[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 3501'50.75'' W about 955.59 feet to a point 
        N692046.26, E1180710.74;
            (3) running N 5458'06.78'' E about 100.00 feet to a point 
        N692103.66, E1180792.62;
            (4) running S 3501'50.75'' E about 989.8 feet to a point 
        N691293.17, E1181360.78; and
            (5) running S 7351'15.45'' 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 S8443' 23.94''W about 381.51 
                feet to a point with coordinates N197,604.98, 
                E837,471.82;
                    (C) thence running N4347' 51.43''W about 270.26 
                feet to a point with coordinates N197,800.05, 
                E837,284.77;
                    (D) thence running S5902' 26.62''E about 219.18 
                feet to a point with coordinates N197,687.30, 
                E837,472.72;
                    (E) thence running S8150' 09.76''E about 144.70 
                feet to a point with coordinates N197,666.75, 
                E837,615.96;
                    (F) thence running N5727' 07.42''E about 317.32 
                feet to a point with coordinates N197,866.52, 
                E837,928.96; and
                    (G) thence running S1850' 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 N1850' 04.48''E about 239.27 
                feet to a point with coordinates N197,866.53, 
                E837,928.96;
                    (C) thence running N5828' 51.05''E about 308.48 
                feet to a point with coordinates N198,027.79, 
                E838,191.93;
                    (D) thence running N8420' 01.88''E about 370.06 
                feet to a point with coordinates N198,064.33, 
                E838,560.18;
                    (E) thence running S0532' 03.42''E about 357.31 
                feet to a point with coordinates N197,708.68, 
                E838,594.64; and
                    (F) thence running S8443' 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 N3346' 08.14''W about 914.57 feet to a 
        point with coordinates N 194,935.40, E 2,881,503.38;
            (3) thence running N1241' 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 N7718' 50.22''E about 100.00 feet to a 
        point with coordinates N 195,958.70, E 2,881,375.53;
            (5) thence running S1241' 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 S3346' 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 S5613' 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 
        Sl24'56''W, 1265.52 feet to a point, thence N8829'02''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 N344'4l''E, a radius of 238.73 feet and an interior 
        angle of 6129'26'', an arc distance of 256.21 feet to a point; 
        thence N6514'07''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 3600'01'', an 
        arc distance of 423.53 feet to a point; thence N2914'07''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 1430'01'', an arc distance of 207.15 feet to a point; 
        thence N4344'07''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 
        S124'56''W, 1265.52 feet to the point of beginning of the 
        tract of land herein described; thence N8829'02''W, 1122.50 
        feet; thence S143'26''W, 872.62 feet; thence S8829'02''E, 
        1337.36 feet; thence Nl43'26''E, 872.62 feet; thence 
        N8829'02''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