicolon;
                        (B) by redesignating paragraph (6) as paragraph
                    (8); and
                        (C) by inserting after paragraph (5) the following
                    new paragraphs:
                ``(6) provide guidance with respect to all projects carried
            out pursuant to assistance provided under section 616(e);
                ``(7) seek to establish international diplomatic coalitions
            to--
                        ``(A) oppose any effort by the Government of the
                    People's Republic of China to select, educate, and
                    venerate Tibetan Buddhist religious leaders in a manner
                    inconsistent with the principle that the succession or
                    identification of Tibetan Buddhist lamas, including the
                    Dalai Lama, should occur without interference, in a
                    manner consistent with traditional practice; and
                        ``(B) ensure that the identification and
                    installation of Tibetan Buddhist religious leaders,
                    including any future Dalai Lama, is determined solely
                    within the Tibetan Buddhist faith community, in
                    accordance with the internationally-recognized right to
                    religious freedom; and''; and
                (3) by adding at the end the following new subsection:
        ``(e) Personnel.--The Secretary shall ensure that the Office of the
    Special Coordinator is adequately staffed at all times to assist in the
    management of the responsibilities of this section.''.

    SEC. 342. STATEMENT OF POLICY REGARDING THE SUCCESSION OR REINCARNATION
                  OF THE DALAI LAMA.

        (a) Findings.--Congress finds the following:
                (1) Tibetan Buddhism is practiced in many countries
            including Bhutan, India, Mongolia, Nepal, the People's Republic
            of China, the Russian Federation, and the United States, yet
            the Government of the People's Republic of China has repeatedly
            insisted on its role in managing the selection of Tibet's next
            spiritual leader, the Dalai Lama, through actions such as those
            described in the ``Measures on the Management of the
            Reincarnation of Living Buddhas'' in 2007.
                (2) On March 19, 2019, Chinese Ministry of Affairs
            spokesperson reiterated that the ``reincarnation of living
            Buddhas including the Dalai Lama must comply with Chinese laws
            and regulations and follow religious rituals and historical
            conventions''.
                (3) The Government of the People's Republic of China has
            interfered in the process of recognizing a successor or
            reincarnation of Tibetan Buddhist leaders, including in 1995 by
            arbitrarily detaining Gedhun Choekyi Nyima, a 6-year old boy
            who was identified as the 11th Panchen Lama, and purporting to
            install its own candidate as the Panchen Lama.
                (4) The 14th Dalai Lama, Tenzin Gyatso, issued a statement
            on September 24, 2011, explaining the traditions and spiritual
            precepts of the selection of Dalai Lamas, setting forth his
            views on the considerations and process for selecting his
            successor, and providing a response to the Chinese government's
            claims that only the Chinese government has the ultimate
            authority in the selection process of the Dalai Lama.
                (5) The 14th Dalai Lama said in his statement that the
            person who reincarnates has sole legitimate authority over
            where and how he or she takes rebirth and how that
            reincarnation is to be recognized and if there is a need for a
            15th Dalai Lama to be recognized, then the responsibility shall
            primarily rest with the officers of the Dalai Lama's Gaden
            Phodrang Trust, who will be informed by the written
            instructions of the 14th Dalai Lama.
                (6) Since 2011, the 14th Dalai Lama has reiterated publicly
            on numerous occasions that decisions on the successions,
            emanations, or reincarnations of the Dalai Lama belongs to the
            Tibetan Buddhist faith community alone.
                (7) On June 8, 2015, the United States House of
            Representatives unanimously approved House Resolution 337 which
            calls on the United States Government to ``underscore that
            government interference in the Tibetan reincarnation process is
            a violation of the internationally recognized right to
            religious freedom . . . and to highlight the fact that other
            countries besides China have long Tibetan Buddhist traditions,
            and that matters related to reincarnations in Tibetan Buddhism
            are of keen interest to Tibetan Buddhist populations
            worldwide''.
                (8) On April 25, 2018, the United States Senate unanimously
            approved Senate Resolution 429 which ``expresses its sense that
            the identification and installation of Tibetan Buddhist
            religious leaders, including a future 15th Dalai Lama, is a
            matter that should be determined solely within the Tibetan
            Buddhist faith community, in accordance with the inalienable
            right to religious freedom''.
                (9) The Department of State's Report on International
            Religious Freedom for 2018 reported on policies and efforts of
            the Government of the People's Republic of China to exert
            control over the selection of Tibetan Buddhist religious
            leaders, including reincarnate lamas, and stated that ``[United
            States] officials underscored that decisions on the
            reincarnation of the Dalai Lama should be made solely by faith
            leaders.''.
        (b) Statement of Policy.--It is the policy of the United States
    that--
                (1) decisions regarding the selection, education, and
            veneration of Tibetan Buddhist religious leaders are
            exclusively spiritual matters that should be made by the
            appropriate religious authorities within the Tibetan Buddhist
            tradition and in the context of the will of practitioners of
            Tibetan Buddhism;
                (2) the wishes of the 14th Dalai Lama, including any
            written instructions, should play a key role in the selection,
            education, and veneration of a future 15th Dalai Lama; and
                (3) interference by the Government of the People's Republic
            of China or any other government in the process of recognizing
            a successor or reincarnation of the 14th Dalai Lama and any
            future Dalai Lamas would represent a clear abuse of the right
            to religious freedom of Tibetan Buddhists and the Tibetan
            people.
        (c) Holding Chinese Officials Responsible for Religious Freedom
    Abuses Targeting Tibetan Buddhists.--It is the policy of the United
    States to take all appropriate measures to hold accountable senior
    officials of the Government of the People's Republic of China or the
    Chinese Communist Party who directly interfere with the identification
    and installation of the future 15th Dalai Lama of Tibetan Buddhism,
    successor to the 14th Dalai Lama, including by--
                (1) imposing sanctions pursuant to the Global Magnitsky
            Human Rights Accountability Act (22 U.S.C. 2656 note); and
                (2) prohibiting admission to the United States under
            section 212(a)(2)(G) of the Immigration and Nationality Act (8
            U.S.C. 1182(a)(2)(G)).
        (d) Department of State Programming to Promote Religious Freedom
    for Tibetan Buddhists.--Consistent with section 401 of the Frank R.
    Wolf International Religious Freedom Act (Public Law 114-281; 130 Stat.
    1436), the Ambassador-at-Large for International Religious Freedom
    should support efforts to protect and promote international religious
    freedom in China and for programs to protect Tibetan Buddhism in China
    and elsewhere.

    SEC. 343. POLICY REGARDING THE ENVIRONMENT AND WATER RESOURCES ON THE
                  TIBETAN PLATEAU.

        (a) Findings.--Congress finds the following:
                (1) The Tibetan Plateau contains glaciers, rivers,
            grasslands, and other geographical and ecological features that
            are crucial for supporting vegetation growth and biodiversity
            and regulating water flow and supply for an estimated
            1,800,000,000 people. Environmental changes threaten the
            glaciers in Tibet that feed the major rivers of South and East
            Asia, which supply freshwater to an estimated 1,800,000,000
            people.
                (2) Several factors, including temperature changes, large
            government-backed infrastructure projects, and resettlement of
            Tibetan nomads, are likely to result in variable water flows in
            the future.
                (3) The grasslands of Tibet play a significant role in
            carbon production and sequestration and Tibet's rivers support
            wetlands that play a key role in water storage, water quality,
            and the regulation of water flow, support biodiversity, foster
            vegetation growth, and act as carbon sinks.
                (4) Traditional Tibetan grassland stewardship practices,
            which can be key to mitigating the negative effects of
            environmental changes on the Tibetan Plateau, are undermined by
            the resettlement of nomads from Tibetan grasslands.
                (5) The People's Republic of China has approximately 20
            percent of the world's population but only around 7 percent of
            the world's water supply, while many countries in South and
            Southeast Asia rely on the rivers flowing from the Himalayas of
            the Tibetan Plateau.
                (6) The People's Republic of China has already completed
            water transfer programs diverting billions of cubic meters of
            water yearly and has plans to divert more waters from the
            Tibetan plateau in China.
        (b) Water Resources in Tibet and the Tibetan Watershed.--The
    Secretary of State, in coordination with relevant agencies of the
    United States Government, should--
                (1) pursue collaborative efforts with Chinese and
            international scientific institutions, as appropriate, to
            monitor the environment on the Tibetan Plateau, including
            glacial retreat, temperature rise, and carbon levels, in order
            to promote a greater understanding of the effects on
            permafrost, river flows, grasslands and desertification, and
            the monsoon cycle;
                (2) engage with the Government of the People's Republic of
            China, the Tibetan people, and nongovernmental organizations to
            encourage the participation of Tibetan nomads and other Tibetan
            stakeholders in the development and implementation of grassland
            management policies, in order to utilize their indigenous
            experience in mitigation and stewardship of the land and to
            assess policies on the forced resettlement of nomads; and
                (3) encourage a regional framework on water security, or
            use existing frameworks, such as the Lower Mekong Initiative,
            to facilitate cooperative agreements among all riparian nations
            that would promote transparency, sharing of information,
            pollution regulation, and arrangements on impounding and
            diversion of waters that originate on the Tibetan Plateau.

    SEC. 344. DEMOCRACY IN THE TIBETAN EXILE COMMUNITY.

        (a) Findings.--Congress finds the following:
                (1) The 14th Dalai Lama advocates the Middle Way Approach,
            which seeks genuine autonomy for the 6,000,000 Tibetans in
            Tibet.
                (2) The 14th Dalai Lama has overseen a process of
            democratization within the Tibetan polity and devolved his
            political responsibilities to the elected representatives of
            the Tibetan people in exile in 2011.
                (3) In 2011 and again in 2016, members of the Tibetan exile
            community across some 30 countries held free and fair elections
            to select political leaders to serve in the Central Tibetan
            Administration parliament and as chief executive.
                (4) The Dalai Lama has said that the Central Tibetan
            Administration will cease to exist once a negotiated settlement
            has been achieved that allows Tibetans to freely enjoy their
            culture, religion, and language in Tibet.
        (b) Sense of Congress.--It is the sense of Congress that--
                (1) Tibetan exile communities around the world should be
            commended for the adoption of a system of self-governance with
            democratic institutions to choose their leaders;
                (2) the Dalai Lama should be commended for his decision to
            devolve political authority to elected leaders in accordance
            with democratic principles;
                (3) as of the date of the enactment of this Act, the
            Central Tibetan Administration is the institution that
            represents and reflects, to the greatest extent, the
            aspirations of the Tibetan diaspora around the world, and the
            Sikyong is the President of the Central Tibetan Administration;
            and
                (4) as consistent with section 621(d)(3) of the Tibetan
            Policy Act of 2002 (22 U.S.C. 6901 note), the United States
            Special Coordinator for Tibetan Issues should continue to
            maintain close contact with the religious, cultural, and
            political leaders of the Tibetan people.

    SEC. 345. SUSTAINABILITY IN TIBETAN COMMUNITIES SEEKING TO PRESERVE
                  THEIR CULTURE, RELIGION, AND LANGUAGE.

        The Secretary of State should urge the Government of Nepal to honor
    the Gentleman's Agreement with the United Nations High Commissioner for
    Refugees and the Government of India, which commits the Government of
    Nepal to respect the principle of non-refoulement by continuing to give
    Tibetan new arrivals access to the territory of Nepal and allowing them
    safe passage through Nepal to India.

    SEC. 346. AUTHORIZATION OF APPROPRIATIONS.

        (a) Office of the United States Special Coordinator for Tibetan
    Issues.--There is authorized to be appropriated $1,000,000 for each of
    the fiscal years 2021 through 2025 for the Office of the United States
    Special Coordinator for Tibetan Issues.
        (b) Tibetan Scholarship Program and Ngawang Choephel Exchange
    Programs.--
                (1) Tibetan scholarship program.--There is authorized to be
            appropriated $675,000 for each of the fiscal years 2021 through
            2025 to carry out the Tibetan scholarship program established
            under section 103(b)(1) of the Human Rights, Refugee, and Other
            Foreign Relations Provisions Act of 1996 (Public Law 104-319;
            22 U.S.C. 2151 note).
                (2) Ngawang choephel exchange programs.--There is
            authorized to be appropriated $575,000 for each of the fiscal
            years 2021 through 2025 to carry out the ``Ngawang Choephel
            Exchange Programs'' (formerly known as ``programs of
            educational and cultural exchange between the United States and
            the people of Tibet'') under section 103(a) of the Human
            Rights, Refugee, and Other Foreign Relations Provisions Act of
            1996 (Public Law 104-319; 110 Stat. 3865).
        (c) Humanitarian Assistance and Support to Tibetan Refugees in
    South Asia.--Amounts authorized to be appropriated or otherwise made
    available to carry out chapter 9 of part I of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2292 et seq.) and the Migration and Refugee
    Assistance Act of 1962 (Public Law 87-510) for each of the fiscal years
    2021 through 2025 are authorized to be made available for humanitarian
    assistance, including food, medicine, clothing, and medical and
    vocational training, for Tibetan refugees in South Asia who have fled
    facing a credible threat of persecution in the People's Republic of
    China.
        (d) Tibetan Autonomous Region and Tibetan Communities in China.--
    There is authorized to be appropriated $8,000,000 for each year of the
    fiscal years 2021 through 2025 under chapter 4 of part II of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to support
    activities for Tibetan communities in the Tibet Autonomous Region and
    in other Tibetan communities in China that are conducted in accordance
    with subsection 616(d) of the Tibetan Policy Act of 2002 (22 U.S.C.
    6901 note).
        (e) Assistance for Tibetans in India and Nepal.--There is
    authorized to be appropriated $6,000,000 for each of the fiscal years
    2021 through 2025 under chapter 4 of part II of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2346 et seq.) for programs to promote and
    preserve Tibetan culture and language development, and the resilience
    of Tibetan communities in India and Nepal, and to assist in the
    education and development of the next generation of Tibetan leaders
    from such communities.
        (f) Tibetan Governance.--There is authorized to be appropriated
    $3,000,000 for each of the fiscal years 2021 through 2025 under chapter
    4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
    seq.) for programs to strengthen the capacity of Tibetan institutions
    and strengthen democracy, governance, information and international
    outreach, and research.
        (g) Voice of America and Radio Free Asia.--
                (1) Voice of america.--There is authorized to be
            appropriated $3,344,000 for each of the fiscal years 2021
            through 2025 to Voice of America for broadcasts described in
            paragraph (3).
                (2) Radio free asia.--There is authorized to be
            appropriated $4,060,000 for each of the fiscal years 2021
            through 2025 to Radio Free Asia for broadcasts described in
            paragraph (3).
                (3) Broadcasts described.--Broadcasts described in this
            paragraph are broadcasts to provide uncensored news and
            information in the Tibetan language to Tibetans, including
            Tibetans in Tibet.

     Subtitle F--The United States - Northern Triangle Enhanced Engagement
                                      Act

    SEC. 351. SHORT TITLE.

        This subtitle may be cited as the ``The United States - Northern
    Triangle Enhanced Engagement Act''.

    SEC. 352. STRATEGY TO ADVANCE PROSPERITY, COMBAT CORRUPTION, STRENGTHEN
                  DEMOCRATIC GOVERNANCE, AND IMPROVE CIVILIAN SECURITY IN
                  EL SALVADOR, GUATEMALA, AND HONDURAS.

        (a) Elements.--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, and the heads of other relevant Federal agencies, shall
    submit to the appropriate congressional committees a 5-year strategy to
    advance economic prosperity, combat corruption, strengthen democratic
    governance, and improve civilian security in El Salvador, Guatemala,
    and Honduras and to curb irregular migration from the region.
        (b) Consideration.--In developing the strategy required under this
    section, the Secretary of State should consider the following
    priorities:
                (1) Promoting economic prosperity, including by--
                        (A) supporting market-based solutions to eliminate
                    constraints to inclusive economic growth;
                        (B) addressing the underlying causes of poverty and
                    inequality;
                        (C) responding to immediate humanitarian needs by
                    improving humanitarian outcomes, including through
                    access to sanitation, hygiene, and shelter, and by
                    enabling the provision of health resources;
                        (D) supporting conservation and community
                    resilience and strengthening community preparedness for
                    natural disasters;
                        (E) identifying, as appropriate, a role for
                    relevant United States agencies and the United States
                    private sector in supporting efforts to increase
                    private sector investment and advance economic
                    prosperity; and
                        (F) improving domestic resource mobilization,
                    including by strengthening tax collection and
                    enforcement and legal arbitration mechanisms.
                (2) Combating corruption, including by--
                        (A) strengthening the capacity of national justice
                    systems and attorneys generals to identify and
                    prosecute money laundering and other financial crimes
                    and breaking up financial holdings of organized
                    criminal syndicates, including illegally acquired lands
                    and proceeds from illegal activities;
                        (B) strengthening special prosecutorial offices and
                    financial institutions to conduct asset forfeitures and
                    criminal analysis, and to combat corruption, money
                    laundering, financial crimes, extortion, and human
                    rights crimes;
                        (C) implementing transparent, merit-based selection
                    processes for prosecutors and judges and the
                    development of professional and merit-based civil
                    services;
                        (D) establishing or strengthening methods,
                    procedures for internal and external control mechanisms
                    for the security and police services and judiciary; and
                        (E) supporting anticorruption efforts through
                    bilateral assistance and complementary support through
                    multilateral anticorruption mechanisms when necessary.
                (3) Advancing democratic governance, including by--
                        (A) strengthening government institutions at the
                    local and national levels to provide services and
                    respond to citizen needs through transparent,
                    inclusive, and democratic processes;
                        (B) strengthening access to information laws and
                    reforming laws that currently limit access to
                    information;
                        (C) building the capacity of independent media to
                    engage in professional investigative journalism;
                        (D) ensuring that threats and attacks on
                    journalists, labor leaders, human rights defenders, and
                    other members of civil society are fully investigated
                    and perpetrators are held accountable; and
                        (E) strengthening electoral institutions and
                    processes to ensure free, fair, and transparent
                    elections.
                (4) Improving security conditions, including by--
                        (A) implementing the Central America Regional
                    Security Initiative;
                        (B) increasing the professionalization of security
                    services, including the civilian police and military
                    units;
                        (C) combating the illicit activities of
                    transnational criminal organizations through support to
                    fully vetted elements of attorneys general offices,
                    appropriate government institutions, and security
                    services; and
                        (D) enhancing the capacity of relevant security
                    services and attorneys general to support
                    counternarcotics efforts and combat human trafficking,
                    forcible recruitment of children and youth by gangs,
                    gender-based violence, and other illicit activities,
                    including trafficking of wildlife, and natural
                    resources.
        (c) Consultation.--In developing the strategy required under this
    section, the Secretary of State may consult with civil society and the
    private sector in the United States, El Salvador, Guatemala, and
    Honduras.
        (d) Benchmarks.--The strategy required under this section shall
    include annual benchmarks to track the strategy's progress in curbing
    irregular migration from the region to the United States and improving
    conditions in El Salvador, Guatemala, and Honduras by measuring
    progress in key areas, including--
                (1) reducing poverty and unemployment, increasing private
            sector investment, responding to immediate humanitarian needs,
            sustainably reintegrating returnees, supporting conservation
            and community resilience, and addressing forced displacement in
            accordance with the priorities outlined in subsection (b)(1);
                (2) strengthening national justice systems and attorneys
            generals, supporting multilateral anticorruption mechanisms,
            identifying and prosecuting money laundering and other
            financial crimes, breaking up financial holdings of organized
            criminal syndicates, and advancing judicial integrity and
            investigative capacity of local authorities in accordance with
            the priorities outlined in subsection (b)(2);
                (3) strengthening government institutions at the local and
            national levels to provide services and respond to citizen
            needs through transparent, inclusive, and democratic processes,
            promoting human rights, building the capacity of independent
            media, developing the capacity of civil society to conduct
            oversight, affording legal protections for human rights
            defenders and members of civil society, and strengthening
            electoral institutions in accordance with priorities outlined
            in subsection (b)(3); and
                (4) implementing the objectives stated under the Central
            America Regional Security Initiative and building the capacity
            of civilian security services in accordance with the priorities
            outlined in subsection (b)(4).
        (e) Public Diplomacy.--The strategy required under this section
    shall include a public diplomacy strategy for educating citizens of the
    region about United States assistance and its benefits to them, and
    informing such citizens of the dangers of irregular migration to the
    United States.
        (f) Annual Progress Updates.--Not later than 1 year after the
    submission of the strategy required under this section and annually
    thereafter for 4 years, the Secretary of State shall provide the
    appropriate congressional committees with a written description of
    progress made in meeting the benchmarks established in the strategy.
        (g) Public Availability.--The strategy required under this section
    shall be made publicly available on the website of the Department of
    State. If appropriate, a classified annex may be submitted to the
    appropriate congressional committees.
        (h) Definition.--In this section, 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.

    SEC. 353. TARGETED SANCTIONS TO FIGHT CORRUPTION IN EL SALVADOR,
                  GUATEMALA, AND HONDURAS.

        (a) Sense of Congress.--It is the sense of Congress that--
                (1) corruption in El Salvador, Guatemala, and Honduras by
            private citizens and select officials in local, regional, and
            Federal governments significantly damages the economies of such
            countries and deprives citizens of opportunities;
                (2) corruption in El Salvador, Guatemala, and Honduras is
            facilitated and carried out not only by private citizens and
            select officials from those countries but also in many
            instances by individuals from third countries; and
                (3) imposing targeted sanctions on individuals from
            throughout the world and particularly in the Western Hemisphere
            who are engaged in acts of significant corruption that impact
            El Salvador, Guatemala, and Honduras or obstruction of
            investigations into such acts of corruption will benefit the
            citizens and governments of such countries.
        (b) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, and not less frequently than annually
    thereafter, the President shall submit to the appropriate congressional
    committees an unclassified report with classified annex if necessary
    that identifies each foreign person who the President determines to
    have knowingly engaged in actions that undermine democratic processes
    or institutions, or in significant corruption or obstruction of
    investigations into such acts of corruption in El Salvador, Guatemala,
    and Honduras, including the following:
                (1) Corruption related to government contracts.
                (2) Bribery and extortion.
                (3) The facilitation or transfer of the proceeds of
            corruption, including through money laundering.
                (4) Acts of violence, harassment, or intimidation directed
            at governmental and nongovernmental corruption investigators.
        (c) Imposition of Sanctions.--The President shall impose the
    sanctions described in subsection (d) with respect to each foreign
    person identified in the report required under subsection (b).
        (d) Sanctions Described.--
                (1) In general.--The sanctions described in this subsection
            are the following:
                        (A) Ineligibility for visas and admission to the
                    united states.--In the case of a foreign person who is
                    an individual, such foreign person is--
                                (i) inadmissible to the United States;
                                (ii) ineligible to receive a visa or other
                            documentation to enter the United States; and
                                (iii) otherwise ineligible to be admitted
                            or paroled into the United States or to receive
                            any other benefit under the Immigration and
                            Nationality Act (8 U.S.C. 1101 et seq.).
                        (B) Current visas revoked.--
                                (i) In general.--The issuing consular
                            officer or the Secretary of State, (or a
                            designee of the Secretary of State) shall, in
                            accordance with section 221(i) of the
                            Immigration and Nationality Act (8 U.S.C.
                            1201(i)), revoke any visa or other entry
                            documentation issued to a foreign person
                            regardless of when the visa or other entry
                            documentation is issued.
                                (ii) Effect of revocation.--A revocation
                            under clause (i) shall--
                                        (I) take effect immediately; and
                                        (II) automatically cancel any other
                                    valid visa or entry documentation that
                                    is in the foreign person's possession.
                (2) Exception to comply with international obligations.--
            Sanctions under subparagraph (B) and (C) of paragraph (1) shall
            not apply with respect to a foreign person if admitting or
            paroling such person into the United States is necessary to
            permit the United States to comply with the Agreement regarding
            the Headquarters of the United Nations, signed at Lake Success
            June 26, 1947, and entered into force November 21, 1947,
            between the United Nations and the United States, or other
            applicable international obligations.
        (e) National Security Waiver.--The President may waive the
    application of the sanctions under subsection (c) if the President--
                (1) determines that such a waiver is in the national
            security interest of the United States; and
                (2) submits to the appropriate congressional committees
            within 15 days after such determination a notice of and
            justification for the waiver.
        (f) Termination.--The authority to impose sanctions under
    subsection (b), and any sanctions imposed pursuant to such authority,
    shall expire on the date that is 3 years after the date of the
    enactment of this Act.
        (g) Public Availability.--The unclassified portion of the report
    required by subsection (b) shall be made available to the public,
    including through publication in the Federal Register. In any case in
    which the President concludes that such publication would be harmful to
    the national security of the United States, only a statement that a
    determination or finding has been made by the President, including the
    name and section of the Act under which it was made, shall be
    published.
        (h) Definitions.--In this section, the term ``appropriate
    congressional committees'' means--
                (1) the Committee on Foreign Relations and the Committee on
            the Judiciary of the Senate;
                (2) the Committee on Foreign Affairs and the Committee on
            the Judiciary of the House of Representatives.

                          Subtitle G--Other Provisions

    SEC. 361. OFFICE OF SANCTIONS COORDINATION.

        (a) Office of Sanctions Coordination of the Department of State.--
                (1) In general.--Section 1 of the State Department Basic
            Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding
            at the end the following new subsection:
        ``(h) Office of Sanctions Coordination.--
                ``(1) In general.--There is established, within the
            Department of State, an Office of Sanctions Coordination (in
            this subsection referred to as the `Office').
                ``(2) Head.--The head of the Office shall--
                        ``(A) have the rank and status of ambassador;
                        ``(B) be appointed by the President, by and with
                    the advice and consent of the Senate; and
                        ``(C) report directly to the Secretary of State.
                ``(3) Duties.--The head of the Office shall--
                        ``(A) exercise sanctions authorities delegated to
                    the Secretary;
                        ``(B) serve as the principal advisor to the senior
                    management of the Department and the Secretary
                    regarding the development and implementation of
                    sanctions policy;
                        ``(C) serve as the lead representative of the
                    United States in diplomatic engagement on sanctions
                    matters;
                        ``(D) consult and closely coordinate with allies
                    and partners of the United States, including the United
                    Kingdom, the European Union and member countries of the
                    European Union, Canada, Australia, New Zealand, Japan,
                    and South Korea, to ensure the maximum effectiveness of
                    sanctions imposed by the United States and such allies
                    and partners;
                        ``(E) serve as the coordinator for the development
                    and implementation of sanctions policy with respect to
                    all activities, policies, and programs of all bureaus
                    and offices of the Department relating to the
                    development and implementation of sanctions policy; and
                        ``(F) serve as the lead representative of the
                    Department in interagency discussions with respect to
                    the development and implementation of sanctions policy.
                ``(4) Direct hire authority.--
                        ``(A) In general.--The head of the Office may
                    appoint, without regard to the provisions of sections
                    3309 through 3318 of title 5, United States Code,
                    candidates directly to positions in the competitive
                    service, as defined in section 2102 of that title, in
                    the Office.
                        ``(B) Termination.--The authority provided under
                    subparagraph (A) shall terminate on the date that is
                    two years after the date of the enactment of this
                    subsection.''.
                (2) Conforming amendment.--Section 1(c)(3) of the State
            Department Basic Authorities Act of 1956 (22 U.S.C.
            2651a(c)(3)) is amended by adding at the end the following new
            subparagraph:
                        ``(C) Coordination.--The Assistant Secretary
                    authorized under subparagraph (A) shall coordinate with
                    the Office of Sanctions Coordination established under
                    subsection (h) with respect to the development and
                    implementation of economic sanctions.''.
                (3) Briefing required.--Not later than 60 days after the
            date of the enactment of this Act and every 90 days thereafter
            until the date that is two years after such date of enactment,
            the Secretary of State shall brief the appropriate
            congressional committees on the efforts of the Department of
            State to establish the Office of Sanctions Coordination
            pursuant to subsection (h) of section 1 of the State Department
            Basic Authorities Act of 1956, as added by paragraph (1),
            including a description of--
                        (A) measures taken to implement the requirements of
                    such subsection and to establish the Office;
                        (B) actions taken by the Office to carry out the
                    duties listed in paragraph (3) of such subsection;
                        (C) the resources devoted to the Office, including
                    the number of employees working in the Office; and
                        (D) plans for the use of the direct hire authority
                    provided under paragraph (4) of such subsection.
        (b) Coordination With Allies and Partners of the United States.--
                (1) In general.--The Secretary of State shall develop and
            implement mechanisms and programs, as appropriate, through the
            head of the Office of Sanctions Coordination established
            pursuant to subsection (h) of section 1 of the State Department
            Basic Authorities Act of 1956, as added by subsection (a)(1),
            to coordinate the development and implementation of United
            States sanctions policies with allies and partners of the
            United States, including the United Kingdom, the European Union
            and member countries of the European Union, Canada, Australia,
            New Zealand, Japan, and South Korea.
                (2) Information sharing.--The Secretary should pursue the
            development and implementation of mechanisms and programs under
            paragraph (1), as appropriate, that involve the sharing of
            information with respect to policy development and sanctions
            implementation.
                (3) Capacity building.--The Secretary should pursue
            efforts, in coordination with the Secretary of the Treasury and
            the head of any other Federal agency the Secretary considers
            appropriate, to assist allies and partners of the United
            States, including the countries specified in paragraph (1), as
            appropriate, in the development of their legal and technical
            capacities to develop and implement sanctions authorities.
                (4) Exchange programs.--In furtherance of the efforts
            described in paragraph (3), the Secretary, in coordination with
            the Secretary of the Treasury and the head of any other Federal
            agency the Secretary considers appropriate, may enter into
            agreements with counterpart agencies in foreign governments
            establishing exchange programs for the temporary detail of
            Federal Government employees to share information and expertise
            with respect to the development and implementation of sanctions
            authorities.
                (5) Briefing required.--Not later than 90 days after the
            date of the enactment of this Act and every 180 days thereafter
            until the date that is five years after such date of enactment,
            the Secretary of State shall brief the appropriate
            congressional committees on the efforts of the Department of
            State to implement this section, including a description of--
                        (A) measures taken to implement paragraph (1);
                        (B) actions taken pursuant to paragraphs (2)
                    through (4);
                        (C) the extent of coordination between the United
                    States and allies and partners of the United States,
                    including the countries specified in paragraph (1),
                    with respect to the development and implementation of
                    sanctions policy; and
                        (D) obstacles preventing closer coordination
                    between the United States and such allies and partners
                    with respect to the development and implementation of
                    sanctions policy.
        (c) Sense of Congress.--It is the sense of the Congress that the
    President should appoint a coordinator for sanctions and national
    economic security issues within the framework of the National Security
    Council.
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
                (1) the Committee on Foreign Relations, the Committee on
            Banking, Housing, and Urban Affairs, the Committee on Homeland
            Security and Governmental Affairs, and the Committee on Finance
            of the Senate; and
                (2) the Committee on Foreign Affairs, the Committee on
            Financial Services, the Committee on Oversight and Reform, and
            the Committee on Way and Means of the House of Representatives.

                TITLE IV--SENATE SERGEANT AT ARMS CLOUD SERVICES

    SEC. 401. SENATE SERGEANT AT ARMS CLOUD SERVICES.

        (a) Section 10 of the Legislative Branch Appropriations Act, 2005
    (2 U.S.C. 6628) is amended--
                (1) by redesignating subsection (b) as subsection (h); and
                (2) by striking subsection (a) and inserting the following:
        ``(a) In General.--In this section--
                ``(1) the term `agent of the Office of the SAA' includes a
            provider of electronic communication service or remote
            computing service commissioned or used through the Office of
            the SAA by a Senate office to provide such services to the
            Senate office;
                ``(2) the term `electronic communication service' has the
            meaning given that term in section 2510 of title 18, United
            States Code;
                ``(3) the term `Office of the SAA' means the Office of the
            Sergeant at Arms and Doorkeeper of the Senate;
                ``(4) the term `provider for a Senate office' means a
            provider of electronic communication service or remote
            computing service directly commissioned or used by a Senate
            office to provide such services;
                ``(5) the term `remote computing service' has the meaning
            given that term in section 2711 of title 18, United States
            Code;
                ``(6) the term `Senate data', with respect to a Senate
            office, means any electronic mail or other electronic or data
            communication, other data (including metadata), or other
            information of the Senate office; and
                ``(7) the term `Senate office' means a committee or office
            of the Senate, including a Senator, an officer of the Senate,
            or an employee of, intern at, or other agent of a committee or
            office of the Senate.
        ``(b) Treatment.--
                ``(1) Retaining possession.--
                        ``(A) In general.--A Senate office shall be deemed
                    to retain possession of any Senate data of the Senate
                    office, without regard to the use by the Senate office
                    of any individual or entity described in paragraph (2)
                    for the purposes of any function or service described
                    in paragraph (2).
                        ``(B) Rule of construction.--Subparagraph (A) shall
                    not be construed to limit the use by an intended
                    recipient of any Senate data from a Senate office.
                ``(2) Sergeant at arms and providers for a senate office.--
            The Office of the SAA, any officer, employee, or agent of the
            Office of the SAA, and any provider for a Senate office shall
            not be treated as acquiring possession, custody, or control of
            any Senate data by reason of its being transmitted, processed,
            or stored (whether temporarily or otherwise) through the use of
            an electronic system established, maintained, or operated, or
            the use of electronic services provided, in whole or in part by
            the Office of the SAA, the officer, employee, or agent of the
            Office of the SAA, or the provider for the Senate office.
        ``(c) Notification.--Notwithstanding any other provision of law or
    rule of civil or criminal procedure, the Office of the SAA, any
    officer, employee, or agent of the Office of the SAA, and any provider
    for a Senate office that is providing services to or used by a Senate
    office shall not be barred, through operation of any court order or any
    statutory provision, from notifying the Senate office of any legal
    process seeking disclosure of Senate data of the Senate office that is
    transmitted, processed, or stored (whether temporarily or otherwise)
    through the use of an electronic system established, maintained, or
    operated, or the use of electronic services provided, in whole or in
    part by the Office of the SAA, the officer, employee, or agent of the
    Office of the SAA, or the provider for a Senate office.
        ``(d) Motions to Quash or Modify.--Upon a motion made promptly by a
    Senate office or provider for a Senate office, a court of competent
    jurisdiction shall quash or modify any legal process directed to the
    provider for a Senate office if compliance with the legal process would
    require the disclosure of Senate data of the Senate office.
        ``(e) Information Regarding Implications of Using Providers.--The
    Office of the SAA, in consultation with the Senate Legal Counsel, shall
    provide information to each Senate office that commissions or uses a
    provider of electronic communication service or remote computing
    service to provide such services to the Senate office regarding the
    potential constitutional implications and the potential impact on
    privileges that may be asserted by the Senate office.
        ``(f) Applicable Privileges.--Nothing in this section shall be
    construed to limit or supersede any applicable privilege, immunity, or
    other objection that may apply to the disclosure of Senate data.
        ``(g) Preemption.--Except as provided in this section, any
    provision of law or rule of civil or criminal procedure of any State,
    political subdivision, or agency thereof, which is inconsistent with
    this section shall be deemed to be preempted and superseded.''.
        (b)(1) In this subsection, the terms ``Senate data'' and ``Senate
    office'' have the meanings given such terms in section 10 of the
    Legislative Branch Appropriations Act, 2005, as amended by subsection
    (a) of this section.
        (2) The amendments made by this section shall--
                (A) take effect as though included in the Legislative
            Branch Appropriations Act, 2005 (division G of Public Law 108-
            447; 118 Stat. 3166); and
                (B) apply with respect to--
                        (i) any legal process seeking disclosure of Senate
                    data of a Senate office that is filed, issued, or made
                    on or after the date of enactment of this Act; and
                        (ii) any matter that is pending on or after the
                    date of enactment of this Act that relates to legal
                    process described in clause (i) that is filed, issued,
                    or made before the date of enactment of this Act,
                    unless the Senate data of the Senate office was
                    disclosed in accordance with such legal process before
                    the date of enactment of this Act.

    TITLE V--REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL PROPERTY IN PLUM
                                ISLAND, NEW YORK

    SEC. 501. REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL PROPERTY IN
                  PLUM ISLAND, NEW YORK.

        (a) Repeal of Requirement in Public Law 110-329.--Section 540 of
    the Department of Homeland Security Appropriations Act, 2009 (division
    D of Public Law 110-329; 122 Stat. 3688) is repealed.
        (b) Repeal of Requirement in Public Law 112-74.--Section 538 of the
    Department of Homeland Security Appropriations Act, 2012 (6 U.S.C. 190
    note; division D of Public Law 112-74) is repealed.
        (c) Requirement.--The Administrator of General Services shall
    ensure that--
                (1) Federal property commonly known as Plum Island, New
            York, including the Orient point facility, all real and
            personal property and transportation assets that support Plum
            Island operations and access to Plum Island, be disposed of as
            a single consolidated asset; and
                (2) such disposal is subject to conditions as may be
            necessary to protect Government interests and meet program
            requirements.

         TITLE VI--PREVENTING ONLINE SALES OF E-CIGARETTES TO CHILDREN

    SEC. 601. SHORT TITLE.

        This title may be cited as the ``Preventing Online Sales of E-
    Cigarettes to Children Act''.

    SEC. 602. AMENDMENTS TO THE JENKINS ACT.

        (a) In General.--The Act entitled ``An Act to assist States in
    collecting sales and use taxes on cigarettes'', approved October 19,
    1949 (commonly known as the ``Jenkins Act'') (15 U.S.C. 375 et seq.),
    is amended--
                (1) in section 1 (15 U.S.C. 375)--
                        (A) in paragraph (2)(A)(ii)--
                                (i) by striking ``includes roll-your-own
                            tobacco'' and inserting the following:
                            ``includes--
                                        ``(I) roll-your-own tobacco'';
                                (ii) in subclause (I), as so designated, by
                            striking the period at the end and inserting
                            ``; and''; and
                                (iii) by adding at the end the following:
                                        ``(II) an electronic nicotine
                                    delivery system.'';
                        (B) by redesignating paragraphs (7) through (14) as
                    paragraphs (8) through (15), respectively; and
                        (C) by inserting after paragraph (6) the following:
                ``(7) Electronic nicotine delivery system.--The term
            `electronic nicotine delivery system'--
                        ``(A) means any electronic device that, through an
                    aerosolized solution, delivers nicotine, flavor, or any
                    other substance to the user inhaling from the device;
                        ``(B) includes--
                                ``(i) an e-cigarette;
                                ``(ii) an e-hookah;
                                ``(iii) an e-cigar;
                                ``(iv) a vape pen;
                                ``(v) an advanced refillable personal
                            vaporizer;
                                ``(vi) an electronic pipe; and
                                ``(vii) any component, liquid, part, or
                            accessory of a device described in subparagraph
                            (A), without regard to whether the component,
                            liquid, part, or accessory is sold separately
                            from the device; and
                        ``(C) does not include a product that is--
                                ``(i) approved by the Food and Drug
                            Administration for--
                                        ``(I) sale as a tobacco cessation
                                    product; or
                                        ``(II) any other therapeutic
                                    purpose; and
                                ``(ii) marketed and sold solely for a
                            purpose described in clause (i).''; and
                (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by
            inserting ``NICOTINE/'' after
            ``CIGARETTES/''.
        (b) Effective Date.--This section, and the amendments made by this
    section, shall take effect on the date that is 90 days after the date
    of enactment of this Act.
        (c) Rule of Construction.--Nothing in this section, or an amendment
    made by this section, may be construed to affect or otherwise alter any
    provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
    seq.), including its implementing regulations.

    SEC. 603. NONMAILABILITY OF ELECTRONIC NICOTINE DELIVERY SYSTEMS.

        (a) Regulations.--Not later than 120 days after the date of
    enactment of this Act, the United States Postal Service shall
    promulgate regulations to clarify the applicability of the prohibition
    on mailing of cigarettes under section 1716E of title 18, United States
    Code, to electronic nicotine delivery systems, in accordance with the
    amendment to the definition of ``cigarette'' made by section 602.
        (b) Effective Date.--The prohibition on mailing of cigarettes under
    section 1716E of title 18, United States Code, shall apply to
    electronic nicotine delivery systems on and after the date on which the
    United States Postal Service promulgates regulations under subsection
    (a) of this section.

                        TITLE VII--FAFSA SIMPLIFICATION

    SEC. 701. SHORT TITLE; EFFECTIVE DATE.

        (a) Short Title.--This title may be cited as the ``FAFSA
    Simplification Act''.
        (b) General Effective Date.--Except as otherwise expressly
    provided, this Act, and the amendments made by this title to the Higher
    Education Act of 1965 (20 U.S.C. 1001 et seq.), shall take effect on
    July 1, 2023, and shall apply with respect to award year 2023-2024 and
    each subsequent award year, as determined under the Higher Education
    Act of 1965. The Secretary of Education shall have the authority to
    take such steps as are necessary before July 1, 2023, to provide for
    the orderly implementation on such date of the amendments to the Higher
    Education Act of 1965 made by this Act.

    SEC. 702. MAKING IT EASIER TO APPLY FOR FEDERAL AID AND MAKING THAT AID
                  PREDICTABLE.

        (a) Need Analysis.--
                (1) In general.--Section 471 of the Higher Education Act of
            1965 (20 U.S.C. 1087kk) is amended to read as follows:

    ``SEC. 471. AMOUNT OF NEED.

        ``Except as otherwise provided therein, for award year 2023-2024
    and each subsequent award year, the amount of need of any student for
    financial assistance under this title (except subpart 1 or 2 of part A)
    is equal to--
                ``(1) the cost of attendance of such student, minus
                ``(2) the student aid index (as defined in section 473) for
            such student, minus
                ``(3) other financial assistance not received under this
            title (as defined in section 480(i)).''.
                (2) Maximum aid under part d.--Section 451 of the Higher
            Education Act of 1965 (20 U.S.C. 1087a) is amended by adding at
            the end the following:
        ``(c) Maximum Aid.--The maximum dollar amount of financial
    assistance provided under this part to a student shall not exceed the
    cost of attendance for such student.''.
                (3) Guidance to states.--The Secretary of Education shall
            issue guidance for States on interpretation and implementation
            of the terminology and formula adjustments made to the Higher
            Education Act of 1965 (20 U.S.C. 1001 et seq.) under the
            amendments by this Act, including the student aid index,
            formerly known as the expected family contribution, and the
            need analysis formulas.
        (b) Cost of Attendance and Student Aid Index.--Sections 472 and 473
    of the Higher Education Act of 1965 (20 U.S.C. 1087ll and 1087mm) are
    amended to read as follows:

    ``SEC. 472. COST OF ATTENDANCE.

        ``(a) In General.--For the purpose of this title, the term `cost of
    attendance' means--
                ``(1) tuition and fees normally assessed a student carrying
            the same academic workload as determined by the institution;
                ``(2) an allowance for books, course materials, supplies,
            and equipment, which shall include all such costs required of
            all such students in the same course of study, including a
            reasonable allowance for the documented rental or upfront
            purchase of a personal computer, as determined by the
            institution;
                ``(3) an allowance for transportation, which may include
            transportation between campus, residences, and place of work,
            as determined by the institution;
                ``(4) an allowance for miscellaneous personal expenses, for
            a student attending the institution on at least a half-time
            basis, as determined by the institution;
                ``(5) an allowance for living expenses, including food and
            housing costs, to be incurred by the student attending the
            institution on at least a half-time basis, as determined by the
            institution, which shall include--
                        ``(A) for a student electing institutionally owned
                    or operated food services, such as board or meal plans,
                    a standard allowance for such services that provides
                    the equivalent of three meals each day;
                        ``(B) for a student not electing institutionally
                    owned or operated food services, such as board or meal
                    plans, a standard allowance for purchasing food off
                    campus that provides the equivalent of three meals each
                    day;
                        ``(C) for a student without dependents residing in
                    institutionally owned or operated housing, a standard
                    allowance determined by the institution based on the
                    average or median amount assessed to such residents for
                    housing charges, whichever is greater;
                        ``(D) for a student with dependents residing in
                    institutionally owned or operated housing, a standard
                    allowance determined by the institution based on the
                    average or median amount assessed to such residents for
                    housing charges, whichever is greater;
                        ``(E) for a student living off campus, and not in
                    institutionally owned or operated housing, a standard
                    allowance for rent or other housing costs;
                        ``(F) for a dependent student residing at home with
                    parents, a standard allowance that shall not be zero
                    determined by the institution;
                        ``(G) for a student living in housing located on a
                    military base or for which a basic allowance is
                    provided under section 403(b) of title 37, United
                    States Code, a standard allowance for food based upon
                    such student's choice of purchasing food on-campus or
                    off-campus (determined respectively in accordance with
                    subparagraph (A) or (B)), but not for housing costs;
                    and
                        ``(H) for all other students, an allowance based on
                    the expenses reasonably incurred by such students for
                    housing and food;
                ``(6) for a student engaged in a program of study by
            correspondence, only tuition and fees and, if required, books
            and supplies, travel, and housing and food costs incurred
            specifically in fulfilling a required period of residential
            training;
                ``(7) for a confined or incarcerated student, only tuition,
            fees, books, course materials, supplies, equipment, and the
            cost of obtaining a license, certification, or a first
            professional credential in accordance with paragraph (14);
                ``(8) for a student enrolled in an academic program in a
            program of study abroad approved for credit by the student's
            home institution, reasonable costs associated with such study
            (as determined by the institution at which such student is
            enrolled);
                ``(9) for a student with one or more dependents, an
            allowance based on the estimated actual expenses incurred for
            such dependent care, based on the number and age of such
            dependents, except that--
                        ``(A) such allowance shall not exceed the
                    reasonable cost in the community in which such student
                    resides for the kind of care provided; and
                        ``(B) the period for which dependent care is
                    required includes, but is not limited to, class-time,
                    study-time, field work, internships, and commuting
                    time;
                ``(10) for a student with a disability, an allowance (as
            determined by the institution) for those expenses related to
            the student's disability, including special services, personal
            assistance, transportation, equipment, and supplies that are
            reasonably incurred and not provided for by other assisting
            agencies;
                ``(11) for a student receiving all or part of the student's
            instruction by means of telecommunications technology, no
            distinction shall be made with respect to the mode of
            instruction in determining costs;
                ``(12) for a student engaged in a work experience under a
            cooperative education program, an allowance for reasonable
            costs associated with such employment (as determined by the
            institution);
                ``(13) for a student who receives a Federal student loan
            made under this title or any other Federal law, to cover a
            student's cost of attendance at the institution, an allowance
            for the actual cost of any loan fee, origination fee, or
            insurance premium charged to such student or the parent of such
            student on such loan; and
                ``(14) for a student in a program requiring professional
            licensure, certification, or a first professional credential,
            the cost of obtaining the license, certification, or a first
            professional credential.
        ``(b) Special Rule for Living Expenses for Less-than-half-time
    Students.--For students attending an institution of higher education
    less than half-time, an institution of higher education may include an
    allowance for living expenses, including food and housing costs in
    accordance with subsection (a)(4) for up to three semesters, or the
    equivalent, with no more than two semesters being consecutive.
        ``(c) Disclosure of Cost of Attendance Elements.--Each institution
    shall make publicly available on the institution's website a list of
    all the elements of cost of attendance described in paragraphs (1)
    through (14) of subsection (a), and shall disclose such elements on any
    portion of the website describing tuition and fees of the institution.

    ``SEC. 473. SPECIAL RULES FOR STUDENT AID INDEX.

        ``(a) In General.--For the purpose of this Act, the term `student
    aid index' means, with respect to a student, an index that reflects an
    evaluation of a student's approximate financial resources to contribute
    toward the student's postsecondary education for the academic year, as
    determined in accordance with this part.
        ``(b) Special Rule for Students Eligible for the Total Maximum Pell
    Grant.--The Secretary shall consider an applicant to automatically have
    a student aid index equal to zero if the applicant is eligible for the
    total maximum Federal Pell Grant under section 401(b)(1)(A), except
    that, if the applicant has a calculated student aid index of less than
    zero the Secretary shall consider the negative number as the student
    aid index for the applicant.
        ``(c) Special Rule for Nonfilers.--Notwithstanding subsection (b),
    for an applicant (or, as applicable, an applicant and spouse, or an
    applicant's parents) who is not required to file a Federal tax return
    for the second preceding tax year, the Secretary shall for the purposes
    of this title consider the student aid index as equal to - $1,500 for
    the applicant.''.
        (c) Determination of Student Aid Index.--Section 474 of the Higher
    Education Act of 1965 (20 U.S.C. 1087nn) is amended to read as follows:

    ``SEC. 474. DETERMINATION OF STUDENT AID INDEX.

        ``The student aid index--
                ``(1) for a dependent student shall be determined in
            accordance with section 475;
                ``(2) for a single independent student or a married
            independent student without dependents (other than a spouse)
            shall be determined in accordance with section 476; and
                ``(3) for an independent student with dependents other than
            a spouse shall be determined in accordance with section 477.''.
        (d) Student Aid Index for Dependent Students.--Section 475 of the
    Higher Education Act of 1965 (20 U.S.C. 1087oo) is amended to read as
    follows:

    ``SEC. 475. STUDENT AID INDEX FOR DEPENDENT STUDENTS.

        ``(a) Computation of Student Aid Index.--
                ``(1) In general.--Except as provided in paragraph (2), for
            each dependent student, the student aid index is equal to the
            sum of--
                        ``(A) the assessment of the parents' adjusted
                    available income (determined in accordance with
                    subsection (b));
                        ``(B) the assessment of the student's available
                    income (determined in accordance with subsection (g));
                    and
                        ``(C) the student's available assets (determined in
                    accordance with subsection (h)).
                ``(2) Exception.--If the sum determined under paragraph (1)
            with respect to a dependent student is less than - $1,500, the
            student aid index for the dependent student shall be - $1,500.
        ``(b) Assessment of Parents' Adjusted Available Income.--The
    assessment of parents' adjusted available income is equal to the amount
    determined by--
                ``(1) computing adjusted available income by adding--
                        ``(A) the parents' available income (determined in
                    accordance with subsection (c)); and
                        ``(B) the parents' available assets (determined in
                    accordance with subsection (d));
                ``(2) assessing such adjusted available income in
            accordance with the assessment schedule set forth in subsection
            (e); and
                ``(3) considering such assessment resulting under paragraph
            (2) as the amount determined under this subsection.
        ``(c) Parents' Available Income.--
                ``(1) In general.--The parents' available income is
            determined by subtracting from total income (as defined in
            section 480)--
                        ``(A) Federal income taxes;
                        ``(B) an allowance for payroll taxes, determined in
                    accordance with paragraph (2);
                        ``(C) an income protection allowance, determined in
                    accordance with paragraph (3); and
                        ``(D) an employment expense allowance, determined
                    in accordance with paragraph (4).
                ``(2) Allowance for payroll taxes.--The allowance for
            payroll taxes is equal to the sum of--
                        ``(A) the total amount earned by the parents,
                    multiplied by the rate of tax under section 3101(b) of
                    the Internal Revenue Code of 1986; and
                        ``(B) the amount earned by the parents that does
                    not exceed such contribution and benefit base (twice
                    such contribution and benefit base, in the case of a
                    joint return) for the year of the earnings, multiplied
                    by the rate of tax applicable to such earnings under
                    section 3101(a) of the Internal Revenue Code of 1986.
                ``(3) Income protection allowance.--The income protection
            allowance shall equal the amount determined in the following
            table, as adjusted by the Secretary pursuant to section 478(b):

         ``Income Protection Allowance (to be adjusted for 2023-2024 and
                                succeeding years)
    ------------------------------------------------------------------------
                  Family Size (including student)                   Amount
    ------------------------------------------------------------------------
    2..........................................................      $23,330
    3..........................................................      $29,040
    4..........................................................      $35,870
    5..........................................................      $42,320
    6..........................................................      $49,500
    For each additional add....................................      $5,590.
    ------------------------------------------------------------------------

                ``(4) Employment expense allowance.--The employment expense
            allowance is equal to the lesser of $4,000 or 35 percent of the
            single parent's earned income or married parents' combined
            earned income (as adjusted by the Secretary pursuant to section
            478(g)).
        ``(d) Parents' Available Assets.--
                ``(1) In general.--
                        ``(A) Determination.--Except as provided in
                    subparagraph (B), the parents' available assets are
                    equal to--
                                ``(i) the difference between the parents'
                            assets and the asset protection allowance
                            (determined in accordance with paragraph (2));
                            multiplied by
                                ``(ii) 12 percent.
                        ``(B) Not less than zero.--The parents' available
                    assets under this subsection shall not be less than
                    zero.
                ``(2) Asset protection allowance.--The asset protection
            allowance is calculated based on the following table (as
            revised by the Secretary pursuant to section 478(d)):

                             ``Asset Protection Allowances for Parents of Dependent Students
    ----------------------------------------------------------------------------------------------------------------
                                                                                      And there are
                                                                   -------------------------------------------------
                                                                          two parents               one parent
                 If the age of the oldest parent is--              -------------------------------------------------
                                                                    then the allowance is--

    ----------------------------------------------------------------------------------------------------------------
    25 or less....................................................                       $0                       $0
    26............................................................                     $400                     $100
    27............................................................                     $700                     $300
    28............................................................                   $1,100                     $400
    29............................................................                   $1,500                     $600
    30............................................................                   $1,800                     $700
    31............................................................                   $2,200                     $800
    32............................................................                   $2,600                   $1,000
    33............................................................                   $2,900                   $1,100
    34............................................................                   $3,300                   $1,300
    35............................................................                   $3,700                   $1,400
    36............................................................                   $4,000                   $1,500
    37............................................................                   $4,400                   $1,700
    38............................................................                   $4,800                   $1,800
    39............................................................                   $5,100                   $2,000
    40............................................................                   $5,500                   $2,100
    41............................................................                   $5,600                   $2,200
    42............................................................                   $5,700                   $2,200
    43............................................................                   $5,900                   $2,300
    44............................................................                   $6,000                   $2,300
    45............................................................                   $6,200                   $2,400
    46............................................................                   $6,300                   $2,400
    47............................................................                   $6,500                   $2,500
    48............................................................                   $6,600                   $2,500
    49............................................................                   $6,800                   $2,600
    50............................................................                   $7,000                   $2,700
    51............................................................                   $7,100                   $2,700
    52............................................................                   $7,300                   $2,800
    53............................................................                   $7,500                   $2,900
    54............................................................                   $7,700                   $2,900
    55............................................................                   $7,900                   $3,000
    56............................................................                   $8,100                   $3,100
    57............................................................                   $8,400                   $3,100
    58............................................................                   $8,600                   $3,200
    59............................................................                   $8,800                   $3,300
    60............................................................                   $9,100                   $3,400
    61............................................................                   $9,300                   $3,500
    62............................................................                   $9,600                   $3,600
    63............................................................                   $9,900                   $3,700
    64............................................................                  $10,200                   $3,800
    65 or more....................................................                  $10,500                  $3,900.
    ----------------------------------------------------------------------------------------------------------------

        ``(e) Assessment Schedule.--The assessment of the parents' adjusted
    available income (as determined under subsection (b)(1) and hereafter
    in this subsection referred to as `AAI') is calculated based on the
    following table (as revised by the Secretary pursuant to section
    478(e)):

                        ``Parents' Contribution From AAI
    ------------------------------------------------------------------------
                                              Then the parents' contribution
            If the parents' AAI is--                  from AAI is--
    ------------------------------------------------------------------------
    Less than - $6,820.....................  - $1,500
    - $6,820 to $17,400....................  22% of AAI
     $17,401 to $21,800....................   $3,828 + 25% of AAI over
                                              $17,400
     $21,801 to $26,200....................   $4,928 + 29% of AAI over
                                              $21,800
     $26,201 to $30,700....................   $6,204 + 34% of AAI over
                                              $26,200
     $30,701 to $35,100....................   $7,734 + 40% of AAI over
                                              $30,700
     $35,101 or more.......................   $9,494 + 47% of AAI over
                                              $35,100.
    ------------------------------------------------------------------------

        ``(f) Consideration of Parental Income.--
                ``(1) Parents who live together.--Parental income and
            assets in the case of student whose parents are married and not
            separated, or who are unmarried but live together, shall
            include the income and assets of both parents.
                ``(2) Divorced or separated parents.--Parental income and
            assets for a student whose parents are divorced or separated,
            but not remarried, is determined by including only the income
            and assets of the parent who provides the greater portion of
            the student's financial support.
                ``(3) Death of a parent.--Parental income and assets in the
            case of the death of any parent is determined as follows:
                        ``(A) If either of the parents has died, the
                    surviving parent shall be considered a single parent,
                    until that parent has remarried.
                        ``(B) If both parents have died, the student shall
                    not report any parental income or assets.
                ``(4) Remarried parents.--If a parent whose income and
            assets are taken into account under paragraph (2), or if a
            parent who is a widow or widower and whose income is taken into
            account under paragraph (3), has remarried, the income of that
            parent's spouse shall be included in determining the parent's
            assessment of adjusted available income if the student's parent
            and the stepparent are married as of the date of application
            for the award year concerned.
                ``(5) Single parent who is not divorced or separated.--
            Parental income and assets in the case of a student whose
            parent is not described in paragraph (1) and is a single parent
            who is not divorced, separated, or remarried, shall include the
            income and assets of such single parent.
        ``(g) Student's Available Income.--
                ``(1) In general.--The student's available income is equal
            to--
                        ``(A) the difference between the student's total
                    income (determined in accordance with section 480) and
                    the adjustment to student income (determined in
                    accordance with paragraph (2)); multiplied by
                        ``(B) 50 percent.
                ``(2) Adjustment to student income.--The adjustment to
            student income is equal to the sum of--
                        ``(A) Federal income taxes;
                        ``(B) an allowance for payroll taxes determined in
                    accordance with paragraph (3);
                        ``(C) an income protection allowance that is equal
                    to $9,410, as adjusted pursuant to section 478(b); and
                        ``(D) an allowance for parents' negative available
                    income, determined in accordance with paragraph (4).
                ``(3) Allowance for payroll taxes.--The allowance for
            payroll taxes is equal to the sum of--
                        ``(A) the total amount earned by the student,
                    multiplied by the rate of tax under section 3101(b) of
                    the Internal Revenue Code of 1986; and
                        ``(B) the amount earned by the student that does
                    not exceed such contribution and benefit base for the
                    year of the earnings, multiplied by the rate of tax
                    applicable to such earnings under section 3101(a) of
                    the Internal Revenue Code of 1986.
                ``(4) Allowance for parents' negative available income.--
            The allowance for parents' negative available income is the
            amount, if any, by which the sum of the amounts deducted under
            subsection (c)(1) exceeds the sum of the parents' total income
            (as defined in section 480) and the parents' available assets
            (as determined in accordance with subsection (d)).
        ``(h) Student's Assets.--The student's assets are determined by
    calculating the assets of the student and multiplying such amount by 20
    percent, except that the result shall not be less than zero.''.
        (e) Student Aid Index for Independent Students Without Dependents
    Other Than a Spouse.--Section 476 of the Higher Education Act of 1965
    (20 U.S.C. 1087pp) is amended to read as follows:

    ``SEC. 476. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITHOUT
                  DEPENDENTS OTHER THAN A SPOUSE.

        ``(a) Computation of Student Aid Index.--
                ``(1) In general.--For each independent student without
            dependents other than a spouse, the student aid index is equal
            to (except as provided in paragraph (2)) the sum of--
                        ``(A) the family's available income (determined in
                    accordance with subsection (b)); and
                        ``(B) the family's available assets (determined in
                    accordance with subsection (c)).
                ``(2) Exception.--If the sum determined under paragraph (1)
            with respect to an independent student without dependents other
            than a spouse is less than - $1,500, the student aid index for
            the independent student shall be - $1,500.
        ``(b) Family's Available Income.--
                ``(1) In general.--The family's available income is
            determined by--
                        ``(A) deducting from total income (as defined in
                    section 480)--
                                ``(i) Federal income taxes;
                                ``(ii) an allowance for payroll taxes,
                            determined in accordance with paragraph (2);
                                ``(iii) an income protection allowance that
                            is equal to--
                                        ``(I) in the case of a single
                                    independent student without dependents,
                                    $14,630, as adjusted pursuant to
                                    section 478(b); and
                                        ``(II) in the case of a married
                                    independent student without dependents,
                                    $23,460, as adjusted pursuant to
                                    section 478(b); and
                                ``(iv) in the case of a married independent
                            student, an employment expense allowance, as
                            determined in accordance with paragraph (3);
                            and
                        ``(B) multiplying the amount determined under
                    subparagraph (A) by 50 percent.
                ``(2) Allowance for payroll taxes.--The allowance for
            payroll taxes is equal to the sum of--
                        ``(A) the total amount earned by the student (and
                    spouse, if appropriate), multiplied by the rate of tax
                    under section 3101(b) of the Internal Revenue Code of
                    1986; and
                        ``(B) the amount earned by the student (and spouse,
                    if appropriate) that does not exceed such contribution
                    and benefit base (twice such contribution and benefit
                    base, in the case of a joint return) for the year of
                    the earnings, multiplied by the rate of tax applicable
                    to such earnings under section 3101(a) of the Internal
                    Revenue Code of 1986.
                ``(3) Employment expense allowance.--The employment expense
            allowance is equal to the following:
                        ``(A) If the student is married, such allowance is
                    equal to the lesser of $4,000 or 35 percent of the
                    couple's combined earned income (as adjusted by the
                    Secretary pursuant to section 478(g)).
                        ``(B) If the student is not married, the employment
                    expense allowance is zero.
        ``(c) Family's Available Assets.--
                ``(1) In general.--
                        ``(A) Determination.--Except as provided in
                    subparagraph (B), the family's available assets are
                    equal to--
                                ``(i) the difference between the family's
                            assets (as defined in section 480(f)) and the
                            asset protection allowance (determined in
                            accordance with paragraph (2)); multiplied by
                                ``(ii) 20 percent.
                        ``(B) Not less than zero.--The family's available
                    assets under this subsection shall not be less than
                    zero.
                ``(2) Asset protection allowance.--The asset protection
            allowance is calculated based on the following table (as
            revised by the Secretary pursuant to section 478(d)):

                                 ``Asset Protection Allowances for Families and Students
    ----------------------------------------------------------------------------------------------------------------
                                                                                   And the student is
                                                                   -------------------------------------------------
                                                                            married                   single
                     If the age of the student is--                -------------------------------------------------
                                                                    then the allowance is--

    ----------------------------------------------------------------------------------------------------------------
    25 or less....................................................                       $0                       $0
    26............................................................                     $400                     $100
    27............................................................                     $700                     $300
    28............................................................                   $1,100                     $400
    29............................................................                   $1,500                     $600
    30............................................................                   $1,800                     $700
    31............................................................                   $2,200                     $800
    32............................................................                   $2,600                   $1,000
    33............................................................                   $2,900                   $1,100
    34............................................................                   $3,300                   $1,300
    35............................................................                   $3,700                   $1,400
    36............................................................                   $4,000                   $1,500
    37............................................................                   $4,400                   $1,700
    38............................................................                   $4,800                   $1,800
    39............................................................                   $5,100                   $2,000
    40............................................................                   $5,500                   $2,100
    41............................................................                   $5,600                   $2,200
    42............................................................                   $5,700                   $2,200
    43............................................................                   $5,900                   $2,300
    44............................................................                   $6,000                   $2,300
    45............................................................                   $6,200                   $2,400
    46............................................................                   $6,300                   $2,400
    47............................................................                   $6,500                   $2,500
    48............................................................                   $6,600                   $2,500
    49............................................................                   $6,800                   $2,600
    50............................................................                   $7,000                   $2,700
    51............................................................                   $7,100                   $2,700
    52............................................................                   $7,300                   $2,800
    53............................................................                   $7,500                   $2,900
    54............................................................                   $7,700                   $2,900
    55............................................................                   $7,900                   $3,000
    56............................................................                   $8,100                   $3,100
    57............................................................                   $8,400                   $3,100
    58............................................................                   $8,600                   $3,200
    59............................................................                   $8,800                   $3,300
    60............................................................                   $9,100                   $3,400
    61............................................................                   $9,300                   $3,500
    62............................................................                   $9,600                   $3,600
    63............................................................                   $9,900                   $3,700
    64............................................................                  $10,200                   $3,800
    65 or more....................................................                  $10,500                  $3,900.
    ----------------------------------------------------------------------------------------------------------------

        ``(d) Computations in Case of Separation, Divorce, or Death.--In
    the case of a student who is divorced or separated, or whose spouse has
    died, the spouse's income and assets shall not be considered in
    determining the family's available income or assets.''.
        (f) Student Aid Index for Independent Students With Dependents
    Other Than a Spouse.--Section 477 of the Higher Education Act of 1965
    (20 U.S.C. 1087qq) is amended to read as follows:

    ``SEC. 477. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITH DEPENDENTS
                  OTHER THAN A SPOUSE.

        ``(a) Computation of Student Aid Index.--
                ``(1) In general.--For each independent student with
            dependents other than a spouse, the student aid index is equal
            to the amount determined by--
                        ``(A) computing adjusted available income by
                    adding--
                                ``(i) the family's available income
                            (determined in accordance with subsection (b));
                            and
                                ``(ii) the family's available assets
                            (determined in accordance with subsection (c));
                        ``(B) assessing such adjusted available income in
                    accordance with an assessment schedule set forth in
                    subsection (d); and
                        ``(C) considering such assessment resulting under
                    subparagraph (B) as the amount determined under this
                    subsection.
                ``(2) Exception.--If the sum determined under paragraph (1)
            with respect to an independent student with dependents other
            than a spouse is less than - $1,500, the student aid index for
            the independent student shall be - $1,500.
        ``(b) Family's Available Income.--
                ``(1) In general.--The family's available income is
            determined by deducting from total income (as defined in
            section 480)--
                        ``(A) Federal income taxes;
                        ``(B) an allowance for payroll taxes, determined in
                    accordance with paragraph (2);
                        ``(C) an income protection allowance, determined in
                    accordance with paragraph (3); and
                        ``(D) an employment expense allowance, determined
                    in accordance with paragraph (4).
                ``(2) Allowance for payroll taxes.--The allowance for
            payroll taxes is equal to the sum of--
                        ``(A) the total amount earned by the student (and
                    spouse, if appropriate), multiplied by the rate of tax
                    under section 3101(b) of the Internal Revenue Code of
                    1986; and
                        ``(B) the amount earned by the student (and spouse,
                    if appropriate) that does not exceed such contribution
                    and benefit base (twice such contribution and benefit
                    base, in the case of a joint return) for the year of
                    the earnings, multiplied by the rate of tax applicable
                    to such earnings under section 3101(a) of the Internal
                    Revenue Code of 1986.
                ``(3) Income protection allowance.--The income protection
            allowance shall equal the amount determined in the following
            table, as adjusted by the Secretary pursuant to section 478(b):
                        ``(A) In the case of a married independent student
                    with dependents:

         ``Income Protection Allowance (to be adjusted for 2023-2024 and
                                succeeding years)
    ------------------------------------------------------------------------
                  Family Size (including student)                   Amount
    ------------------------------------------------------------------------
    3..........................................................      $46,140
    4..........................................................      $56,970
    5..........................................................      $67,230
    6..........................................................      $78,620
    For each additional add....................................      $8,880.
    ------------------------------------------------------------------------

                        ``(B) In the case of a single independent student
                    with dependents:

         ``Income Protection Allowance (to be adjusted for 2023-2024 and
                                succeeding years)
    ------------------------------------------------------------------------
                  Family Size (including student)                   Amount
    ------------------------------------------------------------------------
    2..........................................................      $43,920
    3..........................................................      $54,690
    4..........................................................      $67,520
    5..........................................................      $79,680
    6..........................................................      $93,180
    For each additional add....................................     $10,530.
    ------------------------------------------------------------------------

                ``(4) Employment expense allowance.--The employment expense
            allowance is equal to the lesser of $4,000 or 35 percent of the
            student's earned income or the combined earned income of the
            student and the student's spouse, if applicable (as adjusted by
            the Secretary pursuant to section 478(g)).
        ``(c) Family's Available Assets.--
                ``(1) In general.--
                        ``(A) Determination.--Except as provided in
                    subparagraph (B), the family's available assets are
                    equal to--
                                ``(i) the difference between the family's
                            assets (as defined in 480(f)) and the asset
                            protection allowance (determined in accordance
                            with paragraph (2)); multiplied by
                                ``(ii) 7 percent.
                        ``(B) Not less than zero.--The family's available
                    assets under this subsection shall not be less than
                    zero.
                ``(2) Asset protection allowance.--The asset protection
            allowance is calculated based on the following table (as
            revised by the Secretary pursuant to section 478(d)):

                                 ``Asset Protection Allowances for Families and Students
    ----------------------------------------------------------------------------------------------------------------
                                                                                   And the student is
                                                                   -------------------------------------------------
                                                                            married                   single
                     If the age of the student is--                -------------------------------------------------
                                                                    then the allowance is--

    ----------------------------------------------------------------------------------------------------------------
    25 or less....................................................                       $0                       $0
    26............................................................                     $400                     $100
    27............................................................                     $700                     $300
    28............................................................                   $1,100                     $400
    29............................................................                   $1,500                     $600
    30............................................................                   $1,800                     $700
    31............................................................                   $2,200                     $800
    32............................................................                   $2,600                   $1,000
    33............................................................                   $2,900                   $1,100
    34............................................................                   $3,300                   $1,300
    35............................................................                   $3,700                   $1,400
    36............................................................                   $4,000                   $1,500
    37............................................................                   $4,400                   $1,700
    38............................................................                   $4,800                   $1,800
    39............................................................                   $5,100                   $2,000
    40............................................................                   $5,500                   $2,100
    41............................................................                   $5,600                   $2,200
    42............................................................                   $5,700                   $2,200
    43............................................................                   $5,900                   $2,300
    44............................................................                   $6,000                   $2,300
    45............................................................                   $6,200                   $2,400
    46............................................................                   $6,300                   $2,400
    47............................................................                   $6,500                   $2,500
    48............................................................                   $6,600                   $2,500
    49............................................................                   $6,800                   $2,600
    50............................................................                   $7,000                   $2,700
    51............................................................                   $7,100                   $2,700
    52............................................................                   $7,300                   $2,800
    53............................................................                   $7,500                   $2,900
    54............................................................                   $7,700                   $2,900
    55............................................................                   $7,900                   $3,000
    56............................................................                   $8,100                   $3,100
    57............................................................                   $8,400                   $3,100
    58............................................................                   $8,600                   $3,200
    59............................................................                   $8,800                   $3,300
    60............................................................                   $9,100                   $3,400
    61............................................................                   $9,300                   $3,500
    62............................................................                   $9,600                   $3,600
    63............................................................                   $9,900                   $3,700
    64............................................................                  $10,200                   $3,800
    65 or more....................................................                  $10,500                  $3,900.
    ----------------------------------------------------------------------------------------------------------------

        ``(d) Assessment Schedule.--The assessment of adjusted available
    income (as determined under subsection (a)(1) and hereafter in this
    subsection referred to as `AAI') is calculated based on the following
    table (as revised by the Secretary pursuant to section 478(e)):

                   ``Assessment From Adjusted Available Income
    ------------------------------------------------------------------------
                  If AAI is--                    Then the assessment is--
    ------------------------------------------------------------------------
    Less than - $6,820.....................  - $1,500
    - $6,820 to $17,400....................  22% of AAI
     $17,401 to $21,800....................   $3,828 + 25% of AAI over
                                              $17,400
     $21,801 to $26,200....................   $4,928 + 29% of AAI over
                                              $21,800
     $26,201 to $30,700....................   $6,204 + 34% of AAI over
                                              $26,200
     $30,701 to $35,100....................   $7,734 + 40% of AAI over
                                              $30,700
     $35,101 or more.......................   $9,494 + 47% of AAI over
                                              $35,100.
    ------------------------------------------------------------------------

        ``(e) Computations in Case of Separation, Divorce, or Death.--In
    the case of a student who is divorced or separated, or whose spouse has
    died, the spouse's income and assets shall not be considered in
    determining the family's available income or assets.''.
        (g) Regulations; Updated Tables.--Section 478 of the Higher
    Education Act of 1965 (20 U.S.C. 1087rr) is amended to read as follows:

    ``SEC. 478. REGULATIONS; UPDATED TABLES.

        ``(a) Authority To Prescribe Regulations Restricted.--
    Notwithstanding any other provision of law, the Secretary shall not
    have the authority to prescribe regulations to carry out this part
    except--
                ``(1) to prescribe updated tables in accordance with
            subsections (b) through (g); and
                ``(2) with respect to the definition of cost of attendance
            under section 472, excluding section 472(a)(1).
        ``(b) Income Protection Allowance Adjustments.--For award year
    2023-2024 and each subsequent award year, the Secretary shall publish
    in the Federal Register revised income protection allowances for the
    purposes of subsections (c)(3) and (g)(2)(C) of section 475, subclauses
    (I) and (II) of section 476(b)(1)(A)(iii), and section 477(b)(3), by
    increasing the income protection allowances in each of such provisions,
    by a percentage equal to the percentage increase in the Consumer Price
    Index, as defined in subsection (f), between April 2020 and the April
    in the year prior to the beginning of the award year and rounding the
    result to the nearest $10.
        ``(c) Adjusted Net Worth of a Farm or Business.--
                ``(1) Table.--The table of the net worth of a farm or
            business for purposes of making determinations of assets as
            defined under section 480(f) is the following:

                      ``Farm/Business Net Worth Adjustment
    ------------------------------------------------------------------------
     If the net worth of a farm or business  Then the adjusted net worth is--
                      is--
    ------------------------------------------------------------------------
    Less than $1...........................   $0
     $1 to $140,000........................  40% of net worth of farm/
                                              business
     $140,001 to $415,000..................   $56,000 + 50% of net worth
                                              over $140,000
     $415,001 to $695,000..................   $193,500 + 60% of net worth
                                              over $415,000
     $695,001 or more......................   $361,500 + 100% of net worth
                                              over $695,000.
    ------------------------------------------------------------------------

                ``(2) Revised tables.--For award year 2023-2024 and each
            subsequent award year, the Secretary shall publish in the
            Federal Register a revised table of the adjusted net worth of a
            farm or business for purposes of section 480(f). Such revised
            table shall be developed--
                        ``(A) by increasing each dollar amount that refers
                    to net worth of a farm or business by a percentage
                    equal to the percentage increase in the Consumer Price
                    Index between April 2020 and the April in the year
                    prior to the beginning of such award year, and rounding
                    the result to the nearest $5,000; and
                        ``(B) by adjusting the dollar amounts in the column
                    referring to the adjusted net worth to reflect the
                    changes made pursuant to subparagraph (A).
        ``(d) Asset Protection Allowance.--For award year 2023-2024 and
    each subsequent award year, the Secretary shall publish in the Federal
    Register a revised table of allowances for the purpose of sections
    475(d)(2), 476(c)(2), and 477(c)(2). Such revised table shall be
    developed by determining the present value cost, rounded to the nearest
    $100, of an annuity that would provide, for each age cohort of 40 and
    above, a supplemental income at age 65 (adjusted for inflation) equal
    to the difference between the moderate family income (as most recently
    determined by the Bureau of Labor Statistics), and the current average
    social security retirement benefits. For each age cohort below 40, the
    allowance shall be computed by decreasing the allowance for age 40, as
    updated, by one-fifteenth for each year of age below age 40 and
    rounding the result to the nearest $100. In making such
    determinations--
                ``(1) the tables of allowances specified in sections
            475(d)(2), 476(c)(2), and 477(c)(2) shall be considered to be
            for award year 2021-2022 for the purposes of calculating
            inflation;
                ``(2) inflation shall be presumed to be 6 percent per year;
                ``(3) the rate of return of an annuity shall be presumed to
            be 8 percent; and
                ``(4) the sales commission on an annuity shall be presumed
            to be 6 percent.
        ``(e) Assessment Schedules and Rates.--For award year 2023-2024 and
    each subsequent award year, the Secretary shall publish in the Federal
    Register a revised table of assessments from adjusted available income
    for the purpose of sections 475(e) and 477(d). Such revised table shall
    be developed--
                ``(1) by increasing each dollar amount that refers to
            adjusted available income by a percentage equal to the
            percentage increase in the Consumer Price Index between April
            2020 and the April in the year prior to the beginning of such
            academic year, rounded to the nearest $100; and
                ``(2) by adjusting the other dollar amounts to reflect the
            changes made pursuant to paragraph (1).
        ``(f) Consumer Price Index Defined.--In this section, the term
    `Consumer Price Index' means the Consumer Price Index for All Urban
    Consumers published by the Department of Labor. Each annual update of
    tables to reflect changes in the Consumer Price Index shall be
    corrected for misestimation of actual changes in such Index in previous
    years.
        ``(g) Employment Expense Allowance.--For award year 2023-2024 and
    each succeeding award year, the Secretary shall publish in the Federal
    Register a revised table of employment expense allowances for the
    purpose of sections 475(c)(4), 476(b)(3), and 477(b)(4). Such revised
    table shall be developed by increasing the dollar amount specified in
    sections 475(c)(4), 476(b)(3), and 477(b)(4) by a percentage equal to
    the percentage increase in the Consumer Price Index, as defined in
    subsection (f), between April 2020 and the April in the year prior to
    the beginning of the award year and rounding the result to the nearest
    $10.
        ``(h) Clarification for Award Year 2023-2024.--For award year 2023-
    2024, the Secretary shall determine adjusted amounts and prescribe
    revised tables with respect to the income protection, employment
    expense, and asset protection allowances and the assessment schedules
    under sections 475, 476, and 477, pursuant to this section. The amounts
    and tables specified in sections 475, 476, and 477 with respect to such
    allowances and schedules shall only be used by the Secretary as a
    baseline for adjustments and table revisions prescribed in accordance
    with this section.''.
        (h) Applicants Exempt From Asset Reporting.--Section 479 of the
    Higher Education Act of 1965 (20 U.S.C. 1087ss) is amended to read as
    follows:

    ``SEC. 479. ELIGIBLE APPLICANTS EXEMPT FROM ASSET REPORTING.

        ``(a) In General.--Notwithstanding any other provision of law, this
    section shall be effective for each individual seeking to apply for
    Federal financial aid under this title, as part of the simplified
    application for Federal student financial aid under section 483, on or
    after July 1, 2023.
        ``(b) Applicants Exempt From Asset Reporting.--
                ``(1) In general.--Except as provided in paragraph (3), in
            carrying out section 483, the Secretary shall not use asset
            information from an eligible applicant or, as applicable, the
            parent or spouse of an eligible applicant.
                ``(2) Eligible applicants.--In this subsection, the term
            `eligible applicant' means an applicant who meets at least one
            of the following criteria:
                        ``(A) Is an applicant who qualifies for an
                    automatic zero student aid index or negative student
                    aid index under subsection (b) or (c) of section 473.
                        ``(B) Is an applicant who is a dependent student
                    and the student's parents have a total adjusted gross
                    income (excluding any income of the dependent student)
                    that is less than $60,000 and do not file a Schedule A,
                    B, D, E, F, or H (or equivalent successor schedules)
                    with the Federal income tax return for the second
                    preceding tax year, and--
                                ``(i) do not file a Schedule C (or the
                            equivalent successor schedule) with the Federal
                            income tax return for the second preceding tax
                            year; or
                                ``(ii) file a Schedule C (or the equivalent
                            successor schedule) with net business income of
                            not more than a $10,000 loss or gain with the
                            Federal income tax return for the second
                            preceding tax year.
                        ``(C) Is an applicant who is an independent student
                    and the student (including the student's spouse, if
                    any) has a total adjusted gross income that is less
                    than $60,000 and does not file a Schedule A, B, D, E,
                    F, or H (or equivalent successor schedules), with the
                    Federal income tax return for the second preceding tax
                    year, and--
                                ``(i) does not file a Schedule C (or the
                            equivalent successor schedule) with the Federal
                            income tax return for the second preceding tax
                            year; or
                                ``(ii) files a Schedule C (or the
                            equivalent successor schedule) with net
                            business income of not more than a $10,000 loss
                            or gain with the Federal income tax return for
                            the second preceding tax year.
                        ``(D) Is an applicant who, at any time during the
                    previous 24-month period, received a benefit under a
                    means-tested Federal benefit program (or whose parent
                    or spouse received such a benefit, as applicable).
                ``(3) Special rule.--An eligible applicant shall not be
            exempt from asset reporting under this section if the applicant
            is a dependent student and the students' parents do not--
                        ``(A) reside in the United States or a United
                    States territory; or
                        ``(B) file taxes in the United States or a United
                    States territory, except if such nonfiling is due to
                    not being required to file a Federal tax return for the
                    applicable tax year due to a low income.
                ``(4) Definitions.--In this section:
                        ``(A) Schedule a.--The term `Schedule A' means a
                    form or information by a taxpayer to report itemized
                    deductions.
                        ``(B) Schedule b.--The term `Schedule B' means a
                    form or information filed by a taxpayer to report
                    interest and ordinary dividend income.
                        ``(C) Schedule c.--The term `Schedule C' means a
                    form or information filed by a taxpayer to report
                    income or loss from a business operated or a profession
                    practiced as a sole proprietor.
                        ``(D) Schedule d .--The term `Schedule D' means a
                    form or information filed by a taxpayer to report
                    sales, exchanges or some involuntary conversions of
                    capital assets, certain capital gain distributions, and
                    nonbusiness bad debts.
                        ``(E) Schedule e .--The term `Schedule E' means a
                    form or information filed by a taxpayer to report
                    income from rental properties, royalties, partnerships,
                    S corporations, estates, trusts, and residual interests
                    in real estate mortgage investment conduits.
                        ``(F) Schedule f.--The term `Schedule F' means a
                    form or information filed by a taxpayer to report farm
                    income and expenses.
                        ``(G) Schedule h.--The term `Schedule H' means a
                    form or information filed by a taxpayer to report
                    household employment taxes.
                        ``(H) Means-tested federal benefit program.--The
                    term `means-tested Federal benefit program' means any
                    of the following:
                                ``(i) The supplemental security income
                            program under title XVI of the Social Security
                            Act (42 U.S.C. 1381 et seq.).
                                ``(ii) The supplemental nutrition
                            assistance program under the Food and Nutrition
                            Act of 2008 (7 U.S.C. 2011 et seq.), a
                            nutrition assistance program carried out under
                            section 19 of such Act (7 U.S.C. 2028), and a
                            supplemental nutrition assistance program
                            carried out under section 3(c) of the Act
                            entitled `An Act to authorize appropriations
                            for certain insular areas of the United States,
                            and for other purposes' (Public Law 95-348).
                                ``(iii) The program of block grants for
                            States for temporary assistance for needy
                            families established under part A of title IV
                            of the Social Security Act (42 U.S.C. 601 et
                            seq.).
                                ``(iv) The special supplemental nutrition
                            program for women, infants, and children
                            established by section 17 of the Child
                            Nutrition Act of 1966 (42 U.S.C. 1786).
                                ``(v) The Medicaid program under title XIX
                            of the Social Security Act (42 U.S.C. 1396 et
                            seq.).
                                ``(vi) Federal housing assistance programs,
                            including tenant-based assistance under section
                            8(o) of the United States Housing Act of 1937
                            (42 U.S.C. 1437f(o)), and public housing, as
                            defined in section 3(b)(1) of such Act (42
                            U.S.C. 1437a(b)(1)).
                                ``(vii) Other means-tested programs
                            determined by the Secretary to be approximately
                            consistent with the income eligibility
                            requirements of the means-tested programs under
                            clauses (i) through (vi).''.
        (i) Discretion of Student Financial Aid Administrators.--Section
    479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) is amended
    to read as follows:

    ``SEC. 479A. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.

        ``(a) In General.--
                ``(1) Authority of financial aid administrators.--A
            financial aid administrator shall have the authority to, on the
            basis of adequate documentation, make adjustments to any or all
            of the following on a case-by-case basis:
                        ``(A) For an applicant with special circumstances
                    under subsection (b) to--
                                ``(i) the cost of attendance;
                                ``(ii) the values of the data used to
                            calculate the student aid index; or
                                ``(iii) the values of the data used to
                            calculate the Federal Pell Grant award.
                        ``(B) For an applicant with unusual circumstances
                    under subsection (c), to the dependency status of such
                    applicant.
                ``(2) Limitations on authority.--
                        ``(A) Use of authority.--No institution of higher
                    education or financial aid administrator shall maintain
                    a policy of denying all requests for adjustments under
                    this section.
                        ``(B) No additional fee.--No student or parent
                    shall be charged a fee for a documented interview of
                    the student by the financial aid administrator or for
                    the review of a student or parent's request for
                    adjustments under this section including the review of
                    any supplementary information or documentation of a
                    student or parent's special circumstances or a
                    student's unusual circumstances.
                        ``(C) Rule of construction.--The authority to make
                    adjustments under paragraph (1)(A) shall not be
                    construed to permit financial aid administrators to
                    deviate from the cost of attendance, the values of data
                    used to calculate the student aid index or the values
                    of data used to calculate the Federal Pell Grant award
                    (or both) for awarding aid under this title in the
                    absence of special circumstances.
                ``(3) Adequate documentation.--Adequate documentation for
            adjustments under this section must substantiate the special
            circumstances or unusual circumstances of an individual
            student, and may include, to the extent relevant and
            appropriate--
                        ``(A) a documented interview between the student
                    and the financial aid administrator;
                        ``(B) for the purposes of determining that a
                    student qualifies for an adjustment under paragraph
                    (1)(B)--
                                ``(i) submission of a court order or
                            official Federal or State documentation that
                            the student or the student's parents or legal
                            guardians are incarcerated in any Federal or
                            State penal institution;
                                ``(ii) a documented phone call or a written
                            statement, which confirms the specific unusual
                            circumstances with--
                                        ``(I) a child welfare agency
                                    authorized by a State or county;
                                        ``(II) a Tribal welfare authority
                                    or agency;
                                        ``(III) an independent living case
                                    worker, such as a case worker who
                                    supports current and former foster
                                    youth with the transition to adulthood;
                                    or
                                        ``(IV) a public or private agency,
                                    facility, or program servicing the
                                    victims of abuse, neglect, assault, or
                                    violence, which may include domestic
                                    violence;
                                ``(iii) a documented phone call or a
                            written statement from an attorney, a guardian
                            ad litem, or a court-appointed special
                            advocate, or a person serving in a similar
                            capacity which confirms the specific unusual
                            circumstances and documents the person's
                            relationship to the student;
                                ``(iv) a documented phone call or written
                            statement from a representative under chapter 1
                            or 2 of subpart 2 of part A, which confirms the
                            specific unusual circumstances and documents
                            the representative's relationship to the
                            student;
                                ``(v) documents, such as utility bills or
                            health insurance documentation, that
                            demonstrate a separation from parents or legal
                            guardians; and
                                ``(vi) in the absence of documentation
                            described in this subparagraph, other
                            documentation the financial aid administrator
                            determines is adequate to confirm the unusual
                            circumstances, pursuant to section 480(d)(9);
                            and
                        ``(C) supplementary information, as necessary,
                    about the financial status or personal circumstances of
                    eligible applicants as it relates to the special
                    circumstances or unusual circumstances based on which
                    the applicant is requesting an adjustment.
                ``(4) Special rule.--In making adjustments under paragraph
            (1), a financial aid administrator may offer a dependent
            student financial assistance under a Federal Direct
            Unsubsidized Stafford Loan without requiring the parents of
            such student to provide their parent information on the Free
            Application for Federal Student Aid if the student does not
            qualify for, or does not choose to use, the unusual
            circumstance option described in section 480(d)(9), and the
            financial aid administrator determines that the parents of such
            student ended financial support of such student or refuse to
            file such form.
                ``(5) Public disclosure.--Each institution of higher
            education shall make publicly available information that
            students applying for aid under this title have the opportunity
            to pursue adjustments under this section.
        ``(b) Adjustments for Students With Special Circumstances.--
                ``(1) Special circumstances for adjustments related to pell
            grants.--Special circumstances for adjustments to calculate a
            Federal Pell Grant award--
                        ``(A) shall be conditions that differentiate an
                    individual student from a group of students rather than
                    conditions that exist across a group of students; and
                        ``(B) may include--
                                ``(i) recent unemployment of a family
                            member or student;
                                ``(ii) a student or family member who is a
                            dislocated worker (as defined in section 3 of
                            the Workforce Innovation and Opportunity Act);
                                ``(iii) a change in housing status that
                            results in an individual being a homeless
                            youth;
                                ``(iv) an unusual amount of claimed losses
                            against income on the Federal tax return that
                            substantially lower adjusted gross income, such
                            as business, investment, or real estate losses;
                                ``(v) receipt of foreign income of
                            permanent residents or United States citizens
                            exempt from Federal taxation, or the foreign
                            income for which a permanent resident or
                            citizen received a foreign tax credit;
                                ``(vi) in the case of an applicant who does
                            not qualify for the exemption from asset
                            reporting under section 479, assets as defined
                            in section 480(f); or
                                ``(vii) other changes or adjustments in the
                            income, assets, or size of a family, or a
                            student's dependency status.
                ``(2) Special circumstances for adjustments related to cost
            of attendance and student aid index.--Special circumstances for
            adjustments to the cost of attendance or the values of the data
            used to calculate the student aid index--
                        ``(A) shall be conditions that differentiate an
                    individual student from a group of students rather than
                    conditions that exist across a group of students,
                    except as provided in sections 479B and 479C; and
                        ``(B) may include--
                                ``(i) tuition expenses at an elementary
                            school or secondary school;
                                ``(ii) medical, dental, or nursing home
                            expenses not covered by insurance;
                                ``(iii) child care or dependent care costs
                            not covered by the dependent care cost
                            allowance calculated in accordance with section
                            472;
                                ``(iv) recent unemployment of a family
                            member or student;
                                ``(v) a student or family member who is a
                            dislocated worker (as defined in section 3 of
                            the Workforce Innovation and Opportunity Act);
                                ``(vi) the existence of additional family
                            members enrolled in a degree, certificate, or
                            other program leading to a recognized
                            educational credential at an institution with a
                            program participation agreement under section
                            487;
                                ``(vii) a change in housing status that
                            results in an individual being a homeless
                            youth;
                                ``(viii) a condition of severe disability
                            of the student, or in the case of a dependent
                            student, the dependent student's parent or
                            guardian, or in the case of an independent
                            student, the independent student's dependent or
                            spouse;
                                ``(ix) unusual amount of claimed losses
                            against income on the Federal tax return that
                            substantially lower adjusted gross income, such
                            as business, investment, or real estate losses;
                            or
                                ``(x) other changes or adjustments in the
                            income, assets, or size of a family, or a
                            student's dependency status.
        ``(c) Unusual Circumstances Adjustments.--
                ``(1) In general.--Unusual circumstances for adjustments to
            the dependency status of an applicant shall be--
                        ``(A) conditions that differentiate an individual
                    student from a group of students; and
                        ``(B) based on unusual circumstances, pursuant to
                    section 480(d)(9).
                ``(2) Provisional independent students.--
                        ``(A) Requirements for the secretary.--The
                    Secretary shall--
                                ``(i) enable each student who, based on an
                            unusual circumstance described in section
                            480(d)(9), may qualify for an adjustment under
                            subsection (a)(1)(B) that will result in a
                            determination of independence under this
                            section or section 479D to complete the Free
                            Application for Federal Student Aid as an
                            independent student for the purpose of a
                            provisional determination of the student's
                            Federal financial aid award, with the final
                            determination of the award subject to the
                            documentation requirements of subsection
                            (a)(3);
                                ``(ii) upon completion of the Free
                            Application for Federal Student Aid provide an
                            estimate of the student's Federal Pell Grant
                            award, and other information as specified in
                            section 483(a)(3)(A), based on the assumption
                            that the student is determined to be an
                            independent student; and
                                ``(iii) specify, on the Free Application
                            for Federal Student Aid, the consequences under
                            section 490(a) of knowingly and willfully
                            completing the Free Application for Federal
                            Student Aid as an independent student under
                            clause (i) without meeting the unusual
                            circumstances to qualify for such a
                            determination.
                        ``(B) Requirements for financial aid
                    administrators.--With respect to a student accepted for
                    admission who completes the Free Application for
                    Federal Student Aid as an independent student under
                    subparagraph (A), a financial aid administrator shall--
                                ``(i) notify the student of the
                            institutional process, requirements, and
                            timeline for an adjustment under this section
                            and section 480(d)(9) that will result in a
                            review of the student's request for an
                            adjustment and a determination of the student's
                            dependency status under such sections within a
                            reasonable time after the student completes the
                            Free Application for Federal Student Aid;
                                ``(ii) provide the student a final
                            determination of the student's dependency
                            status and Federal financial aid award as soon
                            as practicable after all requested
                            documentation is provided;
                                ``(iii) retain all documents related to the
                            adjustment under this section and section
                            480(d)(9), including documented interviews, for
                            at least the duration of the student's
                            enrollment, and shall abide by all other record
                            keeping requirements of this Act; and
                                ``(iv) presume that any student who has
                            obtained an adjustment under this section and
                            section 480(d)(9) and a final determination of
                            independence for any preceding award year at an
                            institution of higher education to be
                            independent for each subsequent award year at
                            the same institution unless--
                                        ``(I) the student informs the
                                    institution that circumstances have
                                    changed; or
                                        ``(II) the institution has specific
                                    conflicting information about the
                                    student's independence.
                        ``(C) Eligibility.--If a student pursues
                    provisional independent student status and is not
                    determined to be an independent student by a financial
                    aid administrator, such student shall only be eligible
                    for a Federal Direct Unsubsidized Stafford Loan for
                    that award year unless such student subsequently
                    completes the Free Application for Federal Student Aid
                    as a dependent student.
        ``(d) Adjustments to Assets or Income Taken Into Account.--A
    financial aid administrator shall be considered to be making a
    necessary adjustment in accordance with this section if--
                ``(1) the administrator makes adjustments excluding from
            family income or assets any proceeds or losses from a sale of
            farm or business assets of a family if such sale results from a
            voluntary or involuntary foreclosure, forfeiture, or bankruptcy
            or a voluntary or involuntary liquidation; or
                ``(2) the administrator makes adjustments for a condition
            of disability of a student, or in the case of a dependent
            student, the dependent student's parent or guardian, or in the
            case of an independent student, the independent student's
            dependent or spouse, so as to take into consideration the
            additional costs incurred as a result of such disability.
        ``(e) Refusal or Adjustment of Loan Certifications.--On a case-by-
    case basis, an eligible institution may refuse to use the authority
    provided under this section, certify a statement that permits a student
    to receive a loan under part D, certify a loan amount, or make a loan
    that is less than the student's determination of need (as determined
    under this part), if the reason for the action is documented and
    provided in writing to the student. No eligible institution shall
    discriminate against any borrower or applicant in obtaining a loan on
    the basis of race, ethnicity, national origin, religion, sex, marital
    status, age, or disability status.
        ``(f) Special Rule Regarding Professional Judgment During a
    Disaster, Emergency, or Economic Downturn.--
                ``(1) In general.--For the purposes of making a
            professional judgment under this section, financial aid
            administrators may, during a qualifying emergency--
                        ``(A) determine that the income earned from work
                    for an applicant is zero, if the applicant can provide
                    paper or electronic documentation of receipt of
                    unemployment benefits or confirmation that an
                    application for unemployment benefits was submitted;
                    and
                        ``(B) make additional appropriate adjustments to
                    the income earned from work for a student, parent, or
                    spouse, as applicable, based on the totality of the
                    family's situation, including consideration of
                    unemployment benefits.
                ``(2) Documentation.--For the purposes of documenting
            unemployment under paragraph (1), documentation shall be
            accepted if such documentation is submitted not more than 90
            days from the date on which such documentation was issued,
            except if a financial aid administrator knows that the student,
            parent, or spouse, as applicable, has already obtained other
            employment.
                ``(3) Program reviews.--The Secretary shall make
            adjustments to the model used to select institutions of higher
            education participating under this title for program reviews in
            order to account for any rise in the use of professional
            judgment under this section during the award years applicable
            to the qualifying emergency, as determined by the Secretary.
                ``(4) Qualifying emergency.--In this subsection, the term
            `qualifying emergency' means--
                        ``(A) an event for which the President declared a
                    major disaster or an emergency under section 401 or
                    501, respectively, of the Robert T. Stafford Disaster
                    Relief and Emergency Assistance Act (42 U.S.C. 5170 and
                    5191);
                        ``(B) a national emergency related to the
                    coronavirus declared by the President under section 201
                    of the National Emergencies Act (50 U.S.C. 1601 et
                    seq.); or
                        ``(C) a period of recession or economic downturn as
                    determined by the Secretary, in consultation with the
                    Secretary of Labor.''.
        (j) Disregard of Student Aid in Other Programs.--Section 479B of
    the Higher Education Act of 1965 (20 U.S.C. 1087uu) is amended to read
    as follows:

    ``SEC. 479B. DISREGARD OF STUDENT AID IN OTHER PROGRAMS.

        ``Notwithstanding any other provision of law, student financial
    assistance received under this title, Bureau of Indian Education
    student assistance programs, and employment and training programs under
    section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C.
    3174 et. seq.) shall not be taken into account in determining the need
    or eligibility of any person for benefits or assistance, or the amount
    of such benefits or assistance, under any Federal, State, or local
    program financed in whole or in part with Federal funds.''.
        (k) Native American Students.--Section 479C of the Higher Education
    Act of 1965 (20 U.S.C. 1087uu-1) is amended to read as follows:

    ``SEC. 479C. NATIVE AMERICAN STUDENTS.

        ``(a) In General.--In determining the student aid index for Native
    American students, computations performed pursuant to this part shall
    exclude--
                ``(1) any income and assets of $2,000 or less per
            individual payment received by the student (and spouse) and
            student's parents under Public Law 98-64 (25 U.S.C. 117a et
            seq.; 97 Stat. 365) (commonly known as the `Per Capita Act') or
            the Indian Tribal Judgment Funds Use or Distribution Act (25
            U.S.C. 1401 et seq.); and
                ``(2) any income received by the student (and spouse) and
            student's parents under the Alaska Native Claims Settlement Act
            (43 U.S.C. 1601 et seq.) or the Maine Indian Claims Settlement
            Act of 1980 (25 U.S.C. 1721 et seq.).
        ``(b) Guidance.--The Secretary shall develop guidance, in
    consultation with Tribal Colleges and Universities (as defined in
    section 316) and the State higher education agency in Alaska and Maine,
    to implement the determination under subsection (a) without adding
    additional questions to the FAFSA, including through the use of the
    authority under section 479A.''.
        (l) Special Rules for Independent Students.--Part F of title IV of
    the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.) is further
    amended--
                (1) by inserting after section 479C the following:

    ``SEC. 479D. SPECIAL RULES FOR INDEPENDENT STUDENTS.

        ``(a) Determination Process for Unaccompanied Homeless Youth.--In
    making a determination of independence under section 480(d)(8), a
    financial aid administrator shall comply with the following:
                ``(1) Consider documentation of the student's circumstance
            to be adequate in the absence of documented conflicting
            information, if such documentation is provided through a
            documented phone call, written statement, or verifiable
            electronic data match by--
                        ``(A) a local educational agency homeless liaison,
                    designated pursuant to section 722(g)(1)(J)(ii) of the
                    McKinney-Vento Homeless Assistance Act (42 U.S.C.
                    11432(g)(1)(J)(ii)) or a designee of the liaison;
                        ``(B) the director of an emergency or transitional
                    shelter, street outreach program, homeless youth drop-
                    in center, or other program serving individuals who are
                    experiencing homelessness, or a designee of the
                    director;
                        ``(C) the director of a project supported by a
                    Federal TRIO program or a Gaining Early Awareness and
                    Readiness for Undergraduate program grant under chapter
                    1 or 2 of subpart 2 of part A, or a designee of the
                    director; or
                        ``(D) a financial aid administrator at another
                    institution who documented the student's circumstance
                    in a prior award year.
                ``(2) If a student is unable to provide documentation from
            any individual described in paragraph (1), make a case-by-case
            determination, which shall be--
                        ``(A) based on a written statement from, or a
                    documented interview with, the student that confirms
                    that the student is an unaccompanied homeless youth, or
                    unaccompanied, at risk of homelessness, and self-
                    supporting; and
                        ``(B) made without regard to the reasons that the
                    student is an unaccompanied homeless youth, or
                    unaccompanied, at risk of homelessness, and self-
                    supporting.
                ``(3) Consider a determination made under this subsection
            as distinct from a determination of independence under section
            480(d)(9).
        ``(b) Documentation Process for Foster Care Youth.--If an
    institution requires that a student provide documentation that the
    student was in foster care when the student was age 13 or older, a
    financial aid administrator shall consider any of the following as
    adequate documentation, in the absence of documented conflicting
    information:
                ``(1) Submission of a court order or official State
            documentation that the student received Federal or State
            support in foster care.
                ``(2) A documented phone call, written statement, or
            verifiable electronic data match, which confirms the student
            was in foster care at an applicable age, from--
                        ``(A) a State, county, or tribal agency
                    administering a program under part B or E of title IV
                    of the Social Security Act (42 U.S.C. 621 et seq. and
                    670 et seq.);
                        ``(B) a State Medicaid agency; or
                        ``(C) a public or private foster care placing
                    agency or foster care facility or placement.
                ``(3) A documented phone call or a written statement from
            an attorney, a guardian ad litem, or a Court Appointed Special
            Advocate that confirms that the student was in foster care at
            an applicable age and documents the person's relationship to
            the student.
                ``(4) Verification of the student's eligibility for an
            education and training voucher under the John H. Chafee Foster
            Care Program under section 477 of the Social Security Act (42
            U.S.C. 677).
                ``(5) A documented phone call or written statement from a
            financial aid administrator who documented the student's
            circumstance in a prior award year.
        ``(c) Timing.--A determination of independence under paragraph (2),
    (8), or (9) of section 480(d) for a student--
                ``(1) shall be made as quickly as practicable;
                ``(2) may be made as early as the year before the award
            year for which the student initially submits an application;
            and
                ``(3) shall be made not later than 60 days after the date
            of the student's enrollment during the award year for which the
            student initially submits an application.
        ``(d) Use of Earlier Determinations.--
                ``(1) Earlier determination by the institution.--Any
            student who is determined to be independent under paragraph
            (2), (8), or (9) of section 480(d) for a preceding award year
            at an institution shall be presumed to be independent for each
            subsequent award year at the same institution unless--
                        ``(A) the student informs the institution that
                    circumstances have changed; or
                        ``(B) the institution has specific conflicting
                    information about the student's independence and has
                    informed the student of this information.
                ``(2) Earlier determination by another institution.--A
            financial aid administrator may make a determination of
            independence pursuant to section 479A(c), based upon a
            documented determination of independence that was previously
            made by another financial aid administrator under such
            paragraph in the same award year.
        ``(e) Retention of Documents.--A financial aid administrator shall
    retain all documents related to any determination of independence,
    including documented interviews, for at least the duration of the
    student's enrollment and an additional period prescribed by the
    Secretary to enable a student to utilize the documents for the purposes
    of subsection (a)(1)(D), (b)(5), or (d) of this section.''; and
                (2) by amending section 480 to read as follows:

    ``SEC. 480. DEFINITIONS.

        ``In this part:
        ``(a) Total Income.--The term `total income' means the amount equal
    to adjusted gross income for the second preceding tax year plus untaxed
    income and benefits for the second preceding tax year minus excludable
    income for the second preceding tax year. The factors used to determine
    total income shall be derived from the Federal income tax return, if
    available, except for the applicant's ability to indicate a qualified
    rollover in the second preceding tax year as outlined in section 483 or
    foreign income described in subsection (b)(5).
        ``(b) Untaxed Income and Benefits.--The term `untaxed income and
    benefits' means--
                ``(1) deductions and payments to self-employed SEP, SIMPLE,
            Keogh, and other qualified individual retirement accounts
            excluded from income for Federal tax purposes, except such term
            shall not include payments made to tax-deferred pension and
            retirement plans, paid directly or withheld from earnings, that
            are not delineated on the Federal tax return;
                ``(2) tax-exempt interest income;
                ``(3) untaxed portion of individual retirement account
            distributions;
                ``(4) untaxed portion of pensions; and
                ``(5) foreign income of permanent residents of the United
            States or United States citizens exempt from Federal taxation,
            or the foreign income for which such a permanent resident or
            citizen receives a foreign tax credit.
        ``(c) Veterans and Veterans' Education Benefits.--(1) The term
    `veteran' has the meaning given the term in section 101(2) of title 38,
    United States Code, and includes individuals who served in the United
    States Armed Forces as described in sections 101(21), 101(22), and
    101(23) of title 38, United States Code.
        ``(2) The term `veterans' education benefits' means veterans'
    benefits under the following provisions of law:
                ``(A) Chapter 103 of title 10, United States Code (Senior
            Reserve Officers' Training Corps).
                ``(B) Chapter 106A of title 10, United States Code
            (Educational Assistance for Persons Enlisting for Active Duty).
                ``(C) Chapter 1606 of title 10, United States Code
            (Selected Reserve Educational Assistance Program).
                ``(D) Chapter 1607 of title 10, United States Code
            (Educational Assistance Program for Reserve Component Members
            Supporting Contingency Operations and Certain Other
            Operations).
                ``(E) Chapter 30 of title 38, United States Code (All-
            Volunteer Force Educational Assistance Program, also known as
            the `Montgomery GI Bill--active duty').
                ``(F) Chapter 31 of title 38, United States Code (Training
            and Rehabilitation for Veterans with Service-Connected
            Disabilities).
                ``(G) Chapter 32 of title 38, United States Code (Post-
            Vietnam Era Veterans' Educational Assistance Program).
                ``(H) Chapter 33 of title 38, United States Code (Post-9/11
            Educational Assistance).
                ``(I) Chapter 35 of title 38, United States Code
            (Survivors' and Dependents' Educational Assistance Program).
                ``(J) Section 903 of the Department of Defense
            Authorization Act, 1981 (10 U.S.C. 2141 note) (Educational
            Assistance Pilot Program).
                ``(K) Section 156(b) of the `Joint Resolution making
            further continuing appropriations and providing for productive
            employment for the fiscal year 1983, and for other purposes'
            (42 U.S.C. 402 note) (Restored Entitlement Program for
            Survivors, also known as `Quayle benefits').
                ``(L) The provisions of chapter 3 of title 37, United
            States Code, related to subsistence allowances for members of
            the Reserve Officers Training Corps.
        ``(d) Independent Students and Determinations.--The term
    `independent', when used with respect to a student, means any
    individual who--
                ``(1) is 24 years of age or older by December 31 of the
            award year;
                ``(2) is, or was at any time when the individual was 13
            years of age or older--
                        ``(A) an orphan;
                        ``(B) a ward of the court; or
                        ``(C) in foster care;
                ``(3) is, or was immediately prior to attaining the age of
            majority, an emancipated minor or in legal guardianship as
            determined by a court of competent jurisdiction in the
            individual's State of legal residence;
                ``(4) is a veteran of the Armed Forces of the United States
            (as defined in subsection (c)) or is currently serving on
            active duty in the Armed Forces for other than training
            purposes;
                ``(5) is a graduate or professional student;
                ``(6) is married and not separated;
                ``(7) has legal dependents other than a spouse;
                ``(8) is an unaccompanied homeless youth or is
            unaccompanied, at risk of homelessness, and self-supporting,
            without regard to such individual's age; and
                ``(9) is a student for whom a financial aid administrator
            makes a documented determination of independence by reason of
            other unusual circumstances pursuant to section 479A(c) in
            which the student is unable to contact a parent or where
            contact with parents poses a risk to such student, which
            includes circumstances of--
                        ``(A) human trafficking, as described in the
                    Trafficking Victims Protection Act of 2000 (22 U.S.C.
                    7101 et seq.);
                        ``(B) legally granted refugee or asylum status;
                        ``(C) parental abandonment or estrangement; or
                        ``(D) student or parental incarceration.
        ``(e) Excludable Income.--The term `excludable income' means--
                ``(1) an amount equal to the education credits described in
            paragraphs (1) and (2) of section 25A(a) of the Internal
            Revenue Code of 1986;
                ``(2) if an applicant elects to report it, college grant
            and scholarship aid included in gross income on a Federal tax
            return, including amounts attributable to grant and scholarship
            portions of fellowships and assistantships and any national
            service educational award or post-service benefit received by
            an individual under title I of the National and Community
            Service Act of 1990 (42 U.S.C. 12511 et seq.), including
            awards, living allowances, and interest accrual payments; and
                ``(3) income earned from work under part C of this title.
        ``(f) Assets.--
                ``(1) In general.--The term `assets' means the amount in
            checking and savings accounts, time deposits, money market
            funds, investments, trusts, stocks, bonds, derivatives,
            securities, mutual funds, tax shelters, qualified education
            benefits (except as provided in paragraph (3)), the annual
            amount of child support received and the net value of real
            estate, vacation homes, income producing property, and business
            and farm assets, determined in accordance with section 478(c).
                ``(2) Exclusions.--With respect to determinations of need
            under this title, the term `assets' shall not include the net
            value of the family's principal place of residence.
                ``(3) Consideration of qualified education benefit.--A
            qualified education benefit shall be considered an asset of--
                        ``(A) the student if the student is an independent
                    student; or
                        ``(B) the parent if the student is a dependent
                    student and the account is designated for the student,
                    regardless of whether the owner of the account is the
                    student or the parent.
                ``(4) Definition of qualified education benefit.--In this
            subsection, the term `qualified education benefit' means--
                        ``(A) a qualified tuition program (as defined in
                    section 529(b)(1)(A) of the Internal Revenue Code of
                    1986) or other prepaid tuition plan offered by a State;
                    and
                        ``(B) a Coverdell education savings account (as
                    defined in section 530(b)(1) of the Internal Revenue
                    Code of 1986).
        ``(g) Net Value.--The term `net value' means the market value at
    the time of application of the assets (as defined in subsection (f)),
    minus the outstanding liabilities or indebtedness against the assets.
        ``(h) Treatment of Income Taxes Paid to Other Jurisdictions.--
                ``(1) The tax on income paid to the Governments of the
            Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin
            Islands, or the Commonwealth of the Northern Mariana Islands,
            the Republic of the Marshall Islands, the Federated States of
            Micronesia, or Palau under the laws applicable to those
            jurisdictions, or the comparable tax paid to the central
            government of a foreign country, shall be treated as Federal
            income taxes.
                ``(2) References in this part to the Internal Revenue Code
            of 1986, Federal income tax forms, and the Internal Revenue
            Service shall, for purposes of the tax described in paragraph
            (1), be treated as references to the corresponding laws, tax
            forms, and tax collection agencies of those jurisdictions,
            respectively, subject to such adjustments as the Secretary may
            provide by regulation.
        ``(i) Other Financial Assistance.--
                ``(1) For purposes of determining a student's eligibility
            for funds under this title, other financial assistance not
            received under this title shall include all scholarships,
            grants, loans, or other assistance known to the institution at
            the time the determination of the student's need is made,
            including national service educational awards or post-service
            benefits under title I of the National and Community Service
            Act of 1990 (42 U.S.C. 12511 et seq.), but excluding veterans'
            education benefits.
                ``(2) Notwithstanding paragraph (1), a tax credit taken
            under section 25A of the Internal Revenue Code of 1986, or a
            distribution that is not includable in gross income under
            section 529 of such Code, under another prepaid tuition plan
            offered by a State, or under a Coverdell education savings
            account under section 530 of such Code, shall not be treated as
            other financial assistance for purposes of section 471(a)(3).
                ``(3) Notwithstanding paragraph (1) and section 472,
            assistance not received under this title may be excluded from
            both other financial assistance and cost of attendance, if that
            assistance is provided by a State and is designated by such
            State to offset a specific component of the cost of attendance.
            If that assistance is excluded from either other financial
            assistance or cost of attendance, it shall be excluded from
            both.
                ``(4) Notwithstanding paragraph (1), payments made and
            services provided under part E of title IV of the Social
            Security Act to or on behalf of any child or youth over whom
            the State agency has responsibility for placement, care, or
            supervision, including the value of vouchers for education and
            training and amounts expended for room and board for youth who
            are not in foster care but are receiving services under section
            477 of such Act, shall not be treated as other financial
            assistance for purposes of section 471(a)(3).
                ``(5) Notwithstanding paragraph (1), emergency financial
            assistance provided to the student for unexpected expenses that
            are a component of the student's cost of attendance, and not
            otherwise considered when the determination of the student's
            need is made, shall not be treated as other financial
            assistance for purposes of section 471(a)(3).
        ``(j) Dependents.--
                ``(1) Except as otherwise provided, the term `dependent of
            the parent' means the student who is deemed to be a dependent
            student when applying for aid under this title, and any other
            person who lives with and receives more than one-half of their
            support from the parent (or parents) and will continue to
            receive more than half of their support from the parent (or
            parents) during the award year.
                ``(2) Except as otherwise provided, the term `dependent of
            the student' means the student's dependent children and other
            persons (except the student's spouse) who live with and receive
            more than one-half of their support from the student and will
            continue to receive more than half of their support from the
            student during the award year.
        ``(k) Family Size.--
                ``(1) Dependent student.--Except as provided in paragraph
            (3), in determining family size in the case of a dependent
            student--
                        ``(A) if the parents are not divorced or separated,
                    family members include the student's parents, and any
                    dependent (within the meaning of section 152 of the
                    Internal Revenue Code of 1986 or an eligible individual
                    for purposes of the credit under section 24 of the
                    Internal Revenue Code of 1986) of the student's parents
                    for the taxable year used in determining the amount of
                    need of the student for financial assistance under this
                    title;
                        ``(B) if the parents are divorced or separated,
                    family members include the parent whose income is
                    included in computing available income and any
                    dependent (within the meaning of section 152 of the
                    Internal Revenue Code of 1986 or an eligible individual
                    for purposes of the credit under section 24 of the
                    Internal Revenue Code of 1986) of that parent for the
                    taxable year used in determining the amount of need of
                    the student for financial assistance under this title;
                        ``(C) if the parents are divorced and the parents
                    whose income is so included are remarried, or if the
                    parent was a widow or widower who has remarried, family
                    members also include, in addition to those individuals
                    referred to in subparagraph (B), the new spouse and any
                    dependent (within the meaning of section 152 of the
                    Internal Revenue Code of 1986 or an eligible individual
                    for purposes of the credit under section 24 of the
                    Internal Revenue Code of 1986) of the new spouse for
                    the taxable year used in determining the amount of need
                    of the student for financial assistance under this
                    title, if that spouse's income is included in
                    determining the parent's adjusted available income; and
                        ``(D) if the student is not considered as a
                    dependent (within the meaning of section 152 of the
                    Internal Revenue Code of 1986 or an eligible individual
                    for purposes of the credit under section 24 of the
                    Internal Revenue Code of 1986) of any parent, the
                    parents' family size shall include the student and the
                    family members applicable to the parents' situation
                    under subparagraph (A), (B), or (C).
                ``(2) Independent student.--Except as provided in paragraph
            (3), in determining family size in the case of an independent
            student--
                        ``(A) family members include the student, the
                    student's spouse, and any dependent (within the meaning
                    of section 152 of the Internal Revenue Code of 1986 or
                    an eligible individual for purposes of the credit under
                    section 24 of the Internal Revenue Code of 1986) of
                    that student for the taxable year used in determining
                    the amount of need of the student for financial
                    assistance under this title; and
                        ``(B) if the student is divorced or separated,
                    family members do not include the spouse (or ex-
                    spouse), but do include the student and any dependent
                    (within the meaning of section 152 of the Internal
                    Revenue Code of 1986 or an eligible individual for
                    purposes of the credit under section 24 of the Internal
                    Revenue Code of 1986) of that student for the taxable
                    year used in determining the amount of need of the
                    student for financial assistance under this title.
                ``(3) Procedures and modification.--The Secretary shall
            provide procedures for determining family size in cases in
            which information for the taxable year used in determining the
            amount of need of the student for financial assistance under
            this title has changed or does not accurately reflect the
            applicant's current household size, including when a divorce
            settlement only allows a parent to file for the Earned Income
            Tax Credit available under section 32 of the Internal Revenue
            Code of 1986.
        ``(l) Business Assets.--The term `business assets' means property
    that is used in the operation of a trade or business, including real
    estate, inventories, buildings, machinery, and other equipment,
    patents, franchise rights, and copyrights.
        ``(m) Homeless Youth.--The term `homeless youth' has the meaning
    given the term `homeless children and youths' in section 725 of the
    McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
        ``(n) Unaccompanied.--The terms `unaccompanied', `unaccompanied
    youth', or `unaccompanied homeless youth' have the meaning given the
    term `unaccompanied youth' in section 725 of the McKinney-Vento
    Homeless Assistance Act (42 U.S.C. 11434a).''.
        (m) FAFSA.--
                (1) In general.--Section 483 of the Higher Education Act of
            1965 (20 U.S.C. 1090) is amended to read as follows:

    ``SEC. 483. FREE APPLICATION FOR FEDERAL STUDENT AID.

        ``(a) Simplified Application for Federal Student Financial Aid.--
                ``(1) In general.--Each individual seeking to apply for
            Federal financial aid under this title for award year 2023-2024
            and any subsequent award year shall file a free application
            with the Secretary, known as the `Free Application for Federal
            Student Aid', to determine eligibility for such aid, as
            described in paragraph (2), and in accordance with section 479.
                ``(2) Free application.--
                        ``(A) In general.--The Secretary shall make
                    available, for the purposes of paragraph (1), a free
                    application to determine the eligibility of a student
                    for Federal financial aid under this title.
                        ``(B) Information required by the applicant.--
                                ``(i) In general.--The applicant, and, if
                            necessary, the parents or spouse of the
                            applicant, shall provide the Secretary with the
                            applicable information described in clause (ii)
                            in order to be eligible for Federal financial
                            aid under this title.
                                ``(ii) Information to be provided.--The
                            information described in this clause is the
                            following:
                                        ``(I) Name.
                                        ``(II) Contact information,
                                    including address, phone number, email
                                    address, or other electronic address.
                                        ``(III) Social security number.
                                        ``(IV) Date of birth.
                                        ``(V) Marital status.
                                        ``(VI) Citizenship status,
                                    including alien registration number, if
                                    applicable.
                                        ``(VII) Sex.
                                        ``(VIII) Race or ethnicity, using
                                    categories developed in consultation
                                    with the Bureau of the Census and the
                                    Director of the Institute of Education
                                    Sciences that, to the greatest extent
                                    practicable, separately capture the
                                    racial groups specified in the American
                                    Community Survey of the Bureau of the
                                    Census.
                                        ``(IX) State of legal residence and
                                    date of residency.
                                        ``(X) The following information on
                                    secondary school completion:
                                                ``(aa) Name and location of
                                            the high school from which the
                                            applicant received, or will
                                            receive prior to the period of
                                            enrollment for which aid is
                                            sought, a regular high school
                                            diploma;
                                                ``(bb) name and location of
                                            the entity from which the
                                            applicant received, or will
                                            receive prior to the period of
                                            enrollment for which aid is
                                            sought, a recognized equivalent
                                            of a regular high school
                                            diploma; or
                                                ``(cc) if the applicant
                                            completed or will complete
                                            prior to the period of
                                            enrollment for which aid is
                                            sought, a secondary school
                                            education in a home school
                                            setting that is treated as a
                                            home school or private school
                                            under State law.
                                        ``(XI) Name of each institution
                                    where the applicant intends to apply
                                    for enrollment or continue enrollment.
                                        ``(XII) Year in school for period
                                    of enrollment for which aid is sought,
                                    including whether applicant will have
                                    finished first bachelor's degree prior
                                    to the period of enrollment for which
                                    aid is sought.
                                        ``(XIII) Whether one or both of the
                                    applicant's parents attended college.
                                        ``(XIV) Any required asset
                                    information, unless exempt under
                                    section 479, in which the applicant
                                    shall indicate--
                                                ``(aa) the annual amount of
                                            child support received, if
                                            applicable; and
                                                ``(bb) all required asset
                                            information not described in
                                            item (aa).
                                        ``(XV) The number of members of the
                                    applicant's family who will also be
                                    enrolled in an eligible institution of
                                    higher education on at least a half-
                                    time basis during the same enrollment
                                    period as the applicant.
                                        ``(XVI) If the applicant meets any
                                    of the following designations:
                                                ``(aa) Is an unaccompanied
                                            homeless youth, or is
                                            unaccompanied, at risk of
                                            homelessness, and self-
                                            supporting.
                                                ``(bb) Is an emancipated
                                            minor.
                                                ``(cc) Is in legal
                                            guardianship.
                                                ``(dd) Has been a dependent
                                            ward of the court at any time
                                            since the applicant turned 13.
                                                ``(ee) Has been in foster
                                            care at any time since the
                                            applicant turned 13.
                                                ``(ff) Both parents have
                                            died since the applicant turned
                                            13.
                                                ``(gg) Is a veteran of the
                                            Armed Forces of the United
                                            States or is serving (on the
                                            date of the application) on
                                            active duty in the Armed Forces
                                            for other than training
                                            purposes.
                                                ``(hh) Is under the age of
                                            24 and has a dependent child or
                                            relative.
                                                ``(ii) Does not have access
                                            to parental information due to
                                            an unusual circumstance
                                            described in section 480(d)(9).
                                        ``(XVII) If the applicant receives
                                    or has received any of the following
                                    means-tested Federal benefits within
                                    the last two years:
                                                ``(aa) The supplemental
                                            security income program under
                                            title XVI of the Social
                                            Security Act (42 U.S.C. 1381 et
                                            seq.).
                                                ``(bb) The supplemental
                                            nutrition assistance program
                                            under the Food and Nutrition
                                            Act of 2008 (7 U.S.C. 2011 et
                                            seq.), a nutrition assistance
                                            program carried out under
                                            section 19 of such Act (7
                                            U.S.C. 2028), or a supplemental
                                            nutrition assistance program
                                            carried out under section 3(c)
                                            of the Act entitled `An Act to
                                            authorize appropriations for
                                            certain insular areas of the
                                            United States, and for other
                                            purposes' (Public Law 95-348).
                                                ``(cc) The free and reduced
                                            price school lunch program
                                            established under the Richard
                                            B. Russell National School
                                            Lunch Act (42 U.S.C. 1751 et
                                            seq.).
                                                ``(dd) The program of block
                                            grants for States for temporary
                                            assistance for needy families
                                            established under part A of
                                            title IV of the Social Security
                                            Act (42 U.S.C. 601 et seq.).
                                                ``(ee) The special
                                            supplemental nutrition program
                                            for women, infants, and
                                            children established by section
                                            17 of the Child Nutrition Act
                                            of 1966 (42 U.S.C. 1786).
                                                ``(ff) The Medicaid program
                                            under title XIX of the Social
                                            Security Act (42 U.S.C. 1396 et
                                            seq.).
                                                ``(gg) Federal housing
                                            assistance programs, including
                                            tenant-based assistance under
                                            section 8(o) of the United
                                            States Housing Act of 1937 (42
                                            U.S.C. 1437f(o)), and public
                                            housing, as defined in section
                                            3(b)(1) of such Act (42 U.S.C.
                                            1437a(b)(1)).
                                                ``(hh) Refundable credit
                                            for coverage under a qualified
                                            health plan under section 36B
                                            of the Internal Revenue Code of
                                            1986.
                                                ``(ii) The Earned Income
                                            Tax Credit under section 32 of
                                            the Internal Revenue Code of
                                            1986.
                                                ``(jj) Any other means-
                                            tested program determined by
                                            the Secretary to be
                                            appropriate.
                                        ``(XVIII) If the applicant, or, if
                                    necessary, the parents or spouse of the
                                    applicant, reported receiving tax
                                    exempt payments from an individual
                                    retirement plan (as defined in section
                                    7701 of the Internal Revenue Code of
                                    1986) distribution or from pensions or
                                    annuities on a Federal tax return,
                                    information as to how much of the
                                    individual retirement plan distribution
                                    or pension or annuity disbursement was
                                    a qualified rollover.
                                        ``(XIX) If the applicant, or, if
                                    necessary, the parents or spouse of the
                                    applicant, reported receiving foreign
                                    income that is exempt from Federal
                                    taxation or for which a permanent
                                    resident of the United States or United
                                    States citizen receives a foreign tax
                                    credit, information regarding the
                                    amount of such foreign income.
                                        ``(XX) If the applicant, or, if
                                    applicable, the parents or spouse of
                                    the applicant, elects to report
                                    receiving college grant and scholarship
                                    aid included in gross income on a
                                    Federal tax return described in section
                                    480(e)(2), information regarding the
                                    amount of such aid
                                ``(iii) Prohibition against requesting
                            information more than once.--Any information
                            requested during the process of creating an
                            account for completing the free application
                            under this subsection, shall, to the fullest
                            extent possible, not be required a second time
                            for the same award year, or in a duplicative
                            manner, when completing such free application
                            except in the case of an unusual situation,
                            such as a temporary inability to access an
                            account for completing such free application.
                                ``(iv) Change in family size.--The
                            Secretary shall provide a process by which an
                            applicant shall confirm the accuracy of family
                            size or update the family size with respect to
                            such applicant for purposes of determining the
                            need of such applicant for financial assistance
                            under this title based on a change in family
                            size from the tax year data used for such
                            determination.
                                ``(v) Single question for homeless
                            status.--The Secretary shall ensure that--
                                        ``(I) on the form developed under
                                    this section for which the information
                                    is applicable, there is a single,
                                    easily understood screening question to
                                    identify an applicant who is an
                                    unaccompanied homeless youth or is
                                    unaccompanied, at risk of homelessness,
                                    and self-supporting; and
                                        ``(II) such question is distinct
                                    from those relating to an individual
                                    who does not have access to parental
                                    income due to an unusual circumstance.
                                ``(vi) Adjustments.--The Secretary shall
                            disclose on the FAFSA that the student may, on
                            a case-by-case basis, qualify for an adjustment
                            under section 479A to the cost of attendance or
                            the values of the data items required to
                            calculate the student's eligibility for a
                            Federal Pell Grant or the student aid index for
                            the student or parent.
                        ``(C) Notification and approval of request for tax
                    return information.--The Secretary shall notify
                    students and borrowers who wish to submit an
                    application for Federal student financial aid under
                    this title (as well as parents and spouses who must
                    sign such an application or request or a Master
                    Promissory Note on behalf of those students and
                    borrowers) of the authority of the Secretary to require
                    that such persons affirmatively approve that the
                    Internal Revenue Service disclose their tax return
                    information as described in section 494.
                        ``(D) Authorizations available to the applicant.--
                                ``(i) Authorization to disclose fafsa
                            information, including a redisclosure of tax
                            return information, to institution, state
                            higher education agency, and designated
                            scholarship organizations.--An applicant and,
                            if necessary, the parents or spouse of the
                            applicant shall provide the Secretary with
                            authorization to disclose to an institution,
                            State higher education agency, and scholarship
                            organizations (designated (prior to the date of
                            enactment of the FUTURE Act (Public Law 116-
                            91)) by the Secretary under section
                            483(a)(3)(E)) as in effect on such date of
                            enactment, as specified by the applicant and in
                            accordance with section 494, in order for the
                            applicant's eligibility for Federal financial
                            aid programs, State financial aid programs,
                            institutional financial aid programs, and
                            scholarship programs at scholarship
                            organizations (designated (prior to the date of
                            enactment of the FUTURE Act (Public Law 116-
                            91)) by the Secretary under section
                            483(a)(3)(E)) as in effect on such date of
                            enactment, to be determined, the following:
                                        ``(I) Information described under
                                    section 6103(l)(13) of the Internal
                                    Revenue Code of 1986.
                                        ``(II) All information provided by
                                    the applicant on the application
                                    described by this subsection to
                                    determine the applicant's eligibility
                                    for Federal financial aid under this
                                    title and for the application, award,
                                    and administration of such Federal
                                    financial aid, except the name of an
                                    institution to which an applicant
                                    selects to redisclose information shall
                                    not be disclosed to any other
                                    institution.
                                ``(ii) Authorization to disclose to
                            benefits programs.--An applicant and, if
                            necessary, the parents or spouse of the
                            applicant may provide the Secretary with
                            authorization to disclose to applicable
                            agencies that handle applications for means-
                            tested Federal benefit programs, as defined in
                            section 479(b)(4)(H), all information provided
                            by the applicant on the application described
                            by this subsection as well as such applicant's
                            student aid index and scheduled Federal Pell
                            Grant award to assist in identification,
                            outreach and application efforts for the
                            application, award, and administration of such
                            means-tested Federal benefits programs, except
                            such information shall not include Federal tax
                            information as specified in section
                            6103(l)(13)(C) of the Internal Revenue Code of
                            1986.
                        ``(E) Action by the secretary.--Upon receiving--
                                ``(i) an application under this section,
                            the Secretary shall, as soon as practicable,
                            perform the necessary functions with the
                            Commissioner of Internal Revenue to calculate
                            the applicant's student aid index and scheduled
                            award for a Federal Pell Grant, if applicable,
                            assuming full-time enrollment for an academic
                            year, and note to the applicant the assumptions
                            relationship to the scheduled award; and
                                ``(ii) an authorization under subparagraph
                            (D), the Secretary shall, as soon as
                            practicable, disclose the information described
                            under such subparagraph, as specified by the
                            applicant, in order for the applicant's
                            eligibility for Federal, State, or
                            institutional student financial aid programs or
                            means-tested Federal benefit programs to be
                            estimated or determined.
                        ``(F) Work study wages.--With respect to an
                    applicant who has received income earned from work
                    under part C of this title, the Secretary shall take
                    the steps necessary to collect information on the
                    amount of such income for the purposes of calculating
                    such applicant's student aid index and scheduled award
                    for a Federal Pell Grant, if applicable, without adding
                    additional questions to the FAFSA, including by
                    collecting such information from institutions of higher
                    education participating in work-study programs under
                    part C of this title.
                ``(3) Information to be supplied by the secretary of
            education.--
                        ``(A) In general.--Upon receiving and timely
                    processing a free application that contains the
                    information described in paragraph (2), the Secretary
                    shall provide to the applicant the following
                    information based on full-time attendance for an
                    academic year:
                                ``(i) The estimated dollar amount of a
                            Federal Pell Grant scheduled award for which
                            the applicant is eligible for such award year.
                                ``(ii) Information on other types of
                            Federal financial aid for which the applicant
                            may be eligible (including situations in which
                            the applicant could qualify for 150 percent of
                            a scheduled Federal Pell Grant award and loans
                            made under this title) and how the applicant
                            can find additional information regarding such
                            aid.
                                ``(iii) Consumer-tested information
                            regarding each institution selected by the
                            applicant in accordance with paragraph
                            (2)(B)(ii)(XI), which may include the
                            following:
                                        ``(I) The following information, as
                                    collected through the Integrated
                                    Postsecondary Education Data System or
                                    a successor Federal data system as
                                    designated by the Secretary:
                                                ``(aa) Net price by the
                                            income categories, as described
                                            under section 132(i)(6), and
                                            disaggregated by undergraduate
                                            and graduate programs, as
                                            applicable.
                                                ``(bb) Graduation rate.
                                                ``(cc) Retention rate.
                                                ``(dd) Transfer rate, if
                                            available.
                                        ``(II) Median debt of students upon
                                    completion.
                                        ``(III) Institutional default rate,
                                    as calculated under section 435.
                                ``(iv) If the student is eligible for a
                            student aid index of less than or equal to zero
                            under section 473, a notification of the
                            Federal means-tested benefits that they have
                            not already indicated they receive, but for
                            which they may be eligible, and relevant links
                            and information on how to apply for such
                            benefits.
                                ``(v) Information on education tax benefits
                            described in paragraphs (1) and (2) of section
                            25A(a) of the Internal Revenue Code of 1986 or
                            other applicable education tax benefits
                            determined in consultation with the Secretary
                            of the Treasury.
                                ``(vi) If the individual identified as a
                            veteran, or as serving (on the date of the
                            application) on active duty in the Armed Forces
                            for other than training purposes, information
                            on benefits administered by the Department of
                            Veteran Affairs or Department of Defense,
                            respectively.
                                ``(vii) If applicable, the applicant's
                            current outstanding balance of loans under this
                            title.
                        ``(B) Information provided to the state.--
                                ``(i) In general.--The Secretary shall
                            redisclose, with authorization from the
                            applicant in accordance with paragraph
                            (2)(D)(i), to a State higher education agency
                            administering State-based financial aid and
                            serving the applicant's State of residence, the
                            information described under section 6103(l)(13)
                            of the Internal Revenue Code of 1986 and
                            information described in paragraph (2)(B) for
                            the application, award, and administration of
                            grants and other student financial aid provided
                            directly from the State to be determined by
                            such State. Such information shall include the
                            list of institutions provided by the applicant
                            on the application.
                                ``(ii) Use of information.--A State agency
                            administering State-based financial aid--
                                        ``(I) shall use the information
                                    provided under clause (i) solely for
                                    the application, award, and
                                    administration of State-based financial
                                    aid for which the applicant is
                                    eligible;
                                        ``(II) may use the information,
                                    except for the information described
                                    under section 6103(l)(13) of the
                                    Internal Revenue Code of 1986, for
                                    State agency research that does not
                                    release any individually identifiable
                                    information on any applicant to promote
                                    college attendance, persistence, and
                                    completion;
                                        ``(III) may use identifying
                                    information provided by student
                                    applicants on the FAFSA to determine
                                    whether or not a graduating secondary
                                    student has filed the application in
                                    coordination with local educational
                                    agencies or secondary schools to
                                    encourage students to complete the
                                    application; and
                                        ``(IV) may share the application
                                    information, excluding the information
                                    described under section 6103(l)(13) of
                                    the Internal Revenue Code of 1986, with
                                    any other entity, only if such
                                    applicant provides explicit written
                                    consent of the applicant, except as
                                    provided in subclause (III).
                                ``(iii) Limitation on consent process.--A
                            State may provide a consent process whereby an
                            applicant may elect to share the information
                            described in clause (i), except for the
                            information described in section 6103(l)(13) of
                            the Internal Revenue Code of 1986, through
                            explicit written consent to Federal, State, or
                            local government agencies or tribal
                            organizations to assist such applicant in
                            applying for and receiving Federal, State, or
                            local government assistance, or tribal
                            assistance for any component of the applicant's
                            cost of attendance that may include financial
                            assistance or non-monetary assistance.
                                ``(iv) Prohibition.--Any entity that
                            receives applicant information under clause
                            (iii) shall not sell, share, or otherwise use
                            applicant information other than for the
                            purposes outlined in clause (iii).
                        ``(C) Use of information provided to the
                    institution.--An institution--
                                ``(i) shall use the information provided to
                            it solely for the application, award, and
                            administration of financial aid to the
                            applicant;
                                ``(ii) may use the information provided,
                            excluding the information described under
                            section 6013(l)(13) of the Internal Revenue
                            Code of 1986, for research that does not
                            release any individually identifiable
                            information on any applicant, to promote
                            college attendance, persistence, and
                            completion; and
                                ``(iii) shall not share such educational
                            record information with any other entity
                            without the explicit written consent of the
                            applicant.
                        ``(D) Prohibition.--Any entity that receives
                    applicant information under subparagraph (C)(iii) shall
                    not sell, share, or otherwise use applicant information
                    other than for the purposes outlined in subparagraph
                    (C).
                        ``(E) Fafsa information that includes tax return
                    information.--An applicant's FAFSA information that
                    includes return or return information as described in
                    section 6103(l)(13) of the Internal Revenue Code of
                    1986 may be disclosed or redisclosed (which shall
                    include obtaining, sharing, or discussing such
                    information) only in accordance with the procedures
                    described in section 494.
                ``(4) Development of form and information exchange.--Prior
            to the design of the free application under this subsection,
            the Secretary shall, to the maximum extent practicable, on an
            annual basis--
                        ``(A) consult with stakeholders to gather
                    information about innovations and technology available
                    to--
                                ``(i) ensure an efficient and effective
                            process;
                                ``(ii) mitigate unintended consequences;
                            and
                                ``(iii) determine the best practices for
                            outreach to students and families during the
                            transition to the streamlined process for the
                            determination of Federal financial aid and
                            Federal Pell Grant eligibility while reducing
                            the data burden on applicants and families; and
                        ``(B) solicit public comments for the format of the
                    free application that provides for adequate time to
                    incorporate feedback prior to development of the
                    application for the succeeding award year.
                ``(5) No additional information requests permitted.--In
            carrying out this subsection, the Secretary may not require
            additional information to be submitted by an applicant (or the
            parents or spouse of an applicant) for Federal financial aid
            through other requirements or reporting, except as required
            under a process or procedure exercised in accordance with the
            authority under section 479A.
                ``(6) State-run programs.--
                        ``(A) In general.--The Secretary shall conduct
                    outreach to States in order to research the benefits to
                    students of States relying solely on the student aid
                    index, scheduled Pell Grant Award, or the financial
                    data made available, upon authorization by the
                    applicant, as a result of an application for aid under
                    this subsection for determining the eligibility of the
                    applicant for State provided financial aid.
                        ``(B) Secretarial review.--If a State determines
                    that there is a need for additional data elements
                    beyond those provided pursuant to this subsection for
                    determining the eligibility of an applicant for State
                    provided financial aid, the State shall forward a list
                    of those additional data elements determined necessary,
                    but not provided by virtue of the application under
                    this subsection, to the Secretary. The Secretary shall
                    make readily available to the public through the
                    Department's websites and other means--
                                ``(i) a list of States that do not require
                            additional financial information separate from
                            the Free Application for Federal Student Aid
                            and do not require asset information from
                            students who qualify for the exemption from
                            asset reporting under section 479 for the
                            purposes of awarding State scholarships and
                            grant aid;
                                ``(ii) a list of States that require asset
                            information from students who qualify for the
                            exemption from asset reporting under section
                            479 for the purposes of awarding State
                            scholarships and grant aid;
                                ``(iii) a list of States that have
                            indicated that they require additional
                            financial information separate from the Free
                            Application for Federal Student Aid for
                            purposes of awarding State scholarships and
                            grant aid; and
                                ``(iv) with the publication of the lists
                            under this subparagraph, information about
                            additional resources available to applicants,
                            including links to such State websites.
                ``(7) Institution-run financial aid.--
                        ``(A) In general.--The Secretary shall conduct
                    outreach to institutions of higher education to
                    describe the benefits to students of relying solely on
                    the student aid index, scheduled Pell Grant Award, or
                    the financial data made available, upon authorization
                    for release by the applicant, as a result of an
                    application for aid under this subsection for
                    determining the eligibility of the applicant for
                    institutional financial aid. The Secretary shall make
                    readily available to the public through its websites
                    and other means--
                                ``(i) a list of institutions that do not
                            require additional financial information
                            separate from the Free Application for Federal
                            Student Aid and do not require asset
                            information from students who qualify for the
                            exemption from asset reporting under section
                            479 for the purpose of awarding institution-run
                            financial aid;
                                ``(ii) a list of institutions that require
                            asset information from students who qualify for
                            the exemption from asset reporting under
                            section 479 for the purpose of awarding
                            institution-run financial aid;
                                ``(iii) a list of institutions that require
                            additional financial information separate from
                            the Free Application for Federal Student Aid
                            for the purpose of awarding institution-run
                            financial aid; and
                                ``(iv) with the publication of the list in
                            clause (iii), information about additional
                            resources available to applicants.
                ``(8) Security of data.--The Secretary shall, in
            consultation with the Secretary of the Treasury--
                        ``(A) take all necessary steps to safeguard the
                    data required to be transmitted for the purpose of this
                    section between Federal agencies and to States and
                    institutions of higher education and secure the
                    transmittal of such data;
                        ``(B) provide guidance to States and institutions
                    of higher education regarding their obligation to
                    ensure the security of the data provided under this
                    section and section 6103 of the Internal Revenue Code
                    of 1986; and
                        ``(C) provide guidance on the implementation of
                    section 6103 of the Internal Revenue Code of 1986,
                    including how it intersects with the provisions of
                    section 444 of the General Education Provisions Act
                    (commonly known as the `Family Educational Rights and
                    Privacy Act of 1974'), and any additional consent
                    processes that may be available to applicants in
                    accordance with the Internal Revenue Code of 1986
                    regarding sharing of Federal tax information.
                ``(9) Report to congress.--
                        ``(A) In general.--Not later than 1 year after the
                    date of enactment of the FAFSA Simplification Act, the
                    Secretary shall report to the authorizing committees on
                    the progress of the Secretary in carrying out this
                    subsection, including planning and stakeholder
                    consultation. Such report shall include--
                                ``(i) benchmarks for implementation;
                                ``(ii) entities and organizations that the
                            Secretary consulted;
                                ``(iii) system requirements for such
                            implementation and how they will be addressed;
                                ``(iv) any areas of concern and potential
                            problem issues uncovered that may hamper such
                            implementation; and
                                ``(v) solutions determined to address such
                            issues.
                        ``(B) Updates.--The Secretary shall provide updates
                    to the authorizing committees--
                                ``(i) as to the progress and planning
                            described in subparagraph (A) prior to
                            implementation of the revisions to the Free
                            Application for Federal Student Aid under this
                            subsection not less often than quarterly; and
                                ``(ii) at least 6 months and 1 year after
                            implementation of the revisions to the Free
                            Application for Federal Student Aid.
        ``(b) Adjustments and Improvements.--
                ``(1) In general.--The Secretary shall disclose in a
            consumer-tested format, upon completion of the Free Application
            for Federal Student Aid under this section, that the student
            may, on a case-by-case basis, qualify for an adjustment under
            section 479A to the cost of attendance or the values of the
            data items required to calculate the Federal Pell Grant or the
            need analysis for the student or parent. Such disclosure shall
            specify--
                        ``(A) examples of the special circumstances under
                    which a student or family member may qualify for such
                    adjustment or determination of independence; and
                        ``(B) additional information regarding the steps a
                    student or family member may take in order to seek an
                    adjustment under section 479A.
                ``(2) Consumer testing.--
                        ``(A) In general.--Not later than 9 months after
                    the date of enactment of the FAFSA Simplification Act,
                    the Secretary shall begin consumer testing the design
                    of the Free Application for Federal Student Aid under
                    this section with prospective first-generation college
                    students, representatives of students (including low-
                    income students, English learners, first-generation
                    college students, adult students, veterans,
                    servicemembers, and prospective students), students'
                    families (including low-income families, families with
                    English learners, families with first-generation
                    college students, and families with prospective
                    students), institutions of higher education, secondary
                    school and postsecondary counselors, and nonprofit
                    consumer groups.
                        ``(B) Updates.--For award year 2023-2024 and at
                    least each fourth succeeding award year thereafter, the
                    Secretary shall update the design of the Free
                    Application for Federal Student Aid based on additional
                    consumer testing with the populations described in
                    subparagraph (A) in order to improve the usability and
                    accessibility of the application.
                ``(3) Accessibility of the fafsa.--The Secretary shall--
                        ``(A) in conjunction with the Bureau of the Census,
                    determine the most common languages spoken by English
                    learner students and their parents in the United
                    States;
                        ``(B) develop and make publicly available versions
                    of the Free Application for Federal Student Aid form in
                    not fewer than 11 of the most common languages
                    determined under subparagraph (A) and make such
                    versions available and accessible to applicants in
                    paper and electronic formats; and
                        ``(C) ensure that the Free Application for Federal
                    Student Aid is available in formats accessible to
                    individuals with disabilities and compliant with the
                    most recent Web Content Accessibility Guidelines, or
                    successor guidelines.
                ``(4) Reapplication in a succeeding academic year.--In
            order to streamline an applicant's experience in applying for
            financial aid, the Secretary shall allow an applicant who
            electronically applies for financial assistance under this
            title for an academic year subsequent to an academic year for
            which such applicant applied for financial assistance under
            this title to automatically electronically import all of the
            applicant's (including parents', guardians', or spouses', as
            applicable) identifying, demographic, and school data from the
            previous application and to update such information to reflect
            any circumstances that have changed.
                ``(5) Technology accessibility.--The Secretary shall make
            the application under this section available through prevalent
            technology. Such technology shall, at a minimum, enable
            applicants to--
                        ``(A) save data; and
                        ``(B) submit the application under this title to
                    the Secretary through such technology.
                ``(6) Verification burden.--The Secretary shall--
                        ``(A) to the maximum extent practicable, streamline
                    and simplify the process of verification for applicants
                    for Federal financial aid;
                        ``(B) in establishing policies and procedures to
                    verify applicants' eligibility for Federal financial
                    aid, consider--
                                ``(i) the burden placed on low-income
                            applicants;
                                ``(ii) the risk to low-income applicants of
                            failing to complete the application, enroll in
                            college, or complete a postsecondary credential
                            as a result of being selected for verification;
                                ``(iii) the effectiveness of the policies
                            and procedures in preventing overpayments; and
                                ``(iv) the reasons for the source of any
                            improper payments; and
                        ``(C) issue a public report not less often than
                    annually that includes the number and percentage of
                    applicants subject to verification, whether the
                    applicants ultimately received Federal financial aid
                    disbursements, the extent to which the student aid
                    index changed for such applicants as a result of
                    verification, and the extent to which such applicants'
                    eligibility for Federal financial aid under this title
                    changed.
                ``(7) Studies.--The Secretary shall periodically conduct
            studies on--
                        ``(A) whether the Free Application for Federal
                    Student Aid is a barrier to college enrollment by
                    examining--
                                ``(i) the effect of States requiring
                            additional information specified in clauses
                            (ii) and (iii) of subsection (a)(6)(B) on the
                            determination of State financial aid awards,
                            including--
                                        ``(I) how much financial aid awards
                                    would change if the additional
                                    information were not required; and
                                        ``(II) the number of students who
                                    started but did not finish the Free
                                    Application for Federal Student Aid,
                                    compared to the baseline year of 2021;
                                    and
                                ``(ii) the number of students who--
                                        ``(I) started a Free Application
                                    for Federal Student Aid but did not
                                    receive financial assistance under this
                                    title for the applicable academic year;
                                    and
                                        ``(II) if available, did not enroll
                                    in an institution of higher education
                                    in the applicable academic year;
                        ``(B) the most common barriers faced by applicants
                    in completing the Free Application for Federal Student
                    Aid; and
                        ``(C) the most common reasons that students and
                    families do not fill out the Free Applications for
                    Federal Student Aid.
        ``(c) Data and Information.--
                ``(1) In general.--The Secretary shall publish data in a
            publicly accessible manner--
                        ``(A) annually on the total number of Free
                    Applications for Federal Student Aid submitted by
                    application cycle, disaggregated by demographic
                    characteristics, type of institution or institutions of
                    higher education to which the applicant applied, the
                    applicant's State of legal residence, and high school
                    and public school district;
                        ``(B) quarterly on the total number of Free
                    Applications for Federal Student Aid submitted by
                    application cycle, disaggregated by type of institution
                    or institutions of higher education to which the
                    applicant applied, the applicant's State of legal
                    residence, and high school and public school district;
                        ``(C) weekly on the total number of Free
                    Applications for Federal Student Aid submitted,
                    disaggregated by high school and public school
                    district; and
                        ``(D) annually on the number of individuals who
                    apply for federal financial aid pursuant to this
                    section who indicated that they are--
                                ``(i) an unaccompanied homeless youth or
                            unaccompanied, at risk of homelessness, and
                            self-supporting; or
                                ``(ii) a foster care youth.
                ``(2) Contents.--The data described in paragraph (1)(D)
            with respect to homeless youth shall include, at a minimum, for
            each application cycle--
                        ``(A) the total number of all applicants who were
                    determined to be individuals described in section
                    480(d)(8); and
                        ``(B) the number of applicants described in
                    subparagraph (A), disaggregated--
                                ``(i) by State; and
                                ``(ii) by the sources of determination as
                            described in section 479D(b).
                ``(3) Data sharing.--The Secretary may enter into data
            sharing agreements with the appropriate Federal or State
            agencies to conduct outreach regarding, and connect applicants
            directly with, the means-tested Federal benefit programs
            described in subsection (a)(2)(B)(ii)(XVII) for which the
            applicants may be eligible.
        ``(d) Ensuring Form Usability.--
                ``(1) Signature.--Notwithstanding any other provision of
            this title, the Secretary may permit the Free Application for
            Federal Student Aid to be submitted without a signature, if a
            signature is subsequently submitted by the applicant, or if the
            applicant uses an access device provided by the Secretary.
                ``(2) Free preparation authorized.--Notwithstanding any
            other provision of this title, an applicant may use a preparer
            for consultative or preparation services for the completion of
            the Free Application for Federal Student Aid without charging a
            fee to the applicant if the preparer--
                        ``(A) includes, at the time the application is
                    submitted to the Department, the name, address or
                    employer's address, social security number or employer
                    identification number, and organizational affiliation
                    of the preparer on the applicant's form;
                        ``(B) is subject to the same penalties as an
                    applicant for purposely giving false or misleading
                    information in the application;
                        ``(C) clearly informs each individual upon initial
                    contact, that the Free Application for Federal Student
                    Aid is a free form that may be completed without
                    professional assistance; and
                        ``(D) does not produce, use, or disseminate any
                    other form for the purpose of applying for Federal
                    financial aid other than the Free Application for
                    Federal Student Aid developed by the Secretary under
                    this section.
                ``(3) Charges to students and parents for use of forms
            prohibited.--The need for and eligibility of a student for
            financial assistance under this title may be determined only by
            using the Free Application for Federal Student Aid developed by
            the Secretary under this section. Such application shall be
            produced, distributed, and processed by the Secretary, and no
            parent or student shall be charged a fee by the Secretary, a
            contractor, a third-party servicer or private software
            provider, or any other public or private entity for the
            collection, processing, or delivery of Federal financial aid
            through the use of such application. No data collected on a
            form for which a fee is charged shall be used to complete the
            Free Application for Federal Student Aid prescribed under this
            section, except that a Federal or State income tax form
            prepared by a paid income tax preparer or preparer service for
            the primary purpose of filing a Federal or State income tax
            return may be used to complete the Free Application for Federal
            Student Aid prescribed under this section.
                ``(4) Application processing cycle.--The Secretary shall
            enable applicants to submit a Free Application for Federal
            Student Aid developed under this section and initiate the
            processing of such application, not later than January 1 of the
            applicant's planned year of enrollment, to the maximum extent
            practicable, on or around October 1 prior to the applicant's
            planned year of enrollment.
                ``(5) Early estimates.--The Secretary shall maintain an
            electronic method for applicants to enter income and family
            size information to calculate a non-binding estimate of the
            applicant's Federal financial aid available under this title
            and shall place such calculator on a prominent location at the
            beginning of the Free Application for Federal Student Aid.
                ``(6) Additional forms.--Notwithstanding any other
            provision of this title, an institution may not condition the
            packaging or receipt of Federal financial aid on the completion
            of additional requests for financial information beyond the
            Free Application for Federal Student Aid, unless such
            information is required for verification, a determination of
            independence, or professional judgement.''.
                (2) Reports.--Notwithstanding section 701(b) of this title,
            the Secretary of Education shall have the authority to issue
            reports and begin consumer testing prior to July 1, 2023, as
            provided in the amendment made by paragraph (1).
        (n) Student Eligibility.--
                (1) Amendments.--
                        (A) In general.--Section 484 of the Higher
                    Education Act of 1965 (20 U.S.C. 1091) is amended--
                                (i) by striking subsections (n) and (r);
                                (ii) by redesignating subsections (o), (p),
                            (s), and (t), as subsections (n), (o), (q), and
                            (r), respectively;
                                (iii) by inserting between subsections (o)
                            and (q), as redesignated under clause (i), the
                            following:
        ``(p) Use of Income Data With IRS.--The Secretary, in cooperation
    with the Secretary of the Treasury, shall fulfill the data transfer
    requirements under section 6103(l)(13) of the Internal Revenue Code of
    1986 and the procedure and requirements outlined in section 494.''; and
                                (iv) by adding at the end the following:
        ``(s) Exception to Required Registration With the Selective Service
    System.--Notwithstanding section 12(f) of the Military Selective
    Service Act (50 U.S.C. 3811(f)), an individual shall not be ineligible
    for assistance or a benefit provided under this title if the individual
    is required under section 3 of such Act (50 U.S.C. 3802) to present
    himself for and submit to registration under such section and fails to
    do so in accordance with any proclamation issued under such section, or
    in accordance with any rule or regulation issued under such section.
        ``(t) Confined or Incarcerated Individuals.--
                ``(1) Definitions.--In this subsection:
                        ``(A) Confined or incarcerated individual.--The
                    term `confined or incarcerated individual'--
                                ``(i) means an individual who is serving a
                            criminal sentence in a Federal, State, or local
                            penal institution, prison, jail, reformatory,
                            work farm, or other similar correctional
                            institution; and
                                ``(ii) does not include an individual who
                            is in a halfway house or home detention or is
                            sentenced to serve only weekends.
                        ``(B) Prison education program.--The term `prison
                    education program' means an education or training
                    program that--
                                ``(i) is an eligible program under this
                            title offered by an institution of higher
                            education (as defined in section 101 or
                            102(a)(1)(B));
                                ``(ii) is offered by an institution that
                            has been approved to operate in a correctional
                            facility by the appropriate State department of
                            corrections or other entity that is responsible
                            for overseeing correctional facilities, or by
                            the Bureau of Prisons;
                                ``(iii) has been determined by the
                            appropriate State department of corrections or
                            other entity that is responsible for overseeing
                            correctional facilities, or by the Bureau of
                            Prisons, to be operating in the best interest
                            of students, the determination of which shall
                            be made by the State department of corrections
                            or other entity or by the Bureau of Prisons,
                            respectively, and may be based on--
                                        ``(I) rates of confined or
                                    incarcerated individuals continuing
                                    their education post-release;
                                        ``(II) job placement rates for such
                                    individuals;
                                        ``(III) earnings for such
                                    individuals;
                                        ``(IV) rates of recidivism for such
                                    individuals;
                                        ``(V) the experience, credentials,
                                    and rates of turnover or departure of
                                    instructors;
                                        ``(VI) the transferability of
                                    credits for courses available to
                                    confined or incarcerated individuals
                                    and the applicability of such credits
                                    toward related degree or certificate
                                    programs; or
                                        ``(VII) offering relevant academic
                                    and career advising services to
                                    participating confined or incarcerated
                                    individuals while they are confined or
                                    incarcerated, in advance of reentry,
                                    and upon release;
                                ``(iv) offers transferability of credits to
                            at least 1 institution of higher education (as
                            defined in section 101 or 102(a)(1)(B)) in the
                            State in which the correctional facility is
                            located, or, in the case of a Federal
                            correctional facility, in the State in which
                            most of the individuals confined or
                            incarcerated in such facility will reside upon
                            release;
                                ``(v) is offered by an institution that has
                            not been subject, during the 5 years preceding
                            the date of the determination, to--
                                        ``(I) any suspension, emergency
                                    action, or termination of programs
                                    under this title;
                                        ``(II) any adverse action by the
                                    institution's accrediting agency or
                                    association; or
                                        ``(III) any action by the State to
                                    revoke a license or other authority to
                                    operate;
                                ``(vi) satisfies any applicable educational
                            requirements for professional licensure or
                            certification, including licensure or
                            certification examinations needed to practice
                            or find employment in the sectors or
                            occupations for which the program prepares the
                            individual, in the State in which the
                            correctional facility is located or, in the
                            case of a Federal correctional facility, in the
                            State in which most of the individuals confined
                            or incarcerated in such facility will reside
                            upon release; and
                                ``(vii) does not offer education that is
                            designed to lead to licensure or employment for
                            a specific job or occupation in the State if
                            such job or occupation typically involves
                            prohibitions on the licensure or employment of
                            formerly incarcerated individuals in the State
                            in which the correctional facility is located,
                            or, in the case of a Federal correctional
                            facility, in the State in which most of the
                            individuals confined or incarcerated in such
                            facility will reside upon release.
                ``(2) Technical assistance.--The Secretary, in
            collaboration with the Attorney General, shall provide
            technical assistance and guidance to the Bureau of Prisons,
            State departments of corrections, and other entities that are
            responsible for overseeing correctional facilities in making
            determinations under paragraph (1)(B)(iii).
                ``(3) Federal pell grant eligibility.--Notwithstanding
            subsection (a), in order for a confined or incarcerated
            individual who otherwise meets the eligibility requirements of
            this title to be eligible to receive a Federal Pell Grant under
            section 401, the individual shall be enrolled or accepted for
            enrollment in a prison education program.
                ``(4) Evaluation.--
                        ``(A) In general.--Not later than 1 year after the
                    date of enactment of the FAFSA Simplification Act, in
                    order to evaluate and improve the impact of activities
                    supported under this subsection, the Secretary, in
                    partnership with the Director of the Institute of
                    Education Sciences, shall award 1 or more grants or
                    contracts to, or enter into cooperative agreements
                    with, experienced public and private institutions and
                    organizations to enable the institutions and
                    organizations to conduct an external evaluation that
                    shall--
                                ``(i) assess the ability of confined or
                            incarcerated individuals to access and complete
                            the Free Application for Federal Student Aid;
                                ``(ii) examine in-custody outcomes and
                            post-release outcomes related to providing
                            Federal Pell Grants to confined or incarcerated
                            individuals, including--
                                        ``(I) attainment of a postsecondary
                                    degree or credential;
                                        ``(II) safety in penal institutions
                                    with prison education programs;
                                        ``(III) the size of waiting lists
                                    for prison education programs;
                                        ``(IV) the extent to which such
                                    individuals continue their education
                                    post-release;
                                        ``(V) employment and earnings
                                    outcomes for such individuals; and
                                        ``(VI) rates of recidivism for such
                                    individuals;
                                ``(iii) track individuals who received
                            Federal Pell Grants under subpart 1 of part A
                            at 1, 3, and 5 years after the individuals'
                            release from confinement or incarceration; and
                                ``(iv) examine the extent to which
                            institutions provide re-entry or relevant
                            career services to participating confined or
                            incarcerated individuals as part of the prison
                            education program and the efficacy of such
                            services, if offered.
                        ``(B) Report.--Beginning not later than 1 year
                    after the Secretary awards the grant, contract, or
                    cooperative agreement described in subparagraph (A) and
                    annually thereafter, each institution of higher
                    education operating a prison education program under
                    this subsection shall submit a report to the Secretary
                    on activities assisted and students served under this
                    subsection, which shall include the information, as
                    applicable, contained in clauses (i) through (iv) of
                    subparagraph (A).
                ``(5) Report.--Not later than 1 year after the date of
            enactment of the FAFSA Simplification Act and on at least an
            annual basis thereafter, the Secretary shall submit to the
            authorizing committees, and make publicly available on the
            website of the Department, a report on the--
                        ``(A) impact of this subsection which shall
                    include, at a minimum--
                                ``(i) the names and types of institutions
                            of higher education offering prison education
                            programs at which confined or incarcerated
                            individuals are enrolled and receiving Federal
                            Pell Grants;
                                ``(ii) the number of confined or
                            incarcerated individuals receiving Federal Pell
                            Grants through each prison education program;
                                ``(iii) the amount of Federal Pell Grant
                            expenditures for each prison education program;
                                ``(iv) the average amount of Federal Pell
                            Grant expenditures per full-time equivalent
                            students in a prison education program compared
                            to the average amount of Federal Pell Grant
                            expenditures per full-time equivalent students
                            not in prison education programs;
                                ``(v) the demographics of confined or
                            incarcerated individuals receiving Federal Pell
                            Grants;
                                ``(vi) the cost of attendance for such
                            individuals;
                                ``(vii) the mode of instruction (such as
                            distance education, in-person instruction, or a
                            combination of such modes) for each prison
                            education program;
                                ``(viii) information on the academic
                            outcomes of such individuals (such as credits
                            attempted and earned, and credential and degree
                            completion) and any information available from
                            student satisfaction surveys conducted by the
                            applicable institution or correctional
                            facility;
                                ``(ix) information on post-release outcomes
                            of such individuals, including, to the extent
                            practicable, continued postsecondary
                            enrollment, earnings, credit transfer, and job
                            placement;
                                ``(x) rates of recidivism for confined or
                            incarcerated individuals receiving Federal Pell
                            Grants;
                                ``(xi) information on transfers of confined
                            or incarcerated individuals between prison
                            education programs;
                                ``(xii) the most common programs and
                            courses offered in prison education programs;
                            and
                                ``(xiii) rates of instructor turnover or
                            departure for courses offered in prison
                            education programs;
                        ``(B) results of each prison education program at
                    each institution of higher education, including the
                    information described in clauses (ii) through (xiii) of
                    subparagraph (A); and
                        ``(C) findings regarding best practices with
                    respect to prison education programs.''.
                        (B) Conforming amendment.--Section 428B(f)(2) of
                    the Higher Education Act of 1965 (20 U.S.C. 1078-
                    2(f)(2)) is amended by striking ``section 484(p)'' and
                    inserting ``section 484(o)''.
                        (C) Institutional and financial assistance
                    information for students.--Section 485 of the Higher
                    Education Act of 1965 (20 U.S.C. 1092) is amended by
                    repealing subsection (k).
                (2) Early effective date permitted.--Notwithstanding
            section 701(b) of this Act, sections 401(b)(6) and 484(r) of
            the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(6);
            1091(r)) as in effect on the date of enactment of this Act, and
            section 12(f) of the Military Selective Service Act (50 U.S.C.
            3811(f)), the Secretary of Education may implement the
            amendments made by paragraph (1) of this subsection before (but
            not later than) July 1, 2023. The Secretary shall specify in a
            designation on what date, under what conditions, and for which
            award years the Secretary will implement such amendments prior
            to July 1, 2023. The Secretary shall publish any designation
            under this paragraph in the Federal Register at least 60 days
            before implementation.
        (o) Early Awareness of Financial Aid Eligibility.--Section 485E of
    the Higher Education Act of 1965 (20 U.S.C. 1092f) is amended to read
    as follows:

    ``SEC. 485E. EARLY AWARENESS AND OUTREACH OF FINANCIAL AID ELIGIBILITY.

        ``(a) In General.--The Secretary shall implement early outreach
    activities in order to provide prospective students and their families
    with information about financial aid and estimates of financial aid.
    Such early outreach activities shall include the activities described
    in subsections (b), (c), and (d).
        ``(b) Pell Grant Early Awareness Estimates.--
                ``(1) In general.--The Secretary shall produce a consumer-
            tested method of estimating student eligibility for Federal
            Pell Grants under section 401(b) utilizing the variables of
            family size and adjusted gross income, presented in electronic
            format. There shall be a method for students to indicate
            whether they are, or will be in--
                        ``(A) a single-parent household;
                        ``(B) a household with two parents; or
                        ``(C) a household with no children or dependents.
                ``(2) Consumer testing.--
                        ``(A) In general.--The method of estimating
                    eligibility described in paragraph (1) shall be
                    consumer tested with prospective first-generation
                    students and families as well as low-income individuals
                    and families.
                        ``(B) Updates.--For award year 2023-2024 and each
                    fourth succeeding award year thereafter, the design of
                    the method of estimating eligibility shall be updated
                    based on additional consumer testing with the
                    populations described in subparagraph (A).
                ``(3) Distribution.--The method of estimating eligibility
            described in paragraph (1) shall be--
                        ``(A) made publicly and prominently available on
                    the Department's website; and
                        ``(B) actively shared by the Secretary with--
                                ``(i) institutions of higher education
                            participating in programs under this title;
                                ``(ii) all middle and secondary schools
                            eligible for funds under part A of title I of
                            the Elementary and Secondary Education Act of
                            1965;
                                ``(iii) local educational agencies and
                            middle schools and high schools that serve
                            students not less than 25 percent of whom meet
                            a measure of poverty as described in section
                            1113(a)(5) of the Elementary and Secondary
                            Education Act of 1965; and
                                ``(iv) agencies responsible for
                            administering means-tested Federal benefit
                            programs, as defined in section 479(b)(4)(H).
                ``(4) Electronic estimator on fafsa.--In accordance with
            subsection (d)(5) of section 483, the Secretary shall maintain
            an electronic method for applicants to enter income and family
            size, and level of education sought information to calculate a
            non-binding estimate (which may include a range, ceiling, or
            minimum) of the applicant's Federal financial aid available
            under this title and shall place such calculator on a prominent
            location on the FAFSA website and in a manner that encourages
            students to fill out the FAFSA.
        ``(c) Early Awareness Plans.--The Secretary shall establish and
    implement early awareness and outreach plans to provide early
    information about the availability of Federal financial aid and
    estimates of prospective students' eligibility for Federal financial
    aid as well as to promote the attainment of postsecondary education
    specifically among prospective first-generation students and families
    as well as low-income individuals and families, as follows:
                ``(1) Outreach plans for low-income families.--
                        ``(A) In general.--The Secretary shall develop
                    plans for each population described in this
                    subparagraph to disseminate information about the
                    availability of Federal financial aid under this title,
                    in addition to and in coordination with the
                    distribution of the method of estimating eligibility
                    under subsection (b), to--
                                ``(i) all middle schools and secondary
                            schools eligible for funds under part A of
                            title I of the Elementary and Secondary
                            Education Act of 1965;
                                ``(ii) local educational agencies and
                            middle schools and high schools that serve
                            students not less than 25 percent of whom meet
                            a measure of poverty as described in section
                            1113(a)(5) of the Elementary and Secondary
                            Education Act;
                                ``(iii) households receiving assistance
                            under the supplemental nutrition assistance
                            program established under the Food and
                            Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
                            and
                                ``(iv) agencies responsible for
                            administering means-tested Federal benefit
                            programs, as defined in section 479(b)(4)(H).
                        ``(B) Content of plans.--The plans described in
                    paragraph (A) shall--
                                ``(i) provide students and their families
                            with information on--
                                        ``(I) the availability of the
                                    College Scorecard or any similar
                                    successor website;
                                        ``(II) the electronic estimates of
                                    financial aid available under
                                    subsection (b);
                                        ``(III) Federal financial aid
                                    available to students, including
                                    eligibility criteria for the Federal
                                    financial aid and an explanation of the
                                    Federal financial aid programs
                                    (including applicable Federal
                                    educational tax credits); and
                                        ``(IV) resources that can inform
                                    students of financial aid that may be
                                    available from state-based financial
                                    aid, state-based college savings
                                    programs, and scholarships and other
                                    non-governmental sources;
                                ``(ii) describe how the dissemination of
                            information will be conducted by the Secretary.
                        ``(C) Reporting and updates.--The Secretary shall
                    post the information about the plans under subparagraph
                    (A) and associated goals publicly on the Department's
                    website. On an annual basis, the Secretary shall report
                    qualitative and quantitative outcomes regarding the
                    implementation of the plans under subparagraph (A). The
                    Secretary shall review and update such plans not less
                    often than every 4 award years with the goal of
                    progressively increasing the impact of the activities
                    under this paragraph.
                        ``(D) Partnership.--The Secretary may partner with
                    States, State systems of higher education, institutions
                    of higher education, or college access organizations to
                    carry out this paragraph.
                ``(2) Interagency coordination plans.--
                        ``(A) In general.--The Secretary shall develop
                    interagency coordination plans in order to inform more
                    students and families, including low-income individuals
                    or families and recipients of means-tested Federal
                    benefits, about the availability of Federal financial
                    aid under this title through participation in existing
                    Federal programs or tax benefits that serve low-income
                    individuals or families, in coordination with the
                    following Secretaries:
                                ``(i) The Secretary of the Treasury.
                                ``(ii) The Secretary of Labor.
                                ``(iii) The Secretary of Health and Human
                            Services.
                                ``(iv) The Secretary of Agriculture.
                                ``(v) The Secretary of Housing and Urban
                            Development.
                                ``(vi) The Secretary of Commerce.
                                ``(vii) The Secretary of Veterans Affairs.
                                ``(viii) The Secretary of the Interior.
                        ``(B) Process, activities, and goals.--Each
                    interagency coordination plan under subparagraph (A)
                    shall--
                                ``(i) identify opportunities in which low-
                            income individuals and families could be
                            informed of the availability of Federal
                            financial aid under this title through access
                            to other Federal programs that serve low-income
                            individuals and families;
                                ``(ii) identify methods to effectively
                            inform low-income individuals and families of
                            the availability of Federal financial aid for
                            postsecondary education under this title and
                            assist such individuals in completing the Free
                            Application for Federal Student Aid;
                                ``(iii) develop early awareness and FAFSA
                            completion activities that align with the
                            opportunities and methods identified under
                            clauses (i) and (ii);
                                ``(iv) establish goals regarding the
                            effects of the activities to be implemented
                            under clause (iii); and
                                ``(v) provide information on how students
                            and families can maintain access to Federal
                            programs that serve low-income individuals and
                            families operated by the agencies identified
                            under subsection (A) while attending an
                            institution of higher education.
                        ``(C) Plan with secretary of the treasury.--The
                    interagency coordination plan under subparagraph (A)(i)
                    between the Secretary and the Secretary of the Treasury
                    shall further include specific methods to increase the
                    application for Federal financial aid under this title
                    from individuals who file Federal tax returns,
                    including collaboration with tax preparation entities
                    or other third parties, as appropriate.
                        ``(D) Reporting and updates.--The Secretary shall
                    post the information about the interagency coordination
                    plans under this paragraph and associated goals
                    publicly on the Department's website. The plans shall
                    have the goal of progressively increasing the impact of
                    the activities under this paragraph by increasing the
                    number of low-income applicants for, and recipients of,
                    Federal financial aid. The plans shall be updated not
                    less than once every 4 years.
                ``(3) Nationwide participation in early awareness plans.--
                        ``(A) In general.--The Secretary shall solicit
                    voluntary public commitments from entities, such as
                    States, State systems of higher education, institutions
                    of higher education, and other interested
                    organizations, to carry out early awareness plans,
                    which shall include goals, to--
                                ``(i) notify prospective and existing
                            students who are low-income individuals and
                            families about their eligibility for Federal
                            aid under this title, as well as State-based
                            financial aid, if applicable, on an annual
                            basis;
                                ``(ii) increase the number of prospective
                            and current students who are low-income
                            individuals and families filing the Free
                            Application for Federal Student Aid; and
                                ``(iii) increase the number of prospective
                            and current students who are low-income
                            individuals and families enrolling in
                            postsecondary education.
                        ``(B) Reporting and updates.--Each entity that
                    makes a voluntary public commitment to carry out an
                    early awareness plan may submit quantitative and
                    qualitative data based on the entity's progress toward
                    the goals of the plan annually prior to a date selected
                    by the Secretary.
                        ``(C) Early awareness champions.--Based on data
                    submitted by entities, the Secretary shall select and
                    designate entities submitting public commitments,
                    plans, and goals, as Early Awareness Champions on an
                    annual basis. Those entities designated as Early
                    Awareness Champions shall provide one or more case
                    studies regarding the activities the entity undertook
                    under this paragraph which shall be made public by the
                    Secretary on the Department of Education website to
                    promote best practices.
        ``(d) Public Awareness Campaign.--
                ``(1) In general.--The Secretary shall develop and
            implement a public awareness campaign designed using current
            and relevant independent research regarding strategies and
            media platforms found to be most effective in communicating
            with low-income populations in order to increase national
            awareness regarding the availability of Federal Pell Grants and
            financial aid under this title and, at the option of the
            Secretary, potential availability of state need-based financial
            aid.
                ``(2) Coordination.--The public awareness campaign
            described in paragraph (1) shall leverage the activities in
            subsections (b) and (c) to highlight eligibility among low-
            income populations. In developing and implementing the
            campaign, the Secretary may work in coordination with States,
            institutions of higher education, early intervention and
            outreach programs under this title, other Federal agencies,
            agencies responsible for administering means-tested Federal
            benefit programs (as defined in section 479(b)(4)(H)),
            organizations involved in college access and student financial
            aid, secondary schools, local educational agencies, public
            libraries, community centers, businesses, employers, workforce
            investment boards, and organizations that provide services to
            individuals who are or were homeless, in foster care, or are
            disconnected youth.
                ``(3) Reporting.--The Secretary shall report on the success
            of the public awareness campaign described in paragraph (1)
            annually regarding the extent to which the public and target
            populations were reached using data commonly used to evaluate
            advertising and outreach campaigns and data regarding whether
            the campaign produced any increase in applicants for Federal
            aid under this title publicly on the Department of Education
            website.''.
        (p) Procedure and Requirements for Requesting Tax Return
    Information From the Internal Revenue Service.--Section 494(a)(1) of
    the Higher Education Act of 1965 (20 U.S.C. 1098h(a)(1)) is amended--
                (1) in subparagraph (A)(ii), by striking ``and'' after the
            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) if an individual is pursuing provisional
                    independent student status due to an unusual
                    circumstance, as described in section 479A and provided
                    for in section 479D, require such individual to provide
                    an affirmative approval under subparagraph (B), but not
                    require a parent of such individual to provide an
                    affirmative approval under subparagraph (B).''.

    SEC. 703. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS; APPLICATIONS.

        Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a)
    is amended to read as follows:

    ``SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS;
                  APPLICATIONS.

        ``(a) Purpose; Definitions.--
                ``(1) Purpose.--The purpose of this subpart is to provide a
            Federal Pell Grant to low-income students.
                ``(2) Definitions.--In this section--
                        ``(A) the term `adjusted gross income' means--
                                ``(i) in the case of a dependent student,
                            the adjusted gross income (as defined in
                            section 62 of the Internal Revenue Code of
                            1986) of the student's parents in the second
                            tax year preceding the academic year; and
                                ``(ii) in the case of an independent
                            student, the adjusted gross income (as defined
                            in section 62 of the Internal Revenue Code of
                            1986) of the student (and the student's spouse,
                            if applicable) in the second tax year preceding
                            the academic year;
                        ``(B) the term `family size' has the meaning given
                    the term in section 480(k);
                        ``(C) the term `poverty line' means the poverty
                    line (as determined under the poverty guidelines
                    updated periodically in the Federal Register by the
                    Department of Health and Human Services under the
                    authority of section 673(2) of the Community Services
                    Block Grant Act (42 U.S.C. 9902(2))) applicable to the
                    student's family size and applicable to the second tax
                    year preceding the academic year;
                        ``(D) the term `single parent' means--
                                ``(i) a parent of a dependent student who
                            was a head of household (as defined in section
                            2(b) of the Internal Revenue Code of 1986) or a
                            surviving spouse (as defined in section 2(a) of
                            the Internal Revenue Code of 1986) or was an
                            eligible individual for purposes of the credit
                            under section 32 of such Code, in the second
                            tax year preceding the academic year; or
                                ``(ii) an independent student who is a
                            parent and was a head of household (as defined
                            in section 2(b) of the Internal Revenue Code of
                            1986) or a surviving spouse (as defined in
                            section 2(a) of the Internal Revenue Code of
                            1986) or was an eligible individual for
                            purposes of the credit under section 32 of such
                            Code, in the second tax year preceding the
                            academic year;
                        ``(E) the term `total maximum Federal Pell Grant'
                    means the total maximum Federal Pell Grant award per
                    student for any academic year described under
                    subsection (b)(5); and
                        ``(F) the term `minimum Federal Pell Grant' means
                    the minimum amount of a Federal Pell Grant that shall
                    be awarded to a student for any academic year in which
                    that student is attending full time, which shall be
                    equal to 10 percent of the total maximum Federal Pell
                    Grant for such academic year.
        ``(b) Amount and Distribution of Grants.--
                ``(1) Determination of amount of a federal pell grant.--
            Subject to paragraphs (2) and (3), the amount of a Federal Pell
            Grant for a student shall be determined in accordance with the
            following:
                        ``(A) A student shall be eligible for a total
                    maximum Federal Pell Grant for an academic year in
                    which the student is enrolled in an eligible program
                    full time--
                                ``(i) if the student (and the student's
                            spouse, if applicable), or, in the case of a
                            dependent student, the dependent student's
                            parents (or single parent), is not required to
                            file a Federal income tax return in the second
                            year preceding the academic year;
                                ``(ii) if the student or, in the case of a
                            dependent student, the dependent student's
                            parent, is a single parent, and the adjusted
                            gross income is greater than zero and equal to
                            or less than 225 percent of the poverty line;
                            or
                                ``(iii) if the student or, in the case of a
                            dependent student, the dependent student's
                            parent, is not a single parent, and the
                            adjusted gross income is greater than zero and
                            equal to or less than 175 percent of the
                            poverty line.
                        ``(B) A student who is not eligible for a total
                    maximum Federal Pell Grant under subparagraph (A) for
                    an academic year, shall be eligible for a Federal Pell
                    Grant for an academic year in which the student is
                    enrolled in an eligible program full time if such
                    student's student aid index in such award year is less
                    than the total maximum Federal Pell Grant for that
                    award year. The amount of the Federal Pell Grant for a
                    student eligible under this subparagraph shall be--
                                ``(i) the total maximum Federal Pell Grant
                            as calculated under paragraph (5)(A) for that
                            year, less
                                ``(ii) an amount equal to the amount
                            determined to be the student aid index with
                            respect to that student for that year, except
                            that a student aid index of less than zero
                            shall be considered to be zero for the purposes
                            of this clause,
                    rounded to the nearest $5, except that a student
                    eligible for less than the minimum Federal Pell Grant
                    as defined in section (a)(2)(F) shall not be eligible
                    for an award.
                        ``(C) A student who is not eligible for a Federal
                    Pell Grant under subparagraph (A) or (B) shall be
                    eligible for the minimum Federal Pell Grant for an
                    academic year in which the student is enrolled in an
                    eligible program full time--
                                ``(i) in the case of a dependent student--
                                        ``(I) if the student's parent is a
                                    single parent, and the adjusted gross
                                    income is equal to or less than 325
                                    percent of the poverty line; or
                                        ``(II) if the student's parent is
                                    not a single parent, and the adjusted
                                    gross income is equal to or less than
                                    275 percent of the poverty line; or
                                ``(ii) in the case of an independent
                            student--
                                        ``(I) if the student is a single
                                    parent, and the adjusted gross income
                                    is equal to or less than 400 percent of
                                    the poverty line;
                                        ``(II) if the student is a parent
                                    and is not a single parent, and the
                                    adjusted gross income is equal to or
                                    less than 350 percent of the poverty
                                    line; or
                                        ``(III) if the student is not a
                                    parent, and the adjusted gross income
                                    is equal to or less than 275 percent of
                                    the poverty line.
                        ``(D) A student eligible for the total maximum
                    Federal Pell Grant under subparagraph (A) who has (or
                    whose spouse or parent, as applicable based on whose
                    information is used under such subparagraph, has)
                    foreign income that would, if added to adjusted gross
                    income, result in the student no longer being eligible
                    for such total maximum Federal Pell Grant, shall not be
                    provided a Federal Pell Grant until the student aid
                    administrator evaluates the student's FAFSA and makes a
                    determination regarding whether it is appropriate to
                    make an adjustment under section 479A(b)(1)(B)(v) to
                    account for such foreign income when determining the
                    student's eligibility for such total maximum Federal
                    Pell Grant.
                        ``(E) With respect to a student who is not eligible
                    for the total maximum Federal Pell Grant under
                    subparagraph (A) or a minimum Federal Pell Grant under
                    subparagraph (C), the Secretary shall subtract from the
                    student or parents' adjusted gross income, as
                    applicable based on whose income is used for the
                    Federal Pell Grant calculation, the sum of the
                    following for the individual whose income is so used,
                    and consider such difference the adjusted gross income
                    for purposes of determining the student's eligibility
                    for such Federal Pell Grant award under such
                    subparagraph:
                                ``(i) If the applicant, or, if applicable,
                            the parents or spouse of the applicant, elects
                            to report receiving college grant and
                            scholarship aid included in gross income on a
                            Federal tax return described in section
                            480(e)(2), the amount of such aid.
                                ``(ii) Income earned from work under part C
                            of this title.
                ``(2) Less than full-time enrollment.--In any case where a
            student is enrolled in an eligible program of an institution of
            higher education on less than a full-time basis (including a
            student who attends an institution of higher education on less
            than a half-time basis) during any academic year, the amount of
            the Federal Pell Grant to which that student is entitled shall
            be reduced in direct proportion to the degree to which that
            student is not so enrolled on a full-time basis, rounded to the
            nearest whole percentage point, as provided in a schedule of
            reductions published by the Secretary computed in accordance
            with this subpart. Such schedule of reductions shall be
            published in the Federal Register in accordance with section
            482. Such reduced Federal Pell Grant for a student enrolled on
            a less than full-time basis shall also apply proportionally to
            students who are otherwise eligible to receive the minimum
            Federal Pell Grant, if enrolled full-time.
                ``(3) Award may not exceed cost of attendance.--No Federal
            Pell Grant under this subpart shall exceed the cost of
            attendance (as defined in section 472) at the institution at
            which that student is in attendance. If, with respect to any
            student, it is determined that the amount of a Federal Pell
            Grant for that student exceeds the cost of attendance for that
            year, the amount of the Federal Pell Grant shall be reduced
            until the Federal Pell Grant does not exceed the cost of
            attendance at such institution.
                ``(4) Study abroad.--Notwithstanding any other provision of
            this subpart, the Secretary shall allow the amount of the
            Federal Pell Grant to be exceeded for students participating in
            a program of study abroad approved for credit by the
            institution at which the student is enrolled when the
            reasonable costs of such program are greater than the cost of
            attendance at the student's home institution, except that the
            amount of such Federal Pell Grant in any fiscal year shall not
            exceed the maximum amount of a Federal Pell Grant for which a
            student is eligible under paragraph (1) or (2) during such
            award year. If the preceding sentence applies, the financial
            aid administrator at the home institution may use the cost of
            the study abroad program, rather than the home institution's
            cost, to determine the cost of attendance of the student.
                ``(5) Total maximum federal pell grant.--
                        ``(A) In general.--For award year 2023-2024, and
                    each subsequent award year, the total maximum Federal
                    Pell Grant award per student shall be equal to the sum
                    of--
                                ``(i) $1,060; and
                                ``(ii) the amount specified as the maximum
                            Federal Pell Grant in the last enacted
                            appropriation Act applicable to that award
                            year.
                        ``(B) Rounding.--The total maximum Federal Pell
                    Grant for any award year shall be rounded to the
                    nearest $5.
                ``(6) Funds by fiscal year.--
                        ``(A) In general.--To carry out this section--
                                ``(i) there are authorized to be
                            appropriated and are appropriated (in addition
                            to any other amounts appropriated to carry out
                            this section and out of any money in the
                            Treasury not otherwise appropriated) such sums
                            as are necessary to carry out paragraph
                            (5)(A)(i) for fiscal year 2023 and each
                            subsequent fiscal year; and
                                ``(ii) such sums as may be necessary are
                            authorized to be appropriated to carry out
                            paragraph (5)(A)(ii) for each of the fiscal
                            years 2023 through 2033.
                        ``(B) Availability of funds.--The amounts made
                    available by subparagraph (A) for any fiscal year shall
                    be available beginning on October 1 of that fiscal
                    year, and shall remain available through September 30
                    of the succeeding fiscal year.
                ``(7) Appropriation.--
                        ``(A) In general.--In addition to any funds
                    appropriated under paragraph (6) and any funds made
                    available for this section under any appropriations
                    Act, there are authorized to be appropriated, and there
                    are appropriated (out of any money in the Treasury not
                    otherwise appropriated) to carry out this section,
                    $1,170,000,000 for fiscal year 2023 and each subsequent
                    award year.
                        ``(B) No effect on previous appropriations.--The
                    amendments made to this section by the FAFSA
                    Simplification Act shall not--
                                ``(i) increase or decrease the amounts that
                            have been appropriated or are available to
                            carry out this section for fiscal year 2017,
                            2018, 2019, 2020, 2021, or 2022 as of the day
                            before the effective date of such Act; or
                                ``(ii) extend the period of availability
                            for obligation that applied to any such amount,
                            as of the day before such effective date.
                        ``(C) Availability of funds.--The amounts made
                    available by this paragraph for any fiscal year shall
                    be available beginning on October 1 of that fiscal
                    year, and shall remain available through September 30
                    of the succeeding fiscal year.
                ``(8) Method of distribution.--
                        ``(A) In general.--For each fiscal year through
                    fiscal year 2033, the Secretary shall pay to each
                    eligible institution such sums as may be necessary to
                    pay each eligible student for each academic year during
                    which that student is in attendance at an institution
                    of higher education as an undergraduate, a Federal Pell
                    Grant in the amount for which that student is eligible.
                        ``(B) Alternative disbursement.--Nothing in this
                    section shall be interpreted to prohibit the Secretary
                    from paying directly to students, in advance of the
                    beginning of the academic term, an amount for which
                    they are eligible, in the cases where an eligible
                    institution does not participate in the disbursement
                    system under subparagraph (A).
                ``(9) Additional payment periods in same award year.--
                        ``(A) Effective in the 2017-2018 award year and
                    thereafter, the Secretary shall award an eligible
                    student not more than one and one-half Federal Pell
                    Grants during a single award year to permit such
                    student to work toward completion of an eligible
                    program if, during that single award year, the student
                    has received a Federal Pell Grant for an award year and
                    is enrolled in an eligible program for one or more
                    additional payment periods during the same award year
                    that are not otherwise fully covered by the student's
                    Federal Pell Grant.
                        ``(B) In the case of a student receiving more than
                    one Federal Pell Grant in a single award year under
                    subparagraph (A), the total amount of Federal Pell
                    Grants awarded to such student for the award year may
                    exceed the total maximum Federal Pell Grant available
                    for an award year.
                        ``(C) Any period of study covered by a Federal Pell
                    Grant awarded under subparagraph (A) shall be included
                    in determining a student's duration limit under
                    subsection (d)(5).
                        ``(D) In any case where an eligible student is
                    receiving a Federal Pell Grant for a payment period
                    that spans 2 award years, the Secretary shall allow the
                    eligible institution in which the student is enrolled
                    to determine the award year to which the additional
                    period shall be assigned, as it determines is most
                    beneficial to students.
        ``(c) Special Rule.--
                ``(1) In general.--A student described in paragraph (2)
            shall be eligible for the total maximum Federal Pell Grant.
                ``(2) Applicability.--Paragraph (1) shall apply to any
            dependent or independent student--
                        ``(A) who is eligible to receive a Federal Pell
                    Grant according to subsection (b)(1) for the award year
                    for which the determination is made;
                        ``(B) whose parent or guardian was--
                                ``(i) an individual who, on or after
                            September 11, 2001, died in the line of duty
                            while serving on active duty as a member of the
                            Armed Forces; or
                                ``(ii) actively serving as a public safety
                            officer and died in the line of duty while
                            performing as a public safety officer; and
                        ``(C) who is less than 33 years of age.
                ``(3) Information.--Notwithstanding any other provision of
            law--
                        ``(A) the Secretary shall establish the necessary
                    data-sharing agreements with the Secretary of Veterans
                    Affairs and the Secretary of Defense, as applicable, to
                    provide the information necessary to determine which
                    students meet the requirements of paragraph (2)(B)(i);
                    and
                        ``(B) the financial aid administrator shall verify
                    with the student that the student is eligible for the
                    adjustment and notify the Secretary of the adjustment
                    of the student's eligibility.
                ``(4) Treatment of pell amount.--Notwithstanding section
            1212 of the Omnibus Crime Control and Safe Streets Act of 1968
            (34 U.S.C. 10302), in the case of a student who receives an
            increased Federal Pell Grant amount under this section, the
            total amount of such Federal Pell Grant, including the increase
            under this subsection, shall not be considered in calculating
            that student's educational assistance benefits under the Public
            Safety Officers' Benefits program under subpart 2 of part L of
            title I of such Act.
                ``(5) Definition of public safety officer.--For purposes of
            this subsection, the term `public safety officer' means--
                        ``(A) a public safety officer, as defined in
                    section 1204 of title I of the Omnibus Crime Control
                    and Safe Streets Act of 1968 (34 U.S.C. 10284); or
                        ``(B) a fire police officer, defined as an
                    individual who--
                                ``(i) is serving in accordance with State
                            or local law as an officially recognized or
                            designated member of a legally organized public
                            safety agency;
                                ``(ii) is not a law enforcement officer, a
                            firefighter, a chaplain, or a member of a
                            rescue squad or ambulance crew; and
                                ``(iii) provides scene security or directs
                            traffic--
                                        ``(I) in response to any fire
                                    drill, fire call, or other fire,
                                    rescue, or police emergency; or
                                        ``(II) at a planned special event.
        ``(d) Period of Eligibility for Grants.--
                ``(1) In general.--The period during which a student may
            receive Federal Pell Grants shall be the period required for
            the completion of the first undergraduate baccalaureate course
            of study being pursued by that student at the institution at
            which the student is in attendance, except that any period
            during which the student is enrolled in a noncredit or remedial
            course of study, as described in paragraph (2), shall not be
            counted for the purpose of this paragraph.
                ``(2) Noncredit or remedial courses; study abroad.--Nothing
            in this section shall exclude from eligibility courses of study
            which are noncredit or remedial in nature (including courses in
            English language instruction) which are determined by the
            institution to be necessary to help the student be prepared for
            the pursuit of a first undergraduate baccalaureate degree or
            certificate or, in the case of courses in English language
            instruction, to be necessary to enable the student to use
            already existing knowledge, training, or skills. Nothing in
            this section shall exclude from eligibility programs of study
            abroad that are approved for credit by the home institution at
            which the student is enrolled.
                ``(3) No concurrent payments.--No student is entitled to
            receive Pell Grant payments concurrently from more than one
            institution or from both the Secretary and an institution.
                ``(4) Postbaccalaureate program.--Notwithstanding paragraph
            (1), the Secretary may allow, on a case-by-case basis, a
            student to receive a Federal Pell Grant if the student--
                        ``(A) is carrying at least one-half the normal
                    full-time work load for the course of study the student
                    is pursuing, as determined by the institution of higher
                    education; and
                        ``(B) is enrolled or accepted for enrollment in a
                    postbaccalaureate program that does not lead to a
                    graduate degree, and in courses required by a State in
                    order for the student to receive a professional
                    certification or licensing credential that is required
                    for employment as a teacher in an elementary school or
                    secondary school in that State,
            except that this paragraph shall not apply to a student who is
            enrolled in an institution of higher education that offers a
            baccalaureate degree in education.
                ``(5) Maximum period.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the period during which a student may
                    receive Federal Pell Grants shall not exceed 12
                    semesters, or the equivalent of 12 semesters, as
                    determined by the Secretary by regulation. Such
                    regulations shall provide, with respect to a student
                    who received a Federal Pell Grant for a term but was
                    enrolled at a fraction of full time, that only that
                    same fraction of such semester or equivalent shall
                    count towards such duration limits.
                        ``(B) Exception.--
                                ``(i) In general.--Any Federal Pell Grant
                            that a student received during a period
                            described in subclause (I) or (II) of clause
                            (ii) shall not count towards the student's
                            duration limits under this paragraph.
                                ``(ii) Applicable periods.--Clause (i)
                            shall apply with respect to any Federal Pell
                            Grant awarded to a student to enroll in an
                            eligible program at an institution--
                                        ``(I) during a period of a
                                    student's attendance at an
                                    institution--
                                                ``(aa) at which the student
                                            was unable to complete a course
                                            of study due to the closing of
                                            the institution; or
                                                ``(bb) for which the
                                            student was falsely certified
                                            as eligible for Federal aid
                                            under this title; or
                                        ``(II) during a period--
                                                ``(aa) for which the
                                            student received a loan under
                                            this title; and
                                                ``(bb) for which the loan
                                            described in item (aa) is
                                            discharged under--

                                                        ``(AA) section
                                                    437(c)(1) or section
                                                    464(g)(1);

                                                        ``(BB) section
                                                    432(a)(6); or

                                                        ``(CC) section
                                                    455(h) due to the
                                                    student's successful
                                                    assertion of a defense
                                                    to repayment of the
                                                    loan, including
                                                    defenses provided to
                                                    any applicable groups
                                                    of students.

        ``(e) Applications for Grants.--
                ``(1) Deadlines.--The Secretary shall from time to time set
            dates by which students shall file the Free Application for
            Federal Student Aid under section 483.
                ``(2) Application.--Each student desiring a Federal Pell
            Grant for any year shall file the Free Application for Federal
            Student Aid containing the information necessary to enable the
            Secretary to carry out the functions and responsibilities of
            this subpart.
        ``(f) Distribution of Grants to Students.--Payments under this
    section shall be made in accordance with regulations promulgated by the
    Secretary for such purpose, in such manner as will best accomplish the
    purpose of this section. Any disbursement allowed to be made by
    crediting the student's account shall be limited to tuition and fees,
    and food and housing if that food and housing is institutionally owned
    or operated. The student may elect to have the institution provide
    other such goods and services by crediting the student's account.
        ``(g) Insufficient Appropriations.--If, for any fiscal year, the
    funds appropriated for payments under this subpart are insufficient to
    satisfy fully all entitlements, as calculated under subsections (b) and
    (c) (but at the maximum grant level specified in such appropriation),
    the Secretary shall promptly transmit a notice of such insufficiency to
    each House of the Congress, and identify in such notice the additional
    amount that would be required to be appropriated to satisfy fully all
    entitlements (as so calculated at such maximum grant level).
        ``(h) Use of Excess Funds.--
                ``(1) 15 percent or less.--If, at the end of a fiscal year,
            the funds available for making payments under this subpart
            exceed the amount necessary to make the payments required under
            this subpart to eligible students by 15 percent or less, then
            all of the excess funds shall remain available for making
            payments under this subpart during the next succeeding fiscal
            year.
                ``(2) More than 15 percent.--If, at the end of a fiscal
            year, the funds available for making payments under this
            subpart exceed the amount necessary to make the payments
            required under this subpart to eligible students by more than
            15 percent, then all of such funds shall remain available for
            making such payments but payments may be made under this
            paragraph only with respect to entitlements for that fiscal
            year.
        ``(i) Treatment of Institutions and Students Under Other Laws.--Any
    institution of higher education which enters into an agreement with the
    Secretary to disburse to students attending that institution the
    amounts those students are eligible to receive under this subpart shall
    not be deemed, by virtue of such agreement, a contractor maintaining a
    system of records to accomplish a function of the Secretary. Recipients
    of Pell Grants shall not be considered to be individual grantees for
    purposes of chapter 81 of title 41, United States Code.
        ``(j) Institutional Ineligibility Based on Default Rates.--
                ``(1) In general.--No institution of higher education shall
            be an eligible institution for purposes of this subpart if such
            institution of higher education is ineligible to participate in
            a loan program under part B or D as a result of a final default
            rate determination made by the Secretary under part B or D
            after the final publication of cohort default rates for fiscal
            year 1996 or a succeeding fiscal year.
                ``(2) Sanctions subject to appeal opportunity.--No
            institution may be subject to the terms of this subsection
            unless the institution has had the opportunity to appeal the
            institution's default rate determination under regulations
            issued by the Secretary for the loan program authorized under
            part B or D, as applicable. This subsection shall not apply to
            an institution that was not participating in the loan program
            authorized under part B or D on October 7, 1998, unless the
            institution subsequently participates in the loan programs.''.

    SEC. 704. CONFORMING AMENDMENTS.

        The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is
    amended--
                (1) by striking ``the expected family contribution'' each
            place the term appears and inserting ``the student aid index'';
                (2) by striking ``expected family contributions'' each
            place the term appears and inserting ``student aid indexes'';
                (3) by striking ``an expected family contribution'' each
            place the term appears and inserting ``a student aid index'';
                (4) by striking ``average expected family contribution''
            each place the term appears and inserting ``average student aid
            index'';
                (5) in section 415E(c)(1)(B)(vii), by striking ``automatic
            zero expected family contribution'' and inserting ``automatic
            zero student aid index''; and
                (6) in section 428(a)(2)(B), by striking ``expected family
            contribution'' and inserting ``student aid index''.

    SEC. 705. REPEAL OF THE SUBSIDIZED USAGE LIMIT APPLIES (SULA)
                  RESTRICTION.

        (a) Repeal.--Section 455(q) of the Higher Education Act of 1965 (20
    U.S.C. 1087e(q)) is repealed.
        (b) Early Effective Date Permitted.--Notwithstanding section 701(b)
    of this Act and section 455(q) of the Higher Education Act of 1965 (20
    U.S.C. 1087e(q)) as in effect on the date of enactment of this Act, the
    Secretary of Education may implement the repeal authorized under
    subsection (a) before (but not later than) July 1, 2023. The Secretary
    shall specify in a designation on what date and for which award years
    the implementation of such repeal will be effective prior to July 1,
    2023. The Secretary shall publish any designation under this paragraph
    in the Federal Register at least 60 days before implementation.

    SEC. 706. FORGIVENESS OF HBCU CAPITAL FINANCING LOANS.

        (a) Forgiveness.--Not later than 90 days after the effective date
    of this section, the Secretary of Education shall repay each
    institution of higher education's outstanding balance of principal,
    interest, fees, and costs on the disbursed loan amounts (as of such
    effective date) under each applicable closed loan agreement, including
    paying any reimbursement (including reimbursements of escrow and return
    of fees and deposits) relating to the applicable closed loan agreement
    that are usual and customary when the loan is paid off by the
    institution.
        (b) Applicable Closed Loan Agreement.--In this section, the term
    ``applicable closed loan agreement'' means each of the following:
                (1) A closed loan agreement executed before the date of
            enactment of this Act and made under part D of title III of the
            Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).
                (2) A closed loan agreement executed before the date of
            enactment of this Act and made for deferment balances
            authorized under--
                        (A) section 3512 of the CARES Act (20 U.S.C. 1001
                    note);
                        (B) title III of division A of the Further
                    Consolidated Appropriations Act, 2020 (Public Law 116-
                    94; 133 Stat. 2586);
                        (C) title III of division B of the Department of
                    Defense and Labor, Health and Human Services, and
                    Education Appropriations Act, 2019 and Continuing
                    Appropriations Act, 2019 (Public Law 115-245; 132 Stat.
                    3097); or
                        (D) title III of division H of the Consolidated
                    Appropriations Act, 2018 (Public Law 115-141; 132 Stat.
                    741).
        (c) Authorization and Appropriation.--There are authorized to be
    appropriated, and there are appropriated, out of any amounts in the
    Treasury not otherwise appropriated, such sums as may be necessary to
    carry out subsection (a).
        (d) Effective Date.--Notwithstanding section 701(b), this section
    shall take effect on the date of enactment of this Act.

     TITLE VIII--ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY
                       THE SOCIAL SECURITY ADMINISTRATION

    SEC. 801. ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY THE
                  SOCIAL SECURITY ADMINISTRATION.

        (a) In General.--Section 205(r) of the Social Security Act (42
    U.S.C. 405(r)) is amended--
                (1) in paragraph (2)--
                        (A) by striking ``Each State'' and inserting ``(A)
                    Each State'';
                        (B) by striking ``may'' and inserting ``shall'';
                        (C) by striking ``from amounts available for
                    administration of this Act the reasonable costs
                    (established by the Commissioner of Social Security in
                    consultations with the States) for transcribing and
                    transmitting such information to the Commissioner of
                    Social Security.'' and inserting ``for the following:
                                ``(i) A fee, to be established pursuant to
                            subparagraph (B), for the use of such
                            information by--
                                        ``(I) the Commissioner; and
                                        ``(II) any other agency that
                                    receives such information from the
                                    Commissioner and is subject to the
                                    requirements of subparagraph (3)(A).
                                ``(ii) The full documented cost to the
                            State of transmitting such information to the
                            Commissioner, including the costs of
                            maintaining, enhancing, and operating any
                            electronic system used solely for transmitting
                            such information to the Commissioner.
                        ``(B) The fee for the use of such information shall
                    be established by the Commissioner of Social Security
                    in consultations with the States, and shall include--
                                ``(i) a share of the costs to the State
                            associated with collecting and maintaining such
                            information; ensuring the completeness,
                            timeliness, and accuracy of such information;
                            and maintaining, enhancing, and operating the
                            electronic systems that allow for the
                            transmission of such information; and
                                ``(ii) a fee for the right to use such
                            information.
                        ``(C) The Commissioner of Social Security shall not
                    use amounts provided for a fiscal year in an
                    appropriation Act under the heading `Limitation on
                    Administrative Expenses' for the Social Security
                    Administration for the amounts under paragraph (3)(A),
                    except as the Commissioner determines is necessary on a
                    temporary basis and subject to reimbursement under such
                    paragraph.'';
                (2) in paragraph (3)(A), by striking ``for the reasonable
            cost of carrying out such arrangement, and'' and inserting
            ``for--
                                ``(i) the agency's proportional share (as
                            determined by the Commissioner in consultation
                            with the head of the agency) of--
                                        ``(I) the payments to States
                                    required under paragraph (2)(A);
                                        ``(II) the costs to the
                                    Commissioner of developing the
                                    contracts described in paragraph (1);
                                    and
                                        ``(III) the costs to the
                                    Commissioner of carrying out the study
                                    required under section 802 of division
                                    FF of the Consolidated Appropriations
                                    Act, 2021; and
                                ``(ii) the full documented cost to the
                            Commissioner of developing such arrangement and
                            transmitting such information to the agency;
                            and'';
                (3) in paragraph (5)--
                        (A) by striking ``such records as may be corrected
                    under this section'' and inserting ``all information
                    regarding deceased individuals furnished to or
                    maintained by the Commissioner under this subsection'';
                    and
                        (B) by striking ``by Federal and State agencies''
                    and inserting ``by a Federal or State agency, provided
                    that the requirements of subparagraphs (A) and (B) of
                    paragraph (3) are met'';
                (4) by redesignating paragraphs (7) through (9) as
            paragraphs (8) through (10), respectively, and inserting after
            paragraph (6) the following new paragraph:
                ``(7) In the event an individual is incorrectly identified
            as deceased in the records furnished by a State to the
            Commissioner of Social Security under this subsection and the
            individual provides the Commissioner with the necessary
            documentation to correct such identification, the Commissioner
            may--
                        ``(A) notify the State of the error in the records
                    so furnished; and
                        ``(B) inform the individual of the source of the
                    incorrect death data.'';
                (5) in paragraph (9)(F), as so redesignated, by striking
            ``the Commission'' and inserting ``the Commissioner'';
                (6) in paragraph (10), as so redesignated--
                        (A) by adjusting the left margin so as to align
                    with the left margin of paragraph (9); and
                        (B) in subparagraph (A)(i), by inserting ``,
                    provided that the requirements of subparagraphs (A) and
                    (B) of paragraph (3) are met with respect to such
                    agreement'' before the semicolon; and
                (7) by adding at the end the following new paragraph:
                ``(11) During the 3-year period that begins on the
            effective date of this paragraph, the Commissioner of Social
            Security shall, to the extent feasible, provide information
            furnished to the Commissioner under paragraph (1) to the agency
            operating the Do Not Pay working system described in section
            3354(c) of title 31, United States Code, to prevent improper
            payments to deceased individuals through a cooperative
            arrangement with such agency, provided that the requirements of
            subparagraphs (A) and (B) of paragraph (3) are met with respect
            to such arrangement with such agency.''.
        (b) Effective Dates.--
                (1) In general.--Subject to paragraph (2), the amendments
            made by this section shall take effect on the date of enactment
            of this Act.
                (2) Delay.--The amendment made by paragraph (7) of
            subsection (a) shall take effect on the date that is 3 years
            after the date of enactment of this Act.

    SEC. 802. STUDY AND REPORT TO CONGRESS ON SOURCES AND ACCESS TO DEATH
                  DATA.

        (a) Study.--Not later than 180 days after the date of enactment of
    this Act, the Commissioner of Social Security shall enter into an
    agreement with the National Academy of Public Administration to conduct
    an independent study of the current and potential sources for, and
    provision of access to, State-owned death data for limited use by
    Federal agencies and programs for purposes of program administration
    and payment integrity. Such study shall be performed in consultation
    with State vital records agencies, the National Association for Public
    Health Statistics and Information Systems (NAPHSIS), the Commissioner
    of Social Security, the agency operating the Do Not Pay working system
    described in section 3354(c) of title 31, United States Code, and other
    Federal agencies using such death data, as appropriate, and shall
    include the following:
                (1) Analysis of the following:
                        (A) The sources and owners of the death data.
                        (B) The timeliness, accuracy, and completeness of
                    State-owned death data, including the process for
                    correcting inaccuracies .
                        (C) Federal and State laws that may affect legal
                    access to, and protections for, State-owned death data.
                        (D) Federalism and the appropriate roles of the
                    relevant Federal and State entities, including States'
                    role in recording vital records and the core mission
                    and responsibility of any Federal agency involved.
                        (E) The costs incurred for each step of the death
                    data collection, management, protection (legal and
                    otherwise), and transmission processes, and the
                    challenges to adequate funding of State vital records
                    programs.
                        (F) Unmet needs (if any) for these data among
                    Federal agencies or programs.
                        (G) Options for providing Federal agencies with
                    limited access to State-owned death data, including
                    Federal agencies contracting directly with States for
                    access to such data or distribution of such data via
                    the Commissioner of Social Security or another Federal
                    agency or program, and corresponding options for
                    appropriate reimbursement structures.
                (2) An assessment of the strengths and limitations of the
            options for distribution and reimbursement identified in
            paragraph (1)(G).
        (b) Report.--Upon completion of the study required under subsection
    (a), the Commissioner of Social Security shall transmit the study to
    the Committees on Ways and Means and Oversight and Reform of the House
    of Representatives, and the Committees on Finance and Homeland Security
    and Governmental Affairs of the Senate.

              TITLE IX--TELECOMMUNICATIONS AND CONSUMER PROTECTION

    SEC. 901. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL
                  CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION
                  SOURCES.

        (a) Short Title.--This section may be cited as the ``Portable Fuel
    Container Safety Act of 2020''.
        (b) Standards.--
                (1) Rule on safety performance standards required.--Not
            later than 30 months after the date of enactment of this Act,
            the Consumer Product Safety Commission (referred to in this Act
            as the ``Commission'') shall promulgate a final rule to require
            flame mitigation devices in portable fuel containers that
            impede the propagation of flame into the container, except as
            provided in paragraph (3).
                (2) Rulemaking; consumer product safety standard.--A rule
            under paragraph (1)--
                        (A) shall be promulgated in accordance with section
                    553 of title 5, United States Code; and
                        (B) shall be treated as a consumer product safety
                    rule promulgated under section 9 of the Consumer
                    Product Safety Act (15 U.S.C. 2058).
                (3) Exception.--
                        (A) Voluntary standard.--Paragraph (1) shall not
                    apply for a class of portable fuel containers in the
                    scope of this Act if the Commission determines at any
                    time that--
                                (i) there is a voluntary standard for flame
                            mitigation devices for those containers that
                            impedes the propagation of flame into the
                            container;
                                (ii) the voluntary standard described in
                            clause (i) is or will be in effect not later
                            than 18 months after the date of enactment of
                            this Act; and
                                (iii) the voluntary standard described in
                            clause (i) is developed by ASTM International
                            or such other standard development organization
                            that the Commission determines to have met the
                            intent of this Act.
                        (B) Determination required to be published in the
                    federal register.--Any determination made by the
                    Commission under this subsection shall be published in
                    the Federal Register.
                (4) Treatment of voluntary standard for purpose of
            enforcement.--If the Commission determines that a voluntary
            standard meets the conditions described in paragraph (3)(A),
            the requirements of such voluntary standard shall be treated as
            a consumer product safety rule promulgated under section 9 of
            the Consumer Product Safety Act (15 U.S.C. 2058) beginning on
            the date which is the later of--
                        (A) 180 days after publication of the Commission's
                    determination under paragraph (3); or
                        (B) the effective date contained in the voluntary
                    standard.
                (5) Revision of voluntary standard.--
                        (A) Notice to commission.--If the requirements of a
                    voluntary standard that meet the conditions of
                    paragraph (3) are subsequently revised, the
                    organization that revised the standard shall notify the
                    Commission after the final approval of the revision.
                        (B) Effective date of revision.--Not later than 180
                    days after the Commission is notified of a revised
                    voluntary standard described in subparagraph (A) (or
                    such later date as the Commission determines
                    appropriate), such revised voluntary standard shall
                    become enforceable as a consumer product safety rule
                    promulgated under section 9 of the Consumer Product
                    Safety Act (15 U.S.C. 2058), in place of the prior
                    version, unless within 90 days after receiving the
                    notice the Commission determines that the revised
                    voluntary standard does not meet the requirements
                    described in paragraph (3).
                (6) Future rulemaking.--The Commission, at any time after
            publication of the consumer product safety rule required by
            paragraph (1), a voluntary standard is treated as a consumer
            product safety rule under paragraph (4), or a revision is
            enforceable as a consumer product safety rule under paragraph
            (5) may initiate a rulemaking in accordance with section 553 of
            title 5, United States Code, to modify the requirements or to
            include any additional provision that the Commission determines
            is reasonably necessary to protect the public against flame
            jetting from a portable fuel container. Any rule promulgated
            under this subsection shall be treated as a consumer product
            safety rule promulgated under section 9 of the Consumer Product
            Safety Act (15 U.S.C. 2058).
                (7) Action required.--
                        (A) Education campaign.--Not later than 1 year
                    after the date of enactment of this Act, the Commission
                    shall undertake a campaign to educate consumers about
                    the dangers associated with using or storing portable
                    fuel containers for flammable liquids near an open
                    flame or any other source of ignition.
                        (B) Summary of actions.--Not later than 2 years
                    after the date of enactment of this Act, the Commission
                    shall submit to Congress a summary of actions taken by
                    the Commission in such campaign.
                (8) Portable fuel container defined.--In this Act, the term
            ``portable fuel container'' means any container or vessel
            (including any spout, cap, and other closure mechanism or
            component of such container or vessel or any retrofit or
            aftermarket spout or component intended or reasonably
            anticipated to be for use with such container)--
                        (A) intended for flammable liquid fuels with a
                    flash point less than 140 degrees Fahrenheit, including
                    gasoline, kerosene, diesel, ethanol, methanol,
                    denatured alcohol, or biofuels;
                        (B) that is a consumer product with a capacity of 5
                    gallons or less; and
                        (C) that the manufacturer knows or reasonably
                    should know is used by consumers for transporting,
                    storing, and dispensing flammable liquid fuels.
                (9) Rule of construction.--This Act may not be interpreted
            to conflict with the Children's Gasoline Burn Prevention Act
            (Public Law 110-278; 122 Stat. 2602).
        (c) Children's Gasoline Burn Prevention Act.--
                (1) Amendment.--Section 2(c) of the Children's Gasoline
            Burn Prevention Act (15 U.S.C. 2056 note; Public Law 110-278)
            is amended by inserting after ``for use by consumers'' the
            following: ``and any receptacle for gasoline, kerosene, or
            diesel fuel, including any spout, cap, and other closure
            mechanism and component of such receptacle or any retrofit or
            aftermarket spout or component intended or reasonably
            anticipated to be for use with such receptacle, produced or
            distributed for sale to or use by consumers for transport of,
            or refueling of internal combustion engines with, gasoline,
            kerosene, or diesel fuel''.
                (2) Applicability.--The amendment made by paragraph (1)
            shall take effect 6 months after the date of enactment of this
            Act.

    SEC. 902. DON'T BREAK UP THE T-BAND.

        (a) Short Title.--This section may be cited as the ``Don't Break Up
    the T-Band Act of 2020''.
        (b) Repeal of Requirement to Reallocate and Auction T-Band
    Spectrum.--
                (1) Repeal.--Section 6103 of the Middle Class Tax Relief
            and Job Creation Act of 2012 (47 U.S.C. 1413) is repealed.
                (2) Clerical amendment.--The table of contents in section
            1(b) of such Act is amended by striking the item relating to
            section 6103.
        (c) Clarifying Acceptable 9-1-1 Obligations or Expenditures.--
    Section 6 of the Wireless Communications and Public Safety Act of 1999
    (47 U.S.C. 615a-1) is amended--
                (1) in subsection (f)--
                        (A) in paragraph (1), by striking ``as specified in
                    the provision of State or local law adopting the fee or
                    charge'' and inserting ``consistent with the purposes
                    and functions designated in the final rules issued
                    under paragraph (3) as purposes and functions for which
                    the obligation or expenditure of such a fee or charge
                    is acceptable'';
                        (B) in paragraph (2), by striking ``any purpose
                    other than the purpose for which any such fees or
                    charges are specified'' and inserting ``any purpose or
                    function other than the purposes and functions
                    designated in the final rules issued under paragraph
                    (3) as purposes and functions for which the obligation
                    or expenditure of any such fees or charges is
                    acceptable''; and
                        (C) by adding at the end the following:
                ``(3) Acceptable obligations or expenditures.--
                        ``(A) Rules required.--In order to prevent
                    diversion of 9-1-1 fees or charges, the Commission
                    shall, not later than 180 days after the date of the
                    enactment of this paragraph, issue final rules
                    designating purposes and functions for which the
                    obligation or expenditure of 9-1-1 fees or charges, by
                    any State or taxing jurisdiction authorized to impose
                    such a fee or charge, is acceptable.
                        ``(B) Purposes and functions.--The purposes and
                    functions designated under subparagraph (A) shall be
                    limited to the support and implementation of 9-1-1
                    services provided by or in the State or taxing
                    jurisdiction imposing the fee or charge and operational
                    expenses of public safety answering points within such
                    State or taxing jurisdiction. In designating such
                    purposes and functions, the Commission shall consider
                    the purposes and functions that States and taxing
                    jurisdictions specify as the intended purposes and
                    functions for the 9-1-1 fees or charges of such States
                    and taxing jurisdictions, and determine whether such
                    purposes and functions directly support providing 9-1-1
                    services.
                        ``(C) Consultation required.--The Commission shall
                    consult with public safety organizations and States and
                    taxing jurisdictions as part of any proceeding under
                    this paragraph.
                        ``(D) Definitions.--In this paragraph:
                                ``(i) 9-1-1 fee or charge.--The term `9-1-1
                            fee or charge' means a fee or charge applicable
                            to commercial mobile services or IP-enabled
                            voice services specifically designated by a
                            State or taxing jurisdiction for the support or
                            implementation of 9-1-1 services.
                                ``(ii) 9-1-1 services.--The term `9-1-1
                            services' has the meaning given such term in
                            section 158(e) of the National
                            Telecommunications and Information
                            Administration Organization Act (47 U.S.C.
                            942(e)).
                                ``(iii) State or taxing jurisdiction.--The
                            term `State or taxing jurisdiction' means a
                            State, political subdivision thereof, Indian
                            Tribe, or village or regional corporation
                            serving a region established pursuant to the
                            Alaska Native Claims Settlement Act (43 U.S.C.
                            1601 et seq.).
                ``(4) Participation.--If a State or taxing jurisdiction (as
            defined in paragraph (3)(D)) receives a grant under section 158
            of the National Telecommunications and Information
            Administration Organization Act (47 U.S.C. 942) after the date
            of the enactment of this paragraph, such State or taxing
            jurisdiction shall, as a condition of receiving such grant,
            provide the information requested by the Commission to prepare
            the report required by paragraph (2).
                ``(5) Petition regarding additional purposes and
            functions.--
                        ``(A) In general.--A State or taxing jurisdiction
                    (as defined in paragraph (3)(D)) may submit to the
                    Commission a petition for a determination that an
                    obligation or expenditure of a 9-1-1 fee or charge (as
                    defined in such paragraph) by such State or taxing
                    jurisdiction for a purpose or function other than a
                    purpose or function designated under paragraph (3)(A)
                    should be treated as such a purpose or function. If the
                    Commission finds that the State or taxing jurisdiction
                    has provided sufficient documentation to make the
                    demonstration described in subparagraph (B), the
                    Commission shall grant such petition.
                        ``(B) Demonstration described.--The demonstration
                    described in this subparagraph is a demonstration that
                    the purpose or function--
                                ``(i) supports public safety answering
                            point functions or operations; or
                                ``(ii) has a direct impact on the ability
                            of a public safety answering point to--
                                        ``(I) receive or respond to 9-1-1
                                    calls; or
                                        ``(II) dispatch emergency
                                    responders.''; and
                (2) by adding at the end the following:
        ``(j) Severability Clause.--If any provision of this section or the
    application thereof to any person or circumstance is held invalid, the
    remainder of this section and the application of such provision to
    other persons or circumstances shall not be affected thereby.''.
        (d) Prohibition on 9-1-1 Fee or Charge Diversion.--
                (1) In general.--If the Commission obtains evidence that
            suggests the diversion by a State or taxing jurisdiction of 9-
            1-1 fees or charges, the Commission shall submit such
            information, including any information regarding the impact of
            any underfunding of 9-1-1 services in the State or taxing
            jurisdiction, to the interagency strike force established under
            paragraph (3).
                (2) Report to congress.--Beginning with the first report
            under section 6(f)(2) of the Wireless Communications and Public
            Safety Act of 1999 (47 U.S.C. 615a-1(f)(2)) that is required to
            be submitted after the date that is 1 year after the date of
            the enactment of this Act, the Commission shall include in each
            report required under such section all evidence that suggests
            the diversion by a State or taxing jurisdiction of 9-1-1 fees
            or charges, including any information regarding the impact of
            any underfunding of 9-1-1 services in the State or taxing
            jurisdiction.
                (3) Interagency strike force to end 9-1-1 fee or charge
            diversion.--
                        (A) Establishment.--Not later than 180 days after
                    the date of the enactment of this Act, the Commission
                    shall establish an interagency strike force to study
                    how the Federal Government can most expeditiously end
                    diversion by a State or taxing jurisdiction of 9-1-1
                    fees or charges. Such interagency strike force shall be
                    known as the ``Ending 9-1-1 Fee Diversion Now Strike
                    Force'' (in this subsection referred to as the ``Strike
                    Force'').
                        (B) Duties.--In carrying out the study under
                    subparagraph (A), the Strike Force shall--
                                (i) determine the effectiveness of any
                            Federal laws, including regulations, policies,
                            and practices, or budgetary or jurisdictional
                            constraints regarding how the Federal
                            Government can most expeditiously end diversion
                            by a State or taxing jurisdiction of 9-1-1 fees
                            or charges;
                                (ii) consider whether criminal penalties
                            would further prevent diversion by a State or
                            taxing jurisdiction of 9-1-1 fees or charges;
                            and
                                (iii) determine the impacts of diversion by
                            a State or taxing jurisdiction of 9-1-1 fees or
                            charges.
                        (C) Members.--The Strike Force shall be composed of
                    such representatives of Federal departments and
                    agencies as the Commission considers appropriate, in
                    addition to--
                                (i) State attorneys general;
                                (ii) States or taxing jurisdictions found
                            not to be engaging in diversion of 9-1-1 fees
                            or charges;
                                (iii) States or taxing jurisdictions trying
                            to stop the diversion of 9-1-1 fees or charges;
                                (iv) State 9-1-1 administrators;
                                (v) public safety organizations;
                                (vi) groups representing the public and
                            consumers; and
                                (vii) groups representing public safety
                            answering point professionals.
                        (D) Report to congress.--Not later than 270 days
                    after the date of the enactment of this Act, the Strike
                    Force shall publish on the website of the Commission
                    and submit to the Committee on Energy and Commerce of
                    the House of Representatives and the Committee on
                    Commerce, Science, and Transportation of the Senate a
                    report on the findings of the study under this
                    paragraph, including--
                                (i) any recommendations regarding how to
                            most expeditiously end the diversion by a State
                            or taxing jurisdiction of 9-1-1 fees or
                            charges, including actions that can be taken by
                            Federal departments and agencies and
                            appropriate changes to law or regulations; and
                                (ii) a description of what progress, if
                            any, relevant Federal departments and agencies
                            have made in implementing the recommendations
                            under clause (i).
                (4) Failure to comply.--Notwithstanding any other provision
            of law, any State or taxing jurisdiction identified by the
            Commission in the report required under section 6(f)(2) of the
            Wireless Communications and Public Safety Act of 1999 (47
            U.S.C. 615a-1(f)(2)) as engaging in diversion of 9-1-1 fees or
            charges shall be ineligible to participate or send a
            representative to serve on any committee, panel, or council
            established under section 6205(a) of the Middle Class Tax
            Relief and Job Creation Act of 2012 (47 U.S.C. 1425(a)) or any
            advisory committee established by the Commission.
        (e) Rule of Construction.--Nothing in this Act, the Wireless
    Communications and Public Safety Act of 1999 (Public Law 106-81), or
    the Communications Act of 1934 (47 U.S.C. 151 et seq.) shall be
    construed to prevent a State or taxing jurisdiction from requiring an
    annual audit of the books and records of a provider of 9-1-1 services
    concerning the collection and remittance of a 9-1-1 fee or charge.
        (f) Definitions.--In this Act:
                (1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge''
            has the meaning given such term in subparagraph (D) of
            paragraph (3) of section 6(f) of the Wireless Communications
            and Public Safety Act of 1999, as added by this Act.
                (2) 9-1-1 services.--The term ``9-1-1 services'' has the
            meaning given such term in section 158(e) of the National
            Telecommunications and Information Administration Organization
            Act (47 U.S.C. 942(e)).
                (3) Commission.--The term ``Commission'' means the Federal
            Communications Commission.
                (4) Diversion.--The term ``diversion'' means, with respect
            to a 9-1-1 fee or charge, the obligation or expenditure of such
            fee or charge for a purpose or function other than the purposes
            and functions designated in the final rules issued under
            paragraph (3) of section 6(f) of the Wireless Communications
            and Public Safety Act of 1999, as added by this Act, as
            purposes and functions for which the obligation or expenditure
            of such a fee or charge is acceptable.
                (5) State or taxing jurisdiction.--The term ``State or
            taxing jurisdiction'' has the meaning given such term in
            subparagraph (D) of paragraph (3) of section 6(f) of the
            Wireless Communications and Public Safety Act of 1999, as added
            by this Act.

    SEC. 903. OFFICE OF INTERNET CONNECTIVITY AND GROWTH.

        (a) Short Title.--This section may be cited as the ``Advancing
    Critical Connectivity Expands Service, Small Business Resources,
    Opportunities, Access, and Data Based on Assessed Need and Demand Act''
    or the ``ACCESS BROADBAND Act''.
        (b) Establishment.--Not later than 180 days after the date of the
    enactment of this Act, the Assistant Secretary shall establish the
    Office of Internet Connectivity and Growth within the National
    Telecommunications and Information Administration.
        (c) Duties.--
                (1) Outreach.--The Office shall--
                        (A) connect with communities that need access to
                    high-speed internet and improved digital inclusion
                    efforts through various forms of outreach and
                    communication techniques;
                        (B) hold regional workshops across the country to
                    share best practices and effective strategies for
                    promoting broadband access and adoption;
                        (C) develop targeted broadband training and
                    presentations for various demographic communities
                    through various media;
                        (D) develop and distribute publications (including
                    toolkits, primers, manuals, and white papers) providing
                    guidance, strategies, and insights to communities as
                    the communities develop strategies to expand broadband
                    access and adoption; and
                        (E) as applicable in carrying out subparagraphs (A)
                    through (D), coordinate with State agencies that
                    provide similar broadband investments, outreach, and
                    coordination through Federal programs.
                (2) Tracking of federal dollars.--
                        (A) Broadband infrastructure.--The Office shall
                    track the construction and use of and access to any
                    broadband infrastructure built using any Federal
                    support in a central database.
                        (B) Accounting mechanism.--The Office shall develop
                    a streamlined accounting mechanism by which any agency
                    offering a Federal broadband support program and the
                    Commission for any Universal Service Fund Program shall
                    provide the information described in subparagraph (A)
                    in a standardized and efficient fashion.
                        (C) Report.--Not later than 1 year after the date
                    of the enactment of this Act, and every year
                    thereafter, the Office shall make public on the website
                    of the Office and submit to the Committee on Energy and
                    Commerce of the House of Representatives and the
                    Committee on Commerce, Science, and Transportation of
                    the Senate a report on the following:
                                (i) A description of the work of the Office
                            for the previous year and the number of
                            residents of the United States that received
                            broadband as result of Federal broadband
                            support programs and the Universal Service Fund
                            Programs.
                                (ii) A description of how many residents of
                            the United States were provided broadband by
                            which universal service mechanism or which
                            Federal broadband support program.
                                (iii) An estimate of the economic impact of
                            such broadband deployment efforts on local
                            economies, including any effect on small
                            businesses or jobs.
        (d) Relation to Current Broadband Activities of NTIA.--The
    Assistant Secretary shall assign to the Office all activities performed
    by the National Telecommunications and Information Administration as of
    the date of the enactment of this Act that are similar to the
    activities required to be conducted by the Office under this Act.
        (e) Streamlined Applications for Support.--
                (1) Agency consultation.--The Office shall consult with any
            agency offering a Federal broadband support program to
            streamline and standardize the applications process for
            financial assistance or grants for such program.
                (2) Agency streamlining.--Any agency offering a Federal
            broadband support program shall amend the applications of the
            agency for broadband support, to the extent practicable and as
            necessary, to streamline and standardize applications for
            Federal broadband support programs across the Government.
                (3) Single application.--To the greatest extent
            practicable, the Office shall seek to create one application
            that may be submitted to apply for all, or substantially all,
            Federal broadband support programs.
                (4) Website required.--Not later than 180 days after the
            date of the enactment of this Act, the Office shall create a
            central website through which potential applicants can learn
            about and apply for support through any Federal broadband
            support program.
        (f) Coordination of Support.--
                (1) In general.--To ensure that Federal support for
            broadband deployment is being distributed in an efficient,
            technology-neutral, and financially sustainable manner, and
            that a program does not duplicate any other Federal broadband
            support program or any Universal Service Fund high-cost
            program--
                        (A) any agency that offers a Federal broadband
                    support program shall coordinate with the Office
                    consistent with the goals described in paragraph (2);
                    and
                        (B) the Office, with respect to Federal broadband
                    support programs, and the Commission, with respect to
                    the Universal Service Fund high-cost programs, shall
                    coordinate with each other consistent with the goals
                    described in paragraph (2).
                (2) Goals.--The goals of any coordination conducted
            pursuant to this subsection are the following:
                        (A) Serving the largest number of unserved
                    locations in the United States and ensuring all
                    residents of the United States have access to high-
                    speed broadband.
                        (B) Promoting the most job and economic growth for
                    all residents of the United States.
                (3) Broadband availability maps.--The Office and the
            Commission shall consult the broadband availability maps
            produced by the Commission when coordinating under paragraph
            (1).
        (g) Definitions.--In this Act:
                (1) Agency.--The term ``agency'' has the meaning given that
            term in section 551 of title 5, United States Code.
                (2) Assistant secretary.--The term ``Assistant Secretary''
            means the Assistant Secretary of Commerce for Communications
            and Information.
                (3) Commission.--The term ``Commission'' means the Federal
            Communications Commission.
                (4) Federal broadband support program.--The term ``Federal
            broadband support program'' does not include any Universal
            Service Fund Program and means any of the following programs
            (or any other similar Federal program) to the extent the
            program offers broadband internet service, support for
            broadband deployment, or programs for promoting broadband
            access and adoption for various demographic communities through
            various media for residential, commercial, community providers,
            or academic establishments:
                        (A) The Telecommunications and Technology Program
                    of the Appalachian Regional Commission.
                        (B) The Telecommunications Infrastructure Loan and
                    Loan Guarantee Program established under the Rural
                    Electrification Act of 1936, the rural broadband access
                    program established under title VI of that Act (7
                    U.S.C. 950bb et seq.), the initiative under section
                    306F of that Act (7 U.S.C. 936f), the Community Connect
                    Grant Program established under section 604 of that Act
                    (7 U.S.C. 950bb-3), the broadband loan and grant pilot
                    program authorized under section 779 of division A of
                    the Consolidated Appropriations Act, 2018 (Public Law
                    115-141; 132 Stat. 399) (commonly known as the ``Rural
                    eConnectivity Pilot Program'' or the ``ReConnect
                    Program''), and the Distance Learning and Telemedicine
                    Program under chapter 1 of subtitle D of title XXIII of
                    the Food, Agriculture, Conservation, and Trade Act of
                    1990 (7 U.S.C. 950aaa et seq.).
                        (C) Community facility direct and guaranteed loans
                    under section 306(a) of the Consolidated Farm and Rural
                    Development Act (7 U.S.C. 1926(a)), community facility
                    grants under paragraph (19), (20), or (21) of section
                    306(a) of the Consolidated Farm and Rural Development
                    Act (7 U.S.C. 1926(a)), and the Rural Community
                    Development Initiative authorized under the heading
                    ``Rural Housing Service--Rural Community Facilities
                    Program Account'' under title III of division B of the
                    Further Consolidated Appropriations Act, 2020 (Public
                    Law 116-94; 133 Stat. 2629).
                        (D) The Public Works and Economic Adjustment
                    Assistance Programs and the Planning and Local
                    Technical Assistance Programs of the Economic
                    Development Administration of the Department of
                    Commerce.
                        (E) The Community Development Block Grants and
                    Section 108 Loan Guarantees Programs, the Funds for
                    Public Housing Authorities: Capital Fund and Operating
                    Fund, the Multifamily Housing Programs, the Indian
                    Community Development Block Grant Program, the Indian
                    Housing Block Grant Program, the Title VI Loan
                    Guarantee Program, the Choice Neighborhoods Program,
                    the HOME Investment Partnerships Program, the Housing
                    Trust Fund, and the Housing Opportunities for Persons
                    with AIDS Program of the Department of Housing and
                    Urban Development.
                        (F) The American Job Centers of the Employment and
                    Training Administration of the Department of Labor.
                        (G) The Library Services and Technology Grant
                    Programs of the Institute of Museum and Library
                    Services.
                (5) Office.--The term ``Office'' means the Office of
            Internet Connectivity and Growth established pursuant to
            subsection (b).
                (6) Universal service fund high-cost programs.--The term
            ``Universal Service Fund high-cost programs'' means--
                        (A) the program for Universal Service Support for
                    High-Cost Areas set forth under subpart D of part 54 of
                    title 47, Code of Federal Regulations, or any successor
                    thereto;
                        (B) the Rural Digital Opportunity Fund set forth
                    under subpart J of part 54 of title 47, Code of Federal
                    Regulations, or any successor thereto;
                        (C) the Interstate Common Line Support Mechanism
                    for Rate-of-Return Carriers set forth under subpart K
                    of part 54 of title 47, Code of Federal Regulations, or
                    any successor thereto;
                        (D) the Mobility Fund and 5G Fund set forth under
                    subpart L of part 54 of title 47, Code of Federal
                    Regulations, or any successor thereto; and
                        (E) the High Cost Loop Support for Rate-of-Return
                    Carriers program set forth under subpart M of part 54
                    of title 47, Code of Federal Regulations, or any
                    successor thereto.
                (7) Universal service fund program.--The term ``Universal
            Service Fund Program'' means any program authorized under
            section 254 of the Communications Act of 1934 (47 U.S.C. 254)
            to help deploy broadband.
                (8) Universal service mechanism.--The term ``universal
            service mechanism'' means any funding stream provided by a
            Universal Service Fund Program to support broadband access.
        (h) Rule of Construction.--Nothing in this Act is intended to alter
    or amend any provision of section 254 of the Communications Act of 1934
    (47 U.S.C. 254).

    SEC. 904. INTERAGENCY AGREEMENT.

        (a) Short Title.--This section may be cited as the ``Broadband
    Interagency Coordination Act of 2020''.
        (b) Interagency Agreement.--
                (1) Definitions.--In this Act--
                        (A) the term ``covered agency'' means--
                                (i) the Federal Communications Commission;
                                (ii) the Department of Agriculture; and
                                (iii) the National Telecommunications and
                            Information Administration; and
                        (B) the term ``high-cost programs'' means--
                                (i) the program for Universal Service
                            Support for High-Cost Areas set forth under
                            subpart D of part 54 of title 47, Code of
                            Federal Regulations, or any successor thereto;
                                (ii) the Rural Digital Opportunity Fund set
                            forth under subpart J of part 54 of title 47,
                            Code of Federal Regulations, or any successor
                            thereto;
                                (iii) the Interstate Common Line Support
                            Mechanism for Rate-of-Return Carriers set forth
                            under subpart K of part 54 of title 47, Code of
                            Federal Regulations, or any successor thereto;
                                (iv) the Mobility Fund and 5G Fund set
                            forth under subpart L of part 54 of title 47,
                            Code of Federal Regulations, or any successor
                            thereto; and
                                (v) the High Cost Loop Support for Rate-of-
                            Return Carriers program set forth under subpart
                            M of part 54 of title 47, Code of Federal
                            Regulations, or any successor thereto.
                (2) Interagency agreement.--Not later than 180 days after
            the date of enactment of this Act, the heads of the covered
            agencies shall enter into an interagency agreement requiring
            coordination between the covered agencies for the distribution
            of funds for broadband deployment under--
                        (A) the high-cost programs;
                        (B) the programs administered by the Rural
                    Utilities Service of the Department of Agriculture and
                    the Department of Agriculture; and
                        (C) the programs administered by or coordinated
                    through the National Telecommunications and Information
                    Administration.
                (3) Requirements.--In entering into an interagency
            agreement with respect to the programs described in paragraph
            (2), the heads of the covered agencies shall--
                        (A) require that the covered agencies share
                    information with each other about existing or planned
                    projects that have received or will receive funds under
                    the programs described in paragraph (2) for new
                    broadband deployment;
                        (B) provide that--
                                (i) subject to clause (ii), upon request
                            from another covered agency with authority to
                            award or authorize any funds for new broadband
                            deployment in a project area, a covered agency
                            shall provide the other covered agency with any
                            information the covered agency possesses
                            regarding, with respect to the project area--
                                        (I) each entity that provides
                                    broadband service in the area;
                                        (II) levels of broadband service
                                    provided in the area, including the
                                    speed of broadband service and the
                                    technology provided;
                                        (III) the geographic scope of
                                    broadband service coverage in the area;
                                    and
                                        (IV) each entity that has received
                                    or will receive funds under the
                                    programs described in paragraph (2) to
                                    provide broadband service in the area;
                                    and
                                (ii) if a covered agency designates any
                            information provided to another covered agency
                            under clause (i) as confidential, the other
                            covered agency shall protect the
                            confidentiality of that information;
                        (C) consider basing the distribution of funds for
                    broadband deployment under the programs described in
                    paragraph (2) on standardized data regarding broadband
                    coverage; and
                        (D) provide that the interagency agreement shall be
                    updated periodically, except that the scope of the
                    agreement with respect to the Federal Communications
                    Commission may not expand beyond the high-cost
                    programs.
                (4) Assessment of agreement.--
                        (A) Public comment.--Not later than 1 year after
                    entering into the interagency agreement required under
                    paragraph (2), the Federal Communications Commission
                    shall seek public comment on--
                                (i) the effectiveness of the interagency
                            agreement in facilitating efficient use of
                            funds for broadband deployment;
                                (ii) the availability of Tribal, State, and
                            local data regarding broadband deployment and
                            the inclusion of that data in interagency
                            coordination; and
                                (iii) modifications to the interagency
                            agreement that would improve the efficacy of
                            interagency coordination.
                        (B) Assessment; report.--Not later than 18 months
                    after the date of enactment of this Act, the Federal
                    Communications Commission shall--
                                (i) review and assess the comments received
                            under subparagraph (A); and
                                (ii) submit to the Committee on Commerce,
                            Science, and Transportation of the Senate and
                            the Committee on Energy and Commerce of the
                            House of Representatives a report detailing any
                            findings and recommendations from the
                            assessment conducted under clause (i).

    SEC. 905. REALLOCATION AND AUCTION OF 3450-3550 MHZ SPECTRUM BAND.

        (a) Short Title.--This section may be cited as the ``Beat China by
    Harnessing Important, National Airwaves for 5G Act of 2020'' or the
    ``Beat CHINA for 5G Act of 2020''.
        (b) Definitions.--In this Act--
                (1) the term ``Commission'' means the Federal
            Communications Commission; and
                (2) the term ``covered band'' means the band of
            electromagnetic spectrum between the frequencies of 3450
            megahertz and 3550 megahertz, inclusive.
        (c) Withdrawal or Modification of Federal Government Assignments.--
    The President, acting through the Assistant Secretary of Commerce for
    Communications and Information, shall--
                (1) not later than 180 days after the date of enactment of
            this Act, in coordination with relevant Federal users, begin
            the process of withdrawing or modifying the assignments to
            Federal Government stations of the covered band as necessary
            for the Commission to comply with subsection (d); and
                (2) not later than 30 days after completing any necessary
            withdrawal or modification under paragraph (1), notify the
            Commission that the withdrawal or modification is complete.
        (d) Reallocation and Auction.--
                (1) In general.--The Commission shall--
                        (A) revise the non-Federal allocation for the
                    covered band to permit flexible-use services; and
                        (B) notwithstanding paragraph (15)(A) of section
                    309(j) of the Communications Act of 1934 (47 U.S.C.
                    309(j)), not later than December 31, 2021, begin a
                    system of competitive bidding under that section to
                    grant new initial licenses for the use of a portion or
                    all of the covered band, subject to flexible-use
                    service rules.
                (2) Exemption from notification requirement.--The first
            sentence of section 113(g)(4)(A) of the National
            Telecommunications and Information Administration Organization
            Act (47 U.S.C. 923(g)(4)(A)) shall not apply with respect to
            the system of competitive bidding required under paragraph
            (1)(B) of this subsection.
                (3) Proceeds to cover 110 percent of federal relocation or
            sharing costs.--Nothing in paragraph (1) shall be construed to
            relieve the Commission from the requirements of section
            309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C.
            309(j)(16)(B)).

                           TITLE X--BANKRUPTCY RELIEF

    SEC. 1001. BANKRUPTCY RELIEF.

        (a) Property of the Estate.--
                (1) In general.--Section 541(b) of title 11, United States
            Code, is amended--
                        (A) in paragraph (9), in the matter following
                    subparagraph (B), by striking ``or'';
                        (B) in paragraph (10)(C), by striking the period at
                    the end and inserting ``; or''; and
                        (C) by inserting after paragraph (10) the
                    following:
                ``(11) recovery rebates made under section 6428 of the
            Internal Revenue Code of 1986.''.
                (2) Sunset.--Effective on the date that is 1 year after the
            date of enactment of this Act, section 541(b) of title 11,
            United States Code, is amended--
                        (A) in paragraph (9), in the matter following
                    subparagraph (B), by adding ``or'' at the end;
                        (B) in paragraph (10)(C), by striking ``; or'' and
                    inserting a period; and
                        (C) by striking paragraph (11).
        (b) Discharge.--
                (1) In general.--Section 1328 of title 11, United States
            Code, is amended by adding at the end the following:
        ``(i) Subject to subsection (d), after notice and a hearing, the
    court may grant a discharge of debts dischargeable under subsection (a)
    to a debtor who has not completed payments to the trustee or a creditor
    holding a security interest in the principal residence of the debtor
    if--
                ``(1) the debtor defaults on not more than 3 monthly
            payments due on a residential mortgage under section 1322(b)(5)
            on or after March 13, 2020, to the trustee or creditor caused
            by a material financial hardship due, directly or indirectly,
            by the coronavirus disease 2019 (COVID-19) pandemic; or
                ``(2)(A) the plan provides for the curing of a default and
            maintenance of payments on a residential mortgage under section
            1322(b)(5); and
                ``(B) the debtor has entered into a forbearance agreement
            or loan modification agreement with the holder or servicer (as
            defined in section 6(i) of the Real Estate Settlement
            Procedures Act of 1974 (12 U.S.C. 2605(i)) of the mortgage
            described in subparagraph (A).''.
                (2) Sunset.--Effective on the date that is 1 year after the
            date of enactment of this Act, section 1328 of title 11, United
            States Code, is amended by striking subsection (i).
        (c) Protection Against Discriminatory Treatment.--
                (1) In general.--Section 525 of title 11, United States
            Code, is amended by adding at the end the following:
        ``(d) A person may not be denied relief under sections 4022 through
    4024 of the CARES Act (15 U.S.C. 9056, 9057, 9058) because the person
    is or has been a debtor under this title.''.
                (2) Sunset.--Effective on the date that is 1 year after the
            date of enactment of this Act, section 525 of title 11, United
            States Code, is amended by striking subsection (d).
        (d) CARES Forbearance Claims.--
                (1) Filing of proofs of claims or interests.--Section 501
            of title 11, United States Code, is amended by adding at the
            end the following:
        ``(f)(1) In this subsection--
                ``(A) the term `CARES forbearance claim' means a
            supplemental claim for the amount of a Federally backed
            mortgage loan or a Federally backed multifamily mortgage loan
            that was not received by an eligible creditor during the
            forbearance period of a loan granted forbearance under section
            4022 or 4023 of the CARES Act (15 U.S.C. 9056, 9057);
                ``(B) the term `eligible creditor' means a servicer (as
            defined in section 6(i) of the Real Estate Settlement
            Procedures Act of 1974 (12 U.S.C. 2605(i)) with a claim for a
            Federally backed mortgage loan or a Federally backed
            multifamily mortgage loan of the debtor that is provided for by
            a plan under section 1322(b)(5);
                ``(C) the term `Federally backed mortgage loan' has the
            meaning given the term in section 4022(a) of the CARES Act (15
            U.S.C. 9056(a)); and
                ``(D) the term `Federally backed multifamily mortgage loan'
            has the meaning given the term in section 4023(f) of the CARES
            Act (15 U.S.C. 9057(f)).
        ``(2)(A) Only an eligible creditor may file a supplemental proof of
    claim for a CARES forbearance claim.
        ``(B) If an underlying mortgage loan obligation has been modified
    or deferred by an agreement of the debtor and an eligible creditor of
    the mortgage loan in connection with a mortgage forbearance granted
    under section 4022 or 4023 of the CARES Act (15 U.S.C. 9056, 9057) in
    order to cure mortgage payments forborne under the forbearance, the
    proof of claim filed under subparagraph (A) shall include--
                ``(i) the relevant terms of the modification or deferral;
                ``(ii) for a modification or deferral that is in writing, a
            copy of the modification or deferral; and
                ``(iii) a description of the payments to be deferred until
            the date on which the mortgage loan matures.''.
                (2) Allowance of claims or interests.--Section 502(b)(9) of
            title 11, United States Code, is amended to read as follows:
                ``(9) proof of such claim is not timely filed, except to
            the extent tardily filed as permitted under paragraph (1), (2),
            or (3) of section 726(a) or under the Federal Rules of
            Bankruptcy Procedure, except that--
                        ``(A) a claim of a governmental unit shall be
                    timely filed if it is filed before 180 days after the
                    date of the order for relief or such later time as the
                    Federal Rules of Bankruptcy Procedure may provide;
                        ``(B) in a case under chapter 13, a claim of a
                    governmental unit for a tax with respect to a return
                    filed under section 1308 shall be timely if the claim
                    is filed on or before the date that is 60 days after
                    the date on which such return was filed as required;
                    and
                        ``(C) a CARES forbearance claim (as defined in
                    section 501(f)(1)) shall be timely filed if the claim
                    is filed before the date that is 120 days after the
                    expiration of the forbearance period of a loan granted
                    forbearance under section 4022 or 4023 of the CARES Act
                    (15 U.S.C. 9056, 9057).''.
                (3) Sunset.--Effective on the date that is 1 year after the
            date of enactment of this Act--
                        (A) section 501 of title 11, United States Code, is
                    amended by striking subsection (f); and
                        (B) section 502(b)(9) of title 11, United States
                    Code, is amended--
                                (i) in subparagraph (A), by adding ``and''
                            at the end;
                                (ii) in subparagraph (B), by striking ``;
                            and'' and inserting a period; and
                                (iii) by striking subparagraph (C).
        (e) Modification of Plan After Confirmation.--
                (1) In general.--Section 1329 of title 11, United States
            Code, is amended by adding at the end the following:
        ``(e)(1) A debtor of a case for which a creditor files a proof of
    claim under section 501(f) may file a request for a modification of the
    plan to provide for the proof of claim.
        ``(2) If the debtor does not file a request for a modification of
    the plan under paragraph (1) on or before the date that is 30 days
    after the date on which a creditor files a claim under section 501(f),
    after notice, the court, on a motion of the court or on a motion of the
    United States trustee, the trustee, a bankruptcy administrator, or any
    party in interest, may request a modification of the plan to provide
    for the proof of claim.''.
                (2) Sunset.--Effective on the date that is 1 year after the
            date of enactment of this Act, section 1329 of title 11, United
            States Code, is amended by striking subsection (e).
        (f) Executory Contracts and Unexpired Leases.--
                (1) In general.--Section 365(d) of title 11, United States
            Code, is amended--
                        (A) in paragraph (3)--
                                (i) by inserting ``(A)'' after ``(3)'';
                                (ii) by inserting ``, except as provided in
                            subparagraph (B)'' after ``such 60-day
                            period''; and
                                (iii) by adding at the end the following:
        ``(B) In a case under subchapter V of chapter 11, the time for
    performance of an obligation described in subparagraph (A) arising
    under any unexpired lease of nonresidential real property may be
    extended by the court if the debtor is experiencing or has experienced
    a material financial hardship due, directly or indirectly, to the
    coronavirus disease 2019 (COVID-19) pandemic until the earlier of--
                ``(i) the date that is 60 days after the date of the order
            for relief, which may be extended by the court for an
            additional period of 60 days if the court determines that the
            debtor is continuing to experience a material financial
            hardship due, directly or indirectly, to the coronavirus
            disease 2019 (COVID-19) pandemic; or
                ``(ii) the date on which the lease is assumed or rejected
            under this section.
        ``(C) An obligation described in subparagraph (A) for which an
    extension is granted under subparagraph (B) shall be treated as an
    administrative expense described in section 507(a)(2) for the purpose
    of section 1191(e).''; and
                        (B) in paragraph (4), by striking ``120'' each
                    place it appears and inserting ``210''.
                (2) Sunset.--
                        (A) In general.--Effective on the date that is 2
                    years after the date of enactment of this Act, section
                    365(d) of title 11, United States Code, is amended--
                                (i) in paragraph (3)--
                                        (I) by striking ``(A)'' after
                                    ``(3)'';
                                        (II) by striking ``, except as
                                    provided in subparagraph (B)'' after
                                    ``such 60-day period''; and
                                        (III) by striking subparagraphs (B)
                                    and (C); and
                                (ii) in paragraph (4), by striking ``210''
                            each place it appears and inserting ``120''.
                        (B) Subchapter v cases filed before sunset.--
                    Notwithstanding the amendments made by subparagraph
                    (A), the amendments made by paragraph (1) shall apply
                    in any case commenced under subchapter V of chapter 11
                    of title 11, United States Code, before the date that
                    is 2 years after the date of enactment of this Act.
        (g) Preferences.--
                (1) In general.--Section 547 of title 11, United States
            Code, is amended--
                        (A) in subsection (b), in the matter preceding
                    paragraph (1), by striking ``and (i)'' and inserting
                    ``, (i), and (j)''; and
                        (B) by adding at the end the following:
        ``(j)(1) In this subsection:
                ``(A) The term `covered payment of rental arrearages' means
            a payment of arrearages that--
                        ``(i) is made in connection with an agreement or
                    arrangement--
                                ``(I) between the debtor and a lessor to
                            defer or postpone the payment of rent and other
                            periodic charges under a lease of
                            nonresidential real property; and
                                ``(II) made or entered into on or after
                            March 13, 2020;
                        ``(ii) does not exceed the amount of rental and
                    other periodic charges agreed to under the lease of
                    nonresidential real property described in clause (i)(I)
                    before March 13, 2020; and
                        ``(iii) does not include fees, penalties, or
                    interest in an amount greater than the amount of fees,
                    penalties, or interest--
                                ``(I) scheduled to be paid under the lease
                            of nonresidential real property described in
                            clause (i)(I); or
                                ``(II) that the debtor would owe if the
                            debtor had made every payment due under the
                            lease of nonresidential real property described
                            in clause (i)(I) on time and in full before
                            March 13, 2020.
                ``(B) The term `covered payment of supplier arrearages'
            means a payment of arrearages that--
                        ``(i) is made in connection with an agreement or
                    arrangement--
                                ``(I) between the debtor and a supplier of
                            goods or services to defer or postpone the
                            payment of amounts due under an executory
                            contract for goods or services; and
                                ``(II) made or entered into on or after
                            March 13, 2020;
                        ``(ii) does not exceed the amount due under the
                    executory contract described in clause (i)(I) before
                    March 13, 2020; and
                        ``(iii) does not include fees, penalties, or
                    interest in an amount greater than the amount of fees,
                    penalties, or interest--
                                ``(I) scheduled to be paid under the
                            executory contract described in clause (i)(I);
                            or
                                ``(II) that the debtor would owe if the
                            debtor had made every payment due under the
                            executory contract described in clause (i)(I)
                            on time and in full before March 13, 2020.
        ``(2) The trustee may not avoid a transfer under this section for--
                ``(A) a covered payment of rental arrearages; or
                ``(B) a covered payment of supplier arrearages.''.
                (2) Sunset.--
                        (A) In general.--Effective on the date that is 2
                    years after the date of enactment of this Act, section
                    547 of title 11, United States Code, is amended--
                                (i) in subsection (b), in the matter
                            preceding paragraph (1), by striking ``, (i),
                            and (j)'' and inserting ``and (i)''; and
                                (ii) by striking subsection (j).
                        (B) Cases filed before sunset.--Notwithstanding the
                    amendments made by subparagraph (A), the amendments
                    made by paragraph (1) shall apply in any case commenced
                    under title 11, United States Code, before the date
                    that is 2 years after the date of enactment of this
                    Act.
        (h) Termination of Utility Services.--
                (1) In general.--Section 366 of title 11, United States
            Code, is amended by adding at the end the following:
        ``(d) Notwithstanding any other provision of this section, a
    utility may not alter, refuse, or discontinue service to a debtor who
    does not furnish adequate assurance of payment under this section if
    the debtor--
                ``(1) is an individual;
                ``(2) makes a payment to the utility for any debt owed to
            the utility for service provided during the 20-day period
            beginning on the date of the order for relief; and
                ``(3) after the date on which the 20-day period beginning
            on the date of the order for relief ends, makes a payment to
            the utility for services provided during the pendency of case
            when such a payment becomes due.''.
                (2) Sunset.--Effective on the date that is 1 year after the
            date of enactment of this Act, section 366 of title 11, United
            States Code, is amended by striking subsection (d).
        (i) Customs Duties.--
                (1) In general.--Section 507(d) of title 11, United States
            Code, is amended--
                        (A) by striking ``, (a)(8)'';
                        (B) by inserting ``or subparagraphs (A) through (E)
                    and (G) of subsection (a)(8)'' after ``(a)(9)''; and
                        (C) inserting ``or subparagraph'' after ``such
                    subsection''.
                (2) Sunset.--Effective on the date that is 1 year after the
            date of enactment of this Act, section 507(d) of title 11,
            United States Code, is amended--
                        (A) by inserting ``, (a)(8)'' before ``, or
                    (a)(9)'';
                        (B) by striking ``or subparagraphs (A) through (E)
                    and (G) of subsection (a)(8)''; and
                        (C) by striking ``or subparagraph'' after ``such
                    subsection''.

                   TITLE XI--WESTERN WATER AND INDIAN AFFAIRS

    SEC. 1101. AGING INFRASTRUCTURE ACCOUNT.

        Section 9603 of the Omnibus Public Land Management Act of 2009 (43
    U.S.C. 510b) is amended by adding at the end the following:
        ``(d) Aging Infrastructure Account.--
                ``(1) Establishment.--There is established in the general
            fund of the Treasury a special account, to be known as the
            `Aging Infrastructure Account' (referred to in this subsection
            as the `Account'), to provide funds to, and provide for the
            extended repayment of the funds by, a transferred works
            operating entity or project beneficiary responsible for
            repayment of reimbursable costs for the conduct of
            extraordinary operation and maintenance work at a project
            facility, which shall consist of--
                        ``(A) any amounts that are specifically
                    appropriated to the Account under section 9605; and
                        ``(B) any amounts deposited in the Account under
                    paragraph (3)(B).
                ``(2) Expenditures.--Subject to paragraphs (3) and (6), the
            Secretary may expend amounts in the Account to fund and provide
            for extended repayment of the funds for eligible projects
            identified in a report submitted under paragraph (5)(B).
                ``(3) Repayment contract.--
                        ``(A) In general.--The Secretary may not expend
                    amounts under paragraph (2) with respect to an eligible
                    project described in that paragraph unless the
                    transferred works operating entity or project
                    beneficiary responsible for repayment of reimbursable
                    costs has entered into a contract to repay the amounts
                    under subsection (b)(2).
                        ``(B) Deposit of repaid funds.--Amounts repaid by a
                    transferred works operating entity or project
                    beneficiary responsible for repayment of reimbursable
                    costs receiving funds under a repayment contract
                    entered into under this subsection shall be deposited
                    in the Account and shall be available to the Secretary
                    for expenditure, subject to paragraph (6), in
                    accordance with this subsection, and without further
                    appropriation.
                ``(4) Application for funding.--
                        ``(A) In general.--Beginning with fiscal year 2022,
                    not less than once per fiscal year, the Secretary shall
                    accept, during an application period established by the
                    Secretary, applications from transferred works
                    operating entities or project beneficiaries responsible
                    for payment of reimbursable costs for funds and
                    extended repayment for eligible projects.
                        ``(B) Eligible project.--A project eligible for
                    funding and extended repayment under this subsection is
                    a project that--
                                ``(i) qualifies as an extraordinary
                            operation and maintenance work under this
                            section;
                                ``(ii) is for the major, non-recurring
                            maintenance of a mission-critical asset; and
                                ``(iii) is not eligible to be carried out
                            or funded under the repayment provisions of
                            section 4(c) of the Reclamation Safety of Dams
                            Act of 1978 (43 U.S.C. 508(c)).
                        ``(C) Guidelines for applications.--Not later than
                    60 days after the date of enactment of this subsection,
                    the Secretary shall issue guidelines describing the
                    information required to be provided in an application
                    for funds and extended repayment under this subsection
                    that require, at a minimum--
                                ``(i) a description of the project for
                            which the funds are requested;
                                ``(ii) the amount of funds requested;
                                ``(iii) the repayment period requested by
                            the transferred works operating entity or
                            project beneficiary responsible for repayment
                            of reimbursable costs;
                                ``(iv) alternative non-Federal funding
                            options that have been evaluated;
                                ``(v) the financial justification for
                            requesting an extended repayment period; and
                                ``(vi) the financial records of the
                            transferred works operating entity or project
                            beneficiary responsible for repayment of
                            reimbursable costs.
                        ``(D) Review by the secretary.--The Secretary shall
                    review each application submitted under subparagraph
                    (A)--
                                ``(i) to determine whether the project is
                            eligible for funds and an extended repayment
                            period under this subsection;
                                ``(ii) to determine if the project has been
                            identified by the Bureau of Reclamation as part
                            of the major rehabilitation and replacement of
                            a project facility; and
                                ``(iii) to conduct a financial analysis
                            of--
                                        ``(I) the project; and
                                        ``(II) repayment capability of the
                                    transferred works operating entity or
                                    project beneficiary responsible for
                                    repayment of reimbursable costs.
                ``(5) Report.--Not later than 90 days after the date on
            which an application period closes under paragraph (4)(A), the
            Secretary shall submit to the Committees on Energy and Natural
            Resources and Appropriations of the Senate and the Committees
            on Natural Resources and Appropriations of the House of
            Representatives a report that--
                        ``(A) describes the results of the Secretary's
                    review of each application under paragraph (4)(D),
                    including a determination of whether the project is
                    eligible;
                        ``(B) identifies each project eligible for funds
                    and extended repayment under this subsection;
                        ``(C) with respect to each eligible project
                    identified under subparagraph (B), includes--
                                ``(i) a description of--
                                        ``(I) the eligible project;
                                        ``(II) the anticipated cost and
                                    duration of the eligible project;
                                        ``(III) any remaining engineering
                                    or environmental compliance that is
                                    required before the eligible project
                                    commences;
                                        ``(IV) any recommendations the
                                    Secretary may have concerning the plan
                                    or design of the project; and
                                        ``(V) any conditions the Secretary
                                    may require for construction of the
                                    project;
                                ``(ii) an analysis of--
                                        ``(I) the repayment period proposed
                                    in the application; and
                                        ``(II) if the Secretary recommends
                                    a minimum necessary repayment period
                                    that is different than the repayment
                                    period proposed in the application, the
                                    minimum necessary repayment period
                                    recommended by the Secretary; and
                                ``(iii) an analysis of alternative non-
                            Federal funding options;
                        ``(D) describes the allocation of funds from
                    deposits into the Account under paragraph (3)(B); and
                        ``(E) describes the balance of funds in the Account
                    as of the date of the report.
                ``(6) Alternative allocation.--
                        ``(A) In general.--Appropriations Acts may provide
                    for alternate allocation of amounts reported pursuant
                    to paragraph (5)(D) that are made available under this
                    subsection.
                        ``(B) Allocation by secretary.--
                                ``(i) No alternate allocations.--If
                            Congress has not enacted legislation
                            establishing alternate allocations by the date
                            on which the Act making full-year
                            appropriations for energy and water development
                            and related agencies for the applicable fiscal
                            year is enacted into law, amounts made
                            available under paragraph (1) shall be
                            allocated by the Secretary.
                                ``(ii) Insufficient alternate
                            allocations.--If Congress enacts legislation
                            establishing alternate allocations for amounts
                            made available under paragraph (1) that are
                            less than the full amount appropriated under
                            that paragraph, the difference between the
                            amount appropriated and the alternate
                            allocation shall be allocated by the Secretary.
                ``(7) Effect of subsection.--Nothing in this subsection
            affects--
                        ``(A) any funding provided, or contracts entered
                    into, under subsection (a) before the date of enactment
                    of this subsection; or
                        ``(B) the use of funds otherwise made available to
                    the Secretary to carry out subsection (a).''.

    SEC. 1102. NAVAJO-UTAH WATER RIGHTS SETTLEMENT.

        (a) Purposes.--The purposes of this section are--
                (1) to achieve a fair, equitable, and final settlement of
            all claims to water rights in the State of Utah for--
                        (A) the Navajo Nation; and
                        (B) the United States, for the benefit of the
                    Nation;
                (2) to authorize, ratify, and confirm the agreement entered
            into by the Nation and the State, to the extent that the
            agreement is consistent with this section;
                (3) to authorize and direct the Secretary--
                        (A) to execute the agreement; and
                        (B) to take any actions necessary to carry out the
                    agreement in accordance with this section; and
                (4) to authorize funds necessary for the implementation of
            the agreement and this section.
        (b) Definitions.--In this section:
                (1) Agreement.--The term ``agreement'' means--
                        (A) the document entitled ``Navajo Utah Water
                    Rights Settlement Agreement'' dated December 14, 2015,
                    and the exhibits attached thereto; and
                        (B) any amendment or exhibit to the document or
                    exhibits referenced in subparagraph (A) to make the
                    document or exhibits consistent with this section.
                (2) Allotment.--The term ``allotment'' means a parcel of
            land--
                        (A) granted out of the public domain that is--
                                (i) located within the exterior boundaries
                            of the Reservation; or
                                (ii) Bureau of Indian Affairs parcel number
                            792 634511 in San Juan County, Utah, consisting
                            of 160 acres located in Township 41S, Range
                            20E, sections 11, 12, and 14, originally set
                            aside by the United States for the benefit of
                            an individual identified in the allotting
                            document as a Navajo Indian; and
                        (B) held in trust by the United States--
                                (i) for the benefit of an individual,
                            individuals, or an Indian Tribe other than the
                            Navajo Nation; or
                                (ii) in part for the benefit of the Navajo
                            Nation as of the enforceability date.
                (3) Allottee.--The term ``allottee'' means an individual or
            Indian Tribe with a beneficial interest in an allotment held in
            trust by the United States.
                (4) Enforceability date.--The term ``enforceability date''
            means the date on which the Secretary publishes in the Federal
            Register the statement of findings described in subsection
            (g)(1).
                (5) General stream adjudication.--The term ``general stream
            adjudication'' means the adjudication pending, as of the date
            of enactment of this Act, in the Seventh Judicial District in
            and for Grand County, State of Utah, commonly known as the
            ``Southeastern Colorado River General Adjudication'', Civil No.
            810704477, conducted pursuant to State law.
                (6) Injury to water rights.--The term ``injury to water
            rights'' means an interference with, diminution of, or
            deprivation of water rights under Federal or State law,
            excluding injuries to water quality.
                (7) Member.--The term ``member'' means any person who is a
            duly enrolled member of the Navajo Nation.
                (8) Navajo nation or nation.--The term ``Navajo Nation'' or
            ``Nation'' means a body politic and federally recognized Indian
            nation, as published on the list established under section
            104(a) of the Federally Recognized Indian Tribe List Act of
            1994 (25 U.S.C. 5131(a)), also known variously as the ``Navajo
            Nation'', the ``Navajo Nation of Arizona, New Mexico, & Utah'',
            and the ``Navajo Nation of Indians'' and other similar names,
            and includes all bands of Navajo Indians and chapters of the
            Navajo Nation and all divisions, agencies, officers, and agents
            thereof.
                (9) Navajo water development projects.--The term ``Navajo
            water development projects'' means projects for domestic
            municipal water supply, including distribution infrastructure,
            and agricultural water conservation, to be constructed, in
            whole or in part, using monies from the Navajo Water
            Development Projects Account.
                (10) Navajo water rights.--The term ``Navajo water rights''
            means the Nation's water rights in Utah described in the
            agreement and this section.
                (11) OM&R.--The term ``OM&R'' means operation, maintenance,
            and replacement.
                (12) Parties.--The term ``parties'' means the Navajo
            Nation, the State, and the United States.
                (13) Reservation.--The term ``Reservation'' means, for
            purposes of the agreement and this section, the Reservation of
            the Navajo Nation in Utah as in existence on the date of
            enactment of this Act and depicted on the map attached to the
            agreement as Exhibit A, including any parcel of land granted
            out of the public domain and held in trust by the United States
            entirely for the benefit of the Navajo Nation as of the
            enforceability date.
                (14) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior or a duly authorized representative thereof.
                (15) State.--The term ``State'' means the State of Utah and
            all officers, agents, departments, and political subdivisions
            thereof.
                (16) United states.--The term ``United States'' means the
            United States of America and all departments, agencies,
            bureaus, officers, and agents thereof.
                (17) United states acting in its trust capacity.--The term
            ``United States acting in its trust capacity'' means the United
            States acting for the benefit of the Navajo Nation or for the
            benefit of allottees.
        (c) Ratification of Agreement.--
                (1) Approval by congress.--Except to the extent that any
            provision of the agreement conflicts with this section,
            Congress approves, ratifies, and confirms the agreement
            (including any amendments to the agreement that are executed to
            make the agreement consistent with this section).
                (2) Execution by secretary.--The Secretary is authorized
            and directed to promptly execute the agreement to the extent
            that the agreement does not conflict with this section,
            including--
                        (A) any exhibits to the agreement requiring the
                    signature of the Secretary; and
                        (B) any amendments to the agreement necessary to
                    make the agreement consistent with this section.
                (3) Environmental compliance.--
                        (A) In general.--In implementing the agreement and
                    this section, the Secretary shall comply with all
                    applicable provisions of--
                                (i) the Endangered Species Act of 1973 (16
                            U.S.C. 1531 et seq.);
                                (ii) the National Environmental Policy Act
                            of 1969 (42 U.S.C. 4321 et seq.); and
                                (iii) all other applicable environmental
                            laws and regulations.
                        (B) Execution of the agreement.--Execution of the
                    agreement by the Secretary as provided for in this
                    section shall not constitute a major Federal action
                    under the National Environmental Policy Act of 1969 (42
                    U.S.C. 4321 et seq.).
        (d) Navajo Water Rights.--
                (1) Confirmation of navajo water rights.--
                        (A) Quantification.--The Navajo Nation shall have
                    the right to use water from water sources located
                    within Utah and adjacent to or encompassed within the
                    boundaries of the Reservation resulting in depletions
                    not to exceed 81,500 acre-feet annually as described in
                    the agreement and as confirmed in the decree entered by
                    the general stream adjudication court.
                        (B) Satisfaction of allottee rights.--Depletions
                    resulting from the use of water on an allotment shall
                    be accounted for as a depletion by the Navajo Nation
                    for purposes of depletion accounting under the
                    agreement, including recognition of--
                                (i) any water use existing on an allotment
                            as of the date of enactment of this Act and as
                            subsequently reflected in the hydrographic
                            survey report referenced in subsection (f)(2);
                                (ii) reasonable domestic and stock water
                            uses put into use on an allotment; and
                                (iii) any allotment water rights that may
                            be decreed in the general stream adjudication
                            or other appropriate forum.
                        (C) Satisfaction of on-reservation state law-based
                    water rights.--Depletions resulting from the use of
                    water on the Reservation pursuant to State law-based
                    water rights existing as of the date of enactment of
                    this Act shall be accounted for as depletions by the
                    Navajo Nation for purposes of depletion accounting
                    under the agreement.
                        (D) In general.--The Navajo water rights are
                    ratified, confirmed, and declared to be valid.
                        (E) Use.--Any use of the Navajo water rights shall
                    be subject to the terms and conditions of the agreement
                    and this section.
                        (F) Conflict.--In the event of a conflict between
                    the agreement and this section, the provisions of this
                    section shall control.
                (2) Trust status of navajo water rights.--The Navajo water
            rights--
                        (A) shall be held in trust by the United States for
                    the use and benefit of the Nation in accordance with
                    the agreement and this section; and
                        (B) shall not be subject to forfeiture or
                    abandonment.
                (3) Authority of the nation.--
                        (A) In general.--The Nation shall have the
                    authority to allocate, distribute, and lease the Navajo
                    water rights for any use on the Reservation in
                    accordance with the agreement, this section, and
                    applicable Tribal and Federal law.
                        (B) Off-reservation use.--The Nation may allocate,
                    distribute, and lease the Navajo water rights for off-
                    Reservation use in accordance with the agreement,
                    subject to the approval of the Secretary.
                        (C) Allottee water rights.--The Nation shall not
                    object in the general stream adjudication or other
                    applicable forum to the quantification of reasonable
                    domestic and stock water uses on an allotment, and
                    shall administer any water use on the Reservation in
                    accordance with applicable Federal law, including
                    recognition of--
                                (i) any water use existing on an allotment
                            as of the date of enactment of this Act and as
                            subsequently reflected in the hydrographic
                            survey report referenced in subsection (f)(2);
                                (ii) reasonable domestic and stock water
                            uses on an allotment; and
                                (iii) any allotment water rights decreed in
                            the general stream adjudication or other
                            appropriate forum.
                (4) Effect.--Except as otherwise expressly provided in this
            subsection, nothing in this section--
                        (A) authorizes any action by the Nation against the
                    United States under Federal, State, Tribal, or local
                    law; or
                        (B) alters or affects the status of any action
                    brought pursuant to section 1491(a) of title 28, United
                    States Code.
        (e) Navajo Trust Accounts.--
                (1) Establishment.--The Secretary shall establish a trust
            fund, to be known as the ``Navajo Utah Settlement Trust Fund''
            (referred to in this section as the ``Trust Fund''), to be
            managed, invested, and distributed by the Secretary and to
            remain available until expended, consisting of the amounts
            deposited in the Trust Fund under paragraph (3), together with
            any interest earned on those amounts, for the purpose of
            carrying out this section.
                (2) Accounts.--The Secretary shall establish in the Trust
            Fund the following Accounts (referred to in this subsection as
            the ``Trust Fund Accounts''):
                        (A) The Navajo Water Development Projects Account.
                        (B) The Navajo OM&R Account.
                (3) Deposits.--The Secretary shall deposit in the Trust
            Fund Accounts--
                        (A) in the Navajo Water Development Projects
                    Account, the amounts made available pursuant to
                    subsection (f)(1)(A); and
                        (B) in the Navajo OM&R Account, the amount made
                    available pursuant to subsection (f)(1)(B).
                (4) Management and interest.--
                        (A) Management.--Upon receipt and deposit of the
                    funds into the Trust Fund Accounts, the Secretary shall
                    manage, invest, and distribute all amounts in the Trust
                    Fund in a manner that is consistent with the investment
                    authority of the Secretary under--
                                (i) the first section of the Act of June
                            24, 1938 (25 U.S.C. 162a);
                                (ii) the American Indian Trust Fund
                            Management Reform Act of 1994 (25 U.S.C. 4001
                            et seq.); and
                                (iii) this subsection.
                        (B) Investment earnings.--In addition to the
                    deposits under paragraph (3), any investment earnings,
                    including interest, credited to amounts held in the
                    Trust Fund are authorized to be appropriated to be used
                    in accordance with the uses described in paragraph (8).
                (5) Availability of amounts.--Amounts appropriated to, and
            deposited in, the Trust Fund, including any investment
            earnings, shall be made available to the Nation by the
            Secretary beginning on the enforceability date and subject to
            the uses and restrictions set forth in this subsection.
                (6) Withdrawals.--
                        (A) Withdrawals under the american indian trust
                    fund management reform act of 1994.--The Nation may
                    withdraw any portion of the funds in the Trust Fund on
                    approval by the Secretary of a tribal management plan
                    submitted by the Nation in accordance with the American
                    Indian Trust Fund Management Reform Act of 1994 (25
                    U.S.C. 4001 et seq.).
                                (i) Requirements.--In addition to the
                            requirements under the American Indian Trust
                            Fund Management Reform Act of 1994 (25 U.S.C.
                            4001 et seq.), the tribal management plan under
                            this subparagraph shall require that the Nation
                            shall spend all amounts withdrawn from the
                            Trust Fund and any investment earnings accrued
                            through the investments under the Tribal
                            management plan in accordance with this
                            section.
                                (ii) Enforcement.--The Secretary may carry
                            out such judicial and administrative actions as
                            the Secretary determines to be necessary to
                            enforce the Tribal management plan to ensure
                            that amounts withdrawn by the Nation from the
                            Trust Fund under this subparagraph are used in
                            accordance with this section.
                        (B) Withdrawals under expenditure plan.--The Nation
                    may submit to the Secretary a request to withdraw funds
                    from the Trust Fund pursuant to an approved expenditure
                    plan.
                                (i) Requirements.--To be eligible to
                            withdraw funds under an expenditure plan under
                            this subparagraph, the Nation shall submit to
                            the Secretary for approval an expenditure plan
                            for any portion of the Trust Fund that the
                            Nation elects to withdraw pursuant to this
                            subparagraph, subject to the condition that the
                            funds shall be used for the purposes described
                            in this section.
                                (ii) Inclusions.--An expenditure plan under
                            this subparagraph shall include a description
                            of the manner and purpose for which the amounts
                            proposed to be withdrawn from the Trust Fund
                            will be used by the Nation, in accordance with
                            paragraphs (3) and (8).
                                (iii) Approval.--On receipt of an
                            expenditure plan under this subparagraph, the
                            Secretary shall approve the plan, if the
                            Secretary determines that the plan--
                                        (I) is reasonable;
                                        (II) is consistent with, and will
                                    be used for, the purposes of this
                                    section; and
                                        (III) contains a schedule which
                                    describes that tasks will be completed
                                    within 18 months of receipt of
                                    withdrawn amounts.
                                (iv) Enforcement.--The Secretary may carry
                            out such judicial and administrative actions as
                            the Secretary determines to be necessary to
                            enforce an expenditure plan to ensure that
                            amounts disbursed under this subparagraph are
                            used in accordance with this section.
                (7) Effect of title.--Nothing in this section gives the
            Nation the right to judicial review of a determination of the
            Secretary regarding whether to approve a Tribal management plan
            or an expenditure plan except under subchapter II of chapter 5,
            and chapter 7, of title 5, United States Code (commonly known
            as the ``Administrative Procedure Act'').
                (8) Uses.--Amounts from the Trust Fund shall be used by the
            Nation for the following purposes:
                        (A) The Navajo Water Development Projects Account
                    shall be used to plan, design, and construct the Navajo
                    water development projects and for the conduct of
                    related activities, including to comply with Federal
                    environmental laws.
                        (B) The Navajo OM&R Account shall be used for the
                    operation, maintenance, and replacement of the Navajo
                    water development projects.
                (9) Liability.--The Secretary and the Secretary of the
            Treasury shall not be liable for the expenditure or investment
            of any amounts withdrawn from the Trust Fund by the Nation
            under paragraph (6).
                (10) No per capita distributions.--No portion of the Trust
            Fund shall be distributed on a per capita basis to any member
            of the Nation.
                (11) Expenditure reports.--The Navajo Nation shall submit
            to the Secretary annually an expenditure report describing
            accomplishments and amounts spent from use of withdrawals under
            a Tribal management plan or an expenditure plan as described in
            this section.
        (f) Authorization of Appropriations.--
                (1) Authorization.--There are authorized to be appropriated
            to the Secretary--
                        (A) for deposit in the Navajo Water Development
                    Projects Account of the Trust Fund established under
                    subsection (e)(2)(A), $198,300,000, which funds shall
                    be retained until expended, withdrawn, or reverted to
                    the general fund of the Treasury; and
                        (B) for deposit in the Navajo OM&R Account of the
                    Trust Fund established under subsection (e)(2)(B),
                    $11,100,000, which funds shall be retained until
                    expended, withdrawn, or reverted to the general fund of
                    the Treasury.
                (2) Implementation costs.--There is authorized to be
            appropriated non-trust funds in the amount of $1,000,000 to
            assist the United States with costs associated with the
            implementation of this section, including the preparation of a
            hydrographic survey of historic and existing water uses on the
            Reservation and on allotments.
                (3) State cost share.--The State shall contribute
            $8,000,000 payable to the Secretary for deposit into the Navajo
            Water Development Projects Account of the Trust Fund
            established under subsection (e)(2)(A) in installments in each
            of the 3 years following the execution of the agreement by the
            Secretary as provided for in subsection (c)(2).
                (4) Fluctuation in costs.--The amount authorized to be
            appropriated under paragraph (1) shall be increased or
            decreased, as appropriate, by such amounts as may be justified
            by reason of ordinary fluctuations in costs occurring after the
            date of enactment of this Act as indicated by the Bureau of
            Reclamation Construction Cost Index--Composite Trend.
                        (A) Repetition.--The adjustment process under this
                    paragraph shall be repeated for each subsequent amount
                    appropriated until the amount authorized, as adjusted,
                    has been appropriated.
                        (B) Period of indexing.--The period of indexing
                    adjustment for any increment of funding shall end on
                    the date on which funds are deposited into the Trust
                    Fund.
        (g) Conditions Precedent.--
                (1) In general.--The waivers and releases contained in
            subsection (h) shall become effective as of the date the
            Secretary causes to be published in the Federal Register a
            statement of findings that--
                        (A) to the extent that the agreement conflicts with
                    this section, the agreement has been revised to conform
                    with this section;
                        (B) the agreement, so revised, including waivers
                    and releases of claims set forth in subsection (h), has
                    been executed by the parties, including the United
                    States;
                        (C) Congress has fully appropriated, or the
                    Secretary has provided from other authorized sources,
                    all funds authorized under subsection (f)(1);
                        (D) the State has enacted any necessary legislation
                    and provided the funding required under the agreement
                    and subsection (f)(3); and
                        (E) the court has entered a final or interlocutory
                    decree that--
                                (i) confirms the Navajo water rights
                            consistent with the agreement and this section;
                            and
                                (ii) with respect to the Navajo water
                            rights, is final and nonappealable.
                (2) Expiration date.--If all the conditions precedent
            described in paragraph (1) have not been fulfilled to allow the
            Secretary's statement of findings to be published in the
            Federal Register by October 31, 2030--
                        (A) the agreement and this section, including
                    waivers and releases of claims described in those
                    documents, shall no longer be effective;
                        (B) any funds that have been appropriated pursuant
                    to subsection (f) but not expended, including any
                    investment earnings on funds that have been
                    appropriated pursuant to such subsection, shall
                    immediately revert to the general fund of the Treasury;
                    and
                        (C) any funds contributed by the State pursuant to
                    subsection (f)(3) but not expended shall be returned
                    immediately to the State.
                (3) Extension.--The expiration date set forth in paragraph
            (2) may be extended if the Navajo Nation, the State, and the
            United States (acting through the Secretary) agree that an
            extension is reasonably necessary.
        (h) Waivers and Releases.--
                (1) In general.--
                        (A) Waiver and release of claims by the nation and
                    the united states acting in its capacity as trustee for
                    the nation.--Subject to the retention of rights set
                    forth in paragraph (3), in return for confirmation of
                    the Navajo water rights and other benefits set forth in
                    the agreement and this section, the Nation, on behalf
                    of itself and the members of the Nation (other than
                    members in their capacity as allottees), and the United
                    States, acting as trustee for the Nation and members of
                    the Nation (other than members in their capacity as
                    allottees), are authorized and directed to execute a
                    waiver and release of--
                                (i) all claims for water rights within Utah
                            based on any and all legal theories that the
                            Navajo Nation or the United States acting in
                            its trust capacity for the Nation, asserted, or
                            could have asserted, at any time in any
                            proceeding, including to the general stream
                            adjudication, up to and including the
                            enforceability date, except to the extent that
                            such rights are recognized in the agreement and
                            this section; and
                                (ii) all claims for damages, losses, or
                            injuries to water rights or claims of
                            interference with, diversion, or taking of
                            water rights (including claims for injury to
                            lands resulting from such damages, losses,
                            injuries, interference with, diversion, or
                            taking of water rights) within Utah against the
                            State, or any person, entity, corporation, or
                            municipality, that accrued at any time up to
                            and including the enforceability date.
                (2) Claims by the navajo nation against the united
            states.--The Navajo Nation, on behalf of itself (including in
            its capacity as allottee) and its members (other than members
            in their capacity as allottees), shall execute a waiver and
            release of--
                        (A) all claims the Navajo Nation may have against
                    the United States relating in any manner to claims for
                    water rights in, or water of, Utah that the United
                    States acting in its trust capacity for the Nation
                    asserted, or could have asserted, in any proceeding,
                    including the general stream adjudication;
                        (B) all claims the Navajo Nation may have against
                    the United States relating in any manner to damages,
                    losses, or injuries to water, water rights, land, or
                    other resources due to loss of water or water rights
                    (including damages, losses, or injuries to hunting,
                    fishing, gathering, or cultural rights due to loss of
                    water or water rights; claims relating to interference
                    with, diversion, or taking of water; or claims relating
                    to failure to protect, acquire, replace, or develop
                    water or water rights) within Utah that first accrued
                    at any time up to and including the enforceability
                    date;
                        (C) all claims the Nation may have against the
                    United States relating in any manner to the litigation
                    of claims relating to the Nation's water rights in
                    proceedings in Utah; and
                        (D) all claims the Nation may have against the
                    United States relating in any manner to the
                    negotiation, execution, or adoption of the agreement or
                    this section.
                (3) Reservation of rights and retention of claims by the
            navajo nation and the united states.--Notwithstanding the
            waivers and releases authorized in this section, the Navajo
            Nation, and the United States acting in its trust capacity for
            the Nation, retain--
                        (A) all claims for injuries to and the enforcement
                    of the agreement and the final or interlocutory decree
                    entered in the general stream adjudication, through
                    such legal and equitable remedies as may be available
                    in the decree court or the Federal District Court for
                    the District of Utah;
                        (B) all rights to use and protect water rights
                    acquired after the enforceability date;
                        (C) all claims relating to activities affecting the
                    quality of water, including any claims under the
                    Comprehensive Environmental Response, Compensation, and
                    Liability Act of 1980 (42 U.S.C. 9601 et seq.)
                    (including claims for damages to natural resources),
                    the Safe Drinking Water Act (42 U.S.C. 300f et seq.),
                    and the Federal Water Pollution Control Act (33 U.S.C.
                    1251 et seq.), the regulations implementing those Acts,
                    and the common law;
                        (D) all claims for water rights, and claims for
                    injury to water rights, in States other than the State
                    of Utah;
                        (E) all claims, including environmental claims,
                    under any laws (including regulations and common law)
                    relating to human health, safety, or the environment;
                    and
                        (F) all rights, remedies, privileges, immunities,
                    and powers not specifically waived and released
                    pursuant to the agreement and this section.
                (4) Effect.--Nothing in the agreement or this section--
                        (A) affects the ability of the United States acting
                    in its sovereign capacity to take actions authorized by
                    law, including any laws relating to health, safety, or
                    the environment, including the Comprehensive
                    Environmental Response, Compensation, and Liability Act
                    of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking
                    Water Act (42 U.S.C. 300f et seq.), the Federal Water
                    Pollution Control Act (33 U.S.C. 1251 et seq.), the
                    Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and
                    the regulations implementing those laws;
                        (B) affects the ability of the United States to
                    take actions in its capacity as trustee for any other
                    Indian Tribe or allottee;
                        (C) confers jurisdiction on any State court to--
                                (i) interpret Federal law regarding health,
                            safety, or the environment or determine the
                            duties of the United States or other parties
                            pursuant to such Federal law; and
                                (ii) conduct judicial review of Federal
                            agency action; or
                        (D) modifies, conflicts with, preempts, or
                    otherwise affects--
                                (i) the Boulder Canyon Project Act (43
                            U.S.C. 617 et seq.);
                                (ii) the Boulder Canyon Project Adjustment
                            Act (43 U.S.C. 618 et seq.);
                                (iii) the Act of April 11, 1956 (commonly
                            known as the ``Colorado River Storage Project
                            Act'') (43 U.S.C. 620 et seq.);
                                (iv) the Colorado River Basin Project Act
                            (43 U.S.C. 1501 et seq.);
                                (v) the Treaty between the United States of
                            America and Mexico respecting utilization of
                            waters of the Colorado and Tijuana Rivers and
                            of the Rio Grande, signed at Washington
                            February 3, 1944 (59 Stat. 1219);
                                (vi) the Colorado River Compact of 1922, as
                            approved by the Presidential Proclamation of
                            June 25, 1929 (46 Stat. 3000); and
                                (vii) the Upper Colorado River Basin
                            Compact as consented to by the Act of April 6,
                            1949 (63 Stat. 31, chapter 48).
                (5) Tolling of claims.--
                        (A) In general.--Each applicable period of
                    limitation and time-based equitable defense relating to
                    a claim waived by the Navajo Nation described in this
                    subsection shall be tolled for the period beginning on
                    the date of enactment of this Act and ending on the
                    enforceability date.
                        (B) Effect of paragraph.--Nothing in this paragraph
                    revives any claim or tolls any period of limitation or
                    time-based equitable defense that expired before the
                    date of enactment of this Act.
                        (C) Limitation.--Nothing in this subsection
                    precludes the tolling of any period of limitations or
                    any time-based equitable defense under any other
                    applicable law.
        (i) Miscellaneous Provisions.--
                (1) Precedent.--Nothing in this section establishes any
            standard for the quantification or litigation of Federal
            reserved water rights or any other Indian water claims of any
            other Indian Tribe in any other judicial or administrative
            proceeding.
                (2) Other indian tribes.--Nothing in the agreement or this
            section shall be construed in any way to quantify or otherwise
            adversely affect the water rights, claims, or entitlements to
            water of any Indian Tribe, band, or community, other than the
            Navajo Nation.
        (j) Relation to Allottees.--
                (1) No effect on claims of allottees.--Nothing in this
            section or the agreement shall affect the rights or claims of
            allottees, or the United States, acting in its capacity as
            trustee for or on behalf of allottees, for water rights or
            damages related to lands allotted by the United States to
            allottees, except as provided in subsection (d)(1)(B).
                (2) Relationship of decree to allottees.--Allottees, or the
            United States, acting in its capacity as trustee for allottees,
            are not bound by any decree entered in the general stream
            adjudication confirming the Navajo water rights and shall not
            be precluded from making claims to water rights in the general
            stream adjudication. Allottees, or the United States, acting in
            its capacity as trustee for allottees, may make claims and such
            claims may be adjudicated as individual water rights in the
            general stream adjudication.
        (k) Antideficiency.--The United States shall not be liable for any
    failure to carry out any obligation or activity authorized by this
    section (including any obligation or activity under the agreement) if
    adequate appropriations are not provided expressly by Congress to carry
    out the purposes of this section.

    SEC. 1103. AAMODT LITIGATION SETTLEMENT COMPLETION.

        (a) Definition of 611(g) Agreement.--Section 602 of the Aamodt
    Litigation Settlement Act (Public Law 111-291; 124 Stat. 3134) is
    amended--
                (1) by redesignating paragraphs (1) through (23) as
            paragraphs (2) through (24), respectively; and
                (2) by inserting before paragraph (2) (as so redesignated)
            the following:
                ``(1) 611(g) agreement.--The term `611(g) Agreement' means
            the agreement dated September 17, 2019, executed by the United
            States, the State, the Pueblos, the County, and the City
            pursuant to section 611(g).''.
        (b) Final Project Design.--Section 611(b) of the Aamodt Litigation
    Settlement Act (Public Law 111-291; 124 Stat. 3137) is amended, in the
    matter preceding paragraph (1), by striking ``within 90 days of'' and
    inserting ``as soon as feasible after''.
        (c) Construction Costs for Pueblo Water Facilities.--Section 611(f)
    of the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat.
    3138) is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A), by striking ``
                    $106,400,000'' and inserting `` $243,400,000''; and
                        (B) by striking subparagraph (B) and inserting the
                    following:
                        ``(B) Exception.--Of the amount described in
                    subparagraph (A)--
                                ``(i) the initial $106,400,000 shall be
                            increased or decreased, as appropriate, based
                            on ordinary fluctuations in construction costs
                            since October 1, 2006, as determined using
                            applicable engineering cost indices; and
                                ``(ii) any amounts made available in excess
                            of the amount described in clause (i) shall be
                            increased or decreased, as appropriate, based
                            on ordinary fluctuations in construction costs
                            since October 1, 2018, as determined using
                            applicable engineering cost indices.''; and
                (2) in paragraph (3), by inserting ``and the 611(g)
            Agreement'' after ``the Cost-Sharing and System Integration
            Agreement''.
        (d) Funding for Regional Water System.--Section 617(a)(1)(B) of the
    Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 3147)
    is amended--
                (1) by striking the period at the end and inserting ``;
            and'';
                (2) by striking ``section 616 $50,000,000'' and inserting
            the following: ``section 616--
                                ``(i) $50,000,000''; and
                (3) by adding at the end the following:
                                ``(ii) subject to the availability of
                            appropriations and in addition to the amounts
                            made available under clause (i), $137,000,000,
                            as adjusted under paragraph (4), for the period
                            of fiscal years 2021 through 2028.''.
        (e) Adjustment.--Section 617(a)(4) of the Aamodt Litigation
    Settlement Act (Public Law 111-291; 124 Stat. 3147) is amended by
    striking ``since October 1, 2006, as determined using applicable
    engineering cost indices'' and inserting ``pursuant to section
    611(f)(1)(B)''.
        (f) Execution of Agreement Under Section 611(g).--Section 621 of
    the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat.
    3149) is amended by striking subsections (a) and (b) and inserting the
    following:
        ``(a) Approval.--To the extent the Settlement Agreement, the Cost-
    Sharing and System Integration Agreement, and the 611(g) Agreement do
    not conflict with this title, the Settlement Agreement, the Cost-
    Sharing and System Integration Agreement, and the 611(g) Agreement
    (including any amendments to the Settlement Agreement, the Cost-Sharing
    and System Integration Agreement, and the 611(g) Agreement that are
    executed to make the Settlement Agreement, the Cost-Sharing and System
    Integration Agreement, or the 611(g) Agreement consistent with this
    title) are authorized, ratified, and confirmed.
        ``(b) Execution.--To the extent the Settlement Agreement, the Cost-
    Sharing and System Integration Agreement, and the 611(g) Agreement do
    not conflict with this title, the Secretary shall execute the
    Settlement Agreement, the Cost-Sharing and System Integration
    Agreement, and the 611(g) Agreement (including any amendments that are
    necessary to make the Settlement Agreement, the Cost-Sharing and System
    Integration Agreement, or the 611(g) Agreement consistent with this
    title).''.
        (g) Requirements for Determination of Substantial Completion of the
    Regional Water System.--Section 623(e) of the Aamodt Litigation
    Settlement Act (Public Law 111-291; 124 Stat. 3151) is amended--
                (1) by striking paragraph (1) and inserting the following:
                ``(1) Criteria for substantial completion of regional water
            system.--Subject to the provisions of section 611(d) concerning
            the extent, size, and capacity of the County Distribution
            System, the Regional Water System shall be determined to be
            substantially completed if--
                        ``(A) the infrastructure has been constructed
                    capable of--
                                ``(i) diverting, treating, transmitting,
                            and distributing a supply of 2,500 acre-feet of
                            water to the Pueblos consistent with the
                            Engineering Report (as amended by the 611(g)
                            Agreement and the Operating Agreement); and
                                ``(ii) diverting, treating, and
                            transmitting the quantity of water specified in
                            the Engineering Report to the County
                            Distribution System and consistent with the
                            Engineering Report (as amended by the 611(g)
                            Agreement and the Operating Agreement); or
                        ``(B) the Secretary--
                                ``(i) issues a notice to proceed
                            authorizing the commencement of Phase I
                            construction of the Regional Water System by
                            December 31, 2019, and subsequently commences
                            construction of the Regional Water System;
                                ``(ii) diligently proceeds to construct the
                            Regional Water System in accordance with the
                            Engineering Report (as amended by the 611(g)
                            Agreement), on a schedule for completion by
                            June 30, 2028;
                                ``(iii) expends all of the available
                            funding provided to construct the Regional
                            Water System under section 611(f)(1)(A), in the
                            Cost-Sharing and System Integration Agreement,
                            and in the 611(g) Agreement;
                                ``(iv) complies with the terms of the
                            611(g) Agreement; and
                                ``(v) despite diligent efforts cannot
                            complete construction of the Regional Water
                            System as described in the final Engineering
                            Report (as amended by the 611(g) Agreement),
                            due solely to the lack of additional authorized
                            funding.'';
                (2) in paragraph (2)--
                        (A) by striking ``2021'' and inserting ``2025'';
                    and
                        (B) by striking ``2024'' and inserting ``2028'';
                (3) in paragraph (3), in the matter preceding subparagraph
            (A), by striking ``2021'' and inserting ``2025'';
                (4) in paragraph (4)(B)(ii)(II), by striking ``2023'' and
            inserting ``2027''; and
                (5) in paragraph (5)(A), by striking ``2024'' and inserting
            ``2028''.

    SEC. 1104. KICKAPOO TRIBE.

        (a) Definition of Upper Delaware and Tributaries Watershed Plan.--
    In this section, the term ``Upper Delaware and Tributaries Watershed
    Plan'' means the plan described in the document entitled ``Watershed
    Plan and Environmental Impact Statement Upper Delaware and Tributaries
    Watershed Atchison, Brown, Jackson, and Nemaha Counties, Kansas'',
    dated January 1994, and supplemented in June 1994--
                (1) developed, pursuant to the Watershed Protection and
            Flood Prevention Act (16 U.S.C. 1001 et seq.)--
                        (A) by the Kickapoo Tribe, certain watershed and
                    conservation districts in the State of Kansas, and the
                    Department of Wildlife and Parks of the State of
                    Kansas; and
                        (B) with the cooperation and technical assistance
                    of the Natural Resources Conservation Service; and
                (2) described in the report of the Committee on Environment
            and Public Works of the Senate (Senate Report 105-13; April 22,
            1997).
        (b) Study; Recommendations.--To support the purposes of achieving a
    fair, equitable, and final settlement of claims to water rights for the
    Kickapoo Tribe in the State of Kansas, the Secretary of Agriculture
    (acting through the Chief of the Natural Resources Conservation
    Service), in consultation with the Secretary of the Interior (acting
    through the Director of the Secretary's Indian Water Rights Office),
    shall--
                (1) commence a study of the multipurpose dam described in
            the Upper Delaware and Tributaries Watershed Plan; and
                (2) not later than 2 years after the date of enactment of
            this Act, make recommendations to Congress with respect to the
            material alterations or changes to the Upper Delaware and
            Tributaries Watershed Plan that are necessary to effectuate, in
            part, the Tribal water rights agreed to by the Kickapoo Tribe
            and the State of Kansas on September 9, 2016, in the Kickapoo
            Tribe Water Rights Settlement Agreement, which otherwise
            remains subject to approval and authorization by Congress.

    SEC. 1105. AQUIFER RECHARGE FLEXIBILITY.

        (a) Short Title.--This section may be cited as the ``Aquifer
    Recharge Flexibility Act''.
        (b) Definitions.--In this Act:
                (1) Bureau.--The term ``Bureau'' means the Bureau of
            Reclamation.
                (2) Commissioner.--The term ``Commissioner'' means the
            Commissioner of Reclamation.
                (3) Eligible land.--The term ``eligible land'', with
            respect to a Reclamation project, means land that--
                        (A) is authorized to receive water under State law;
                    and
                        (B) shares an aquifer with land located in the
                    service area of the Reclamation project.
                (4) Net water storage benefit.--The term ``net water
            storage benefit'' means an increase in the volume of water that
            is--
                        (A) stored in 1 or more aquifers; and
                        (B)(i) available for use within the authorized
                    service area of a Reclamation project; or
                        (ii) stored on a long-term basis to avoid or reduce
                    groundwater overdraft.
                (5) Reclamation facility.--The term ``Reclamation
            facility'' means each of the infrastructure assets that are
            owned by the Bureau at a Reclamation project.
                (6) Reclamation project.--The term ``Reclamation project''
            means any reclamation or irrigation project, including
            incidental features thereof, authorized by Federal reclamation
            law or the Act of August 11, 1939 (commonly known as the
            ``Water Conservation and Utilization Act'') (53 Stat. 1418,
            chapter 717; 16 U.S.C. 590y et seq.), or constructed by the
            United States pursuant to such law, or in connection with which
            there is a repayment or water service contract executed by the
            United States pursuant to such law, or any project constructed
            by the Secretary through the Bureau for the reclamation of
            land.
        (c) Flexibility to Allow Greater Aquifer Recharge in Western
    States.--
                (1) Use of reclamation facilities.--
                        (A) In general.--The Commissioner may allow the use
                    of excess capacity in Reclamation facilities for
                    aquifer recharge of non-Reclamation project water,
                    subject to applicable rates, charges, and public
                    participation requirements, on the condition that--
                                (i) the use--
                                        (I) shall not be implemented in a
                                    manner that is detrimental to--
                                                (aa) any power service or
                                            water contract for the
                                            Reclamation project; or
                                                (bb) any obligations for
                                            fish, wildlife, or water
                                            quality protection applicable
                                            to the Reclamation project;
                                        (II) shall be consistent with water
                                    quality guidelines for the Reclamation
                                    project;
                                        (III) shall comply with all
                                    applicable--
                                                (aa) Federal laws; and
                                                (bb) policies of the
                                            Bureau; and
                                        (IV) shall comply with all
                                    applicable State laws and policies; and
                                (ii) the non-Federal party to an existing
                            contract for water or water capacity in a
                            Reclamation facility consents to the use of the
                            Reclamation facility under this subsection.
                        (B) Effect on existing contracts.--Nothing in this
                    subsection affects a contract--
                                (i) in effect on the date of enactment of
                            this Act; and
                                (ii) under which the use of excess capacity
                            in a Bureau conveyance facility for carriage of
                            non-Reclamation project water for aquifer
                            recharge is allowed.
                (2) Aquifer recharge on eligible land.--
                        (A) In general.--Subject to subparagraphs (C) and
                    (D), the Secretary may contract with a holder of a
                    water service or repayment contract for a Reclamation
                    project to allow the contractor, in accordance with
                    applicable State laws and policies--
                                (i) to directly use water available under
                            the contract for aquifer recharge on eligible
                            land; or
                                (ii) to enter into an agreement with an
                            individual or entity to transfer water
                            available under the contract for aquifer
                            recharge on eligible land.
                        (B) Authorized project use.--The use of a
                    Reclamation facility for aquifer recharge under
                    subparagraph (A) shall be considered an authorized use
                    for the Reclamation project if requested by a holder of
                    a water service or repayment contract for the
                    Reclamation facility.
                        (C) Modifications to contracts.--The Secretary may
                    contract with a holder of a water service or repayment
                    contract for a Reclamation project under subparagraph
                    (A) if the Secretary determines that a new contract or
                    contract amendment described in that subparagraph is--
                                (i) necessary to allow for the use of water
                            available under the contract for aquifer
                            recharge under this subsection;
                                (ii) in the best interest of the
                            Reclamation project and the United States; and
                                (iii) approved by the contractor that is
                            responsible for repaying the cost of
                            construction, operations, and maintenance of
                            the facility that delivers the water under the
                            contract.
                        (D) Requirements.--The use of Reclamation
                    facilities for the use or transfer of water for aquifer
                    recharge under this subsection shall be subject to the
                    requirements that--
                                (i) the use or transfer shall not be
                            implemented in a manner that materially impacts
                            any power service or water contract for the
                            Reclamation project; and
                                (ii) before the use or transfer, the
                            Secretary shall determine that the use or
                            transfer--
                                        (I) results in a net water storage
                                    benefit for the Reclamation project; or
                                        (II) contributes to the recharge of
                                    an aquifer on eligible land; and
                                (iii) the use or transfer complies with all
                            applicable--
                                        (I) Federal laws and policies; and
                                        (II) interstate water compacts.
                (3) Conveyance for aquifer recharge purposes.--The holder
            of a right-of-way, easement, permit, or other authorization to
            transport water across public land administered by the Bureau
            of Land Management may transport water for aquifer recharge
            purposes without requiring additional authorization from the
            Secretary where the use does not expand or modify the operation
            of the right-of-way, easement, permit, or other authorization
            across public land.
                (4) Effect.--Nothing in this Act creates, impairs, alters,
            or supersedes a Federal or State water right.
                (5) Exemption.--This Act shall not apply to the State of
            California.
                (6) Advisory group.--The Secretary may participate in any
            State-led collaborative, multi-stakeholder advisory group
            created in any watershed the purpose of which is to monitor,
            review, and assess aquifer recharge activities.

    SEC. 1106. WATERSMART EXTENSION AND EXPANSION.

        (a) Definition of Eligible Applicant.--Section 9502 of the Omnibus
    Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
                (1) in the matter preceding paragraph (1), by striking
            ``section'' and inserting ``subtitle'';
                (2) by striking paragraph (7) and inserting the following:
                ``(7) Eligible applicant.--The term `eligible applicant'
            means--
                        ``(A) any State, Indian tribe, irrigation district,
                    or water district;
                        ``(B) any State, regional, or local authority, the
                    members of which include 1 or more organizations with
                    water or power delivery authority;
                        ``(C) any other organization with water or power
                    delivery authority; and
                        ``(D) any nonprofit conservation organization, if--
                                ``(i) the nonprofit conservation
                            organization is acting in partnership with and
                            with the agreement of an entity described in
                            subparagraph (A), (B), or (C); or
                                ``(ii) in the case of an application for a
                            project to improve the condition of a natural
                            feature or nature-based feature on Federal
                            land, the entities described in subparagraph
                            (A), (B), or (C) from the applicable service
                            area have been notified of the project
                            application and there is no written objection
                            to the project.'';
                (3) in paragraph (10), by striking ``450b'' and inserting
            ``5304'';
                (4) by redesignating paragraphs (13) through (17) as
            paragraphs (15) through (19), respectively; and
                (5) by inserting after paragraph (12) the following:
                ``(13) Natural feature.--The term `natural feature' means a
            feature that is created through the action of physical,
            geological, biological, and chemical processes over time.
                ``(14) Nature-based feature.--The term `nature-based
            feature' means a feature that is created by human design,
            engineering, and construction to provide a means to reduce
            water supply and demand imbalances or drought or flood risk by
            acting in concert with natural processes.''.
        (b) Grants and Cooperative Agreements.--Section 9504(a) of the
    Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is
    amended--
                (1) in paragraph (1)--
                        (A) in the matter preceding subparagraph (A), by
                    inserting ``or carrying out any activity'' after ``any
                    improvement'';
                        (B) by redesignating subparagraphs (F), (G), and
                    (H) as subparagraphs (G), (H), and (J), respectively;
                        (C) by inserting after subparagraph (E) the
                    following:
                        ``(F) to assist States and water users in complying
                    with interstate compacts or reducing basin water
                    supply-demand imbalances;'';
                        (D) in subparagraph (G) (as so redesignated), by
                    striking ``to prevent'' and inserting ``to achieve the
                    prevention of'';
                        (E) in subparagraph (H) (as so redesignated)--
                                (i) by striking ``to accelerate'' and
                            inserting ``to achieve the acceleration of'';
                            and
                                (ii) by striking ``or'' at the end;
                        (F) by inserting after subparagraph (H) (as so
                    redesignated) the following:
                        ``(I) to improve the condition of a natural
                    feature; or''; and
                        (G) in subparagraph (J) (as so redesignated)--
                                (i) in clause (i), by striking ``or'' at
                            the end;
                                (ii) in clause (ii), by striking the period
                            at the end and inserting ``; or''; and
                                (iii) by adding at the end the following:
                                ``(iii) to plan for or address the impacts
                            of drought.'';
                (2) in paragraph (2)--
                        (A) in subparagraph (A)--
                                (i) in clause (ii), by striking ``or'';
                                (ii) in clause (iii), by striking ``and''
                            and inserting ``or''; and
                                (iii) by adding at the end the following:
                                ``(iv) the Commonwealth of Puerto Rico;
                            and''; and
                        (B) by striking subparagraph (B) and inserting the
                    following:
                        ``(B) submit to the Secretary an application that
                    includes--
                                ``(i) a proposal of the improvement or
                            activity to be planned, designed, constructed,
                            or implemented by the eligible applicant; and
                                ``(ii) for a project that is intended to
                            have a quantifiable water savings and would
                            receive a grant of $500,000 or more--
                                        ``(I) a proposal for a monitoring
                                    plan of at least 5 years that would
                                    demonstrate ways in which the proposed
                                    improvement or activity would result in
                                    improved streamflows or aquatic
                                    habitat; or
                                        ``(II) for a project that does not
                                    anticipate improved streamflows or
                                    aquatic habitat, an analysis of ways in
                                    which the proposed improvement or
                                    activity would contribute to 1 or more
                                    of the other objectives described in
                                    paragraph (1).'';
                (3) in paragraph (3)(E), by striking clause (i) and
            inserting the following:
                                ``(i) Federal share.--
                                        ``(I) In general.--Except as
                                    provided in subclause (II), the Federal
                                    share of the cost of any infrastructure
                                    improvement or activity that is the
                                    subject of a grant or other agreement
                                    entered into between the Secretary and
                                    an eligible applicant under paragraph
                                    (1) shall not exceed 50 percent of the
                                    cost of the infrastructure improvement
                                    or activity.
                                        ``(II) Increased federal share for
                                    certain infrastructure improvements and
                                    activities.--The Federal share of the
                                    cost of an infrastructure improvement
                                    or activity shall not exceed 75 percent
                                    of the cost of the infrastructure
                                    improvement or activity, if--
                                                ``(aa) the infrastructure
                                            improvement or activity was
                                            developed as part of a
                                            collaborative process by--

                                                        ``(AA) a watershed
                                                    group (as defined in
                                                    section 6001); or

                                                        ``(BB) a water user
                                                    and 1 or more
                                                    stakeholders with
                                                    diverse interests; and

                                                ``(bb) the majority of the
                                            benefits of the infrastructure
                                            improvement or activity, as
                                            determined by the Secretary,
                                            are for the purpose of
                                            advancing 1 or more components
                                            of an established strategy or
                                            plan to increase the
                                            reliability of water supply for
                                            consumptive and nonconsumptive
                                            ecological values.''; and
                (4) by adding at the end the following:
                ``(4) Priority.--In providing grants to, and entering into
            agreements for, projects intended to have a quantifiable water
            savings under this subsection, the Secretary shall give
            priority to projects that enhance drought resilience by
            benefitting the water supply and ecosystem.''.
        (c) Research Agreements.--Section 9504(b)(1) of the Omnibus Public
    Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended--
                (1) in the matter preceding subparagraph (A), by striking
            ``or organization with water or power delivery authority'' and
            inserting ``or eligible applicant'';
                (2) in subparagraph (B), by striking ``or'' at the end;
                (3) by redesignating subparagraph (C) as subparagraph (D);
            and
                (4) by inserting after subparagraph (B) the following:
                        ``(C) to restore a natural feature or use a nature-
                    based feature to reduce water supply and demand
                    imbalances or the risk of drought or flood; or''.
        (d) Authorization of Appropriations.--Section 9504(e) of the
    Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is
    amended by striking `` $530,000,000'' and inserting `` $700,000,000,
    subject to the condition that $50,000,000 of that amount shall be used
    to carry out section 206 of the Energy and Water Development and
    Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public
    Law 113-235)''.
        (e) Conforming Amendment.--Section 4009(d) of Public Law 114-322
    (42 U.S.C. 10364 note) is amended by striking ``on the condition that
    of that amount, $50,000,000 of it is used to carry out section 206 of
    the Energy and Water Development and Related Agencies Appropriations
    Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.

    SEC. 1107. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.

        (a) Definitions.--Section 6001 of the Omnibus Public Land
    Management Act of 2009 (16 U.S.C. 1015) is amended--
                (1) by redesignating paragraphs (2) through (6) as
            paragraphs (3) through (7), respectively;
                (2) by inserting after paragraph (1) the following:
                ``(2) Disadvantaged community.--The term `disadvantaged
            community' means a community (including a city, town, county,
            or reasonably isolated and divisible segment of a larger
            municipality) with an annual median household income that is
            less than 100 percent of the statewide annual median household
            income for the State in which the community is located,
            according to the most recent decennial census.'';
                (3) in paragraph (6)(B)(i) (as so redesignated)--
                        (A) in subclause (VIII), by striking ``and'' at the
                    end;
                        (B) in subclause (IX), by adding ``and'' after the
                    semicolon at the end; and
                        (C) by adding at the end the following:
                        ``(X) disadvantaged communities;''; and
                (4) in paragraph (7)(C) (as so redesignated), by inserting
            ``, including benefits to fisheries, wildlife, or habitat''
            after ``river or stream''.
        (b) Application.--Section 6002 of the Omnibus Public Lands
    Management Act (16 U.S.C. 1015a) is amended--
                (1) by striking subsection (b) and inserting the following:
        ``(b) Establishment of Application Process; Criteria.--Not later
    than September 30, 2021, the Secretary shall update--
                ``(1) the application process for the program; and
                ``(2) in consultation with the States, the prioritization
            and eligibility criteria for considering applications submitted
            in accordance with the application process.''; and
                (2) in subsection (g), by striking ``2020'' and inserting
            ``2026''.

    SEC. 1108. MODIFICATION OF JACKSON GULCH REHABILITATION PROJECT,
                  COLORADO.

        Section 9105(b) of the Omnibus Public Land Management Act of 2009
    (Public Law 111-11; 123 Stat. 1303) is amended--
                (1) in paragraph (1)--
                        (A) by striking ``requirement'' and inserting ``and
                    cost-sharing requirements''; and
                        (B) by inserting ``, which shall be not more than
                    65 percent of that total cost'' before the period at
                    the end;
                (2) in paragraph (3)--
                        (A) in the paragraph heading, by striking
                    ``requirement'' and inserting ``and cost-sharing
                    requirements'';
                        (B) in subparagraph (A), in the matter preceding
                    clause (i), by striking ``The Secretary shall recover
                    from the District as reimbursable expenses'' and
                    inserting ``Subject to subparagraph (C), the District
                    shall be liable under this subsection for an amount
                    equal to'';
                        (C) in subparagraph (B), in the matter preceding
                    clause (i), by striking ``Secretary shall recover
                    reimbursable expenses'' and inserting ``District shall
                    pay the Project costs for which the District is
                    liable''; and
                        (D) by striking subparagraph (C) and inserting the
                    following:
                        ``(C) Credit.--In determining the exact amount for
                    which the District is liable under this paragraph, the
                    Secretary shall--
                                ``(i) review and approve all final costs
                            associated with the completion of the Project;
                            and
                                ``(ii) credit the district for all amounts
                            paid by the District for engineering work and
                            improvements directly associated with the
                            Project, whether before, on, or after the date
                            of enactment of this Act.''; and
                (3) in paragraph (7), by striking `` $8,250,000.'' and
            inserting the following: ``the lesser of--
                        ``(A) not more than 65 percent of the total cost of
                    carrying out the Project; and
                        ``(B) $5,350,000.''.

    SEC. 1109. AQUATIC ECOSYSTEM RESTORATION.

        (a) Definition of Eligible Entity.--In this section, the term
    ``eligible entity'' means--
                (1) any State, Indian Tribe, irrigation district, or water
            district;
                (2) any State, regional, or local authority, the members of
            which include 1 or more organizations with water or power
            delivery authority;
                (3) any other entity or organization that owns a facility
            that is eligible for upgrade, modification or removal under
            this section;
                (4) any nonprofit conservation organization, acting in
            partnership with any entity listed in paragraphs (1) through
            (3), with respect to a project involving land or infrastructure
            owned by the entity; and
                (5) an agency established under State law for the joint
            exercise of powers or a combination of entities described in
            paragraphs (1) through (4).
        (b) General Authority.--
                (1) In general.--Subject to the requirements of this
            section and paragraph (2), on request of any eligible entity
            the Secretary may negotiate and enter into an agreement on
            behalf of the United States to fund the design, study, and
            construction of an aquatic ecosystem restoration and protection
            project in a Reclamation State if the Secretary determines that
            the project is likely to improve the health of fisheries,
            wildlife or aquatic habitat, including through habitat
            restoration and improved fish passage via the removal or bypass
            of barriers to fish passage.
                (2) Exception.--With respect to an aquatic ecosystem
            restoration and protection project under this section that
            removes a dam or modifies a dam in a manner that reduces
            storage or diversion capacity, the Secretary may only negotiate
            and enter into an agreement to fund--
                        (A) the design or study of such project if the
                    Secretary has received consent from the owner of the
                    applicable dam; or
                        (B) the construction of such project if the
                    Secretary--
                                (i) identifies any eligible entity that
                            receives water or power from the facility that
                            is under consideration for removal or
                            modification at the time of the request;
                                (ii) notifies each eligible entity
                            identified in clause (i) that the dam removal
                            or modification project has been requested; and
                                (iii) does not receive, by the date that is
                            120 days after the date on which all eligible
                            entities have been notified under clause (ii),
                            written objection from 1 or more eligible
                            entities that collectively receive \1/3\ or
                            more of the water or power delivered from the
                            facility that is under consideration for
                            removal or modification at the time of the
                            request.
        (c) Requirements.--
                (1) In general.--The Secretary shall accept and consider
            public comment prior to initiating design, study or development
            of a project under this section.
                (2) Preconditions.--Construction of a project under this
            section shall be a voluntary project initiated only after--
                        (A) an eligible entity has entered into an
                    agreement with the Secretary to pay no less than 35
                    percent of the costs of project construction;
                        (B) an eligible entity has entered an agreement to
                    pay 100 percent of any operation, maintenance, and
                    replacement and rehabilitation costs with respect to
                    the project;
                        (C) the Secretary determines the proposed project--
                                (i) will not result in an unmitigated
                            adverse impact on fulfillment of existing water
                            delivery obligations consistent with historical
                            operations and applicable contracts;
                                (ii) will not result in an unmitigated
                            adverse effect on the environment;
                                (iii) is consistent with the
                            responsibilities of the Secretary--
                                        (I) in the role as trustee for
                                    federally recognized Indian Tribes; and
                                        (II) to ensure compliance with any
                                    applicable international and Tribal
                                    treaties and agreements and interstate
                                    compacts and agreements;
                                (iv) is in the financial interest of the
                            United States based on a determination that the
                            project advances Federal objectives including
                            environmental enhancement objectives in a
                            Reclamation State; and
                                (v) complies with all applicable Federal
                            and State law, including environmental laws;
                            and
                        (D) the Secretary has complied with all applicable
                    environmental laws, including--
                                (i) the National Environmental Policy Act
                            of 1969 (42 U.S.C. 4321 et seq.);
                                (ii) the Endangered Species Act of 1973 (16
                            U.S.C. 1531 et seq.); and
                                (iii) subtitle III of title 54, United
                            States Code.
        (d) Funding.--There is authorized to be appropriated to carry out
    this section $15,000,000 for each of fiscal years 2022 through 2026, to
    remain available until expended.
        (e) Effects.--
                (1) In general.--Nothing in this section supersedes or
            limits any existing authority provided, or responsibility
            conferred, by any provision of law.
                (2) Effect on state water law.--Nothing in this section
            preempts or affects any--
                        (A) State water law; or
                        (B) interstate compact governing water.
        (f) Compliance Required.--The Secretary shall comply with
    applicable State water laws in carrying out this section.
        (g) Priority for Projects Providing Regional Benefits and
    Assistance for Aging Assets.--When funding projects under this section,
    the Secretary shall prioritize projects that--
                (1) are jointly developed and supported by a diverse array
            of stakeholders including representatives of irrigated
            agricultural production, hydroelectric production, potable
            water purveyors and industrial water users, Indian Tribes,
            commercial fishing interests, and nonprofit conservation
            organizations;
                (2) affect water resources management in 2 or more river
            basins while providing regional benefits not limited to
            fisheries restoration;
                (3) are a component of a broader strategy or plan to
            replace aging facilities with 1 or more alternate facilities
            providing similar benefits; and
                (4) contribute to the restoration of anadromous fish
            species listed under the Endangered Species Act of 1973 (16
            U.S.C. 1531 et seq.).

    SEC. 1110. CLEAN WATER FOR RURAL COMMUNITIES.

        (a) Short Title.--This section may be cited as the ``Clean Water
    for Rural Communities Act''.
        (b) Purpose.--The purpose of this Act is to ensure a safe and
    adequate municipal, rural, and industrial water supply for the citizens
    of--
                (1) Dawson, Garfield, McCone, Prairie, Richland, Judith
            Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and
            Musselshell Counties in the State of Montana; and
                (2) McKenzie County, North Dakota.
        (c) Definitions.--In this Act:
                (1) Authority.--The term ``Authority'' means--
                        (A) the Central Montana Regional Water Authority, a
                    publicly owned nonprofit water authority formed in
                    accordance with Mont. Code Ann. Sec. 75-6-302 (2007);
                    and
                        (B) any nonprofit successor entity to the Authority
                    described in subparagraph (A).
                (2) Musselshell-judith rural water system.--The term
            ``Musselshell-Judith Rural Water System'' means the
            Musselshell-Judith Rural Water System authorized under
            subsection (d)(1), with a project service area that includes--
                        (A) Judith Basin, Wheatland, Golden Valley, and
                    Musselshell Counties in the State;
                        (B) the portion of Yellowstone County in the State
                    within 2 miles of State Highway 3 and within 4 miles of
                    the county line between Golden Valley and Yellowstone
                    Counties in the State, inclusive of the Town of
                    Broadview, Montana; and
                        (C) the portion of Fergus County in the State
                    within 2 miles of U.S. Highway 87 and within 4 miles of
                    the county line between Fergus and Judith Basin
                    Counties in the State, inclusive of the Town of Moore,
                    Montana.
                (3) State.--The term ``State'' means the State of Montana.
        (d) Musselshell-Judith Rural Water System.--
                (1) Authorization.--The Secretary may carry out the
            planning, design, and construction of the Musselshell-Judith
            Rural Water System in a manner that is substantially in
            accordance with the feasibility report entitled ``Musselshell-
            Judith Rural Water System Feasibility Report'' (including any
            and all revisions of the report).
                (2) Cooperative agreement.--The Secretary shall enter into
            a cooperative agreement with the Authority to provide Federal
            assistance for the planning, design, and construction of the
            Musselshell-Judith Rural Water System.
                (3) Cost-sharing requirement.--
                        (A) Federal share.--
                                (i) In general.--The Federal share of the
                            costs relating to the planning, design, and
                            construction of the Musselshell-Judith Rural
                            Water System shall not exceed 65 percent of the
                            total cost of the Musselshell-Judith Rural
                            Water System.
                                (ii) Limitation.--Amounts made available
                            under clause (i) shall not be returnable or
                            reimbursable under the reclamation laws.
                        (B) Use of federal funds.--
                                (i) General uses.--Subject to clause (ii),
                            the Musselshell-Judith Rural Water System may
                            use Federal funds made available to carry out
                            this subsection for--
                                        (I) facilities relating to--
                                                (aa) water pumping;
                                                (bb) water treatment;
                                                (cc) water storage;
                                                (dd) water supply wells;
                                                (ee) distribution
                                            pipelines; and
                                                (ff) control systems;
                                        (II) transmission pipelines;
                                        (III) pumping stations;
                                        (IV) appurtenant buildings,
                                    maintenance equipment, and access
                                    roads;
                                        (V) any interconnection facility
                                    that connects a pipeline of the
                                    Musselshell-Judith Rural Water System
                                    to a pipeline of a public water system;
                                        (VI) electrical power transmission
                                    and distribution facilities required
                                    for the operation and maintenance of
                                    the Musselshell-Judith Rural Water
                                    System;
                                        (VII) any other facility or service
                                    required for the development of a rural
                                    water distribution system, as
                                    determined by the Secretary; and
                                        (VIII) any property or property
                                    right required for the construction or
                                    operation of a facility described in
                                    this subsection.
                                (ii) Limitation.--Federal funds made
                            available to carry out this subsection shall
                            not be used for the operation, maintenance, or
                            replacement of the Musselshell-Judith Rural
                            Water System.
                                (iii) Title.--Title to the Musselshell-
                            Judith Rural Water System shall be held by the
                            Authority.
        (e) Dry-Redwater Feasibility Study.--
                (1) Definitions.--In this subsection:
                        (A) Dry-redwater regional water authority.--The
                    term ``Dry-Redwater Regional Water Authority'' means--
                                (i) the Dry-Redwater Regional Water
                            Authority, a publicly owned nonprofit water
                            authority formed in accordance with Mont. Code
                            Ann. Sec. 75-6-302 (2007); and
                                (ii) any nonprofit successor entity to the
                            Authority described in clause (i).
                        (B) Dry-redwater regional water authority system.--
                    The term ``Dry-Redwater Regional Water Authority
                    System'' means the project entitled the ``Dry-Redwater
                    Regional Water Authority System'', with a project
                    service area that includes--
                                (i) Garfield and McCone Counties in the
                            State;
                                (ii) the area west of the Yellowstone River
                            in Dawson and Richland Counties in the State;
                                (iii) T. 15 N. (including the area north of
                            the Township) in Prairie County in the State;
                            and
                                (iv) the portion of McKenzie County, North
                            Dakota, that includes all land that is located
                            west of the Yellowstone River in the State of
                            North Dakota.
                        (C) Reclamation feasibility standards.--The term
                    ``reclamation feasibility standards'' means the
                    eligibility criteria and feasibility study requirements
                    described in section 106 of the Reclamation Rural Water
                    Supply Act of 2006 (43 U.S.C. 2405) (as in effect on
                    September 29, 2016).
                        (D) Submitted feasibility study.--The term
                    ``submitted feasibility study'' means the feasibility
                    study entitled ``Dry-Redwater Regional Water System
                    Feasibility Study'' (including revisions of the study),
                    which received funding from the Bureau of Reclamation
                    on September 1, 2010.
                (2) Study.--
                        (A) In general.--The Secretary, in consultation
                    with the Dry-Redwater Regional Water Authority, may
                    undertake a study, including a review of the submitted
                    feasibility study, to determine the feasibility of
                    constructing the Dry-Redwater Regional Water System.
                        (B) Requirement.--The study under subparagraph (A)
                    shall comply with the reclamation feasibility
                    standards.
                (3) Cooperative agreement.--If the Secretary determines
            that the study under paragraph (2) does not comply with the
            reclamation feasibility standards, the Secretary may enter into
            a cooperative agreement with the Dry-Redwater Regional Water
            Authority to complete additional work to ensure that the study
            complies with the reclamation feasibility standards.
                (4) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary $5,000,000 to carry out
            this subsection.
                (5) Termination.--The authority provided by this subsection
            shall expire on the date that is 5 years after the date of
            enactment of this Act.
        (f) Water Rights.--Nothing in this Act--
                (1) preempts or affects any State water law; or
                (2) affects any authority of a State, as in effect on the
            date of enactment of this Act, to manage water resources within
            that State.
        (g) Authorization of Appropriations.--
                (1) Authorization.--There is authorized to be appropriated
            to carry out the planning, design, and construction of the
            Musselshell-Judith Rural Water System, substantially in
            accordance with the cost estimate set forth in the feasibility
            report described in subsection (d)(1), $56,650,000.
                (2) Cost indexing.--The amount authorized to be
            appropriated under paragraph (1) may be increased or decreased
            in accordance with ordinary fluctuations in development costs
            incurred after November 1, 2014, as indicated by any available
            engineering cost indices applicable to construction activities
            that are similar to the construction of the Musselshell-Judith
            Rural Water System.

    SEC. 1111. SNOW WATER SUPPLY FORECASTING.

        (a) Short Title.--This section may be cited as the ``Snow Water
    Supply Forecasting Program Authorization Act''.
        (b) Definition of Program.--In this Act, the term ``program'' means
    the Snow Water Supply Forecasting Program established by subsection
    (c).
        (c) Snow Water Supply Forecasting Program.--
                (1) Program establishment.--The Snow Water Supply
            Forecasting Program is hereby established within the Department
            of the Interior.
                (2) Program implementation.--To implement the program, the
            Secretary shall--
                        (A) develop the program framework in coordination
                    with other Federal agencies pursuant to subsection (d),
                    culminating in the report required under subsection
                    (d)(3); and
                        (B) after submitting the report required by
                    subsection (d)(3), implement activities to improve
                    snowpack measurement in particular watersheds pursuant
                    to subsection (e).
        (d) Development of Program Framework in Coordination With Other
    Federal Agencies.--
                (1) Snowpack measurement data.--When determining water
            supply forecasts or allocations to Federal water contractors,
            the Secretary, acting through the Commissioner of the Bureau of
            Reclamation, shall incorporate, to the greatest extent
            practicable, information from emerging technologies for
            snowpack measurement, such as--
                        (A) synthetic aperture radar;
                        (B) laser altimetry; and
                        (C) other emerging technologies that the Secretary
                    determines are likely to provide more accurate or
                    timely snowpack measurement data.
                (2) Coordination.--In carrying out paragraph (1), the
            Secretary shall coordinate data use and collection efforts with
            other Federal agencies that use or may benefit from the use of
            emerging technologies for snowpack measurement.
                (3) Emerging technologies report.--Not later than October
            1, 2021, the Secretary shall submit to Congress a report that--
                        (A) summarizes the use of emerging technologies
                    pursuant to this Act;
                        (B) describes benefits derived from the use of
                    technologies summarized under subparagraph (A) related
                    to the environment and increased water supply
                    reliability; and
                        (C) describes how Federal agencies will coordinate
                    to implement emerging technologies.
        (e) Program Implementation.--
                (1) Activities implementing framework.--After submitting
            the report required under subsection (d)(3), the Secretary
            shall participate with program partners in implementing
            activities to improve snowpack measurement in particular
            watersheds.
                (2) Focus.--The program shall focus on activities that will
            maintain, establish, expand, or advance snowpack measurement
            consistent with the report required by subsection (d)(3), with
            an emphasis on--
                        (A) enhancing activities in river basins to achieve
                    improved snow and water supply forecasting results;
                        (B) activities in river basins where snow water
                    supply forecasting related activities described in this
                    Act are not occurring on the date of the enactment of
                    this Act; and
                        (C) demonstrating or testing new, or improving
                    existing, snow and water supply forecasting technology.
                (3) Information sharing.--The Secretary may provide
            information collected and analyzed under this Act to program
            partners through appropriate mechanisms, including interagency
            agreements with Federal agencies, States, State agencies, or a
            combination thereof, leases, contracts, cooperative agreements,
            grants, loans, and memoranda of understanding.
                (4) Program partners.--Program partners with whom the
            Secretary enters into cooperative agreements pursuant to
            paragraph (5) may include water districts, irrigation
            districts, water associations, universities, State agencies,
            other Federal agencies, private sector entities, non-
            governmental organizations, and other entities, as determined
            by the Secretary.
                (5) Cooperative agreements.--The Secretary may--
                        (A) enter into cooperative agreements with program
                    partners to allow the program to be administered
                    efficiently and cost effectively through cost-sharing
                    or by providing additional in-kind resources necessary
                    for program implementation; and
                        (B) provide nonreimbursable matching funding for
                    programmatic and operational activities under this Act
                    in consultation with program partners.
                (6) Environmental laws.--Nothing in this Act shall modify
            any obligation of the Secretary to comply with applicable
            Federal and State environmental laws in carrying out this Act.
        (f) Program Implementation Report.--Not later than 4 years after
    the date of the enactment of this Act, the Secretary shall submit a
    report to the Committee on Natural Resources and the Committee on
    Appropriations of the House of Representatives and the Committee on
    Energy and Natural Resources and the Committee on Appropriations of the
    Senate, that includes--
                (1) a list of basins and sub-basins for which snowpack
            measurement technologies are being used under the program,
            including a description of each technology used; and
                (2) a list of Federal agencies and program partners
            participating in each basin or sub-basin listed in paragraph
            (1).
        (g) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this Act $15,000,000, in the
    aggregate, for fiscal years 2022 through 2026.

    SEC. 1112. WATER TECHNOLOGY INVESTMENT.

        The Water Desalination Act of 1996 (Public Law 104-298; 42 U.S.C.
    10301 note) is amended--
                (1) in section 4(a)(1), by inserting ``, including modules
            specifically designed for brine management'' after ``and
            concepts''; and
                (2) in section 8(b)--
                        (A) by striking ``3,000,000'' and inserting
                    ``20,000,000''; and
                        (B) by striking ``2017 through 2021'' and inserting
                    ``2022 through 2026, in addition to the authorization
                    of appropriations for projects in section 4(a)(2)(F)''.

    SEC. 1113. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES.

        Section 405 of the Indian Health Care Improvement Act (25 U.S.C.
    1645) is amended--
                (1) in subsection (a)(1), by inserting ``urban Indian
            organizations,'' before ``and tribal organizations''; and
                (2) in subsection (c)--
                        (A) by inserting ``urban Indian organization,''
                    before ``or tribal organization''; and
                        (B) by inserting ``an urban Indian organization,''
                    before ``or a tribal organization''.

    SEC. 1114. AMENDMENT TO THE INDIAN HEALTH CARE IMPROVEMENT ACT.

        Section 409 of the Indian Health Care Improvement Act (25 U.S.C.
    1647b) is amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting
    ``(25 U.S.C. 5301 et seq.) or the Tribally Controlled Schools Act of
    1988 (25 U.S.C. 2501 et seq.)''.

    SEC. 1115. DEFINITIONS.

        In this title:
                (1) Indian tribe.--The term ``Indian Tribe'' has the
            meaning given the term in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304).
                (2) Reclamation state.--The term ``Reclamation State''
            means a State or territory described in the first section of
            the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C.
            391).
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior.

                  TITLE XII--HORSERACING INTEGRITY AND SAFETY

    SEC. 1201. SHORT TITLE.

        This title may be cited as the ``Horseracing Integrity and Safety
    Act of 2020''.

    SEC. 1202. DEFINITIONS.

        In this Act the following definitions apply:
                (1) Authority.--The term ``Authority'' means the
            Horseracing Integrity and Safety Authority designated by
            section 1203(a).
                (2) Breeder.--The term ``breeder'' means a person who is in
            the business of breeding covered horses.
                (3) Commission.--The term ``Commission'' means the Federal
            Trade Commission.
                (4) Covered horse.--The term ``covered horse'' means any
            Thoroughbred horse, or any other horse made subject to this Act
            by election of the applicable State racing commission or the
            breed governing organization for such horse under section
            1205(k), during the period--
                        (A) beginning on the date of the horse's first
                    timed and reported workout at a racetrack that
                    participates in covered horseraces or at a training
                    facility; and
                        (B) ending on the date on which the Authority
                    receives written notice that the horse has been
                    retired.
                (5) Covered horserace.--The term ``covered horserace''
            means any horserace involving covered horses that has a
            substantial relation to interstate commerce, including any
            Thoroughbred horserace that is the subject of interstate off-
            track or advance deposit wagers.
                (6) Covered persons.--The term ``covered persons'' means
            all trainers, owners, breeders, jockeys, racetracks,
            veterinarians, persons (legal and natural) licensed by a State
            racing commission and the agents, assigns, and employees of
            such persons and other horse support personnel who are engaged
            in the care, training, or racing of covered horses.
                (7) Equine constituencies.--The term ``equine
            constituencies'' means, collectively, owners, breeders,
            trainers, racetracks, veterinarians, State racing commissions,
            and jockeys who are engaged in the care, training, or racing of
            covered horses.
                (8) Equine industry representative.--The term ``equine
            industry representative'' means an organization regularly and
            significantly engaged in the equine industry, including
            organizations that represent the interests of, and whose
            membership consists of, owners, breeders, trainers, racetracks,
            veterinarians, State racing commissions, and jockeys.
                (9) Horseracing anti-doping and medication control
            program.--The term ``horseracing anti-doping and medication
            control program'' means the anti-doping and medication program
            established under section 1206(a).
                (10) Immediate family member.--The term ``immediate family
            member'' shall include a spouse, domestic partner, mother,
            father, aunt, uncle, sibling, or child.
                (11) Interstate off-track wager.--The term ``interstate
            off-track wager'' has the meaning given such term in section 3
            of the Interstate Horseracing Act of 1978 (15 U.S.C. 3002).
                (12) Jockey.--The term ``jockey'' means a rider or driver
            of a covered horse in covered horseraces.
                (13) Owner.--The term ``owner'' means a person who holds an
            ownership interest in one or more covered horses.
                (14) Program effective date.--The term ``program effective
            date'' means July 1, 2022.
                (15) Racetrack.--The term ``racetrack'' means an
            organization licensed by a State racing commission to conduct
            covered horseraces.
                (16) Racetrack safety program.--The term ``racetrack safety
            program'' means the program established under section 1207(a).
                (17) Stakes race.--The term ``stakes race'' means any race
            so designated by the racetrack at which such race is run,
            including, without limitation, the races comprising the
            Breeders' Cup World Championships and the races designated as
            graded stakes by the American Graded Stakes Committee of the
            Thoroughbred Owners and Breeders Association.
                (18) State racing commission.--The term ``State racing
            commission'' means an entity designated by State law or
            regulation that has jurisdiction over the conduct of
            horseracing within the applicable State.
                (19) Trainer.--The term ``trainer'' means an individual
            engaged in the training of covered horses.
                (20) Training facility.--The term ``training facility''
            means a location that is not a racetrack licensed by a State
            racing commission that operates primarily to house covered
            horses and conduct official timed workouts.
                (21) Veterinarian.--The term ``veterinarian'' means a
            licensed veterinarian who provides veterinary services to
            covered horses.
                (22) Workout.--The term ``workout'' means a timed running
            of a horse over a predetermined distance not associated with a
            race or its first qualifying race, if such race is made subject
            to this Act by election under section 1205(k) of the horse's
            breed governing organization or the applicable State racing
            commission.

    SEC. 1203. RECOGNITION OF THE HORSERACING INTEGRITY AND SAFETY
                  AUTHORITY.

        (a) In General.--The private, independent, self-regulatory,
    nonprofit corporation, to be known as the ``Horseracing Integrity and
    Safety Authority'', is recognized for purposes of developing and
    implementing a horseracing anti-doping and medication control program
    and a racetrack safety program for covered horses, covered persons, and
    covered horseraces.
        (b) Board of Directors.--
                (1) Membership.--The Authority shall be governed by a board
            of directors (in this section referred to as the ``Board'')
            comprised of nine members as follows:
                        (A) Independent members.--Five members of the Board
                    shall be independent members selected from outside the
                    equine industry.
                        (B) Industry members.--
                                (i) In general.--Four members of the Board
                            shall be industry members selected from among
                            the various equine constituencies.
                                (ii) Representation of equine
                            constituencies.--The industry members shall be
                            representative of the various equine
                            constituencies, and shall include not more than
                            one industry member from any one equine
                            constituency.
                (2) Chair.--The chair of the Board shall be an independent
            member described in paragraph (1)(A).
                (3) Bylaws.--The Board of the Authority shall be governed
            by bylaws for the operation of the Authority with respect to--
                        (A) the administrative structure and employees of
                    the Authority;
                        (B) the establishment of standing committees;
                        (C) the procedures for filling vacancies on the
                    Board and the standing committees;
                        (D) term limits for members and termination of
                    membership; and
                        (E) any other matter the Board considers necessary.
        (c) Standing Committees.--
                (1) Anti-doping and medication control standing
            committee.--
                        (A) In general.--The Authority shall establish an
                    anti-doping and medication control standing committee,
                    which shall provide advice and guidance to the Board on
                    the development and maintenance of the horseracing
                    anti-doping and medication control program.
                        (B) Membership.--The anti-doping and medication
                    control standing committee shall be comprised of seven
                    members as follows:
                                (i) Independent members.--A majority of the
                            members shall be independent members selected
                            from outside the equine industry.
                                (ii) Industry members.--A minority of the
                            members shall be industry members selected to
                            represent the various equine constituencies,
                            and shall include not more than one industry
                            member from any one equine constituency.
                                (iii) Qualification.--A majority of
                            individuals selected to serve on the anti-
                            doping and medication control standing
                            committee shall have significant, recent
                            experience in anti-doping and medication
                            control rules.
                        (C) Chair.--The chair of the anti-doping and
                    medication control standing committee shall be an
                    independent member of the Board described in subsection
                    (b)(1)(A).
                (2) Racetrack safety standing committee.--
                        (A) In general.--The Authority shall establish a
                    racetrack safety standing committee, which shall
                    provide advice and guidance to the Board on the
                    development and maintenance of the racetrack safety
                    program.
                        (B) Membership.--The racetrack safety standing
                    committee shall be comprised of seven members as
                    follows:
                                (i) Independent members.--A majority of the
                            members shall be independent members selected
                            from outside the equine industry.
                                (ii) Industry members.--A minority of the
                            members shall be industry members selected to
                            represent the various equine constituencies.
                        (C) Chair.--The chair of the racetrack safety
                    standing committee shall be an industry member of the
                    Board described in subsection (b)(1)(B).
        (d) Nominating Committee.--
                (1) Membership.--
                        (A) In general.--The nominating committee of the
                    Authority shall be comprised of seven independent
                    members selected from business, sports, and academia.
                        (B) Initial membership.--The initial nominating
                    committee members shall be set forth in the governing
                    corporate documents of the Authority.
                        (C) Vacancies.--After the initial committee members
                    are appointed in accordance with subparagraph (B),
                    vacancies shall be filled by the Board pursuant to
                    rules established by the Authority.
                (2) Chair.--The chair of the nominating committee shall be
            selected by the nominating committee from among the members of
            the nominating committee.
                (3) Selection of members of the board and standing
            committees.--
                        (A) Initial members.--The nominating committee
                    shall select the initial members of the Board and the
                    standing committees described in subsection (c).
                        (B) Subsequent members.-- The nominating committee
                    shall recommend individuals to fill any vacancy on the
                    Board or on such standing committees.
        (e) Conflicts of Interest.--To avoid conflicts of interest, the
    following individuals may not be selected as a member of the Board or
    as an independent member of a nominating or standing committee under
    this section:
                (1) An individual who has a financial interest in, or
            provides goods or services to, covered horses.
                (2) An official or officer--
                        (A) of an equine industry representative; or
                        (B) who serves in a governance or policymaking
                    capacity for an equine industry representative.
                (3) An employee of, or an individual who has a business or
            commercial relationship with, an individual described in
            paragraph (1) or (2).
                (4) An immediate family member of an individual described
            in paragraph (1) or (2).
        (f) Funding.--
                (1) Initial funding.--
                        (A) In general.--Initial funding to establish the
                    Authority and underwrite its operations before the
                    program effective date shall be provided by loans
                    obtained by the Authority.
                        (B) Borrowing.--The Authority may borrow funds
                    toward the funding of its operations.
                        (C) Annual calculation of amounts required.--
                                (i) In general.--Not later than the date
                            that is 90 days before the program effective
                            date, and not later than November 1 each year
                            thereafter, the Authority shall determine and
                            provide to each State racing commission the
                            estimated amount required from the State--
                                        (I) to fund the State's
                                    proportionate share of the horseracing
                                    anti-doping and medication control
                                    program and the racetrack safety
                                    program for the next calendar year; and
                                        (II) to liquidate the State's
                                    proportionate share of any loan or
                                    funding shortfall in the current
                                    calendar year and any previous calendar
                                    year.
                                (ii) Basis of calculation.--The amounts
                            calculated under clause (i) shall--
                                        (I) be based on--
                                                (aa) the annual budget of
                                            the Authority for the following
                                            calendar year, as approved by
                                            the Board; and
                                                (bb) the projected amount
                                            of covered racing starts for
                                            the year in each State; and
                                        (II) take into account other
                                    sources of Authority revenue.
                                (iii) Requirements regarding budgets of
                            authority.--
                                        (I) Initial budget.--The initial
                                    budget of the Authority shall require
                                    the approval of \2/3\ of the Board.
                                        (II) Subsequent budgets.--Any
                                    subsequent budget that exceeds the
                                    budget of the preceding calendar year
                                    by more than 5 percent shall require
                                    the approval of \2/3\ of the Board.
                                (iv) Rate increases.--
                                        (I) In general.--A proposed
                                    increase in the amount required under
                                    this subparagraph shall be reported to
                                    the Commission.
                                        (II) Notice and comment.--The
                                    Commission shall publish in the Federal
                                    Register such a proposed increase and
                                    provide an opportunity for public
                                    comment.
                (2) Assessment and collection of fees by states.--
                        (A) Notice of election.--Any State racing
                    commission that elects to remit fees pursuant to this
                    subsection shall notify the Authority of such election
                    not later than 60 days before the program effective
                    date.
                        (B) Requirement to remit fees.--After a State
                    racing commission makes a notification under
                    subparagraph (A), the election shall remain in effect
                    and the State racing commission shall be required to
                    remit fees pursuant to this subsection according to a
                    schedule established in rule developed by the Authority
                    and approved by the Commission.
                        (C) Withdrawal of election.--A State racing
                    commission may cease remitting fees under this
                    subsection not earlier than one year after notifying
                    the Authority of the intent of the State racing
                    commission to do so.
                        (D) Determination of methods.--Each State racing
                    commission shall determine, subject to the applicable
                    laws, regulations, and contracts of the State, the
                    method by which the requisite amount of fees, such as
                    foal registration fees, sales contributions, starter
                    fees, and track fees, and other fees on covered
                    persons, shall be allocated, assessed, and collected.
                (3) Assessment and collection of fees by the authority.--
                        (A) Calculation.--If a State racing commission does
                    not elect to remit fees pursuant to paragraph (2) or
                    withdraws its election under such paragraph, the
                    Authority shall, not less frequently than monthly,
                    calculate the applicable fee per racing start
                    multiplied by the number of racing starts in the State
                    during the preceding month.
                        (B) Allocation.--The Authority shall allocate
                    equitably the amount calculated under subparagraph (A)
                    collected among covered persons involved with covered
                    horseraces pursuant to such rules as the Authority may
                    promulgate.
                        (C) Assessment and collection.--
                                (i) In general.--The Authority shall assess
                            a fee equal to the allocation made under
                            subparagraph (B) and shall collect such fee
                            according to such rules as the Authority may
                            promulgate.
                                (ii) Remittance of fees.--Covered persons
                            described in subparagraph (B) shall be required
                            to remit such fees to the Authority.
                        (D) Limitation.--A State racing commission that
                    does not elect to remit fees pursuant to paragraph (2)
                    or that withdraws its election under such paragraph
                    shall not impose or collect from any person a fee or
                    tax relating to anti-doping and medication control or
                    racetrack safety matters for covered horseraces.
                (4) Fees and fines.--Fees and fines imposed by the
            Authority shall be allocated toward funding of the Authority
            and its activities.
                (5) Rule of construction.--Nothing in this Act shall be
            construed to require--
                        (A) the appropriation of any amount to the
                    Authority; or
                        (B) the Federal Government to guarantee the debts
                    of the Authority.
        (g) Quorum.--For all items where Board approval is required, the
    Authority shall have present a majority of independent members.

    SEC. 1204. FEDERAL TRADE COMMISSION OVERSIGHT.

        (a) In General.--The Authority shall submit to the Commission, in
    accordance with such rules as the Commission may prescribe under
    section 553 of title 5, United States Code, any proposed rule, or
    proposed modification to a rule, of the Authority relating to--
                (1) the bylaws of the Authority;
                (2) a list of permitted and prohibited medications,
            substances, and methods, including allowable limits of
            permitted medications, substances, and methods;
                (3) laboratory standards for accreditation and protocols;
                (4) standards for racing surface quality maintenance;
                (5) racetrack safety standards and protocols;
                (6) a program for injury and fatality data analysis;
                (7) a program of research and education on safety,
            performance, and anti-doping and medication control;
                (8) a description of safety, performance, and anti-doping
            and medication control rule violations applicable to covered
            horses and covered persons;
                (9) a schedule of civil sanctions for violations;
                (10) a process or procedures for disciplinary hearings; and
                (11) a formula or methodology for determining assessments
            described in section 1203(f).
        (b) Publication and Comment.--
                (1) In general.--The Commission shall--
                        (A) publish in the Federal Register each proposed
                    rule or modification submitted under subsection (a);
                    and
                        (B) provide an opportunity for public comment.
                (2) Approval required.--A proposed rule, or a proposed
            modification to a rule, of the Authority shall not take effect
            unless the proposed rule or modification has been approved by
            the Commission.
        (c) Decision on Proposed Rule or Modification to a Rule.--
                (1) In general.--Not later than 60 days after the date on
            which a proposed rule or modification is published in the
            Federal Register, the Commission shall approve or disapprove
            the proposed rule or modification.
                (2) Conditions.--The Commission shall approve a proposed
            rule or modification if the Commission finds that the proposed
            rule or modification is consistent with--
                        (A) this Act; and
                        (B) applicable rules approved by the Commission.
                (3) Revision of proposed rule or modification.--
                        (A) In general.--In the case of disapproval of a
                    proposed rule or modification under this subsection,
                    not later than 30 days after the issuance of the
                    disapproval, the Commission shall make recommendations
                    to the Authority to modify the proposed rule or
                    modification.
                        (B) Resubmission.--The Authority may resubmit for
                    approval by the Commission a proposed rule or
                    modification that incorporates the modifications
                    recommended under subparagraph (A).
        (d) Proposed Standards and Procedures.--
                (1) In general.--The Authority shall submit to the
            Commission any proposed rule, standard, or procedure developed
            by the Authority to carry out the horseracing anti-doping and
            medication control program or the racetrack safety program.
                (2) Notice and comment.--The Commission shall publish in
            the Federal Register any such proposed rule, standard, or
            procedure and provide an opportunity for public comment.
        (e) Interim Final Rules.--The Commission may adopt an interim final
    rule, to take effect immediately, under conditions specified in section
    553(b)(B) of title 5, United States Code, if the Commission finds that
    such a rule is necessary to protect--
                (1) the health and safety of covered horses; or
                (2) the integrity of covered horseraces and wagering on
            those horseraces.

    SEC. 1205. JURISDICTION OF THE COMMISSION AND THE HORSERACING INTEGRITY
                  AND SAFETY AUTHORITY.

        (a) In General.--Beginning on the program effective date, the
    Commission, the Authority, and the anti-doping and medication control
    enforcement agency, each within the scope of their powers and
    responsibilities under this Act, as limited by subsection (j), shall--
                (1) implement and enforce the horseracing anti-doping and
            medication control program and the racetrack safety program;
                (2) exercise independent and exclusive national authority
            over--
                        (A) the safety, welfare, and integrity of covered
                    horses, covered persons, and covered horseraces; and
                        (B) all horseracing safety, performance, and anti-
                    doping and medication control matters for covered
                    horses, covered persons, and covered horseraces; and
                (3) have safety, performance, and anti-doping and
            medication control authority over covered persons similar to
            such authority of the State racing commissions before the
            program effective date.
        (b) Preemption.--The rules of the Authority promulgated in
    accordance with this Act shall preempt any provision of State law or
    regulation with respect to matters within the jurisdiction of the
    Authority under this Act, as limited by subsection (j). Nothing
    contained in this Act shall be construed to limit the authority of the
    Commission under any other provision of law.
        (c) Duties.--
                (1) In general.--The Authority--
                        (A) shall develop uniform procedures and rules
                    authorizing--
                                (i) access to offices, racetrack
                            facilities, other places of business, books,
                            records, and personal property of covered
                            persons that are used in the care, treatment,
                            training, and racing of covered horses;
                                (ii) issuance and enforcement of subpoenas
                            and subpoenas duces tecum; and
                                (iii) other investigatory powers of the
                            nature and scope exercised by State racing
                            commissions before the program effective date;
                            and
                        (B) with respect to an unfair or deceptive act or
                    practice described in section 1210, may recommend that
                    the Commission commence an enforcement action.
                (2) Approval of commission.--The procedures and rules
            developed under paragraph (1)(A) shall be subject to approval
            by the Commission in accordance with section 1204.
        (d) Registration of Covered Persons With Authority.--
                (1) In general.--As a condition of participating in covered
            races and in the care, ownership, treatment, and training of
            covered horses, a covered person shall register with the
            Authority in accordance with rules promulgated by the Authority
            and approved by the Commission in accordance with section 1204.
                (2) Agreement with respect to authority rules, standards,
            and procedures.--Registration under this subsection shall
            include an agreement by the covered person to be subject to and
            comply with the rules, standards, and procedures developed and
            approved under subsection (c).
                (3) Cooperation.--A covered person registered under this
            subsection shall, at all times--
                        (A) cooperate with the Commission, the Authority,
                    the anti-doping and medication control enforcement
                    agency, and any respective designee, during any civil
                    investigation; and
                        (B) respond truthfully and completely to the best
                    of the knowledge of the covered person if questioned by
                    the Commission, the Authority, the anti-doping and
                    medication control enforcement agency, or any
                    respective designee.
                (4) Failure to comply.--Any failure of a covered person to
            comply with this subsection shall be a violation of section
            1208(a)(2)(G).
        (e) Enforcement of Programs.--
                (1) Anti-doping and medication control enforcement
            agency.--
                        (A) Agreement with usada.--The Authority shall seek
                    to enter into an agreement with the United States Anti-
                    Doping Agency under which the Agency acts as the anti-
                    doping and medication control enforcement agency under
                    this Act for services consistent with the horseracing
                    anti-doping and medication control program.
                        (B) Agreement with other entity.--If the Authority
                    and the United States Anti-Doping Agency are unable to
                    enter into the agreement described in subparagraph (A),
                    the Authority shall enter into an agreement with an
                    entity that is nationally recognized as being a
                    medication regulation agency equal in qualification to
                    the United States Anti-Doping Agency to act as the
                    anti-doping and medication control enforcement agency
                    under this Act for services consistent with the
                    horseracing anti-doping and medication control program.
                        (C) Negotiations.--Any negotiations under this
                    paragraph shall be conducted in good faith and designed
                    to achieve efficient, effective best practices for
                    anti-doping and medication control and enforcement on
                    commercially reasonable terms.
                        (D) Elements of agreement.--Any agreement under
                    this paragraph shall include a description of the scope
                    of work, performance metrics, reporting obligations,
                    and budgets of the United States Anti-Doping Agency
                    while acting as the anti-doping and medication control
                    enforcement agency under this Act, as well as a
                    provision for the revision of the agreement to increase
                    in the scope of work as provided for in subsection (k),
                    and any other matter the Authority considers
                    appropriate.
                        (E) Duties and powers of enforcement agency.--The
                    anti-doping and medication control enforcement agency
                    under an agreement under this paragraph shall--
                                (i) serve as the independent anti-doping
                            and medication control enforcement organization
                            for covered horses, covered persons, and
                            covered horseraces, implementing the anti-
                            doping and medication control program on behalf
                            of the Authority;
                                (ii) ensure that covered horses and covered
                            persons are deterred from using or
                            administering medications, substances, and
                            methods in violation of the rules established
                            in accordance with this Act;
                                (iii) implement anti-doping education,
                            research, testing, compliance and adjudication
                            programs designed to prevent covered persons
                            and covered horses from using or administering
                            medications, substances, and methods in
                            violation of the rules established in
                            accordance with this Act;
                                (iv) exercise the powers specified in
                            section 1206(c)(4) in accordance with that
                            section; and
                                (v) implement and undertake any other
                            responsibilities specified in the agreement.
                        (F) Term and extension.--
                                (i) Term of initial agreement.--The initial
                            agreement entered into by the Authority under
                            this paragraph shall be in effect for the 5-
                            year period beginning on the program effective
                            date.
                                (ii) Extension.--At the end of the 5-year
                            period described in clause (i), the Authority
                            may--
                                        (I) extend the term of the initial
                                    agreement under this paragraph for such
                                    additional term as is provided by the
                                    rules of the Authority and consistent
                                    with this Act; or
                                        (II) enter into an agreement
                                    meeting the requirements of this
                                    paragraph with an entity described by
                                    subparagraph (B) for such term as is
                                    provided by such rules and consistent
                                    with this Act.
                (2) Agreements for enforcement by state racing
            commissions.--
                        (A) State racing commissions.--
                                (i) Racetrack safety program.--The
                            Authority may enter into agreements with State
                            racing commissions for services consistent with
                            the enforcement of the racetrack safety
                            program.
                                (ii) Anti-doping and medication control
                            program.--The anti-doping and medication
                            control enforcement agency may enter into
                            agreements with State racing commissions for
                            services consistent with the enforcement of the
                            anti-doping and medication control program.
                        (B) Elements of agreements.--Any agreement under
                    this paragraph shall include a description of the scope
                    of work, performance metrics, reporting obligations,
                    budgets, and any other matter the Authority considers
                    appropriate.
                (3) Enforcement of standards.--The Authority may coordinate
            with State racing commissions and other State regulatory
            agencies to monitor and enforce racetrack compliance with the
            standards developed under paragraphs (1) and (2) of section
            1207(c).
        (f) Procedures With Respect to Rules of Authority.--
                (1) Anti-doping and medication control.--
                        (A) In general.--Recommendations for rules
                    regarding anti-doping and medication control shall be
                    developed in accordance with section 1206.
                        (B) Consultation.--The anti-doping and medication
                    control enforcement agency shall consult with the anti-
                    doping and medication control standing committee and
                    the Board of the Authority on all anti-doping and
                    medication control rules of the Authority.
                (2) Racetrack safety.--Recommendations for rules regarding
            racetrack safety shall be developed by the racetrack safety
            standing committee of the Authority.
        (g) Issuance of Guidance.--
                (1) The Authority may issue guidance that--
                        (A) sets forth--
                                (i) an interpretation of an existing rule,
                            standard, or procedure of the Authority; or
                                (ii) a policy or practice with respect to
                            the administration or enforcement of such an
                            existing rule, standard, or procedure; and
                        (B) relates solely to--
                                (i) the administration of the Authority; or
                                (ii) any other matter, as specified by the
                            Commission, by rule, consistent with the public
                            interest and the purposes of this subsection.
                (2) Submittal to commission.--The Authority shall submit to
            the Commission any guidance issued under paragraph (1).
                (3) Immediate effect.--Guidance issued under paragraph (1)
            shall take effect on the date on which the guidance is
            submitted to the Commission under paragraph (2).
        (h) Subpoena and Investigatory Authority.--The Authority shall have
    subpoena and investigatory authority with respect to civil violations
    committed under its jurisdiction.
        (i) Civil Penalties.--The Authority shall develop a list of civil
    penalties with respect to the enforcement of rules for covered persons
    and covered horseraces under its jurisdiction.
        (j) Civil Actions.--
                (1) In general.--In addition to civil sanctions imposed
            under section 1208, the Authority may commence a civil action
            against a covered person or racetrack that has engaged, is
            engaged, or is about to engage, in acts or practices
            constituting a violation of this Act or any rule established
            under this Act in the proper district court of the United
            States, the United States District Court for the District of
            Columbia, or the United States courts of any territory or other
            place subject to the jurisdiction of the United States, to
            enjoin such acts or practices, to enforce any civil sanctions
            imposed under that section, and for all other relief to which
            the Authority may be entitled.
                (2) Injunctions and restraining orders.--With respect to a
            civil action commenced under paragraph (1), upon a proper
            showing, a permanent or temporary injunction or restraining
            order shall be granted without bond.
        (k) Limitations on Authority.--
                (1) Prospective application.--The jurisdiction and
            authority of the Authority and the Commission with respect to
            the horseracing anti-doping and medication control program and
            the racetrack safety program shall be prospective only.
                (2) Previous matters.--
                        (A) In general.--The Authority and the Commission
                    may not investigate, prosecute, adjudicate, or penalize
                    conduct in violation of the horseracing anti-doping and
                    medication control program and the racetrack safety
                    program that occurs before the program effective date.
                        (B) State racing commission.--With respect to
                    conduct described in subparagraph (A), the applicable
                    State racing commission shall retain authority until
                    the final resolution of the matter.
                (3) Other laws unaffected.--This Act shall not be construed
            to modify, impair or restrict the operation of the general laws
            or regulations, as may be amended from time to time, of the
            United States, the States and their political subdivisions
            relating to criminal conduct, cruelty to animals, matters
            unrelated to antidoping, medication control and racetrack and
            racing safety of covered horses and covered races, and the use
            of medication in human participants in covered races.
        (l) Election for Other Breed Coverage Under Act.--
                (1) In general.--A State racing commission or a breed
            governing organization for a breed of horses other than
            Thoroughbred horses may elect to have such breed be covered by
            this Act by the filing of a designated election form and
            subsequent approval by the Authority. A State racing commission
            may elect to have a breed covered by this Act for the
            applicable State only.
                (2) Election conditional on funding mechanism.--A
            commission or organization may not make an election under
            paragraph (1) unless the commission or organization has in
            place a mechanism to provide sufficient funds to cover the
            costs of the administration of this Act with respect to the
            horses that will be covered by this Act as a result of the
            election.
                (3) Apportionment.--The Authority shall apportion costs
            described in paragraph (2) in connection with an election under
            paragraph (1) fairly among all impacted segments of the
            horseracing industry, subject to approval by the Commission in
            accordance with section 1204. Such apportionment may not
            provide for the allocation of costs or funds among breeds of
            horses.

    SEC. 1206. HORSERACING ANTI-DOPING AND MEDICATION CONTROL PROGRAM.

        (a) Program Required.--
                (1) In general.--Not later than the program effective date,
            and after notice and an opportunity for public comment in
            accordance with section 1204, the Authority shall establish a
            horseracing anti-doping and medication control program
            applicable to all covered horses, covered persons, and covered
            horseraces in accordance with the registration of covered
            persons under section 1205(d).
                (2) Consideration of other breeds.--In developing the
            horseracing anti-doping and medication control program with
            respect to a breed of horse that is made subject to this Act by
            election of a State racing commission or the breed governing
            organization for such horse under section 1205(k), the
            Authority shall consider the unique characteristics of such
            breed.
        (b) Considerations in Development of Program.--In developing the
    horseracing anti-doping and medication control program, the Authority
    shall take into consideration the following:
                (1) Covered horses should compete only when they are free
            from the influence of medications, other foreign substances,
            and methods that affect their performance.
                (2) Covered horses that are injured or unsound should not
            train or participate in covered races, and the use of
            medications, other foreign substances, and treatment methods
            that mask or deaden pain in order to allow injured or unsound
            horses to train or race should be prohibited.
                (3) Rules, standards, procedures, and protocols regulating
            medication and treatment methods for covered horses and covered
            races should be uniform and uniformly administered nationally.
                (4) To the extent consistent with this Act, consideration
            should be given to international anti-doping and medication
            control standards of the International Federation of
            Horseracing Authorities and the Principles of Veterinary
            Medical Ethics of the American Veterinary Medical Association.
                (5) The administration of medications and treatment methods
            to covered horses should be based upon an examination and
            diagnosis that identifies an issue requiring treatment for
            which the medication or method represents an appropriate
            component of treatment.
                (6) The amount of therapeutic medication that a covered
            horse receives should be the minimum necessary to address the
            diagnosed health concerns identified during the examination and
            diagnostic process.
                (7) The welfare of covered horses, the integrity of the
            sport, and the confidence of the betting public require full
            disclosure to regulatory authorities regarding the
            administration of medications and treatments to covered horses.
        (c) Activities.--The following activities shall be carried out
    under the horseracing anti-doping and medication control program:
                (1) Standards for anti-doping and medication control.--Not
            later than 120 days before the program effective date, the
            Authority shall issue, by rule--
                        (A) uniform standards for--
                                (i) the administration of medication to
                            covered horses by covered persons; and
                                (ii) laboratory testing accreditation and
                            protocols; and
                        (B) a list of permitted and prohibited medications,
                    substances, and methods, including allowable limits of
                    permitted medications, substances, and methods.
                (2) Review process for administration of medication.--The
            development of a review process for the administration of any
            medication to a covered horse during the 48-hour period
            preceding the next racing start of the covered horse.
                (3) Agreement requirements.--The development of
            requirements with respect to agreements under section 1205(e).
                (4) Anti-doping and medication control enforcement
            agency.--
                        (A) Control rules, protocols, etc.--Except as
                    provided in paragraph (5), the anti-doping and
                    medication control program enforcement agency under
                    section 1205(e) shall, in consultation with the anti-
                    doping and medication control standing committee of the
                    Authority and consistent with international best
                    practices, develop and recommend anti-doping and
                    medication control rules, protocols, policies, and
                    guidelines for approval by the Authority.
                        (B) Results management.--The anti-doping and
                    medication control enforcement agency shall conduct and
                    oversee anti-doping and medication control results
                    management, including independent investigations,
                    charging and adjudication of potential medication
                    control rule violations, and the enforcement of any
                    civil sanctions for such violations. Any final decision
                    or civil sanction of the anti-doping and medication
                    control enforcement agency under this subparagraph
                    shall be the final decision or civil sanction of the
                    Authority, subject to review in accordance with section
                    1209.
                        (C) Testing.--The anti-doping enforcement agency
                    shall perform and manage test distribution planning
                    (including intelligence-based testing), the sample
                    collection process, and in-competition and out-of-
                    competition testing (including no-advance-notice
                    testing).
                        (D) Testing laboratories.--The anti-doping and
                    medication control enforcement agency shall accredit
                    testing laboratories based upon the standards
                    established under this Act, and shall monitor, test,
                    and audit accredited laboratories to ensure continuing
                    compliance with accreditation standards.
                (5) Anti-doping and medication control standing
            committee.--The anti-doping and medication control standing
            committee shall, in consultation with the anti-doping and
            medication control enforcement agency, develop lists of
            permitted and prohibited medications, methods, and substances
            for recommendation to, and approval by, the Authority. Any such
            list may prohibit the administration of any substance or method
            to a horse at any time after such horse becomes a covered horse
            if the Authority determines such substance or method has a
            long-term degrading effect on the soundness of a horse.
        (d) Prohibition.--Except as provided in subsections (e) and (f),
    the horseracing anti-doping and medication control program shall
    prohibit the administration of any prohibited or otherwise permitted
    substance to a covered horse within 48 hours of its next racing start,
    effective as of the program effective date.
        (e) Advisory Committee Study and Report.--
                (1) In general.--Not later than the program effective date,
            the Authority shall convene an advisory committee comprised of
            horseracing anti-doping and medication control industry
            experts, including a member designated by the anti-doping and
            medication control enforcement agency, to conduct a study on
            the use of furosemide on horses during the 48-hour period
            before the start of a race, including the effect of furosemide
            on equine health and the integrity of competition and any other
            matter the Authority considers appropriate.
                (2) Report.--Not later than three years after the program
            effective date, the Authority shall direct the advisory
            committee convened under paragraph (1) to submit to the
            Authority a written report on the study conducted under that
            paragraph that includes recommended changes, if any, to the
            prohibition in subsection (d).
                (3) Modification of prohibition.--
                        (A) In general.--After receipt of the report
                    required by paragraph (2), the Authority may, by
                    unanimous vote of the Board of the Authority, modify
                    the prohibition in subsection (d) and, notwithstanding
                    subsection (f), any such modification shall apply to
                    all States beginning on the date that is three years
                    after the program effective date.
                        (B) Condition.--In order for a unanimous vote
                    described in subparagraph (A) to effect a modification
                    of the prohibition in subsection (d), the vote must
                    include unanimous adoption of each of the following
                    findings:
                                (i) That the modification is warranted.
                                (ii) That the modification is in the best
                            interests of horse racing.
                                (iii) That furosemide has no performance
                            enhancing effect on individual horses.
                                (iv) That public confidence in the
                            integrity and safety of racing would not be
                            adversely affected by the modification.
        (f) Exemption.--
                (1) In general.--Except as provided in paragraph (2), only
            during the three-year period beginning on the program effective
            date, a State racing commission may submit to the Authority, at
            such time and in such manner as the Authority may require, a
            request for an exemption from the prohibition in subsection (d)
            with respect to the use of furosemide on covered horses during
            such period.
                (2) Exceptions.--An exemption under paragraph (1) may not
            be requested for--
                        (A) two-year-old covered horses; or
                        (B) covered horses competing in stakes races.
                (3) Contents of request.--A request under paragraph (1)
            shall specify the applicable State racing commission's
            requested limitations on the use of furosemide that would apply
            to the State under the horseracing anti-doping and medication
            control program during such period. Such limitations shall be
            no less restrictive on the use and administration of furosemide
            than the restrictions set forth in State's laws and regulations
            in effect as of September 1, 2020.
                (4) Grant of exemption.--Subject to subsection (e)(3), the
            Authority shall grant an exemption requested under paragraph
            (1) for the remainder of such period and shall allow the use of
            furosemide on covered horses in the applicable State, in
            accordance with the requested limitations.
        (g) Baseline Anti-doping and Medication Control Rules.--
                (1) In general.--Subject to paragraph (3), the baseline
            anti-doping and medication control rules described in paragraph
            (2) shall--
                        (A) constitute the initial rules of the horseracing
                    anti-doping and medication control program; and
                        (B) except as exempted pursuant to subsections (e)
                    and (f), remain in effect at all times after the
                    program effective date.
                (2) Baseline anti-doping medication control rules
            described.--
                        (A) In general.--The baseline anti-doping and
                    medication control rules described in this paragraph
                    are the following:
                                (i) The lists of permitted and prohibited
                            substances (including drugs, medications, and
                            naturally occurring substances and
                            synthetically occurring substances) in effect
                            for the International Federation of Horseracing
                            Authorities, including the International
                            Federation of Horseracing Authorities
                            International Screening Limits for urine, dated
                            May 2019, and the International Federation of
                            Horseracing Authorities International Screening
                            Limits for plasma, dated May 2019.
                                (ii) The World Anti-Doping Agency
                            International Standard for Laboratories
                            (version 10.0), dated November 12, 2019.
                                (iii) The Association of Racing
                            Commissioners International out-of-competition
                            testing standards, Model Rules of Racing
                            (version 9.2).
                                (iv) The Association of Racing
                            Commissioners International penalty and
                            multiple medication violation rules, Model
                            Rules of Racing (version 6.2).
                        (B) Conflict of rules.--In the case of a conflict
                    among the rules described in subparagraph (A), the most
                    stringent rule shall apply.
                (3) Modifications to baseline rules.--
                        (A) Development by anti-doping and medication
                    control standing committee.--The anti-doping and
                    medication control standing committee, in consultation
                    with the anti-doping and medication control enforcement
                    agency, may develop and submit to the Authority for
                    approval by the Authority proposed modifications to the
                    baseline anti-doping and medication control rules.
                        (B) Authority approval.--If the Authority approves
                    a proposed modification under this paragraph, the
                    proposed modification shall be submitted to and
                    considered by the Commission in accordance with section
                    1204.
                        (C) Anti-doping and medication control enforcement
                    agency veto authority.--The Authority shall not approve
                    any proposed modification that renders an anti-doping
                    and medication control rule less stringent than the
                    baseline anti-doping and medication control rules
                    described in paragraph (2) (including by increasing
                    permitted medication thresholds, adding permitted
                    medications, removing prohibited medications, or
                    weakening enforcement mechanisms) without the approval
                    of the anti-doping and medication control enforcement
                    agency.

    SEC. 1207. RACETRACK SAFETY PROGRAM.

        (a) Establishment and Considerations.--
                (1) In general.--Not later than the program effective date,
            and after notice and an opportunity for public comment in
            accordance with section 1204, the Authority shall establish a
            racetrack safety program applicable to all covered horses,
            covered persons, and covered horseraces in accordance with the
            registration of covered persons under section 1205(d).
                (2) Considerations in development of safety program.--In
            the development of the horseracing safety program for covered
            horses, covered persons, and covered horseraces, the Authority
            and the Commission shall take into consideration existing
            safety standards including the National Thoroughbred Racing
            Association Safety and Integrity Alliance Code of Standards,
            the International Federation of Horseracing Authority's
            International Agreement on Breeding, Racing, and Wagering, and
            the British Horseracing Authority's Equine Health and Welfare
            program.
        (b) Elements of Horseracing Safety Program.--The horseracing safety
    program shall include the following:
                (1) A set of training and racing safety standards and
            protocols taking into account regional differences and the
            character of differing racing facilities.
                (2) A uniform set of training and racing safety standards
            and protocols consistent with the humane treatment of covered
            horses, which may include lists of permitted and prohibited
            practices or methods (such as crop use).
                (3) A racing surface quality maintenance system that--
                        (A) takes into account regional differences and the
                    character of differing racing facilities; and
                        (B) may include requirements for track surface
                    design and consistency and established standard
                    operating procedures related to track surface,
                    monitoring, and maintenance (such as standardized
                    seasonal assessment, daily tracking, and measurement).
                (4) A uniform set of track safety standards and protocols,
            that may include rules governing oversight and movement of
            covered horses and human and equine injury reporting and
            prevention.
                (5) Programs for injury and fatality data analysis, that
            may include pre- and post-training and race inspections, use of
            a veterinarian's list, and concussion protocols.
                (6) The undertaking of investigations at racetrack and non-
            racetrack facilities related to safety violations.
                (7) Procedures for investigating, charging, and
            adjudicating violations and for the enforcement of civil
            sanctions for violations.
                (8) A schedule of civil sanctions for violations.
                (9) Disciplinary hearings, which may include binding
            arbitration, civil sanctions, and research.
                (10) Management of violation results.
                (11) Programs relating to safety and performance research
            and education.
                (12) An evaluation and accreditation program that ensures
            that racetracks in the United States meet the standards
            described in the elements of the Horseracing Safety Program.
        (c) Activities.--The following activities shall be carried out
    under the racetrack safety program:
                (1) Standards for racetrack safety.--The development, by
            the racetrack safety standing committee of the Authority in
            section 1203(c)(2) of uniform standards for racetrack and
            horseracing safety.
                (2) Standards for safety and performance accreditation.--
                        (A) In general.--Not later than 120 days before the
                    program effective date, the Authority, in consultation
                    with the racetrack safety standing committee, shall
                    issue, by rule in accordance with section 1204--
                                (i) safety and performance standards of
                            accreditation for racetracks; and
                                (ii) the process by which a racetrack may
                            achieve and maintain accreditation by the
                            Authority.
                        (B) Modifications.--
                                (i) In general.--The Authority may modify
                            rules establishing the standards issued under
                            subparagraph (A), as the Authority considers
                            appropriate.
                                (ii) Notice and comment.--The Commission
                            shall publish in the Federal Register any
                            proposed rule of the Authority, and provide an
                            opportunity for public comment with respect to,
                            any modification under clause (i) in accordance
                            with section 1204.
                        (C) Extension of provisional or interim
                    accreditation.--The Authority may, by rule in
                    accordance with section 1204, extend provisional or
                    interim accreditation to a racetrack accredited by the
                    National Thoroughbred Racing Association Safety and
                    Integrity Alliance on a date before the program
                    effective date.
                (3) Nationwide safety and performance database.--
                        (A) In general.--Not later than one year after the
                    program effective date, and after notice and an
                    opportunity for public comment in accordance with
                    section 1204, the Authority, in consultation with the
                    Commission, shall develop and maintain a nationwide
                    database of racehorse safety, performance, health, and
                    injury information for the purpose of conducting an
                    epidemiological study.
                        (B) Collection of information.--In accordance with
                    the registration of covered persons under section
                    1205(d), the Authority may require covered persons to
                    collect and submit to the database described in
                    subparagraph (A) such information as the Authority may
                    require to further the goal of increased racehorse
                    welfare.

    SEC. 1208. RULE VIOLATIONS AND CIVIL SANCTIONS.

        (a) Description of Rule Violations.--
                (1) In general.--The Authority shall issue, by rule in
            accordance with section 1204, a description of safety,
            performance, and anti-doping and medication control rule
            violations applicable to covered horses and covered persons.
                (2) Elements.--The description of rule violations
            established under paragraph (1) may include the following:
                        (A) With respect to a covered horse, strict
                    liability for covered trainers for--
                                (i) the presence of a prohibited substance
                            or method in a sample or the use of a
                            prohibited substance or method;
                                (ii) the presence of a permitted substance
                            in a sample in excess of the amount allowed by
                            the horseracing anti-doping and medication
                            control program; and
                                (iii) the use of a permitted method in
                            violation of the applicable limitations
                            established under the horseracing anti-doping
                            and medication control program.
                        (B) Attempted use of a prohibited substance or
                    method on a covered horse.
                        (C) Possession of any prohibited substance or
                    method.
                        (D) Attempted possession of any prohibited
                    substance or method.
                        (E) Administration or attempted administration of
                    any prohibited substance or method on a covered horse.
                        (F) Refusal or failure, without compelling
                    justification, to submit a covered horse for sample
                    collection.
                        (G) Failure to cooperate with the Authority or an
                    agent of the Authority during any investigation.
                        (H) Failure to respond truthfully, to the best of a
                    covered person's knowledge, to a question of the
                    Authority or an agent of the Authority with respect to
                    any matter under the jurisdiction of the Authority.
                        (I) Tampering or attempted tampering with the
                    application of the safety, performance, or anti-doping
                    and medication control rules or process adopted by the
                    Authority, including--
                                (i) the intentional interference, or an
                            attempt to interfere, with an official or agent
                            of the Authority;
                                (ii) the procurement or the provision of
                            fraudulent information to the Authority or
                            agent; and
                                (iii) the intimidation of, or an attempt to
                            intimidate, a potential witness.
                        (J) Trafficking or attempted trafficking in any
                    prohibited substance or method.
                        (K) Assisting, encouraging, aiding, abetting,
                    conspiring, covering up, or any other type of
                    intentional complicity involving a safety, performance,
                    or anti-doping and medication control rule violation or
                    the violation of a period of suspension or eligibility.
                        (L) Threatening or seeking to intimidate a person
                    with the intent of discouraging the person from the
                    good faith reporting to the Authority, an agent of the
                    Authority or the Commission, or the anti-doping and
                    medication control enforcement agency under section
                    1205(e), of information that relates to--
                                (i) an alleged safety, performance, or
                            anti-doping and medication control rule
                            violation; or
                                (ii) alleged noncompliance with a safety,
                            performance, or anti-doping and medication
                            control rule.
        (b) Testing Laboratories.--
                (1) Accreditation and standards.--Not later than 120 days
            before the program effective date, the Authority shall, in
            consultation with the anti-doping and medication control
            enforcement agency, establish, by rule in accordance with
            section 1204--
                        (A) standards of accreditation for laboratories
                    involved in testing samples from covered horses;
                        (B) the process for achieving and maintaining
                    accreditation; and
                        (C) the standards and protocols for testing such
                    samples.
                (2) Administration.--The accreditation of laboratories and
            the conduct of audits of accredited laboratories to ensure
            compliance with Authority rules shall be administered by the
            anti-doping and medication control enforcement agency. The
            anti-doping and medication control enforcement agency shall
            have the authority to require specific test samples to be
            directed to and tested by laboratories having special expertise
            in the required tests.
                (3) Extension of provisional or interim accreditation.--The
            Authority may, by rule in accordance with section 1204, extend
            provisional or interim accreditation to a laboratory accredited
            by the Racing Medication and Testing Consortium, Inc., on a
            date before the program effective date.
                (4) Selection of laboratories.--
                        (A) In general.--Except as provided in paragraph
                    (2), a State racing commission may select a laboratory
                    accredited in accordance with the standards established
                    under paragraph (1) to test samples taken in the
                    applicable State.
                        (B) Selection by the authority.--If a State racing
                    commission does not select an accredited laboratory
                    under subparagraph (A), the Authority shall select such
                    a laboratory to test samples taken in the State
                    concerned.
        (c) Results Management and Disciplinary Process.--
                (1) In general.--Not later than 120 days before the program
            effective date, the Authority shall establish in accordance
            with section 1204--
                        (A) rules for safety, performance, and anti-doping
                    and medication control results management; and
                        (B) the disciplinary process for safety,
                    performance, and anti-doping and medication control
                    rule violations.
                (2) Elements.--The rules and process established under
            paragraph (1) shall include the following:
                        (A) Provisions for notification of safety,
                    performance, and anti-doping and medication control
                    rule violations.
                        (B) Hearing procedures.
                        (C) Standards for burden of proof.
                        (D) Presumptions.
                        (E) Evidentiary rules.
                        (F) Appeals.
                        (G) Guidelines for confidentiality and public
                    reporting of decisions.
                (3) Due process.--The rules established under paragraph (1)
            shall provide for adequate due process, including impartial
            hearing officers or tribunals commensurate with the seriousness
            of the alleged safety, performance, or anti-doping and
            medication control rule violation and the possible civil
            sanctions for such violation.
        (d) Civil Sanctions.--
                (1) In general.--The Authority shall establish uniform
            rules, in accordance with section 1204, imposing civil
            sanctions against covered persons or covered horses for safety,
            performance, and anti-doping and medication control rule
            violations.
                (2) Requirements.--The rules established under paragraph
            (1) shall--
                        (A) take into account the unique aspects of
                    horseracing;
                        (B) be designed to ensure fair and transparent
                    horseraces; and
                        (C) deter safety, performance, and anti-doping and
                    medication control rule violations.
                (3) Severity.--The civil sanctions under paragraph (1) may
            include--
                        (A) lifetime bans from horseracing, disgorgement of
                    purses, monetary fines and penalties, and changes to
                    the order of finish in covered races; and
                        (B) with respect to anti-doping and medication
                    control rule violators, an opportunity to reduce the
                    applicable civil sanctions that is comparable to the
                    opportunity provided by the Protocol for Olympic
                    Movement Testing of the United States Anti-Doping
                    Agency.
        (e) Modifications.--The Authority may propose a modification to any
    rule established under this section as the Authority considers
    appropriate, and the proposed modification shall be submitted to and
    considered by the Commission in accordance with section 1204.

    SEC. 1209. REVIEW OF FINAL DECISIONS OF THE AUTHORITY.

        (a) Notice of Civil Sanctions.-- If the Authority imposes a final
    civil sanction for a violation committed by a covered person pursuant
    to the rules or standards of the Authority, the Authority shall
    promptly submit to the Commission notice of the civil sanction in such
    form as the Commission may require.
        (b) Review by Administrative Law Judge.--
                (1) In general.--With respect to a final civil sanction
            imposed by the Authority, on application by the Commission or a
            person aggrieved by the civil sanction filed not later than 30
            days after the date on which notice under subsection (a) is
            submitted, the civil sanction shall be subject to de novo
            review by an administrative law judge.
                (2) Nature of review.--
                        (A) In general.--In matters reviewed under this
                    subsection, the administrative law judge shall
                    determine whether--
                                (i) a person has engaged in such acts or
                            practices, or has omitted such acts or
                            practices, as the Authority has found the
                            person to have engaged in or omitted;
                                (ii) such acts, practices, or omissions are
                            in violation of this Act or the anti-doping and
                            medication control or racetrack safety rules
                            approved by the Commission; or
                                (iii) the final civil sanction of the
                            Authority was arbitrary, capricious, an abuse
                            of discretion, or otherwise not in accordance
                            with law.
                        (B) Conduct of hearing.--An administrative law
                    judge shall conduct a hearing under this subsection in
                    such a manner as the Commission may specify by rule,
                    which shall conform to section 556 of title 5, United
                    States Code.
                (3) Decision by administrative law judge.--
                        (A) In general.--With respect to a matter reviewed
                    under this subsection, an administrative law judge--
                                (i) shall render a decision not later than
                            60 days after the conclusion of the hearing;
                                (ii) may affirm, reverse, modify, set
                            aside, or remand for further proceedings, in
                            whole or in part, the final civil sanction of
                            the Authority; and
                                (iii) may make any finding or conclusion
                            that, in the judgment of the administrative law
                            judge, is proper and based on the record.
                        (B) Final decision.--A decision under this
                    paragraph shall constitute the decision of the
                    Commission without further proceedings unless a notice
                    or an application for review is timely filed under
                    subsection (c).
        (c) Review by Commission.--
                (1) Notice of review by commission.--The Commission may, on
            its own motion, review any decision of an administrative law
            judge issued under subsection (b)(3) by providing written
            notice to the Authority and any interested party not later than
            30 days after the date on which the administrative law judge
            issues the decision.
                (2) Application for review.--
                        (A) In general.--The Authority or a person
                    aggrieved by a decision issued under subsection (b)(3)
                    may petition the Commission for review of such decision
                    by filing an application for review not later than 30
                    days after the date on which the administrative law
                    judge issues the decision.
                        (B) Effect of denial of application for review.--If
                    an application for review under subparagraph (A) is
                    denied, the decision of the administrative law judge
                    shall constitute the decision of the Commission without
                    further proceedings.
                        (C) Discretion of commission.--
                                (i) In general.--A decision with respect to
                            whether to grant an application for review
                            under subparagraph (A) is subject to the
                            discretion of the Commission.
                                (ii) Matters to be considered.--In
                            determining whether to grant such an
                            application for review, the Commission shall
                            consider whether the application makes a
                            reasonable showing that--
                                        (I) a prejudicial error was
                                    committed in the conduct of the
                                    proceeding; or
                                        (II) the decision involved--
                                                (aa) an erroneous
                                            application of the anti-doping
                                            and medication control or
                                            racetrack safety rules approved
                                            by the Commission; or
                                                (bb) an exercise of
                                            discretion or a decision of law
                                            or policy that warrants review
                                            by the Commission.
                (3) Nature of review.--
                        (A) In general.--In matters reviewed under this
                    subsection, the Commission may--
                                (i) affirm, reverse, modify, set aside, or
                            remand for further proceedings, in whole or in
                            part, the decision of the administrative law
                            judge; and
                                (ii) make any finding or conclusion that,
                            in the judgement of the Commission, is proper
                            and based on the record.
                        (B) De novo review.--The Commission shall review de
                    novo the factual findings and conclusions of law made
                    by the administrative law judge.
                        (C) Consideration of additional evidence.--
                                (i) Motion by commission.--The Commission
                            may, on its own motion, allow the consideration
                            of additional evidence.
                                (ii) Motion by a party.--
                                        (I) In general.--A party may file a
                                    motion to consider additional evidence
                                    at any time before the issuance of a
                                    decision by the Commission, which shall
                                    show, with particularity, that--
                                                (aa) such additional
                                            evidence is material; and
                                                (bb) there were reasonable
                                            grounds for failure to submit
                                            the evidence previously.
                                        (II) Procedure.--The Commission
                                    may--
                                                (aa) accept or hear
                                            additional evidence; or
                                                (bb) remand the proceeding
                                            to the administrative law judge
                                            for the consideration of
                                            additional evidence.
        (d) Stay of Proceedings.--Review by an administrative law judge or
    the Commission under this section shall not operate as a stay of a
    final civil sanction of the Authority unless the administrative law
    judge or Commission orders such a stay.

    SEC. 1210. UNFAIR OR DECEPTIVE ACTS OR PRACTICES.

        The sale of a covered horse, or of any other horse in anticipation
    of its future participation in a covered race, shall be considered an
    unfair or deceptive act or practice in or affecting commerce under
    section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) if
    the seller--
                (1) knows or has reason to know the horse has been
            administered--
                        (A) a bisphosphonate prior to the horse's fourth
                    birthday; or
                        (B) any other substance or method the Authority
                    determines has a long-term degrading effect on the
                    soundness of the covered horse; and
                (2) fails to disclose to the buyer the administration of
            the bisphosphonate or other substance or method described in
            paragraph (1)(B).

    SEC. 1211. STATE DELEGATION; COOPERATION.

        (a) State Delegation.--
                (1) In general.--The Authority may enter into an agreement
            with a State racing commission to implement, within the
            jurisdiction of the State racing commission, a component of the
            racetrack safety program or, with the concurrence of the anti-
            doping and medication control enforcement agency under section
            1205(e), a component of the horseracing anti-doping and
            medication control program, if the Authority determines that
            the State racing commission has the ability to implement such
            component in accordance with the rules, standards, and
            requirements established by the Authority.
                (2) Implementation by state racing commission.--A State
            racing commission or other appropriate regulatory body of a
            State may not implement such a component in a manner less
            restrictive than the rule, standard, or requirement established
            by the Authority.
        (b) Cooperation.--To avoid duplication of functions, facilities,
    and personnel, and to attain closer coordination and greater
    effectiveness and economy in administration of Federal and State law,
    where conduct by any person subject to the horseracing medication
    control program or the racetrack safety program may involve both a
    medication control or racetrack safety rule violation and violation of
    Federal or State law, the Authority and Federal or State law
    enforcement authorities shall cooperate and share information.

    SEC. 1212. DETERMINATION OF BUDGETARY EFFECTS.

        The budgetary effects of this Act, for the purpose of complying
    with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
    reference to the latest statement titled ``Budgetary Effects of PAYGO
    Legislation'' for this Act, submitted for printing in the Congressional
    Record by the Chairman of the House Budget Committee, provided that
    such statement has been submitted prior to the vote on passage.

                 TITLE XIII--COMMUNITY DEVELOPMENT BLOCK GRANTS

    SEC. 1301. COMMUNITY DEVELOPMENT BLOCK GRANTS.

        (a) In General.--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 2023 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 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                  TITLE XIV--COVID-19 CONSUMER PROTECTION ACT

    SEC. 1401. PROHIBITING DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH
                  THE NOVEL CORONAVIRUS.

        (a) Short Title.--This section may be cited as the ``COVID-19
    Consumer Protection Act''.
        (b) In General.--For the duration of a public health emergency
    declared pursuant to section 319 of the Public Health Service Act (42
    U.S.C. 247d) as a result of confirmed cases of the 2019 novel
    coronavirus (COVID-19), including any renewal thereof, it shall be
    unlawful for any person, partnership, or corporation to engage in a
    deceptive act or practice in or affecting commerce in violation of
    section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) that
    is associated with--
                (1) the treatment, cure, prevention, mitigation, or
            diagnosis of COVID-19; or
                (2) a government benefit related to COVID-19.
        (c) Enforcement by the Federal Trade Commission.--
                (1) Violation.--A violation of subsection (b) shall be
            treated as a violation of a rule defining an unfair or
            deceptive act or practice prescribed under section 18(a)(1)(B)
            of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
                (2) Powers of the federal trade commission.--
                        (A) In general.--The Federal Trade Commission shall
                    enforce subsection (b) in the same manner, by the same
                    means, and with the same jurisdiction, powers, and
                    duties as though all applicable terms and provisions of
                    the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
                    were incorporated into and made a part of this Act.
                        (B) Privileges and immunities.--Any person who
                    violates this Act shall be subject to the penalties and
                    entitled to the privileges and immunities provided in
                    the Federal Trade Commission Act.
                (3) Effect on other laws.--Nothing in this Act shall be
            construed to limit the authority of the Federal Trade
            Commission under any other provision of law.
        (d) Severability.--If any provision of this Act, or the application
    thereof to any person or circumstance, is held invalid, the remainder
    of this Act and the application of such provision to other persons not
    similarly situated or to other circumstances shall not be affected by
    the invalidation.

                         TITLE XV--AMERICAN COMPETE ACT

    SEC. 1501. AMERICAN COMPETITIVENESS OF A MORE PRODUCTIVE EMERGING TECH
                  ECONOMY.

        (a) Short Title.--This title may be cited as the ``American
    Competitiveness Of a More Productive Emerging Tech Economy Act'' or the
    ``American COMPETE Act''.
        (b) Study to Advance Artificial Intelligence.--
                (1) In general.--
                        (A) Study required.--Not later than 1 year after
                    the date of enactment of this Act, the Secretary of
                    Commerce and the Federal Trade Commission shall
                    complete a study on the state of the artificial
                    intelligence industry and the impact of such industry
                    on the United States economy.
                        (B) Requirements for study.--In conducting the
                    study, the Secretary and the Commission shall--
                                (i) develop and conduct a survey of the
                            artificial intelligence industry through
                            outreach to participating entities as
                            appropriate to--
                                        (I) establish a list of industry
                                    sectors that implement and promote the
                                    use of artificial intelligence;
                                        (II) establish a list of public-
                                    private partnerships focused on
                                    promoting the adoption and use of
                                    artificial intelligence, as well as
                                    industry-based bodies, including
                                    international bodies, which have
                                    developed, or are developing, mandatory
                                    or voluntary standards for artificial
                                    intelligence;
                                        (III) the status of such industry-
                                    based mandatory or voluntary standards;
                                    and
                                        (IV) provide a description of the
                                    ways entities or industry sectors
                                    implement and promote the use of
                                    artificial intelligence;
                                (ii) develop a comprehensive list of
                            Federal agencies with jurisdiction over the
                            entities and industry sectors identified under
                            clause (i);
                                (iii) identify which Federal agency or
                            agencies listed under clause (ii) each entity
                            or industry sector interacts with;
                                (iv) identify all interagency activities
                            that are taking place among the Federal
                            agencies listed under clause (ii), such as
                            working groups or other coordinated efforts;
                                (v) develop a brief description of the
                            jurisdiction and expertise of the Federal
                            agencies listed under clause (ii) with regard
                            to such entities and industry sectors;
                                (vi) identify all regulations, guidelines,
                            mandatory standards, voluntary standards, and
                            other policies implemented by each of the
                            Federal agencies identified under clause (ii),
                            as well as all guidelines, mandatory standards,
                            voluntary standards, and other policies
                            implemented by industry-based bodies;
                                (vii) identify Federal Government resources
                            that exist for consumers and small businesses
                            to evaluate the use of artificial intelligence;
                            and
                                (viii) consult with the Office of Science
                            and Technology Policy and interagency efforts
                            on artificial intelligence to minimize
                            duplication of activities among the Federal
                            agencies identified under clause (ii).
                (2) Marketplace and supply chain survey.--The Secretary and
            Commission shall conduct a survey of the marketplace and supply
            chain of artificial intelligence to--
                        (A) identify and assess risks posed to such
                    marketplace and supply chain;
                        (B) review the ability of foreign governments or
                    third parties to exploit the supply chain in a manner
                    that raises risks to the economic and national security
                    of the United States; and
                        (C) identify emerging risks and long-term trends in
                    such marketplace and supply chain.
                (3) Report to congress.--Not later than 6 months after the
            completion of the study required under paragraph (1), the
            Secretary and the Commission shall submit to the Committee on
            Energy and Commerce and the Committee on Science, Space, and
            Technology of the House of Representatives, and the Committee
            on Commerce, Science, and Transportation of the Senate, and
            make publicly available on their respective websites, a report
            that contains--
                        (A) the results of the study conducted pursuant to
                    paragraph (1) and the survey conducted pursuant to
                    paragraph (2); and
                        (B) recommendations to--
                                (i) grow the United States economy through
                            the secure advancement of artificial
                            intelligence;
                                (ii) develop a national strategy to advance
                            the United States business sectors' position in
                            the world on the adoption of artificial
                            intelligence;
                                (iii) develop strategies to mitigate
                            current and emerging risks to the marketplace
                            and supply chain of artificial intelligence;
                            and
                                (iv) develop legislation that--
                                        (I) advances the expeditious
                                    adoption of artificial intelligence
                                    applications in interstate commerce
                                    that takes into account findings from
                                    available Federal advisory committees
                                    that produce recommendations on
                                    artificial intelligence to the extent
                                    possible; and
                                        (II) addresses societal priorities
                                    related to the expeditious adoption of
                                    artificial intelligence applications in
                                    interstate commerce, including but not
                                    limited to maintaining ethics, reducing
                                    bias, and protecting privacy and
                                    security.
        (c) Study to Advance Internet of Things in Manufacturing.--
                (1) In general.--
                        (A) Study required.--Not later than 1 year after
                    the date of enactment of this Act, the Secretary of
                    Commerce, in coordination with the head of any other
                    appropriate Federal agency, shall complete a study on
                    the use of internet-connected devices and internet-
                    connected solutions in manufacturing in the United
                    States.
                        (B) Requirements for study.--In conducting the
                    study, the Secretary shall--
                                (i) develop and conduct a survey of the
                            manufacturing industry through outreach to
                            participating entities as appropriate to--
                                        (I) establish a list of the
                                    industry sectors that implement and
                                    promote the use of internet-connected
                                    devices and internet-connected
                                    solutions in manufacturing;
                                        (II) establish a list of public-
                                    private partnerships focused on
                                    promoting the adoption and use of
                                    internet-connected devices and
                                    internet-connected solutions in
                                    manufacturing, as well as industry-
                                    based bodies, including international
                                    bodies, that have developed, or are
                                    developing, mandatory or voluntary
                                    standards for such uses;
                                        (III) the status of such industry-
                                    based mandatory or voluntary standards;
                                        (IV) provide a description of the
                                    ways entities or industry sectors
                                    implement and promote the use of
                                    internet-connected devices and
                                    internet-connected solutions in
                                    manufacturing;
                                (ii) develop a comprehensive list of
                            Federal agencies with jurisdiction over the
                            entities and industry sectors identified under
                            clause (i);
                                (iii) identify which Federal agency or
                            agencies listed under clause (ii) each entity
                            or industry sector interacts with;
                                (iv) identify all interagency activities
                            that are taking place among the Federal
                            agencies listed under clause (ii), such as
                            working groups or other coordinated efforts;
                                (v) develop a brief description of the
                            jurisdiction and expertise of the Federal
                            agencies listed under clause (ii) with regard
                            to such entities and industry sectors;
                                (vi) identify all regulations, guidelines,
                            mandatory standards, voluntary standards, and
                            other policies implemented by each of the
                            Federal agencies identified under clause (ii),
                            as well as all guidelines, mandatory standards,
                            voluntary standards, and other policies
                            implemented by industry-based bodies; and
                                (vii) identify Federal Government resources
                            that exist for consumers and small businesses
                            to evaluate the use of internet-connected
                            devices and internet-connected solutions in
                            manufacturing.
                (2) Marketplace and supply chain survey.--The Secretary
            shall conduct a survey of the marketplace and supply chain of
            internet-connected devices and internet-connected solutions
            used in manufacturing to--
                        (A) assess the severity of risks posed to such
                    marketplace and supply chain;
                        (B) review the ability of foreign governments or
                    third parties to exploit the supply chain in a manner
                    that raises risks to the economic and national security
                    of the United States; and
                        (C) identify emerging risks and long-term trends in
                    such marketplace and supply chain.
                (3) Report to congress.--Not later than 6 months after the
            completion of the study required pursuant to paragraph (1), the
            Secretary shall submit to the Committee on Energy and Commerce
            and the Committee on Science, Space, and Technology of the
            House of Representatives, and the Committee on Commerce,
            Science, and Transportation of the Senate, and make publicly
            available on the website of the Department of Commerce, a
            report that contains--
                        (A) the results of the study conducted pursuant to
                    paragraph (1) and the surveys conducted pursuant to
                    paragraph (2); and
                        (B) recommendations to--
                                (i) grow the United States economy through
                            the secure advancement of the use of internet-
                            connected devices and internet-connected
                            solutions in manufacturing;
                                (ii) develop a national strategy to advance
                            the United States business sectors' position in
                            the world on the adoption of internet-connected
                            devices and internet-connected solutions used
                            in manufacturing;
                                (iii) develop strategies to mitigate
                            current and emerging risks to the marketplace
                            and supply chain of internet-connected devices
                            and internet-connected solutions used in
                            manufacturing;
                                (iv) develop policies that States can adopt
                            to encourage the growth of manufacturing,
                            including the use of internet-connected devices
                            and internet-connected solutions in
                            manufacturing; and
                                (v) develop legislation that may advance
                            the expeditious adoption of the use of
                            internet-connected devices and internet-
                            connected solutions in manufacturing.
        (d) Study to Advance Quantum Computing.--
                (1) In general.--
                        (A) Study required.--Not later than 1 year after
                    the date of enactment of this Act, the Secretary of
                    Commerce and the Federal Trade Commission shall
                    complete a study on the state of the quantum computing
                    industry and the impact of such industry on the United
                    States economy.
                        (B) Requirements for study.--In conducting the
                    study, the Secretary and the Commission shall--
                                (i) develop and conduct a survey of the
                            quantum computing industry through outreach to
                            participating entities as appropriate to--
                                        (I) establish a list of industry
                                    sectors that implement and promote the
                                    use of quantum computing;
                                        (II) establish a list of public-
                                    private partnerships focused on
                                    promoting the adoption and use of
                                    quantum computing, as well as industry-
                                    based bodies, including international
                                    bodies, which have developed, or are
                                    developing, mandatory or voluntary
                                    standards for quantum computing;
                                        (III) the status of such industry-
                                    based mandatory or voluntary standards;
                                    and
                                        (IV) provide a description of the
                                    ways entities or industry sectors
                                    implement and promote the use of
                                    quantum computing;
                                (ii) develop a comprehensive list of
                            Federal agencies with jurisdiction over the
                            entities and industry sectors identified under
                            clause (i);
                                (iii) identify which Federal agency or
                            agencies listed under clause (ii) each entity
                            or industry sector interacts with;
                                (iv) identify all interagency activities
                            that are taking place among the Federal
                            agencies listed under clause (ii), such as
                            working groups or other coordinated efforts;
                                (v) develop a brief description of the
                            jurisdiction and expertise of the Federal
                            agencies listed under clause (ii) with regard
                            to such entities and industry sectors;
                                (vi) identify all regulations, guidelines,
                            mandatory standards, voluntary standards, and
                            other policies implemented by each of the
                            Federal agencies identified under clause (ii),
                            as well as all guidelines, mandatory standards,
                            voluntary standards, and other policies
                            implemented by industry-based bodies;
                                (vii) identify Federal Government resources
                            that exist for consumers and small businesses
                            to evaluate the use of quantum computing; and
                                (viii) consult with the Office of Science
                            and Technology Policy and interagency efforts
                            on quantum authorized by sections 102 and 103
                            of the National Quantum Initiative Act (Public
                            Law 115-368) to minimize duplication of
                            activities in this subparagraph among the
                            Federal agencies listed under clause (ii).
                (2) Marketplace and supply chain survey.--The Secretary and
            Commission shall conduct a survey of the marketplace and supply
            chain of quantum computing to--
                        (A) assess the severity of risks posed to such
                    marketplace and supply chain;
                        (B) review the ability of foreign governments or
                    third parties to exploit the supply chain in a manner
                    that raises risks to the economic and national security
                    of the United States; and
                        (C) identify emerging risks and long-term trends in
                    such marketplace and supply chain.
                (3) Report to congress.--Not later than 6 months after the
            completion of the study required pursuant to paragraph (1), the
            Secretary and the Commission shall submit to the Committee on
            Energy and Commerce and the Committee on Science, Space, and
            Technology of the House of Representatives, and the Committee
            on Commerce, Science, and Transportation of the Senate, and
            make publicly available on their respective websites, a report
            that contains--
                        (A) the results of the study conducted pursuant to
                    paragraph (1) and the survey conducted pursuant to
                    paragraph (2); and
                        (B) recommendations to--
                                (i) grow the United States economy through
                            the secure advancement of quantum computing;
                                (ii) develop a national strategy to advance
                            the United States business sectors' position in
                            the world on the adoption of quantum computing;
                                (iii) develop strategies to mitigate
                            current and emerging risks to the marketplace
                            and supply chain of quantum computing; and
                                (iv) develop legislation that may advance
                            the expeditious adoption of quantum computing.
        (e) Study to Advance Blockchain Technology.--
                (1) In general.--
                        (A) Study required.--Not later than 1 year after
                    the date of enactment of this Act, the Secretary of
                    Commerce and the Federal Trade Commission shall
                    complete a study on the state of the blockchain
                    technology industry and the impact of such industry on
                    the United States economy.
                        (B) Requirements for study.--In conducting the
                    study, the Secretary and the Commission shall--
                                (i) develop and conduct a survey of the
                            blockchain technology industry through outreach
                            to participating entities as appropriate to--
                                        (I) establish a list of industry
                                    sectors that implement and promote the
                                    use of blockchain technology;
                                        (II) establish a list of public-
                                    private partnerships focused on
                                    promoting the adoption and use of
                                    blockchain technology, as well as
                                    industry-based bodies, including
                                    international bodies, which have
                                    developed, or are developing, mandatory
                                    or voluntary standards for blockchain
                                    technology;
                                        (III) the status of such industry-
                                    based mandatory or voluntary standards;
                                    and
                                        (IV) provide a description of the
                                    ways entities or industry sectors
                                    implement and promote the use of
                                    blockchain technology;
                                (ii) develop a comprehensive list of
                            Federal agencies with jurisdiction over the
                            entities and industry sectors identified under
                            clause (i);
                                (iii) identify which Federal agency or
                            agencies listed under clause (ii) each entity
                            or industry sector interacts with;
                                (iv) identify all interagency activities
                            that are taking place among the Federal
                            agencies listed under clause (ii), such as
                            working groups or other coordinated efforts;
                                (v) develop a brief description of the
                            jurisdiction and expertise of the Federal
                            agencies listed under clause (ii) with regard
                            to such entities and industry sectors;
                                (vi) identify all regulations, guidelines,
                            mandatory standards, voluntary standards, and
                            other policies implemented by each of the
                            Federal agencies identified under clause (ii),
                            as well as all guidelines, mandatory standards,
                            voluntary standards, and other policies
                            implemented by industry-based bodies; and
                                (vii) identify Federal Government resources
                            that exist for consumers and small businesses
                            to evaluate the use of blockchain technology.
                (2) Marketplace and supply chain survey.--The Secretary and
            Commission shall conduct a survey of the marketplace and supply
            chain of blockchain technology to--
                        (A) assess the severity of risks posed to such
                    marketplace and supply chain;
                        (B) review the ability of foreign governments or
                    third parties to exploit the supply chain in a manner
                    that raises risks to the economic and national security
                    of the United States; and
                        (C) identify emerging risks and long-term trends in
                    such marketplace and supply chain.
                (3) Report to congress.--Not later than 6 months after the
            completion of the study required pursuant to paragraph (1), the
            Secretary and the Commission shall submit to the Committee on
            Energy and Commerce and the Committee on Science, Space, and
            Technology of the House of Representatives, and the Committee
            on Commerce, Science, and Transportation of the Senate, and
            make publicly available on their respective websites, a report
            that contains--
                        (A) the results of the study conducted pursuant to
                    paragraph (1) and the survey conducted pursuant to
                    paragraph (2); and
                        (B) recommendations to--
                                (i) grow the United States economy through
                            the secure advancement of blockchain
                            technology;
                                (ii) develop a national strategy to advance
                            the United States business sectors' position in
                            the world on the adoption of blockchain
                            technology;
                                (iii) develop strategies to mitigate
                            current and emerging risks to the marketplace
                            and supply chain of blockchain technology; and
                                (iv) develop legislation that may advance
                            the expeditious adoption of blockchain
                            technology.
        (f) Study to Advance New and Advanced Materials.--
                (1) In general.--
                        (A) Study required.--Not later than 1 year after
                    the date of enactment of this Act, the Secretary of
                    Commerce and the Federal Trade Commission, in
                    coordination with the head of any other appropriate
                    Federal agency, shall complete a study on the state of
                    new and advanced materials industry, including
                    synthetically derived or enhanced natural properties,
                    and the impact of such industry on the United States
                    economy.
                        (B) Requirements for study.--In conducting the
                    study, the Secretary and the Commission shall--
                                (i) develop and conduct a survey of the new
                            and advanced materials industry through
                            outreach to participating entities as
                            appropriate to--
                                        (I) establish a list of industry
                                    sectors that implement and promote the
                                    use of new and advanced materials;
                                        (II) establish a list of public-
                                    private partnerships focused on
                                    promoting the adoption and use of new
                                    and advanced materials, as well as
                                    industry-based bodies, including
                                    international bodies, which have
                                    developed, or are developing, mandatory
                                    or voluntary standards for new and
                                    advanced materials;
                                        (III) the status of such industry-
                                    based mandatory or voluntary standards;
                                    and
                                        (IV) provide a description of the
                                    ways entities or industry sectors
                                    implement and promote the use of new
                                    and advanced materials;
                                (ii) develop a comprehensive list of
                            Federal agencies with jurisdiction over the
                            entities and industry sectors identified under
                            clause (i);
                                (iii) identify which Federal agency or
                            agencies listed under clause (ii) each entity
                            or industry sector interacts with;
                                (iv) identify all interagency activities
                            that are taking place among the Federal
                            agencies listed under clause (ii), such as
                            working groups or other coordinated efforts;
                                (v) develop a brief description of the
                            jurisdiction and expertise of the Federal
                            agencies listed under clause (ii) with regard
                            to such entities and industry sectors;
                                (vi) identify all regulations, guidelines,
                            mandatory standards, voluntary standards, and
                            other policies implemented by each of the
                            Federal agencies identified under clause (ii),
                            as well as all guidelines, mandatory standards,
                            voluntary standards, and other policies
                            implemented by industry-based bodies; and
                                (vii) identify Federal Government resources
                            that exist for consumers and small businesses
                            to evaluate the use of new and advanced
                            materials.
                (2) Marketplace and supply chain survey.--The Secretary and
            Commission shall conduct a survey of the marketplace and supply
            chain of new and advanced materials to--
                        (A) assess the severity of risks posed to such
                    marketplace and supply chain;
                        (B) review the ability of foreign governments or
                    third parties to exploit the supply chain in a manner
                    that raises risks to the economic and national security
                    of the United States; and
                        (C) identify emerging risks and long-term trends in
                    such marketplace and supply chain.
                (3) Report to congress.--Not later than 6 months after the
            completion of the study required pursuant to paragraph (1), the
            Secretary and the Commission shall submit to the Committee on
            Energy and Commerce and the Committee on Science, Space, and
            Technology of the House of Representatives, and the Committee
            on Commerce, Science, and Transportation of the Senate, and
            make publicly available on their respective websites, a report
            that contains--
                        (A) the results of the study conducted pursuant to
                    paragraph (1) and the survey conducted pursuant to
                    paragraph (2); and
                        (B) recommendations to--
                                (i) grow the United States economy through
                            the secure advancement of new and advanced
                            materials;
                                (ii) develop a national strategy to advance
                            the United States business sectors' position in
                            the world on the adoption of new and advanced
                            materials;
                                (iii) develop strategies to mitigate
                            current and emerging risks to the marketplace
                            and supply chain of new and advanced materials;
                            and
                                (iv) develop legislation that may advance
                            the expeditious adoption of new and advanced
                            materials.
        (g) Study to Advance Unmanned Delivery Services.--
                (1) In general.--
                        (A) Study required.--Not later than 1 year after
                    the date of enactment of this Act, the Secretary of
                    Commerce, in coordination with the head of any other
                    appropriate Federal agency, shall complete a study on
                    the impact of unmanned delivery services on United
                    States businesses conducting interstate commerce.
                        (B) Requirements for study.--In conducting the
                    study, the Secretary shall do the following:
                                (i) Conduct a survey through outreach to
                            participating entities to--
                                        (I) establish a list of the
                                    industry sectors that develop and use
                                    unmanned delivery services, including
                                    the use of autonomous vehicles, drones,
                                    and robots;
                                        (II) review how unmanned delivery
                                    services are currently being used and
                                    any potential future applications of
                                    such services;
                                        (III) identify any challenges to
                                    the development and adoption of
                                    unmanned delivery services;
                                        (IV) review how such services may
                                    be used to--
                                                (aa) deliver groceries,
                                            meals, medications, and other
                                            necessities to senior citizens,
                                            people with disabilities, and
                                            people without access to
                                            traditional public
                                            transportation;
                                                (bb) address challenges
                                            public health emergencies
                                            present, including delivering
                                            groceries, meals, medications,
                                            medical supplies, and other
                                            necessities during such
                                            emergencies; and
                                                (cc) any other potential
                                            use of such services;
                                        (V) identify any safety risks
                                    associated with the adoption of
                                    unmanned delivery services on roads, in
                                    the air, or other environments,
                                    including any dangers posed to
                                    pedestrians, bicyclists, motorcyclists,
                                    motorists, or property;
                                        (VI) identify the effect of
                                    unmanned delivery services on traffic
                                    safety and congestion;
                                        (VII) evaluate the extent to which
                                    software, technology, and
                                    infrastructure behind unmanned delivery
                                    services are developed and manufactured
                                    in the United States;
                                        (VIII) identify the number and
                                    types of jobs that may be lost or
                                    substantially changed due to the
                                    development and adoption of unmanned
                                    delivery services;
                                        (IX) identify the number and types
                                    of jobs that may be created due to the
                                    development and adoption of unmanned
                                    delivery services; and
                                        (X) evaluate the effect of the
                                    adoption unmanned delivery services on
                                    job quality for low, middle, and high-
                                    skilled workers.
                                (ii) Develop and conduct a survey of
                            Federal activity related to unmanned delivery
                            services to--
                                        (I) establish a list of Federal
                                    agencies asserting jurisdiction over
                                    industry sectors identified under
                                    clause (i)(II);
                                        (II) develop a brief description of
                                    the jurisdiction and expertise of the
                                    Federal agencies regarding unmanned
                                    delivery services; and
                                        (III) identify all interagency
                                    activities regarding unmanned delivery
                                    services.
                                (iii) Conduct a survey of the marketplace
                            and supply chain of unmanned delivery services
                            to--
                                        (I) assess the severity of risks
                                    posed to such marketplace and supply
                                    chain;
                                        (II) review the ability of foreign
                                    governments or third parties to exploit
                                    such supply chain in a manner that
                                    raises risks to the economic and
                                    national security of the United States;
                                    and
                                        (III) identify emerging risks and
                                    long-term trends in such marketplace
                                    and supply chain.
                        (C) Report to congress.--Not later than 6 months
                    after the completion of the study required pursuant to
                    paragraph (1), the Secretary, in coordination with the
                    head of any other appropriate Federal agency, shall
                    submit to the Committee on Energy and Commerce and the
                    Committee on Science, Space, and Technology of the
                    House of Representatives, and the Committee on
                    Commerce, Science, and Transportation of the Senate,
                    and make publicly available on the website of the
                    Department of Commerce, a report that contains--
                                (i) the results of the study conducted
                            under paragraph (1); and
                                (ii) recommendations to--
                                        (I) develop and implement a
                                    comprehensive plan to promote the
                                    development and adoption of unmanned
                                    delivery services in the United States;
                                        (II) develop policies that States
                                    can adopt to encourage the development
                                    and adoption of unmanned delivery
                                    services;
                                        (III) develop a national strategy
                                    to advance the United States position
                                    in the world on the development and
                                    adoption of unmanned delivery services,
                                    and manufacture of technology behind
                                    unmanned delivery services;
                                        (IV) develop strategies to mitigate
                                    current and emerging risks to the
                                    marketplace and supply chain of
                                    unmanned delivery services; and
                                        (V) develop legislation to
                                    accomplish such recommendations.
        (h) Study to Advance Internet of Things.--
                (1) Study.--The Secretary of Commerce shall conduct a study
            on the state of the internet-connected devices industry
            (commonly known as the ``Internet of Things'') in the United
            States. In conducting the study, the Secretary shall--
                        (A) develop and conduct a survey of the internet-
                    connected devices industry through outreach to
                    participating entities as appropriate, including--
                                (i) a list of the industry sectors that
                            develop internet-connected devices;
                                (ii) a list of public-private partnerships
                            focused on promoting the adoption and use of
                            internet-connected devices, as well as
                            industry-based bodies, including international
                            bodies, which have developed, or are
                            developing, mandatory or voluntary standards
                            for internet-connected devices;
                                (iii) the status of the industry-based
                            mandatory or voluntary standards identified in
                            clause (ii); and
                                (iv) a description of the ways entities or
                            industry sectors develop, use, or promote the
                            use of internet-connected devices;
                        (B) develop a comprehensive list of Federal
                    agencies with jurisdiction over the entities and
                    industry sectors identified under subparagraph (A);
                        (C) identify which Federal agency or agencies
                    listed under subparagraph (B) each entity or industry
                    sector interacts with;
                        (D) identify all interagency activities that are
                    taking place among the Federal agencies listed under
                    subparagraph (B), such as working groups or other
                    coordinated efforts;
                        (E) develop a brief description of the jurisdiction
                    and expertise of the Federal agencies listed under
                    subparagraph (B) with regard to such entities and
                    industry sectors;
                        (F) identify all regulations, guidelines, mandatory
                    standards, voluntary standards, and other policies
                    implemented by each of the Federal agencies identified
                    under subparagraph (B), as well as all guidelines,
                    mandatory standards, voluntary standards, and other
                    policies implemented by industry-based bodies; and
                        (G) identify Federal Government resources that
                    exist for consumers and small businesses to evaluate
                    internet-connected devices.
                (2) Report to congress.--Not later than 1 year after the
            date of enactment of this Act, the Secretary shall submit to
            the Committee on Energy and Commerce and the Committee on
            Science, Space, and Technology of the House of Representatives,
            and the Committee on Commerce, Science, and Transportation of
            the Senate, and make publicly available on the website of the
            Department of Commerce, a report that contains--
                        (A) the results of the study conducted under
                    paragraph (1); and
                        (B) recommendations of the Secretary for growth of
                    the United States economy through the secure
                    advancement of internet-connected devices.
                (3) Definitions.--In this subsection--
                        (A) the term ``Federal agency'' means an agency, as
                    defined in section 551 of title 5, United States Code;
                    and
                        (B) the term ``internet-connected device'' means a
                    physical object that--
                                (i) is capable of connecting to the
                            internet, either directly or indirectly through
                            a network, to communicate information at the
                            direction of an individual; and
                                (ii) has computer processing capabilities
                            for collecting, sending, receiving, or
                            analyzing data.
        (i) Study to Advance Three-dimensional Printing.--
                (1) In general.--
                        (A) Study required.--Not later than 1 year after
                    the date of enactment of this Act, the Secretary of
                    Commerce, in coordination with the head of any other
                    appropriate Federal agency, shall complete a study on
                    the state of the three-dimensional printing industry
                    and the impact of such industry on the United States
                    economy.
                        (B) Requirements for study.--In conducting the
                    study, the Secretary shall--
                                (i) develop and conduct a survey of the
                            three-dimensional printing industry through
                            outreach to participating entities as
                            appropriate to--
                                        (I) establish a list of industry
                                    sectors that implement and promote the
                                    use of three-dimensional printing;
                                        (II) establish a list of public-
                                    private partnerships focused on
                                    promoting the adoption and use of
                                    three-dimensional printing, as well as
                                    industry-based bodies, including
                                    international bodies, which have
                                    developed, or are developing, mandatory
                                    or voluntary standards for three-
                                    dimensional printing;
                                        (III) the status of such industry-
                                    based mandatory or voluntary standards;
                                    and
                                        (IV) provide a description of the
                                    ways entities or industry sectors
                                    implement and promote the use of three-
                                    dimensional printing;
                                (ii) develop a comprehensive list of
                            Federal agencies with jurisdiction over the
                            entities and industry sectors identified under
                            clause (i);
                                (iii) identify which Federal agency or
                            agencies listed under clause (ii) each entity
                            or industry sector interacts with;
                                (iv) identify all interagency activities
                            that are taking place among the Federal
                            agencies listed under clause (ii), such as
                            working groups or other coordinated efforts;
                                (v) develop a brief description of the
                            jurisdiction and expertise of the Federal
                            agencies listed under clause (ii) with regard
                            to such entities and industry sectors;
                                (vi) identify all regulations, guidelines,
                            mandatory standards, voluntary standards, and
                            other policies implemented by each of the
                            Federal agencies identified under clause (ii),
                            as well as all guidelines, mandatory standards,
                            voluntary standards, and other policies
                            implemented by industry-based bodies; and
                                (vii) identify Federal Government resources
                            that exist for consumers and small businesses
                            to evaluate the use of three-dimensional
                            printing.
                (2) Marketplace and supply chain survey.--The Secretary
            shall conduct a survey of the marketplace and supply chain of
            three-dimensional printing to--
                        (A) assess the severity of risks posed to such
                    marketplace and supply chain;
                        (B) review the ability of foreign governments or
                    third parties to exploit the supply chain in a manner
                    that raises risks to the economic and national security
                    of the United States; and
                        (C) identify emerging risks and long-term trends in
                    such marketplace and supply chain.
                (3) Report to congress.--Not later than 6 months after the
            completion of the study required pursuant to paragraph (1), the
            Secretary shall submit to the Committee on Energy and Commerce
            and the Committee on Science, Space, and Technology of the
            House of Representatives, and the Committee on Commerce,
            Science, and Transportation of the Senate, and make publicly
            available on the website of the Department of Commerce, a
            report that contains--
                        (A) the results of the study conducted pursuant to
                    paragraph (1) and the survey conducted pursuant to
                    paragraph (2); and
                        (B) recommendations to--
                                (i) grow the United States economy through
                            the secure advancement of three-dimensional
                            printing;
                                (ii) develop a national strategy to advance
                            the United States business sectors' position in
                            the world on the adoption of three-dimensional
                            printing;
                                (iii) develop strategies to mitigate
                            current and emerging risks to the marketplace
                            and supply chain of three-dimensional printing;
                            and
                                (iv) develop legislation that may advance
                            the expeditious adoption of three-dimensional
                            printing.
        (j) Study to Combat Online Harms Through Innovation.--
                (1) In general.--
                        (A) Study required.--Not later than 1 year after
                    the date of enactment of this Act, the Federal Trade
                    Commission shall conduct and complete a study on how
                    artificial intelligence may be used to address the
                    online harms described in subparagraph (B).
                        (B) Requirements for study.--In conducting the
                    study, the Commission shall consider whether and how
                    artificial intelligence may be used to identify,
                    remove, or take any other appropriate action necessary
                    to address the following online harms:
                                (i) Deceptive and fraudulent content
                            intended to scam or otherwise harm individuals,
                            including such practices directed at senior
                            citizens.
                                (ii) Manipulated content intended to
                            mislead individuals, including deepfake videos
                            and fake individual reviews.
                                (iii) Website or mobile application
                            interfaces designed to intentionally mislead or
                            exploit individuals.
                                (iv) Illegal content online, including the
                            illegal sale of opioids, child sexual
                            exploitation and abuse, revenge pornography,
                            harassment, cyberstalking, hate crimes, the
                            glorification of violence or gore, and
                            incitement of violence.
                                (v) Terrorist and violent extremists' abuse
                            of digital platforms, including the use of such
                            platforms to promote themselves, share
                            propaganda, and glorify real-world acts of
                            violence.
                                (vi) Disinformation campaigns coordinated
                            by inauthentic accounts or individuals to
                            influence United States elections.
                                (vii) The sale of counterfeit products.
                (2) Report to congress.--Not later than 6 months after the
            completion of the study required pursuant to paragraph (1), the
            Commission shall submit to the Committee on Energy and Commerce
            and the Committee on Science, Space, and Technology of the
            House of Representatives, and the Committee on Commerce,
            Science, and Transportation of the Senate, and make publicly
            available on its website, a report that contains--
                        (A) the results of the study conducted under
                    paragraph (1);
                        (B) recommendations on how artificial intelligence
                    may be used to address the online harms described in
                    paragraph (1)(B);
                        (C) recommendations on what reasonable policies,
                    practices, and procedures may be implemented to utilize
                    artificial intelligence to address such online harms;
                    and
                        (D) recommendations for any legislation that may
                    advance the adoption and use of artificial intelligence
                    to address such online harms.
        (k) Combination of Studies Authorized.--The Secretary of Commerce
    and the Federal Trade Commission, after notifying the Committee on
    Energy and Commerce of the House of Representatives and the Committee
    on Commerce, Science, and Transportation of the Senate, may combine any
    of the studies required pursuant to this Act.
        (l) Protection of National Security.--
                (1) Information exempt from public disclosure.--Nothing in
            this Act shall be construed to require the disclosure of
            information, records, or reports that are exempt from public
            disclosure under section 552 of title 5, United States Code, or
            that may be withheld under section 552a of title 5, United
            States Code.
                (2) Classified and certain other information.--Nothing in
            this Act shall be construed to require the publication, on a
            website or otherwise, of any report containing information that
            is classified, or the public release of which could have a
            harmful effect on national security.
                (3) Form of reports to congress.--In the case of each
            report that is required by this Act to be submitted to a
            committee of Congress, such report shall be submitted in
            unclassified form, but may include a classified annex.
                (4) Submission of reports to congressional intelligence
            committees.--In the case of each report that is required by
            this Act to be submitted to a committee of Congress, such
            report shall also be submitted to the Permanent Select
            Committee on Intelligence of the House of Representatives and
            the Select Committee on Intelligence of the Senate.
        (m) Appropriations Required.--This Act is subject to appropriations
    that may be available for the Department of Commerce or the Federal
    Trade Commission, as applicable.

       TITLE XVI--RECORDING OF CERTAIN OBLIGATIONS BY THE DEPARTMENT OF
                                VETERANS AFFAIRS

    SEC. 1601. RECORDING OF OBLIGATIONS.

        Hereafter, subject to the availability of appropriations, the
    Secretary of Veterans Affairs shall record as an obligation of the
    United States Government amounts owed for hospital care or medical
    services furnished at non-Department facilities under title 38, United
    States Code, or Acts making appropriations for the Department of
    Veterans Affairs, on the date on which the Secretary approves: (i) a
    claim by a health care provider for payment or (ii) a voucher, invoice,
    or request for payment from a vendor for services rendered under a
    contract:  Provided, That for any fiscal year in which an appropriation
    for the payment of hospital care or medical services furnished at non-
    Department facilities has been exhausted or has yet to be enacted, this
    title shall not provide the Secretary of Veterans Affairs with the
    authority to issue any new authorizations or orders for such care or
    such services in advance of such appropriation:  Provided further, That
    this title shall take effect as if enacted on October 1, 2018:
    Provided further, That not later than 30 days after the date of
    enactment of this Act, the Department of Veterans Affairs, in
    consultation with the Office of Management and Budget, shall submit a
    report to the President and the Congress, similar to the report
    required pursuant to 31 U.S.C. 1351, detailing how, in the absence of
    the enactment of this title, the expenditures or obligations would have
    exceeded the amount available in fiscal year 2019 and fiscal year 2020
    in the Medical Community Care appropriation:  Provided further, That
    the report required in the preceding proviso shall also include an
    explanation as to how the Department plans to avoid incurring
    obligations for the Medical Community Care appropriation in excess of
    its available budgetary resources in fiscal year 2021 and future fiscal
    years pursuant to the recording of obligations required by this title.

                      TITLE XVII--SUDAN CLAIMS RESOLUTION

    SEC. 1701. SHORT TITLE.

        This title may be cited as the ``Sudan Claims Resolution Act''.

    SEC. 1702. SENSE OF CONGRESS.

        It is the sense of Congress that--
                (1) the United States should support Sudan's democratic
            transition, particularly in light of the country's dire
            economic situation, and this is a critical moment to address
            longstanding issues in the relationship between the United
            States and Sudan;
                (2) as part of the process of restoring normal relations
            between Sudan and the United States, Congress supports efforts
            to provide meaningful compensation to individuals employed by
            or serving as contractors for the United States Government, as
            well as their family members, who personally have been awarded
            by a United States District Court a judgment for compensatory
            damages against Sudan; and
                (3) the terrorism-related claims of victims and family
            members of the September 11, 2001, terrorist attacks must be
            preserved and protected.

    SEC. 1703. DEFINITIONS.

        In this Act:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the Committee on Foreign Relations and the
                    Committee on the Judiciary of the Senate; and
                        (B) the Committee on Foreign Affairs and the
                    Committee on the Judiciary of the House of
                    Representatives.
                (2) Claims agreement.--The term ``claims agreement'' means
            the Claims Settlement Agreement Between the Government of the
            United States of America and the Government of the Republic of
            the Sudan, done at Washington, D.C., on October 30, 2020,
            including all annexes, appendices, side letters, related
            agreements, and instruments for implementation, including the
            escrow agreement among the Central Bank of Sudan, the Federal
            Reserve Bank of New York, and the escrow agent appointed
            thereby, as well as the escrow conditions release agreement,
            set out in an exchange of diplomatic notes between the United
            States and Sudan on October 21, 2020, and subsequently amended
            on December 19, 2020.
                (3) Foreign national.--The term ``foreign national'' means
            an individual who is not a citizen of the United States.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of State.
                (5) State sponsor of terrorism.--The term ``state sponsor
            of terrorism'' means a country the government of which the
            Secretary has determined is a government that has repeatedly
            provided support for acts of international terrorism, for
            purposes of--
                        (A) section 1754(c)(1)(A)(i) of the Export Control
                    Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
                        (B) section 620A of the Foreign Assistance Act of
                    1961 (22 U.S.C. 2371);
                        (C) section 40(d) of the Arms Export Control Act
                    (22 U.S.C. 2780(d)); or
                        (D) any other provision of law.
                (6) Sudan.--The term ``Sudan'' means the Government of the
            Republic of the Sudan.

    SEC. 1704. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF SUDAN.

        (a) Immunity.--
                (1) In general.--Subject to section 1706, and
            notwithstanding any other provision of law, upon submission of
            a certification described in paragraph (2)--
                        (A) Sudan, an agency or instrumentality of Sudan,
                    and the property of Sudan or an agency or
                    instrumentality of Sudan, shall not be subject to the
                    exceptions to immunity from jurisdiction, liens,
                    attachment, and execution under section 1605(a)(7) (as
                    such section was in effect on January 27, 2008) or
                    section 1605A or 1610 (insofar as section 1610 relates
                    to a judgment under such section 1605(a)(7) or 1605A)
                    of title 28, United States Code;
                        (B) section 1605A(c) of title 28, United States
                    Code, section 1083(c) of the National Defense
                    Authorization Act for Fiscal Year 2008 (Public Law 110-
                    181; 28 U.S.C. 1605A note), section 589 of the Foreign
                    Operations, Export Financing, and Related Programs
                    Appropriations Act, 1997 (Public Law 104-208; 28 U.S.C.
                    1605 note), and any other private right of action
                    relating to acts by a state sponsor of terrorism
                    arising under Federal, State, or foreign law shall not
                    apply with respect to claims against Sudan, or any of
                    its agencies, instrumentalities, officials, employees,
                    or agents in any action in a Federal or State court;
                    and
                        (C) any attachment, decree, lien, execution,
                    garnishment, or other judicial process brought against
                    property of Sudan, or property of any agency,
                    instrumentality, official, employee, or agent of Sudan,
                    in connection with an action that is precluded by
                    subparagraph (A) or (B) shall be void.
                (2) Certification.--A certification described in this
            paragraph is a certification by the Secretary to the
            appropriate congressional committees stating that--
                        (A) the August 12, 1993, designation of Sudan as a
                    state sponsor of terrorism has been formally rescinded;
                        (B) Sudan has made final payments with respect to
                    the private settlement of the claims of victims of the
                    U.S.S. Cole attack; and
                        (C) the United States Government has received funds
                    pursuant to the claims agreement that are sufficient to
                    ensure--
                                (i) payment of the agreed private
                            settlement amount for the death of a citizen of
                            the United States who was an employee of the
                            United States Agency for International
                            Development in Sudan on January 1, 2008;
                                (ii) meaningful compensation for claims of
                            citizens of the United States (other than
                            individuals described in section 1707(a)(1))
                            for wrongful death or physical injury in cases
                            arising out of the August 7, 1998, bombings of
                            the United States embassies located in Nairobi,
                            Kenya, and Dar es Salaam, Tanzania; and
                                (iii) funds for compensation through a fair
                            process to address compensation for terrorism-
                            related claims of foreign nationals for
                            wrongful death or physical injury arising out
                            of the events referred to in clause (ii).
        (b) Scope.--Subject to section 1706, subsection (a) of this section
    shall apply to all conduct and any event occurring before the date of
    the certification described in subsection (a)(2), regardless of
    whether, or the extent to which, application of that subsection affects
    any action filed before, on, or after that date.
        (c) Authority of the Secretary.--The certification by the Secretary
    referred to in subsection (a)(2) may not be delegated and may not be
    subject to judicial review.

    SEC. 1705. REAUTHORIZATION OF AND MODIFICATIONS TO UNITED STATES
                  VICTIMS OF STATE SPONSORED TERRORISM FUND.

        (a) In General.--The Justice for United States Victims of State
    Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
                (1) in subsection (c)(2)(A)(i), by striking ``state sponsor
            of terrorism'' and inserting ``foreign state that was
            designated as a state sponsor of terrorism at the time the acts
            described in clause (ii) occurred or was so designated as a
            result of such acts'';
                (2) in subsection (e)(6), by striking ``January 2, 2030''
            each place it appears and inserting ``January 2, 2039''; and
                (3) in subsection (j)(6), in the first sentence, by
            inserting after ``final judgment'' the following: ``, except
            that the term does not include payments received in connection
            with an international claims agreement to which the United
            States is a state party or any other settlement of terrorism-
            related claims against Sudan''.
        (b) Lump Sum Catch-up Payments for 9/11 Victims, 9/11 Spouses, and
    9/11 Dependents.--Subsection (d)(4) of the Justice for United States
    Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
                (1) in subparagraph (A), by striking ``subparagraph (B)''
            and inserting ``subparagraphs (B) and (C)''; and
                (2) by adding at the end the following:
                        ``(C) Lump sum catch-up payments for 9/11 victims,
                    9/11 spouses, and 9/11 dependents.--
                                ``(i) In general.--Not later than 90 days
                            after the date of enactment of this
                            subparagraph, and in accordance with clauses
                            (i) and (ii) of subsection (d)(3)(A), the
                            Comptroller General of the United States shall
                            conduct an audit and publish in the Federal
                            Register a notice of proposed lump sum catch-up
                            payments to 9/11 victims, 9/11 spouses, and 9/
                            11 dependents who have submitted applications
                            in accordance with subparagraph (B) in amounts
                            that, after receiving the lump sum catch-up
                            payments, would result in the percentage of the
                            claims of 9/11 victims, 9/11 spouses, and 9/11
                            dependents received from the Fund being equal
                            to the percentage of the claims of 9/11 family
                            members received from the Fund, as of the date
                            of enactment of this subparagraph.
                                ``(ii) Public comment.--The Comptroller
                            General shall provide an opportunity for public
                            comment for a 30-day period beginning on the
                            date on which the notice is published under
                            clause (i).
                                ``(iii) Report.--Not later than 30 days
                            after the expiration comment period in clause
                            (ii), the Comptroller General of the United
                            States shall submit to the Committee on the
                            Judiciary and the Committee on Appropriations
                            of the Senate, the Committee on the Judiciary
                            and the Committee on Appropriations of the
                            House of Representatives, and the Special
                            Master a report that includes the determination
                            of the Comptroller General on--
                                        ``(I) the amount of the lump sum
                                    catch-up payment for each 9/11 victim;
                                        ``(II) the amount of the lump sum
                                    catch-up payment for each 9/11 spouse;
                                        ``(III) the amount of the lump sum
                                    catch-up payment for each 9/11
                                    dependent; and
                                        ``(IV) the total amount of lump sum
                                    catch-up payments described in
                                    subclauses (I) through (III).''.

    SEC. 1706. PRESERVATION OF CERTAIN PENDING INTERNATIONAL TERRORISM
                  CLAIMS AGAINST SUDAN.

        (a) Findings.--Congress makes the following findings:
                (1) It is the long-standing policy of the United States
            that civil lawsuits against those who support, aid and abet,
            and provide material support for international terrorism serve
            the national security interests of the United States by
            deterring the sponsorship of terrorism and by advancing
            interests of justice, transparency, and accountability.
                (2) Neither the claims agreement, nor any other aspect of
            the effort to normalize relations with Sudan--
                        (A) resolved claims against Sudan involving victims
                    and family members of the September 11, 2001, terrorist
                    attacks; or
                        (B) otherwise advanced the interests of the victims
                    and family members of the September 11, 2001, terrorist
                    attacks.
                (3) The claims referenced in paragraph (2)(A) remain
            pending in the multidistrict proceeding 03-MDL-1570 in the
            United States District Court for the Southern District of New
            York, and subsection (c) preserves and protects those claims.
        (b) Sense of Congress.--It is the sense of Congress that the
    executive branch should not file a Statement of Interest or any other
    submission, or intervene in any other way, in the multidistrict
    proceeding 03-MDL-1570, in connection to the rescission of the
    designation of Sudan as a state sponsor of terrorism or the restoration
    of Sudan's immunities from jurisdiction and execution in conformity
    with this Act, if such action would disadvantage terrorism victims.
        (c) In General.--Nothing in this Act shall apply to, be construed
    to apply to, or otherwise affect--
                (1) any claim in any of the proceedings comprising the
            multidistrict proceeding 03-MDL-1570 in the United States
            District Court for the Southern District of New York brought by
            any person who, as of the date of the enactment of this Act,
            has a claim pending against Sudan (including as a member of a
            class certified under Rule 23 of the Federal Rules of Civil
            Procedure or as a putative member of such a class pending
            certification); or
                (2) the enforcement of any judgment in favor of such person
            entered in such proceeding.
        (d) Applicable Law.--Proceedings described in subsection (c) shall
    be governed by applicable law in effect before the date of the
    enactment of this Act, including--
                (1) chapter 97 of title 28, United States Code (commonly
            known as the ``Foreign Sovereign Immunities Act of 1976''),
            including 28 U.S.C. 1605A note;
                (2) section 201 of the Terrorism Risk Insurance Act of 2002
            (Public Law 107-297; 28 U.S.C. 1610 note), with respect to any
            asset that, on or after the date of enactment of this Act, is
            designated as a blocked asset (as defined in subsection (d)(2)
            of that section);
                (3) rules governing the rights of parties to amend
            pleadings; and
                (4) other relevant provisions of law.
        (e) Rule of Construction.--Nothing in this section shall alter,
    impact the interpretation of, or otherwise affect--
                (1) any section of chapter 97 of title 28, United States
            Code; or
                (2) any other provision of law.

    SEC. 1707. COMPENSATION FOR CERTAIN NATURALIZED UNITED STATES CITIZENS
                  AND FOREIGN NATIONALS.

        (a) Compensation.--
                (1) In general.--There is authorized to be appropriated
            $150,000,000 for payment of compensation, notwithstanding any
            other provision of law, to any individual who--
                        (A) has been awarded a judgment in any of the cases
                    set forth in section (c) of the Annex to the claims
                    agreement; and
                        (B) is--
                                (i) a United States employee or contractor
                            injured in connection with the bombings of the
                            United States embassies located in Nairobi,
                            Kenya, and Dar es Salaam, Tanzania, who became
                            a United States citizen after August 7, 1998,
                            and before the date of the enactment of this
                            Act;
                                (ii) a family member--
                                        (I) of a United States employee or
                                    contractor injured in connection with
                                    the bombings of the United States
                                    embassies located in Nairobi, Kenya,
                                    and Dar es Salaam, Tanzania; and
                                        (II) who is a United States citizen
                                    as of the date of the enactment of this
                                    Act; or
                                (iii) a family member--
                                        (I) of a foreign national United
                                    States employee or contractor killed
                                    during those bombings; and
                                        (II) who is a United States citizen
                                    as of the date of the enactment of this
                                    Act.
                (2) Payments.--With the requirement of achieving parity in
            compensation between individuals who became United States
            citizens after August 7, 1998, and individuals who were United
            States citizens on or before August 7, 1998, payment of
            compensation under paragraph (1) to--
                        (A) an individual described in paragraph (1)(B)(i)
                    shall be based on the same standards used to determine
                    the compensation for an employee or contractor injured
                    in connection with the bombings described in that
                    paragraph who was a United States citizen on or before
                    August 7, 1998;
                        (B) an individual described in paragraph (1)(B)(ii)
                    shall be on an equal basis to compensation provided to
                    a family member of an individual described in
                    subparagraph (A); and
                        (C) an individual described in paragraph
                    (1)(B)(iii) shall be on an equal, or, where applicable,
                    a pro rata basis to compensation provided to a family
                    member of a United States employee or contractor who
                    was a United States citizen killed during such
                    bombings.
        (b) Distribution and Requirements.--
                (1) Distribution.--The Secretary shall distribute payments
            from funds made available to carry out subsection (a)(1) to
            individuals described in that subsection.
                (2) Authorization letter.--Not later than December 31,
            2021, the Secretary shall send a letter to each individual who
            will receive payment under paragraph (1) informing the
            individual of the amount of compensation the individual will
            receive pending the execution of any writings under paragraph
            (3), and the standards used to determine compensation under
            subsection (a)(2), taking into account the individual's final
            judgment amount.
                (3) Requirement before distribution.--Before making a
            payment to an individual under paragraph (1), and after the
            delivery of the authorization letter under paragraph (2), the
            Secretary shall require the individual to execute a writing
            that includes a waiver and release of all the individual's
            rights to assert claims for compensatory or other relief in any
            form or to enforce any judgment against Sudan in connection
            with, and any claims against the United States related to, any
            claim, suit, or action specified in Article II of the claims
            agreement.
        (c) Foreign Nationals.--Notwithstanding any other provision of law
    or the claims agreement--
                (1) individuals described in subsection (a)(1) are not
            eligible to receive any compensation as provided by Sudan
            pursuant to Article III of the claims agreement; and
                (2) the funds provided by Sudan for distribution of
            compensation to such individuals pursuant to the Annex of the
            claims agreement shall be redistributed--
                        (A) among all other individuals eligible for
                    compensation under section (c) of the Annex to the
                    claims agreement consistent with the principles set out
                    in that Annex; or
                        (B) if Sudan and the foreign nationals eligible for
                    compensation reach a private settlement, then pursuant
                    to the terms of that settlement.
        (d) Department of State Reporting Requirements.--
                (1) Initial report.--Not later than 90 days after the date
            of the enactment of this Act, the Secretary shall submit to the
            appropriate congressional committees a report that includes a
            detailed description of the plan of the Department of State for
            the distribution of payments to each category of individual
            described in subsection (a)(1), including how the Department is
            arriving at compensation levels for each individual and the
            amount of compensation each such individual will receive from
            funds made available to carry out that subsection.
                (2) Updated report.--Not later than December 31, 2021, the
            Secretary shall submit to the appropriate congressional
            committees a report describing--
                        (A) whether the distribution plan described in
                    paragraph (1) was carried out; and
                        (B) whether compensation levels were provided as
                    described in the report required by paragraph (1).
        (e) Comptroller General Report.--Not later than December 31, 2022,
    the Comptroller General of the United States shall submit to the
    appropriate congressional committees a report assessing the
    implementation of this section by the Department of State, including
    whether--
                (1) all distributions were made in accordance with the
            requirements of subsections (a), (b), and (c); and
                (2) all individuals described in subsection (a)(1) received
            compensation from amounts made available to carry out that
            subsection in the manner described in subsection (a)(2).

    SEC. 1708. TREATY AND EXECUTIVE AGREEMENT PRACTICE.

        (a) Findings.--Congress makes the following findings:
                (1) Congress and the executive branch share responsibility
            for the foreign relations of the United States pursuant to
            Article I and Article II of the Constitution of the United
            States.
                (2) All legislative powers of the Federal Government,
            including on matters of foreign relations, are vested in the
            Congress of the United States pursuant to section 1 of Article
            I of the Constitution.
                (3) The executive branch may not direct Congress to take
            any action, nor may it convey any legislative or other power
            assigned to Congress under the Constitution to any entity,
            domestic or foreign.
                (4) The original escrow release conditions agreement
            prescribed specific legislative text and purported both to
            require enactment of such text and provide a veto to Sudan over
            exceptions to that text.
                (5) Congress rejected the approach described in paragraph
            (4).
                (6) The executive branch and Sudan subsequently amended the
            escrow release conditions agreement to eliminate the specific
            legislative text as well as the purported requirement for
            enactment and the purported veto over exceptions to that text.
        (b) Amendment to Case-Zablocki Act.--Section 112b of title 1,
    United States Code, is amended by adding at the end the following:
        ``(g) It is the sense of Congress that the executive branch should
    not prescribe or otherwise commit to or include specific legislative
    text in a treaty or executive agreement unless Congress has authorized
    such action.''.

    TITLE XVIII--THEODORE ROOSEVELT PRESIDENTIAL LIBRARY CONVEYANCE ACT OF
                                      2020

    SEC. 1801. SHORT TITLE.

        This title may be cited as the ``Theodore Roosevelt Presidential
    Library Conveyance Act of 2020''.

    SEC. 1802. DEFINITIONS.

        In this Act:
                (1) Map.--The term ``map'' means the map entitled ``Project
            Number P08122-2016-009'', depicting a 93 acre site in sections
            21 and 28, T. 140 N., R. 102 W., Billings County, North Dakota,
            and dated December 8, 2020.
                (2) Presidential library.--The term ``Presidential
            Library'' means the Theodore Roosevelt Presidential Library
            Foundation, a North Dakota nonprofit corporation.
                (3) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture, acting through the Chief of the Forest Service.

    SEC. 1803. CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LAND TO THE
                  PRESIDENTIAL LIBRARY.

        (a) Conveyance.--Subject to this section, if the Presidential
    Library submits to the Secretary not later than 1 year after the date
    of enactment of this Act a written request for the conveyance of the
    approximately 93 acres of National Forest System land, as generally
    depicted on the map, the Secretary shall, on the earliest date
    practicable, convey to the Presidential Library by quitclaim deed all
    right, title, and interest of the United States in and to that land.
        (b) Consideration.--As consideration for the conveyance of land
    under subsection (a), the Presidential Library shall pay to the
    Secretary an amount equal to the market value of the land, as
    determined by the appraisal conducted under subsection (d).
        (c) Terms and Conditions.--The conveyance under subsection (a)
    shall be subject to--
                (1) valid existing rights;
                (2) the reservation of easements, as depicted on the map,
            for public use on--
                        (A) the Maah Dah Hey National Trail; and
                        (B) Forest Service Road #7471 and the unnumbered
                    Forest Service road; and
                (3) any other terms and conditions that the Secretary
            considers appropriate to protect the interests of the United
            States.
        (d) Appraisal.--The Secretary shall conduct an appraisal of the
    land to be conveyed under subsection (a) in accordance with--
                (1) the Uniform Appraisal Standards for Federal Land
            Acquisitions;
                (2) the Uniform Standards of Professional Appraisal
            Practice; and
                (3) any other applicable law (including regulations).
        (e) Costs of Conveyance.--As a condition for the conveyance under
    subsection (a), and in addition to the consideration paid under
    subsection (b), the Presidential Library shall pay all costs associated
    with the conveyance, including--
                (1) the survey to Federal standards described in subsection
            (f); and
                (2) the appraisal conducted under subsection (d).
        (f) Survey.--The exact acreage and legal description of the land to
    be conveyed under subsection (a) shall be determined by a survey
    satisfactory to the Secretary.
        (g) Deposit and Use of Proceeds.--All funds received under
    subsection (b) shall be--
                (1) deposited in the fund established by Public Law 90-171
            (commonly known as the Sisk Act) (16 U.S.C. 484a); and
                (2) available to the Secretary, until expended, for the
            acquisition of land or interests in land for inclusion in the
            National Forest System in the State of North Dakota.

            TITLE XIX--UNITED STATES-MEXICO ECONOMIC PARTNERSHIP ACT

    SEC. 1901. SHORT TITLE.

        This title may be cited as the ``United States-Mexico Economic
    Partnership Act''.

    SEC. 1902. FINDINGS.

        Congress finds the following:
                (1) The United States and Mexico have benefitted from a
            bilateral, mutually beneficial partnership focused on advancing
            the economic interests of both countries.
                (2) In 2013, Mexico adopted major energy reforms that
            opened its energy sector to private investment, increasing
            energy cooperation between Mexico and the United States and
            opening new opportunities for United States energy engagement.
                (3) On January 18, 2018, the Principal Deputy Assistant
            Secretary for Educational and Cultural Affairs at the
            Department of State stated, ``Our exchange programs build
            enduring relationships and networks to advance U.S. national
            interests and foreign policy goals . . . The role of our
            exchanges . . . in advancing U.S. national security and
            economic interests enjoys broad bipartisan support from
            Congress and other stakeholders, and provides a strong return
            on investment.''.
                (4) According to the Institute of International Education,
            in the 2015-2016 academic year, more than 56,000 United States
            students studied in other countries in the Western Hemisphere
            region while more than 84,000 non-United States students from
            the region studied in the United States, but only 5,000 of
            those United States students studied in Mexico and only 16,000
            of those non-United States students were from Mexico.

    SEC. 1903. STATEMENT OF POLICY.

        It is the policy of the United States--
                (1) to continue deepening economic cooperation between the
            United States and Mexico;
                (2) to seek to prioritize and expand educational and
            professional exchange programs with Mexico, including through
            frameworks such as the 100,000 Strong in the Americas
            Initiative, the Young Leaders of the Americas Initiative,
            Jovenes en Accion (Youth in Action), the Fulbright Foreign
            Student Program, and the Fulbright Visiting Scholar Program;
            and
                (3) to promote positive cross-border relations as a
            priority for advancing United States foreign policy and
            programs.

    SEC. 1904. STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND
                  PROFESSIONAL EXCHANGE PROGRAMS WITH MEXICO.

        (a) In General.--The Secretary of State shall develop a strategy to
    carry out the policy described in section 1903, to include prioritizing
    and expanding educational and professional exchange programs with
    Mexico through frameworks such as those referred to in section 1903(2).
        (b) Elements.--The strategy required under subsection (a) shall--
                (1) encourage more academic exchanges between the United
            States and Mexico at the secondary, post-secondary, and post-
            graduate levels;
                (2) encourage United States and Mexican academic
            institutions and businesses to collaborate to assist
            prospective and developing entrepreneurs in strengthening their
            business skills and promoting cooperation and joint business
            initiatives across the United States and Mexico;
                (3) promote energy infrastructure coordination and
            cooperation through support of vocational-level education,
            internships, and exchanges between the United States and
            Mexico; and
                (4) assess the feasibility of fostering partnerships
            between universities in the United States and medical school
            and nursing programs in Mexico to ensure that medical school
            and nursing programs in Mexico have comparable accreditation
            standards as medical school and nursing programs in the United
            States by the Accreditation and Standards in Foreign Medical
            Education, in addition to the Accreditation Commission For
            Education in Nursing, so that medical students can pass medical
            licensing board exams, and nursing students can pass nursing
            licensing exams, in the United States.
        (c) Briefing.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of State shall brief the
    appropriate congressional committees regarding the strategy required
    under subsection (a).

    SEC. 1905. DEFINITIONS.

        In this Act, the term ``appropriate congressional committees''
    means--
                (1) the Committee on Foreign Relations of the Senate; and
                (2) the Committee on Foreign Affairs of the House of
            Representatives.

    SEC. 1906. SUNSET PROVISION.

        This Act shall remain in effect until December 31, 2023.

                          TITLE XX--PORT SURVEILLANCE

    SEC. 2001. PORT SURVEILLANCE.

        (a) CPSC Surveillance Personnel During the COVID-19 Pandemic.--For
    the duration of a public health emergency declared pursuant to section
    319 of the Public Health Service Act (42 U.S.C. 247d) as a result of
    confirmed cases of 2019 novel coronavirus (COVID-19), including any
    renewal thereof, the Commission shall ensure, to the maximum extent
    feasible, that investigators are stationed at ports of entry to protect
    the public against unreasonable risk of injury from consumer products,
    with the goal of covering no fewer than 90 percent of all consumer
    products entering the United States that are risk-scored in the Risk
    Assessment Methodology system. The Commission shall consult with United
    States Customs and Border Protection, and other relevant agencies,
    including health and safety agencies, on methods to safely staff ports
    during the pandemic.
        (b) Additional CPSC Surveillance Personnel at Key Ports of Entry.--
    The Commission shall hire, train, and assign not fewer than 16
    additional full-time equivalent personnel to be stationed at or
    supporting efforts at ports of entry, including ports of entry for de
    minimis shipments, for the purpose of identifying, assessing, and
    addressing shipments of violative consumer products. Such hiring shall
    continue during each fiscal year until the total number of full-time
    equivalent personnel equals and sustains the staffing requirements
    identified in the report to Congress required under subsection
    (c)(2)(F).
        (c) Report to Congress.--
                (1) In general.--Not later than 180 days after the date of
            enactment of this section, the Commission shall transmit to
            Congress, and make publicly available, a study and report
            assessing the risk to consumers associated with the reduction
            in Commission port inspection activity during the COVID-19
            pandemic and the targeting and screening of de minimis
            shipments.
                (2) Report requirements.--In the study and report, the
            Commission shall--
                        (A) identify--
                                (i) the risks associated with the reduction
                            in Commission port inspection activity during
                            the COVID-19 pandemic;
                                (ii) the extent to which the reduction in
                            port inspection activity is linked to
                            inadequate Commission resources or due to
                            shortages of trained Commission staff due to
                            the COVID-19 pandemic; and
                                (iii) the steps the Commission has taken
                            and plans to take to mitigate those risks, such
                            as recalls, inspections of product inventory,
                            consumer warnings, and other appropriate
                            measures;
                        (B) examine a sampling of de minimis shipments at a
                    sufficient and representative sample of all types of
                    ports of entry where de minimis shipments are
                    processed, including express consignment carrier
                    facilities, international mail facilities, and air
                    cargo facilities to assess the extent to which such
                    shipments include violative consumer products;
                        (C) examine a sampling of shipments coming from
                    countries identified as high-risk for exporting
                    violative consumer products to identify trends
                    associated with the shipment of products containing
                    both intellectual property rights infringements and
                    consumer product safety violations;
                        (D) detail plans and timelines to effectively
                    address targeting and screening of de minimis shipments
                    to prevent the entry of violative consumer products
                    entering into the commerce of the United States taking
                    into consideration projected growth in e-commerce;
                        (E) establish metrics by which to evaluate the
                    effectiveness of the Commission efforts to reduce the
                    number of de minimis shipments containing violative
                    consumer products from entering into the commerce of
                    the United States; and
                        (F) assess projected technology and resources,
                    including staffing requirements necessary to implement
                    such plans based on available and needed Commission
                    resources.
        (d) Definitions.--In this section--
                (1) the term ``Commission'' means the Consumer Product
            Safety Commission;
                (2) the term ``de minimis shipments'' means articles
            containing consumer products entering the United States under
            the de minimis value exemption in 19 U.S.C. 1321(a)(2)(C);
                (3) the term ``ports of entry for de minimis shipments''
            means environments where de minimis shipments are processed,
            including express consignment carrier facilities, international
            mail facilities, and air cargo facilities; and
                (4) the term ``violative consumer products'' means consumer
            products in violation of an applicable consumer product safety
            rule under the Consumer Product Safety Act or any similar rule,
            regulation, standard, or ban under any other Act enforced by
            the Commission.
        (e) Savings Clause.--Nothing in this section shall be construed to
    limit, affect, or conflict with any other authority of the Commission
    or any other statutory requirements governing the Commission.

      TITLE XXI--COVID-19 REGULATORY RELIEF AND WORK FROM HOME SAFETY ACT

    SEC. 2101. COVID-19 REGULATORY RELIEF AND WORK FROM HOME SAFETY ACT.

        (a) Short Title.--This title may be cited as the ``COVID-19
    Regulatory Relief and Work From Home Safety Act''.
        (b) Definitions.--In this Act--
                (1) the term ``bedding product'' means--
                        (A) an item that is used for sleeping or sleep-
                    related purposes; or
                        (B) any component or accessory with respect to an
                    item described in subparagraph (A), without regard to
                    whether the component or accessory, as applicable, is
                    used--
                                (i) alone; or
                                (ii) along with, or contained within, that
                            item;
                (2) the term ``California standard'' means the standard set
            forth by the Bureau of Electronic and Appliance Repair, Home
            Furnishings and Thermal Insulation of the Department of
            Consumer Affairs of the State of California in Technical
            Bulletin 117-2013, entitled ``Requirements, Test Procedure and
            Apparatus for Testing the Smolder Resistance of Materials Used
            in Upholstered Furniture'', originally published June 2013, as
            in effect on the date of enactment of this Act;
                (3) the terms ``foundation'' and ``mattress'' have the
            meanings given those terms in section 1633.2 of title 16, Code
            of Federal Regulations, as in effect on the date of enactment
            of this Act; and
                (4) the term ``upholstered furniture''--
                        (A) means an article of seating furniture that--
                                (i) is intended for indoor use;
                                (ii) is movable or stationary;
                                (iii) is constructed with an upholstered
                            seat, back, or arm;
                                (iv) is--
                                        (I) made or sold with a cushion or
                                    pillow, without regard to whether that
                                    cushion or pillow, as applicable, is
                                    attached or detached with respect to
                                    the article of furniture; or
                                        (II) stuffed or filled, or able to
                                    be stuffed or filled, in whole or in
                                    part, with any material, including a
                                    substance or material that is hidden or
                                    concealed by fabric or another
                                    covering, including a cushion or pillow
                                    belonging to, or forming a part of, the
                                    article of furniture; and
                                (v) together with the structural units of
                            the article of furniture, any filling material,
                            and the container and covering with respect to
                            those structural units and that filling
                            material, can be used as a support for the body
                            of an individual, or the limbs and feet of an
                            individual, when the individual sits in an
                            upright or reclining position;
                        (B) includes an article of furniture that is
                    intended for use by a child; and
                        (C) does not include--
                                (i) a mattress;
                                (ii) a foundation;
                                (iii) any bedding product; or
                                (iv) furniture that is used exclusively for
                            the purpose of physical fitness and exercise.
        (c) Adoption of Standard.--
                (1) In general.--Beginning on the date that is 180 days
            after the date of enactment of this Act, and except as provided
            in paragraph (2), the California standard shall be considered
            to be a flammability standard promulgated by the Consumer
            Product Safety Commission under section 4 of the Flammable
            Fabrics Act (15 U.S.C. 1193).
                (2) Testing and certification.--A fabric, related material,
            or product to which the California standard applies as a result
            of paragraph (1) shall not be subject to section 14(a) of the
            Consumer Product Safety Act (15 U.S.C. 2063(a)) with respect to
            that standard.
                (3) Certification label.--Each manufacturer of a product
            that is subject to the California standard as a result of
            paragraph (1) shall include the statement ``Complies with U.S.
            CPSC requirements for upholstered furniture flammability'' on a
            permanent label located on the product, which shall be
            considered to be a certification that the product complies with
            that standard.
        (d) Preemption.--
                (1) In general.--Notwithstanding section 16 of the
            Flammable Fabrics Act (15 U.S.C. 1203) and section 231 of the
            Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2051
            note), and except as provided in subparagraphs (B) and (C) of
            paragraph (2), no State or any political subdivision of a State
            may establish or continue in effect any provision of a
            flammability law, regulation, code, standard, or requirement
            that is designed to protect against the risk of occurrence of
            fire, or to slow or prevent the spread of fire, with respect to
            upholstered furniture.
                (2) Preservation of certain state law.--Nothing in this Act
            or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) may be
            construed to preempt or otherwise affect--
                        (A) any State or local law, regulation, code,
                    standard, or requirement that--
                                (i) concerns health risks associated with
                            upholstered furniture; and
                                (ii) is not designed to protect against the
                            risk of occurrence of fire, or to slow or
                            prevent the spread of fire, with respect to
                            upholstered furniture;
                        (B) sections 1374 through 1374.3 of title 4,
                    California Code of Regulations (except for subsections
                    (b) and (c) of section 1374 of that title), as in
                    effect on the date of enactment of this Act; or
                        (C) the California standard.

                Attest:

                                                                     Clerk.
    116th CONGRESS

      2d Session

                                    H.R. 133

    _______________________________________________________________________

                      HOUSE AMENDMENT TO SENATE AMENDMENT